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S.B. 153
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7 LONG TITLE
8 General Description:
9 This bill recodifies and amends the Utah Procurement Code.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . describes requirements and procedures relating to procurements and procurement
14 processes by public entities;
15 . describes the applicability of the Utah Procurement Code;
16 . grants rulemaking authority;
17 . describes the duties and powers of the Division of Purchasing and General Services;
18 . provides for exemptions from certain provisions of the Utah Procurement Code;
19 . describes the duties and powers of the Utah State Procurement Policy Board and the
20 procurement advisory councils;
21 . describes the duties and powers of the chief procurement officer;
22 . provides for exceptions to procurement process requirements;
23 . addresses cancellations, rejections, and debarment;
24 . addresses reciprocal preferences and purchase from community rehabilitation
25 programs;
26 . describes the duties and powers of the Purchasing from Persons with Disabilities
27 Advisory Board;
28 . describes bid security and bond requirements;
29 . describes requirements relating to contracts and change orders;
30 . describes requirements relating to construction procurement and contracts;
31 . describes requirements relating to architect-engineer services;
32 . describes procedures, requirements, and limitations relating to controversies,
33 protests, appeals, and judicial action;
34 . addresses the retention of records;
35 . addresses interaction between public procurement units;
36 . establishes ethical practice provisions relating to procurements;
37 . amends existing, and enacts new, criminal provisions and penalties relating to
38 procurements; and
39 . makes technical changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill takes effect on January 1, 2013.
44 Utah Code Sections Affected:
45 AMENDS:
46 7-1-323, as last amended by Laws of Utah 2008, Chapter 382
47 7-2-21, as last amended by Laws of Utah 2008, Chapter 382
48 9-4-704, as last amended by Laws of Utah 2011, Chapter 342
49 9-4-906, as last amended by Laws of Utah 2008, Chapter 382
50 9-4-1602, as enacted by Laws of Utah 2011, Chapter 217
51 10-3-1304, as last amended by Laws of Utah 2008, Chapter 382
52 10-3-1305, as last amended by Laws of Utah 2008, Chapter 382
53 10-7-86, as last amended by Laws of Utah 2008, Chapter 382
54 11-17-20, as last amended by Laws of Utah 2008, Chapter 382
55 11-39-101, as last amended by Laws of Utah 2008, Chapters 360 and 382
56 11-39-107, as last amended by Laws of Utah 2011, Chapter 387
57 11-44-202, as enacted by Laws of Utah 2010, Chapter 244
58 11-44-301, as enacted by Laws of Utah 2010, Chapter 244
59 13-2-9, as last amended by Laws of Utah 2008, Chapter 382
60 14-1-18, as last amended by Laws of Utah 2008, Chapter 382
61 17-16a-4, as last amended by Laws of Utah 2008, Chapter 382
62 17-43-202, as last amended by Laws of Utah 2008, Chapter 382
63 17-43-302, as last amended by Laws of Utah 2008, Chapter 382
64 17-53-225, as last amended by Laws of Utah 2008, Chapter 382
65 17-53-313, as last amended by Laws of Utah 2008, Chapter 382
66 17B-1-108, as last amended by Laws of Utah 2008, Chapter 382
67 17B-2a-818, as last amended by Laws of Utah 2010, Chapter 281
68 17B-2a-818.5, as last amended by Laws of Utah 2011, Chapters 297 and 400
69 17D-1-106, as last amended by Laws of Utah 2011, Chapters 40, 106, 205, and 209
70 17D-2-108, as enacted by Laws of Utah 2008, Chapter 360
71 19-1-206, as last amended by Laws of Utah 2011, Chapters 297 and 400
72 20A-11-701, as last amended by Laws of Utah 2011, Chapter 396
73 26-8a-405.3, as last amended by Laws of Utah 2011, Chapter 297
74 26-8a-405.5, as last amended by Laws of Utah 2011, Chapter 297
75 26-10-8, as enacted by Laws of Utah 2010, Chapter 413
76 26-10b-102, as last amended by Laws of Utah 2011, Chapter 297
77 26-18-2.6, as enacted by Laws of Utah 2011, Chapter 344
78 26-40-110, as last amended by Laws of Utah 2011, Chapter 297
79 30-3-11.3, as last amended by Laws of Utah 2011, Chapter 51
80 30-3-11.4, as last amended by Laws of Utah 2011, Chapter 51
81 30-3-38, as last amended by Laws of Utah 2008, Chapters 44 and 382
82 31A-29-110, as last amended by Laws of Utah 2008, Chapter 382
83 31A-29-111, as last amended by Laws of Utah 2008, Chapters 382 and 385
84 31A-33-104, as last amended by Laws of Utah 2008, Chapter 382
85 31A-33-107, as last amended by Laws of Utah 2008, Chapter 382
86 34A-2-203, as last amended by Laws of Utah 2008, Chapter 382
87 35A-5-202, as last amended by Laws of Utah 2008, Chapter 382
88 38-1-30, as last amended by Laws of Utah 2011, Chapter 299
89 38-1-39, as last amended by Laws of Utah 2008, Chapter 382
90 41-12a-803, as last amended by Laws of Utah 2011, Chapter 342
91 53-2-404, as last amended by Laws of Utah 2011, Chapter 342
92 53A-1-706, as last amended by Laws of Utah 2008, Chapter 382
93 53A-1a-511, as last amended by Laws of Utah 2008, Chapter 382
94 53A-20-101, as last amended by Laws of Utah 2008, Chapter 382
95 53A-25b-105, as enacted by Laws of Utah 2009, Chapter 294
96 53C-1-201 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapters 247
97 and 353
98 54-3-29, as last amended by Laws of Utah 2011, Chapter 340
99 54-8b-10, as last amended by Laws of Utah 2011, Chapters 329 and 342
100 62A-1-108.5, as last amended by Laws of Utah 2011, Chapter 366
101 62A-3-104, as last amended by Laws of Utah 2008, Chapter 382
102 62A-3-104.1, as last amended by Laws of Utah 2008, Chapter 382
103 62A-14-109, as last amended by Laws of Utah 2008, Chapter 382
104 63A-5-205, as last amended by Laws of Utah 2011, Chapter 400
105 63A-5-208, as last amended by Laws of Utah 2008, Chapter 382
106 63A-5-302, as last amended by Laws of Utah 2010, Chapter 324
107 63B-2-102, as last amended by Laws of Utah 2008, Chapter 382
108 63B-3-102, as last amended by Laws of Utah 2008, Chapter 382
109 63B-4-102, as last amended by Laws of Utah 2008, Chapter 382
110 63B-5-102, as last amended by Laws of Utah 2008, Chapter 382
111 63B-6-102, as last amended by Laws of Utah 2008, Chapter 382
112 63B-6-402, as last amended by Laws of Utah 2008, Chapter 382
113 63B-7-102, as last amended by Laws of Utah 2008, Chapter 382
114 63B-7-402, as last amended by Laws of Utah 2008, Chapter 382
115 63B-8-102, as last amended by Laws of Utah 2008, Chapter 382
116 63B-8-402, as last amended by Laws of Utah 2008, Chapter 382
117 63B-9-103, as last amended by Laws of Utah 2008, Chapter 382
118 63B-11-202, as last amended by Laws of Utah 2008, Chapter 382
119 63C-7-210, as last amended by Laws of Utah 2008, Chapter 382
120 63C-9-301, as last amended by Laws of Utah 2008, Chapters 10 and 382
121 63C-9-403, as last amended by Laws of Utah 2011, Chapter 400
122 63E-2-109, as last amended by Laws of Utah 2008, Chapter 382
123 63F-1-205, as last amended by Laws of Utah 2011, Chapter 376
124 63G-7-804, as renumbered and amended by Laws of Utah 2008, Chapter 382
125 63G-10-403, as enacted by Laws of Utah 2011, Chapter 361
126 63H-2-504, as enacted by Laws of Utah 2009, Chapter 378
127 63H-3-109, as renumbered and amended by Laws of Utah 2011, Chapter 370
128 63H-4-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
129 63H-5-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
130 63H-6-103, as renumbered and amended by Laws of Utah 2011, Chapter 370
131 63I-1-263, as last amended by Laws of Utah 2011, Chapters 199, 370, 408, and 411
132 63M-1-2602, as enacted by Laws of Utah 2008, Chapter 352
133 63M-1-2603, as enacted by Laws of Utah 2008, Chapter 352
134 63M-1-2605, as enacted by Laws of Utah 2008, Chapter 352
135 63M-1-2606, as enacted by Laws of Utah 2008, Chapter 352
136 63M-1-2607, as enacted by Laws of Utah 2008, Chapter 352
137 63M-1-2608, as enacted by Laws of Utah 2008, Chapter 352
138 63M-1-2610, as enacted by Laws of Utah 2008, Chapter 352
139 64-13a-13, as last amended by Laws of Utah 2008, Chapter 382
140 67-16-4, as last amended by Laws of Utah 2008, Chapter 382
141 67-16-5, as last amended by Laws of Utah 2008, Chapter 382
142 67-16-5.3, as last amended by Laws of Utah 2008, Chapter 382
143 67-16-6, as last amended by Laws of Utah 2008, Chapter 382
144 72-6-107, as last amended by Laws of Utah 2010, Chapter 90
145 72-6-107.5, as last amended by Laws of Utah 2011, Chapter 400
146 72-6-108, as last amended by Laws of Utah 2009, Chapter 388
147 72-6-205, as last amended by Laws of Utah 2009, Chapter 183
148 72-7-504, as last amended by Laws of Utah 2008, Chapter 382
149 73-10-27, as last amended by Laws of Utah 2008, Chapters 267 and 382
150 73-23-3, as last amended by Laws of Utah 2008, Chapter 382
151 76-10-1602, as last amended by Laws of Utah 2011, Chapter 320
152 78A-2-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
153 79-2-404, as last amended by Laws of Utah 2011, Chapter 400
154 79-4-203, as renumbered and amended by Laws of Utah 2009, Chapter 344
155 ENACTS:
156 63G-6a-104, Utah Code Annotated 1953
157 63G-6a-110, Utah Code Annotated 1953
158 63G-6a-201, Utah Code Annotated 1953
159 63G-6a-301, Utah Code Annotated 1953
160 63G-6a-401, Utah Code Annotated 1953
161 63G-6a-402, Utah Code Annotated 1953
162 63G-6a-403, Utah Code Annotated 1953
163 63G-6a-404, Utah Code Annotated 1953
164 63G-6a-405, Utah Code Annotated 1953
165 63G-6a-406, Utah Code Annotated 1953
166 63G-6a-408, Utah Code Annotated 1953
167 63G-6a-501, Utah Code Annotated 1953
168 63G-6a-502, Utah Code Annotated 1953
169 63G-6a-503, Utah Code Annotated 1953
170 63G-6a-504, Utah Code Annotated 1953
171 63G-6a-601, Utah Code Annotated 1953
172 63G-6a-602, Utah Code Annotated 1953
173 63G-6a-603, Utah Code Annotated 1953
174 63G-6a-604, Utah Code Annotated 1953
175 63G-6a-605, Utah Code Annotated 1953
176 63G-6a-606, Utah Code Annotated 1953
177 63G-6a-607, Utah Code Annotated 1953
178 63G-6a-608, Utah Code Annotated 1953
179 63G-6a-609, Utah Code Annotated 1953
180 63G-6a-610, Utah Code Annotated 1953
181 63G-6a-611, Utah Code Annotated 1953
182 63G-6a-612, Utah Code Annotated 1953
183 63G-6a-701, Utah Code Annotated 1953
184 63G-6a-702, Utah Code Annotated 1953
185 63G-6a-703, Utah Code Annotated 1953
186 63G-6a-704, Utah Code Annotated 1953
187 63G-6a-705, Utah Code Annotated 1953
188 63G-6a-706, Utah Code Annotated 1953
189 63G-6a-707, Utah Code Annotated 1953
190 63G-6a-708, Utah Code Annotated 1953
191 63G-6a-709, Utah Code Annotated 1953
192 63G-6a-710, Utah Code Annotated 1953
193 63G-6a-801, Utah Code Annotated 1953
194 63G-6a-803, Utah Code Annotated 1953
195 63G-6a-901, Utah Code Annotated 1953
196 63G-6a-1001, Utah Code Annotated 1953
197 63G-6a-1101, Utah Code Annotated 1953
198 63G-6a-1201, Utah Code Annotated 1953
199 63G-6a-1204, Utah Code Annotated 1953
200 63G-6a-1301, Utah Code Annotated 1953
201 63G-6a-1401, Utah Code Annotated 1953
202 63G-6a-1501, Utah Code Annotated 1953
203 63G-6a-1601, Utah Code Annotated 1953
204 63G-6a-1701, Utah Code Annotated 1953
205 63G-6a-1801, Utah Code Annotated 1953
206 63G-6a-1901, Utah Code Annotated 1953
207 63G-6a-2001, Utah Code Annotated 1953
208 63G-6a-2101, Utah Code Annotated 1953
209 63G-6a-2201, Utah Code Annotated 1953
210 63G-6a-2202, Utah Code Annotated 1953
211 63G-6a-2301, Utah Code Annotated 1953
212 63G-6a-2303, Utah Code Annotated 1953
213 63G-6a-2304, Utah Code Annotated 1953
214 63G-6a-2305, Utah Code Annotated 1953
215 63G-6a-2306, Utah Code Annotated 1953
216 63G-6a-2307, Utah Code Annotated 1953
217 RENUMBERS AND AMENDS:
218 63G-6a-101, (Renumbered from 63G-6-101, as enacted by Laws of Utah 2008, Chapter
219 382)
220 63G-6a-102, (Renumbered from 63G-6-102, as renumbered and amended by Laws of
221 Utah 2008, Chapter 382)
222 63G-6a-103, (Renumbered from 63G-6-103, as last amended by Laws of Utah 2011,
223 Chapter 376)
224 63G-6a-105, (Renumbered from 63G-6-104, as renumbered and amended by Laws of
225 Utah 2008, Chapter 382)
226 63G-6a-106, (Renumbered from 63G-6-207, as last amended by Laws of Utah 2008,
227 Chapter 3 and renumbered and amended by Laws of Utah 2008, Chapter 382)
228 63G-6a-109, (Renumbered from 63G-6-105, as renumbered and amended by Laws of
229 Utah 2008, Chapter 382)
230 63G-6a-202, (Renumbered from 63G-6-201, as last amended by Laws of Utah 2011,
231 Chapter 376)
232 63G-6a-203, (Renumbered from 63G-6-202, as last amended by Laws of Utah 2011,
233 Chapter 376)
234 63G-6a-204, (Renumbered from 63G-6-208, as last amended by Laws of Utah 2009,
235 Chapter 132)
236 63G-6a-205, (Renumbered from 63G-6-209, as renumbered and amended by Laws of
237 Utah 2008, Chapter 382)
238 63G-6a-302, (Renumbered from 63G-6-203, as renumbered and amended by Laws of
239 Utah 2008, Chapter 382)
240 63G-6a-303, (Renumbered from 63G-6-204, as last amended by Laws of Utah 2008,
241 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
242 63G-6a-304, (Renumbered from 63G-6-205, as last amended by Laws of Utah 2008,
243 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
244 63G-6a-305, (Renumbered from 63G-6-302, as last amended by Laws of Utah 2011,
245 Chapter 376)
246 63G-6a-407, (Renumbered from 63G-6-303, as renumbered and amended by Laws of
247 Utah 2008, Chapter 382)
248 63G-6a-711, (Renumbered from 63G-6-408.5, as enacted by Laws of Utah 2008,
249 Chapter 352)
250 63G-6a-802, (Renumbered from 63G-6-410, as renumbered and amended by Laws of
251 Utah 2008, Chapter 382)
252 63G-6a-804, (Renumbered from 63G-6-423, as renumbered and amended by Laws of
253 Utah 2008, Chapter 382)
254 63G-6a-805, (Renumbered from 63G-6-425, as renumbered and amended by Laws of
255 Utah 2008, Chapter 382)
256 63G-6a-902, (Renumbered from 63G-6-412, as renumbered and amended by Laws of
257 Utah 2008, Chapter 382)
258 63G-6a-903, (Renumbered from 63G-6-413, as renumbered and amended by Laws of
259 Utah 2008, Chapter 382)
260 63G-6a-904, (Renumbered from 63G-6-804, as renumbered and amended by Laws of
261 Utah 2008, Chapter 382)
262 63G-6a-1002, (Renumbered from 63G-6-404, as renumbered and amended by Laws of
263 Utah 2008, Chapter 382)
264 63G-6a-1003, (Renumbered from 63G-6-405, as renumbered and amended by Laws of
265 Utah 2008, Chapter 382)
266 63G-6a-1102, (Renumbered from 63G-6-504, as renumbered and amended by Laws of
267 Utah 2008, Chapter 382)
268 63G-6a-1103, (Renumbered from 63G-6-505, as renumbered and amended by Laws of
269 Utah 2008, Chapter 382)
270 63G-6a-1104, (Renumbered from 63G-6-506, as last amended by Laws of Utah 2011,
271 Chapter 299)
272 63G-6a-1105, (Renumbered from 63G-6-507, as renumbered and amended by Laws of
273 Utah 2008, Chapter 382)
274 63G-6a-1202, (Renumbered from 63G-6-601, as renumbered and amended by Laws of
275 Utah 2008, Chapter 382)
276 63G-6a-1203, (Renumbered from 63G-6-603, as enacted by Laws of Utah 2009,
277 Chapter 217)
278 63G-6a-1205, (Renumbered from 63G-6-416, as renumbered and amended by Laws of
279 Utah 2008, Chapter 382)
280 63G-6a-1206, (Renumbered from 63G-6-415, as renumbered and amended by Laws of
281 Utah 2008, Chapter 382)
282 63G-6a-1207, (Renumbered from 63G-6-602, as renumbered and amended by Laws of
283 Utah 2008, Chapter 382)
284 63G-6a-1302, (Renumbered from 63G-6-501, as renumbered and amended by Laws of
285 Utah 2008, Chapter 382)
286 63G-6a-1303, (Renumbered from 63G-6-604, as enacted by Laws of Utah 2010,
287 Chapter 18)
288 63G-6a-1402, (Renumbered from 63G-6-502, as last amended by Laws of Utah 2010,
289 Chapter 358)
290 63G-6a-1403, (Renumbered from 63G-6-503, as renumbered and amended by Laws of
291 Utah 2008, Chapter 382)
292 63G-6a-1502, (Renumbered from 63G-6-701, as renumbered and amended by Laws of
293 Utah 2008, Chapter 382)
294 63G-6a-1503, (Renumbered from 63G-6-702, as renumbered and amended by Laws of
295 Utah 2008, Chapter 382)
296 63G-6a-1504, (Renumbered from 63G-6-703, as renumbered and amended by Laws of
297 Utah 2008, Chapter 382)
298 63G-6a-1505, (Renumbered from 63G-6-704, as renumbered and amended by Laws of
299 Utah 2008, Chapter 382)
300 63G-6a-1506, (Renumbered from 63G-6-705, as renumbered and amended by Laws of
301 Utah 2008, Chapter 382)
302 63G-6a-1602, (Renumbered from 63G-6-805, as renumbered and amended by Laws of
303 Utah 2008, Chapter 382)
304 63G-6a-1603, (Renumbered from 63G-6-801, as last amended by Laws of Utah 2011,
305 Chapter 361)
306 63G-6a-1604, (Renumbered from 63G-6-806, as renumbered and amended by Laws of
307 Utah 2008, Chapter 382)
308 63G-6a-1605, (Renumbered from 63G-6-907, as renumbered and amended by Laws of
309 Utah 2008, Chapter 382)
310 63G-6a-1606, (Renumbered from 63G-6-802, as renumbered and amended by Laws of
311 Utah 2008, Chapter 382)
312 63G-6a-1607, (Renumbered from 63G-6-803, as renumbered and amended by Laws of
313 Utah 2008, Chapter 382)
314 63G-6a-1702, (Renumbered from 63G-6-807, as last amended by Laws of Utah 2010,
315 Chapter 286)
316 63G-6a-1703, (Renumbered from 63G-6-810, as renumbered and amended by Laws of
317 Utah 2008, Chapter 382)
318 63G-6a-1704, (Renumbered from 63G-6-808, as renumbered and amended by Laws of
319 Utah 2008, Chapter 382)
320 63G-6a-1705, (Renumbered from 63G-6-809, as renumbered and amended by Laws of
321 Utah 2008, Chapter 382)
322 63G-6a-1706, (Renumbered from 63G-6-811, as renumbered and amended by Laws of
323 Utah 2008, Chapter 382)
324 63G-6a-1707, (Renumbered from 63G-6-812, as renumbered and amended by Laws of
325 Utah 2008, Chapter 382)
326 63G-6a-1708, (Renumbered from 63G-6-813, as renumbered and amended by Laws of
327 Utah 2008, Chapter 382)
328 63G-6a-1802, (Renumbered from 63G-6-814, as renumbered and amended by Laws of
329 Utah 2008, Chapter 382)
330 63G-6a-1803, (Renumbered from 63G-6-815, as renumbered and amended by Laws of
331 Utah 2008, Chapter 382)
332 63G-6a-1804, (Renumbered from 63G-6-817, as renumbered and amended by Laws of
333 Utah 2008, Chapter 382)
334 63G-6a-1805, (Renumbered from 63G-6-816, as renumbered and amended by Laws of
335 Utah 2008, Chapter 382)
336 63G-6a-1902, (Renumbered from 63G-6-419, as renumbered and amended by Laws of
337 Utah 2008, Chapter 382)
338 63G-6a-1903, (Renumbered from 63G-6-818, as renumbered and amended by Laws of
339 Utah 2008, Chapter 382)
340 63G-6a-1904, (Renumbered from 63G-6-819, as renumbered and amended by Laws of
341 Utah 2008, Chapter 382)
342 63G-6a-1905, (Renumbered from 63G-6-820, as renumbered and amended by Laws of
343 Utah 2008, Chapter 382)
344 63G-6a-2002, (Renumbered from 63G-6-106, as renumbered and amended by Laws of
345 Utah 2008, Chapter 382)
346 63G-6a-2003, (Renumbered from 63G-6-421, as renumbered and amended by Laws of
347 Utah 2008, Chapter 382)
348 63G-6a-2004, (Renumbered from 63G-6-905, as renumbered and amended by Laws of
349 Utah 2008, Chapter 382)
350 63G-6a-2102, (Renumbered from 63G-6-901, as renumbered and amended by Laws of
351 Utah 2008, Chapter 382)
352 63G-6a-2103, (Renumbered from 63G-6-902, as renumbered and amended by Laws of
353 Utah 2008, Chapter 382)
354 63G-6a-2104, (Renumbered from 63G-6-904, as renumbered and amended by Laws of
355 Utah 2008, Chapter 382)
356 63G-6a-2105, (Renumbered from 63G-6-424, as renumbered and amended by Laws of
357 Utah 2008, Chapter 382)
358 63G-6a-2302, (Renumbered from 63G-6-420, as renumbered and amended by Laws of
359 Utah 2008, Chapter 382)
360 REPEALS:
361 10-7-87, as last amended by Laws of Utah 2008, Chapter 382
362 11-37-101, as last amended by Laws of Utah 2008, Chapter 382
363 17-15-24, as last amended by Laws of Utah 2008, Chapter 382
364 17B-1-109, as renumbered and amended by Laws of Utah 2007, Chapter 329
365 26A-1-108.7, as last amended by Laws of Utah 2008, Chapter 382
366 63G-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
367 63G-6-301, as last amended by Laws of Utah 2011, Chapter 376
368 63G-6-401, as last amended by Laws of Utah 2009, Chapter 388
369 63G-6-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
370 63G-6-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
371 63G-6-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
372 63G-6-407, as renumbered and amended by Laws of Utah 2008, Chapter 382
373 63G-6-408, as renumbered and amended by Laws of Utah 2008, Chapter 382
374 63G-6-409, as renumbered and amended by Laws of Utah 2008, Chapter 382
375 63G-6-411, as renumbered and amended by Laws of Utah 2008, Chapter 382
376 63G-6-414, as renumbered and amended by Laws of Utah 2008, Chapter 382
377 63G-6-417, as renumbered and amended by Laws of Utah 2008, Chapter 382
378 63G-6-418, as renumbered and amended by Laws of Utah 2008, Chapter 382
379 63G-6-422, as renumbered and amended by Laws of Utah 2008, Chapter 382
380 63G-6-426, as renumbered and amended by Laws of Utah 2008, Chapter 382
381 63G-6-903, as renumbered and amended by Laws of Utah 2008, Chapter 382
382 63G-6-906, as renumbered and amended by Laws of Utah 2008, Chapter 382
383 63G-6-1001, as renumbered and amended by Laws of Utah 2008, Chapter 382
384 63G-6-1002, as renumbered and amended by Laws of Utah 2008, Chapter 382
385
386 Be it enacted by the Legislature of the state of Utah:
387 Section 1. Section 7-1-323 is amended to read:
388 7-1-323. Regulation of interstate operations -- Coordination of efforts.
389 (1) The commissioner may:
390 (a) examine, supervise, and regulate a branch operated in this state by a depository
391 institution chartered by another state and take any action or issue any order with regard to that
392 branch;
393 (b) examine, supervise, and regulate a branch operated in another state by a depository
394 institution chartered by this state and take any action or issue any order with regard to that
395 branch; and
396 (c) coordinate these activities with any other state or federal agency that shares
397 jurisdiction over the institution.
398 (2) The commissioner may coordinate the examination, supervision, and regulation of
399 any depository institution chartered by this state with the examination, supervision, and
400 regulation of an affiliated depository institution operating in another state.
401 (3) The commissioner may take any reasonable and lawful action in furtherance of
402 coordinating the regulation of interstate operations, including:
403 (a) negotiating and entering into cooperative agreements with an agency of another
404 state or of the federal government;
405 (b) sharing information and reports in accordance with Section 7-1-802 with an agency
406 that shares jurisdiction over the institution;
407 (c) accepting as sufficient, if appropriate, examination reports and other information
408 compiled or generated by or for an agency that shares jurisdiction over the institution;
409 (d) contracting with an agency that shares jurisdiction over the institution to engage the
410 services of its examiners at a reasonable rate of compensation;
411 (e) offering the services of the department's examiners at a reasonable rate of
412 compensation to an agency that shares jurisdiction over the institution;
413 (f) collecting fees on behalf of, or receiving payment of fees through, an agency that
414 shares jurisdiction over the institution; and
415 (g) cooperating in any other way with other supervisory agencies and professional
416 associations to promote the efficient, safe, and sound operation and regulation of interstate
417 depository institution activities, including the formulation of interstate examination policies
418 and procedures and the drafting of model laws, rules, and agreements.
419 (4) A contract between the department and an agency that shares jurisdiction over a
420 depository institution to provide examiners to aid in interstate examination and regulation is
421 considered a sole source contract under Section [
422 Section 2. Section 7-2-21 is amended to read:
423 7-2-21. Applicability of Utah Procurement Code.
424 No action of the commissioner taken under this chapter or Chapter 19, Acquisition of
425 Failing Depository Institutions or Holding Companies, is subject to the provisions of Title 63G,
426 Chapter [
427 Section 3. Section 9-4-704 is amended to read:
428 9-4-704. Distribution of fund money.
429 (1) The executive director shall:
430 (a) make grants and loans from the fund for any of the activities authorized by Section
431 9-4-705 , as directed by the board;
432 (b) establish the criteria with the approval of the board by which loans and grants will
433 be made; and
434 (c) determine with the approval of the board the order in which projects will be funded.
435 (2) The executive director shall distribute, as directed by the board, any federal money
436 contained in the fund according to the procedures, conditions, and restrictions placed upon the
437 use of the money by the federal government.
438 (3) (a) The executive director shall distribute, as directed by the board, any funds
439 received pursuant to Section 17C-1-412 to pay the costs of providing income targeted housing
440 within the community that created the community development and renewal agency under Title
441 17C, Limited Purpose Local Government Entities - Community Development and Renewal
442 Agencies Act.
443 (b) As used in Subsection (3)(a):
444 (i) "Community" has the meaning as defined in Section 17C-1-102 .
445 (ii) "Income targeted housing" has the meaning as defined in Section 17C-1-102 .
446 (4) Except federal money and money received under Section 17C-1-412 , the executive
447 director shall distribute, as directed by the board, all other money from the fund according to
448 the following requirements:
449 (a) Not less than 30% of all fund money shall be distributed to rural areas of the state.
450 (b) At least 50% of the money in the fund shall be distributed as loans to be repaid to
451 the fund by the entity receiving them.
452 (i) (A) Of the fund money distributed as loans, at least 50% shall be distributed to
453 benefit persons whose annual income is at or below 50% of the median family income for the
454 state.
455 (B) The remaining loan money shall be distributed to benefit persons whose annual
456 income is at or below 80% of the median family income for the state.
457 (ii) The executive director or the executive director's designee shall lend money in
458 accordance with this Subsection (4) at a rate based upon the borrower's ability to pay.
459 (c) Any fund money not distributed as loans shall be distributed as grants.
460 (i) At least 90% of the fund money distributed as grants shall be distributed to benefit
461 persons whose annual income is at or below 50% of the median family income for the state.
462 (ii) The remaining fund money distributed as grants may be used by the executive
463 director to obtain federal matching funds or for other uses consistent with the intent of this part,
464 including the payment of reasonable loan servicing costs, but no more than 3% of the revenues
465 of the fund may be used to offset other department or board administrative expenses.
466 (5) The executive director may with the approval of the board:
467 (a) enact rules to establish procedures for the grant and loan process by following the
468 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
469 and
470 (b) service or contract, pursuant to Title 63G, Chapter [
471 for the servicing of loans made by the fund.
472 Section 4. Section 9-4-906 is amended to read:
473 9-4-906. Relation to certain acts.
474 (1) The corporation is exempt from:
475 (a) Title 51, Chapter 5, Funds Consolidation Act;
476 (b) Title 51, Chapter 7, State Money Management Act;
477 (c) Title 63A, Utah Administrative Services Code; [
478 (d) Title 63G, Chapter [
479 (e) Title 63J, Chapter 1, Budgetary Procedures Act;
480 (f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
481 (g) Title 67, Chapter 19, Utah State Personnel Management Act.
482 (2) The corporation shall comply with:
483 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
484 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
485 Section 5. Section 9-4-1602 is amended to read:
486 9-4-1602. Distribution of fund money.
487 (1) (a) The director shall make loans and loan guarantees from the fund for the Small
488 Business Credit Initiative created under the federal government's Small Business Jobs Act of
489 2010, to use federal money for programs that leverage private lending to help finance small
490 businesses and manufacturers that are creditworthy but not receiving the loans needed to
491 expand and create jobs.
492 (b) In making loans and loan guarantees under this part, the director shall give due
493 consideration to small businesses in underserved communities throughout the state that have
494 been deeply impacted by recession and not seen a comparable resurgence in their economies.
495 (2) The director shall distribute any federal money in the fund according to the
496 procedures, conditions, and restrictions placed upon the use of the money by the federal
497 government.
498 (3) The director may, with the approval of the executive director of the department:
499 (a) enact rules to establish procedures for the loan and loan guarantee process by
500 following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
501 Rulemaking Act; and
502 (b) service or contract, under Title 63G, Chapter [
503 the servicing of loans made by the fund.
504 Section 6. Section 10-3-1304 is amended to read:
505 10-3-1304. Use of office for personal benefit prohibited.
506 (1) As used in this section, "economic benefit tantamount to a gift" includes:
507 (a) a loan at an interest rate that is substantially lower than the commercial rate then
508 currently prevalent for similar loans; and
509 (b) compensation received for private services rendered at a rate substantially
510 exceeding the fair market value of the services.
511 (2) It is an offense for an elected or appointed officer or municipal employee, under
512 circumstances not amounting to a violation of Section [
513 to:
514 (a) disclose or improperly use private, controlled, or protected information acquired by
515 reason of the officer's or employee's official position or in the course of official duties in order
516 to further substantially the officer's or employee's personal economic interest or to secure
517 special privileges or exemptions for the officer or employee or for others;
518 (b) use or attempt to use the officer's or employee's official position to:
519 (i) further substantially the officer's or employee's personal economic interest; or
520 (ii) secure special privileges for the officer or employee or for others; or
521 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer
522 or employee or for another, a gift of substantial value or a substantial economic benefit
523 tantamount to a gift that:
524 (i) would tend improperly to influence a reasonable person in the person's position to
525 depart from the faithful and impartial discharge of the person's public duties; or
526 (ii) the person knows or that a reasonable person in that position should know under
527 the circumstances is primarily for the purpose of rewarding the person for official action taken.
528 (3) Subsection (2)(c) does not apply to:
529 (a) an occasional nonpecuniary gift having a value of less than $50;
530 (b) an award publicly presented in recognition of public services;
531 (c) any bona fide loan made in the ordinary course of business; or
532 (d) a political campaign contribution.
533 Section 7. Section 10-3-1305 is amended to read:
534 10-3-1305. Compensation for assistance in transaction involving municipality --
535 Public disclosure and filing required.
536 (1) As used in this section, "municipal body" means any public board, commission,
537 committee, or other public group organized to make public policy decisions or to advise
538 persons who make public policy decisions.
539 (2) It is an offense for an elected officer, or appointed officer, who is a member of a
540 public body, under circumstances not amounting to a violation of Section [
541 63G-6a-2304 or 76-8-105 , to receive or agree to receive compensation for assisting any person
542 or business entity in any transaction involving the municipality in which the member is an
543 officer unless the member:
544 (a) files with the mayor a sworn statement giving the information required by this
545 section; and
546 (b) discloses the information required by Subsection (5) in an open meeting to the
547 members of the body of which the officer is a member immediately before the discussion.
548 (3) It is an offense for an appointed officer who is not a member of a public body or a
549 municipal employee to receive or agree to receive compensation for assisting any person or
550 business entity in any transaction involving the municipality by which the person is employed
551 unless the officer or employee:
552 (a) files with the mayor a sworn statement giving the information required by this
553 section; and
554 (b) discloses the information required by Subsection (5) to:
555 (i) the officer or employee's immediate supervisor; and
556 (ii) any other municipal officer or employee who may rely upon the employee's
557 representations in evaluating or approving the transaction.
558 (4) (a) The officer or employee shall file the statement required to be filed by this
559 section 10 days before the date of any agreement between the elected or appointed officer or
560 municipal employee and the person or business entity being assisted or 10 days before the
561 receipt of compensation by the officer or employee, whichever is earlier.
562 (b) The statement is public information and shall be available for examination by the
563 public.
564 (5) The statement and disclosure shall contain:
565 (a) the name and address of the officer or municipal employee;
566 (b) the name and address of the person or business entity being or to be assisted or in
567 which the appointed or elected official or municipal employee has a substantial interest; and
568 (c) a brief description of the transaction as to which service is rendered or is to be
569 rendered and of the nature of the service performed or to be performed.
570 Section 8. Section 10-7-86 is amended to read:
571 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of
572 professional architect, engineer, or surveyor.
573 (1) The governing body of any municipality may adopt any or all of the provisions of
574 Title 63G, Chapter [
575 code.
576 (2) Notwithstanding Subsection (1), the governing body of each municipality that
577 engages the services of a professional architect, engineer, or surveyor and considers more than
578 one such professional for the engagement:
579 (a) shall consider, as a minimum, in the selection process:
580 (i) the qualifications, experience, and background of each firm submitting a proposal;
581 (ii) the specific individuals assigned to the project and the time commitments of each
582 to the project; and
583 (iii) the project schedule and the approach to the project that the firm will take; and
584 (b) may engage the services of a professional architect, engineer, or surveyor based on
585 the criteria under Subsection (2)(a) rather than solely on lowest cost.
586 Section 9. Section 11-17-20 is amended to read:
587 11-17-20. Power of the State Charter School Finance Authority.
588 (1) The State Charter School Finance Authority may exercise the powers granted to
589 municipalities and counties by this chapter, subject to the same limitations as that imposed on a
590 municipality or county under the chapter, except as provided by Title 53A, Chapter 20b, State
591 Charter School Finance Authority Act.
592 (2) As used in this chapter, "governing body" when applied to the State Charter School
593 Finance Authority means the authority's governing board as described in Section 53A-20b-103 .
594 (3) Notwithstanding Section 11-17-15 , a charter school that receives financing under
595 this chapter is subject to Title 63G, Chapter [
596 Section 10. Section 11-39-101 is amended to read:
597 11-39-101. Definitions.
598 As used in this chapter:
599 (1) "Bid limit" means:
600 (a) for a building improvement:
601 (i) for the year 2003, $40,000; and
602 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
603 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
604 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
605 year; and
606 (b) for a public works project:
607 (i) for the year 2003, $125,000; and
608 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
609 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
610 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
611 year.
612 (2) "Building improvement":
613 (a) means the construction or repair of a public building or structure; and
614 (b) does not include construction or repair at an international airport.
615 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
616 Consumers as published by the Bureau of Labor Statistics of the United States Department of
617 Labor.
618 (4) "Design-build project":
619 (a) means a building improvement or public works project costing over $250,000 with
620 respect to which both the design and construction are provided for in a single contract with a
621 contractor or combination of contractors capable of providing design-build services; and
622 (b) does not include a building improvement or public works project:
623 (i) that is undertaken by a local entity under contract with a construction manager that
624 guarantees the contract price and is at risk for any amount over the contract price; and
625 (ii) each component of which is competitively bid.
626 (5) "Design-build services" means the engineering, architectural, and other services
627 necessary to formulate and implement a design-build project, including its actual construction.
628 (6) "Emergency repairs" means a building improvement or public works project
629 undertaken on an expedited basis to:
630 (a) eliminate an imminent risk of damage to or loss of public or private property;
631 (b) remedy a condition that poses an immediate physical danger; or
632 (c) reduce a substantial, imminent risk of interruption of an essential public service.
633 (7) "Governing body" means:
634 (a) for a county, city, or town, the legislative body of the county, city, or town;
635 (b) for a local district, the board of trustees of the local district; and
636 (c) for a special service district:
637 (i) the legislative body of the county, city, or town that established the special service
638 district, if no administrative control board has been appointed under Section 17D-1-301 ; or
639 (ii) the administrative control board of the special service district, if an administrative
640 control board has been appointed under Section 17D-1-301 .
641 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
642 (9) "Local entity" means a county, city, town, local district, or special service district.
643 (10) "Lowest responsive responsible bidder" means a prime contractor who:
644 (a) has submitted a bid in compliance with the invitation to bid and within the
645 requirements of the plans and specifications for the building improvement or public works
646 project;
647 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
648 strength, past performance, integrity, reliability, and other factors that the local entity uses to
649 assess the ability of a bidder to perform fully and in good faith the contract requirements;
650 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
651 prime contract; and
652 (d) furnishes a payment and performance bond as required by law.
653 (11) "Procurement code" means the provisions of Title 63G, Chapter [
654 Procurement Code.
655 (12) "Public works project":
656 (a) means the construction of:
657 (i) a park or recreational facility; or
658 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
659 flood control; and
660 (b) does not include:
661 (i) the replacement or repair of existing infrastructure on private property;
662 (ii) construction commenced before June 1, 2003; and
663 (iii) construction or repair at an international airport.
664 (13) "Special service district" has the same meaning as defined in Section 17D-1-102 .
665 Section 11. Section 11-39-107 is amended to read:
666 11-39-107. Procurement code.
667 (1) This chapter may not be construed to:
668 (a) prohibit a county or municipal legislative body from adopting the procedures of the
669 procurement code; or
670 (b) limit the application of the procurement code to a local district or special service
671 district.
672 (2) A local entity may adopt procedures for the following construction contracting
673 methods:
674 (a) construction manager/general contractor, as defined in Section [
675 63G-6a-103 ; or
676 (b) a method that requires that the local entity draft a plan, specifications, and an
677 estimate for the building improvement or public works project.
678 (3) For a public works project only and that costs $10,000,000 or more, the following
679 may enter into a contract for design-build, as defined in Section [
680 adopt the procedures and follow the provisions of the procurement code for the procurement of
681 and as the procedures and provisions relate to a design-build:
682 (a) a city of the first class;
683 (b) a local district; or
684 (c) a special service district.
685 (4) (a) In seeking bids and awarding a contract for a building improvement or public
686 works project, a county or a municipal legislative body may elect to follow the provisions of
687 the procurement code, as the county or municipal legislative body considers appropriate under
688 the circumstances, for specification preparation, source selection, or contract formation.
689 (b) A county or municipal legislative body's election to adopt the procedures of the
690 procurement code may not excuse the county or municipality, respectively, from complying
691 with the requirements to award a contract for work in excess of the bid limit and to publish
692 notice of the intent to award.
693 (c) An election under Subsection (4)(a) may be made on a case-by-case basis, unless
694 the county or municipality has previously adopted [
695
696 (d) The county or municipal legislative body shall:
697 (i) make each election under Subsection (4)(a) in an open meeting; and
698 (ii) specify in its action the portions of the procurement code to be followed.
699 (5) If the estimated cost of the building improvement or public works project proposed
700 by a local district or special service district exceeds the bid limit, the governing body of the
701 local district or special service district may, if it determines to proceed with the building
702 improvement or public works project, use the competitive procurement procedures of the
703 procurement code in place of the comparable provisions of this chapter.
704 Section 12. Section 11-44-202 is amended to read:
705 11-44-202. Types of agreements.
706 Notwithstanding Section [
707 structure an energy service agreement as a guaranteed energy savings performance contract,
708 which shall include:
709 (1) the design and installation of an energy efficiency measure, if applicable;
710 (2) operation and maintenance of any energy efficiency measure implemented; and
711 (3) guaranteed annual cost savings that meet or exceed the total annual contract
712 payments by the political subdivision under the contract, including financing charges incurred
713 by the political subdivision over the life of the contract.
714 Section 13. Section 11-44-301 is amended to read:
715 11-44-301. Selection.
716 (1) A political subdivision shall follow the procedures outlined in Title 63G, Chapter
717 [
718 (2) The Division of Purchasing shall maintain a list of qualified energy service
719 providers.
720 (3) The qualified energy service provider selected from the bid process shall prepare an
721 investment grade energy audit, which shall become part of the final contract between the
722 political subdivision and the qualified energy service provider.
723 (4) The audit shall include:
724 (a) a detailed description of the energy efficiency measure;
725 (b) an estimated cost; and
726 (c) a projected cost savings.
727 Section 14. Section 13-2-9 is amended to read:
728 13-2-9. Internet -- Consumer education.
729 (1) The Division of Consumer Protection shall, subject to appropriation, contract with
730 a person to make public service announcements advising consumers about the dangers of using
731 the Internet, especially:
732 (a) material harmful to minors;
733 (b) steps a consumer may take to learn more about the dangers of using the Internet;
734 (c) information about how a service provider can help a consumer learn more about the
735 dangers of using the Internet, including the service provider's duties created by this bill; and
736 (d) how a consumer can monitor the Internet usage of family members.
737 (2) Money appropriated under Subsection (1) shall be paid by the Division of
738 Consumer Protection to a person only if:
739 (a) the person is a nonprofit organization; and
740 (b) the person agrees to spend private money amounting to two times the amount of
741 money provided by the Division of Consumer Protection during each fiscal year in accordance
742 with Subsection (1).
743 (3) In administering any money appropriated for use under this section, the Division of
744 Consumer Protection shall comply with Title 63G, Chapter [
745 Section 15. Section 14-1-18 is amended to read:
746 14-1-18. Definitions -- Application of Procurement Code to payment and
747 performance bonds.
748 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
749 town, school district, local district, special service district, community development and
750 renewal agency, public corporation, institution of higher education of the state, public agency
751 of any political subdivision, and, to the extent provided by law, any other entity which expends
752 public funds for construction.
753 (b) For purposes of applying Section [
754 subdivision, "state" includes "political subdivision."
755 (2) [
756 Procurement Code, to the contrary, Section 63G-6a-1103 applies to all contracts for the
757 construction, alteration, or repair of any public building or public work of the state or a
758 political subdivision of the state.
759 Section 16. Section 17-16a-4 is amended to read:
760 17-16a-4. Prohibited use of official position -- Exception.
761 (1) Except as provided in Subsection (3), it is an offense for an elected or appointed
762 officer, under circumstances not amounting to a violation of Section [
763 63G-6a-2304 or 76-8-105 , to:
764 (a) disclose confidential information acquired by reason of the officer's official position
765 or use that information to secure special privileges or exemptions for himself or others;
766 (b) use or attempt to use the officer's official position to secure special privileges for
767 the officer or for others; or
768 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
769 loan for the officer or for another, if the gift or loan tends to influence the officer in the
770 discharge of the officer's official duties.
771 (2) This section is inapplicable to:
772 (a) an occasional nonpecuniary gift having a value of less than $50;
773 (b) an award publicly presented;
774 (c) any bona fide loan made in the ordinary course of business; or
775 (d) political campaign contributions actually used in a political campaign.
776 (3) A member of a county legislative body who is also a member of the governing
777 board of a provider of mental health or substance abuse services under contract with the county
778 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
779 duties and responsibilities of each position, if the county legislative body member does not
780 participate in the process of selecting the mental health or substance abuse service provider.
781 Section 17. Section 17-43-202 is amended to read:
782 17-43-202. Local substance abuse authorities -- Requirements prior to
783 distributing public funds.
784 (1) Each local substance abuse authority shall award all public funds in compliance
785 with:
786 (a) the requirements of Title 63G, Chapter [
787 (b) a county procurement ordinance that requires similar procurement practices.
788 (2) If all initial bids on the project are rejected, the authority shall publish a new
789 invitation to bid. If no satisfactory bid is received by the authority when the bids received from
790 the second invitation are opened, the authority may execute a contract without requiring
791 competitive bidding.
792 (3) A local substance abuse authority need not comply with the procurement provisions
793 of this section when it disburses public funds to another political subdivision of the state or an
794 institution of higher education of the state.
795 (4) Each contract awarded by a local substance abuse authority shall be for a fixed
796 amount and limited period. A contract may be modified due to changes in available funding
797 for the same contract purpose without competition.
798 Section 18. Section 17-43-302 is amended to read:
799 17-43-302. Local mental health authorities -- Requirements prior to distributing
800 public funds.
801 (1) Each local mental health authority shall award all public funds by complying with
802 the requirements of Title 63G, Chapter [
803 county procurement ordinance which requires similar procurement practices.
804 (2) If all initial bids on the project are rejected, the authority shall publish a new
805 invitation to bid in the manner specified in this section. If no satisfactory bid is received by the
806 authority when the bids received from the second invitation are opened, the authority may
807 execute a contract without requiring competitive bidding.
808 (3) The local mental health authority need not comply with the procurement provisions
809 of this section when it disburses public funds to another political subdivision of the state or an
810 institution of higher education of the state.
811 (4) Each contract awarded by a local mental health authority shall be for a fixed
812 amount and limited period. A contract may be modified due to changes in available funding
813 for the same contract purpose without competition.
814 Section 19. Section 17-53-225 is amended to read:
815 17-53-225. County legislative body may adopt Utah Procurement Code --
816 Retention of records.
817 (1) A county legislative body may adopt any or all of the provisions of Title 63G,
818 Chapter [
819 (2) Whenever any county is required by law to receive bids for purchases, construction,
820 repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file
821 all bids received, together with proof of advertisement by publication or otherwise, for:
822 (a) at least three years following the letting of any contract pursuant to those bids; or
823 (b) three years following the first advertisement for the bids, if all bids pursuant to that
824 advertisement are rejected.
825 Section 20. Section 17-53-313 is amended to read:
826 17-53-313. Hiring of professional architect, engineer, or surveyor.
827 Notwithstanding the adoption of some or all of the provisions of Title 63G, Chapter [
828 6a, Utah Procurement Code, under Section 17-53-225 , each county executive that engages the
829 services of a professional architect, engineer, or surveyor and considers more than one such
830 professional for the engagement:
831 (1) shall consider, as a minimum, in the selection process:
832 (a) the qualifications, experience, and background of each firm submitting a proposal;
833 (b) the specific individuals assigned to the project and the time commitments of each to
834 the project; and
835 (c) the project schedule and the approach to the project that the firm will take; and
836 (2) may engage the services of a professional architect, engineer, or surveyor based on
837 the criteria under Subsection (1) rather than solely on lowest cost.
838 Section 21. Section 17B-1-108 is amended to read:
839 17B-1-108. Restrictions on local district procurement of architect-engineer
840 services.
841 (1) As used in this section:
842 (a) "Architect-engineer services" means those professional services within the scope of
843 the practice of architecture as defined in Section 58-3a-102 .
844 (b) "Engineer services" means those professional services within the scope of the
845 practice of professional engineering as defined in Section 58-22-102 .
846 (2) When a local district elects to obtain architect services or engineering services by
847 using a competitive procurement process and has provided public notice of its competitive
848 procurement process:
849 (a) a higher education entity, or any part of one, may not submit a proposal in response
850 to the local district's competitive procurement process; and
851 (b) the local district may not award a contract to perform the architect services or
852 engineering services solicited in the competitive procurement process to a higher education
853 entity or any part of one.
854 (3) Notwithstanding Subsection [
855 board that engages the services of a professional architect, engineer, or surveyor and considers
856 more than one such professional for the engagement:
857 (a) shall consider, as a minimum, in the selection process:
858 (i) the qualifications, experience, and background of each firm submitting a proposal;
859 (ii) the specific individuals assigned to the project and the time commitments of each
860 to the project; and
861 (iii) the project schedule and the approach to the project that the firm will take; and
862 (b) may engage the services of a professional architect, engineer, or surveyor based on
863 the criteria under Subsection (3)(a) rather than solely on lowest cost.
864 Section 22. Section 17B-2a-818 is amended to read:
865 17B-2a-818. Requirements applicable to public transit district contracts.
866 (1) A public transit district shall comply with the applicable provisions of Title 63G,
867 Chapter [
868 (2) If construction of a district facility or work exceeds $750,000, the construction shall
869 be let as provided in:
870 (a) Title 63G, Chapter [
871 (b) Section 17B-2a-818.5 .
872 Section 23. Section 17B-2a-818.5 is amended to read:
873 17B-2a-818.5. Contracting powers of public transit districts -- Health insurance
874 coverage.
875 (1) For purposes of this section:
876 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
877 34A-2-104 who:
878 (i) works at least 30 hours per calendar week; and
879 (ii) meets employer eligibility waiting requirements for health care insurance which
880 may not exceed the first day of the calendar month following 90 days from the date of hire.
881 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
882 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
883 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
884 (2) (a) Except as provided in Subsection (3), this section applies to a design or
885 construction contract entered into by the public transit district on or after July 1, 2009, and to a
886 prime contractor or to a subcontractor in accordance with Subsection (2)(b).
887 (b) (i) A prime contractor is subject to this section if the prime contract is in the
888 amount of $1,500,000 or greater.
889 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
890 $750,000 or greater.
891 (3) This section does not apply if:
892 (a) the application of this section jeopardizes the receipt of federal funds;
893 (b) the contract is a sole source contract; or
894 (c) the contract is an emergency procurement.
895 (4) (a) This section does not apply to a change order as defined in Section [
896 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
897 threshold required by Subsection (2).
898 (b) A person who intentionally uses change orders or contract modifications to
899 circumvent the requirements of Subsection (2) is guilty of an infraction.
900 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the public transit
901 district that the contractor has and will maintain an offer of qualified health insurance coverage
902 for the contractor's employees and the employee's dependents during the duration of the
903 contract.
904 (b) If a subcontractor of the contractor is subject to Subsection (2)(b), the contractor
905 shall demonstrate to the public transit district that the subcontractor has and will maintain an
906 offer of qualified health insurance coverage for the subcontractor's employees and the
907 employee's dependents during the duration of the contract.
908 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
909 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
910 the public transit district under Subsection (6).
911 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
912 requirements of Subsection (5)(b).
913 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
914 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
915 the public transit district under Subsection (6).
916 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
917 requirements of Subsection (5)(a).
918 (6) The public transit district shall adopt ordinances:
919 (a) in coordination with:
920 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
921 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
922 (iii) the State Building Board in accordance with Section 63A-5-205 ;
923 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ; and
924 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
925 (b) which establish:
926 (i) the requirements and procedures a contractor shall follow to demonstrate to the
927 public transit district compliance with this section which shall include:
928 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
929 (b) more than twice in any 12-month period; and
930 (B) that the actuarially equivalent determination required for the qualified health
931 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
932 department or division with a written statement of actuarial equivalency from either:
933 (I) the Utah Insurance Department;
934 (II) an actuary selected by the contractor or the contractor's insurer; or
935 (III) an underwriter who is responsible for developing the employer group's premium
936 rates;
937 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
938 violates the provisions of this section, which may include:
939 (A) a three-month suspension of the contractor or subcontractor from entering into
940 future contracts with the public transit district upon the first violation;
941 (B) a six-month suspension of the contractor or subcontractor from entering into future
942 contracts with the public transit district upon the second violation;
943 (C) an action for debarment of the contractor or subcontractor in accordance with
944 Section [
945 (D) monetary penalties which may not exceed 50% of the amount necessary to
946 purchase qualified health insurance coverage for employees and dependents of employees of
947 the contractor or subcontractor who were not offered qualified health insurance coverage
948 during the duration of the contract; and
949 (iii) a website on which the district shall post the benchmark for the qualified health
950 insurance coverage identified in Subsection (1)(c).
951 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
952 or subcontractor who intentionally violates the provisions of this section shall be liable to the
953 employee for health care costs that would have been covered by qualified health insurance
954 coverage.
955 (ii) An employer has an affirmative defense to a cause of action under Subsection
956 (7)(a)(i) if:
957 (A) the employer relied in good faith on a written statement of actuarial equivalency
958 provided by an:
959 (I) actuary; or
960 (II) underwriter who is responsible for developing the employer group's premium rates;
961 or
962 (B) a department or division determines that compliance with this section is not
963 required under the provisions of Subsection (3) or (4).
964 (b) An employee has a private right of action only against the employee's employer to
965 enforce the provisions of this Subsection (7).
966 (8) Any penalties imposed and collected under this section shall be deposited into the
967 Medicaid Restricted Account created in Section 26-18-402 .
968 (9) The failure of a contractor or subcontractor to provide qualified health insurance
969 coverage as required by this section:
970 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
971 or contractor under Section [
972 Chapter [
973 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
974 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
975 or construction.
976 Section 24. Section 17D-1-106 is amended to read:
977 17D-1-106. Special service districts subject to other provisions.
978 (1) A special service district is, to the same extent as if it were a local district, subject
979 to and governed by:
980 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , [
981 17B-1-112 , 17B-1-113 , 17B-1-116 , 17B-1-118 , 17B-1-119 , 17B-1-120 , and 17B-1-121 ;
982 (b) Subsections 17B-1-301 (3) and (4), Sections 17B-1-304 , 17B-1-305 , 17B-1-306 ,
983 17B-1-307 , 17B-1-310 , 17B-1-312 , 17B-1-313 , and 17B-1-314 ;
984 (c) Section 20A-1-512 ;
985 (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
986 (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
987 (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
988 (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
989 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
990 district, each reference in those provisions to the local district board of trustees means the
991 governing body.
992 Section 25. Section 17D-2-108 is amended to read:
993 17D-2-108. Other statutory provisions.
994 (1) This chapter is supplemental to existing laws relating to a local entity's acquisition,
995 use, maintenance, management, or operation of a project.
996 (2) Except as provided in this chapter, a local entity or local building authority that
997 complies with the provisions of this chapter need not comply with any other statutory provision
998 concerning the acquisition, construction, use, or maintenance of a project, including:
999 (a) a statute relating to public bidding; and
1000 (b) Title 63G, Chapter [
1001 (3) A local building authority is, to the same extent as if it were a local district, subject
1002 to and governed by:
1003 (a) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
1004 (b) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
1005 (c) Section 17B-1-108 .
1006 Section 26. Section 19-1-206 is amended to read:
1007 19-1-206. Contracting powers of department -- Health insurance coverage.
1008 (1) For purposes of this section:
1009 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
1010 34A-2-104 who:
1011 (i) works at least 30 hours per calendar week; and
1012 (ii) meets employer eligibility waiting requirements for health care insurance which
1013 may not exceed the first day of the calendar month following 90 days from the date of hire.
1014 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
1015 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
1016 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
1017 (2) (a) Except as provided in Subsection (3), this section applies to a design or
1018 construction contract entered into by or delegated to the department or a division or board of
1019 the department on or after July 1, 2009, and to a prime contractor or subcontractor in
1020 accordance with Subsection (2)(b).
1021 (b) (i) A prime contractor is subject to this section if the prime contract is in the
1022 amount of $1,500,000 or greater.
1023 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
1024 $750,000 or greater.
1025 (3) This section does not apply to contracts entered into by the department or a division
1026 or board of the department if:
1027 (a) the application of this section jeopardizes the receipt of federal funds;
1028 (b) the contract or agreement is between:
1029 (i) the department or a division or board of the department; and
1030 (ii) (A) another agency of the state;
1031 (B) the federal government;
1032 (C) another state;
1033 (D) an interstate agency;
1034 (E) a political subdivision of this state; or
1035 (F) a political subdivision of another state;
1036 (c) the executive director determines that applying the requirements of this section to a
1037 particular contract interferes with the effective response to an immediate health and safety
1038 threat from the environment; or
1039 (d) the contract is:
1040 (i) a sole source contract; or
1041 (ii) an emergency procurement.
1042 (4) (a) This section does not apply to a change order as defined in Section [
1043 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
1044 threshold required by Subsection (2).
1045 (b) A person who intentionally uses change orders or contract modifications to
1046 circumvent the requirements of Subsection (2) is guilty of an infraction.
1047 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the executive
1048 director that the contractor has and will maintain an offer of qualified health insurance
1049 coverage for the contractor's employees and the employees' dependents during the duration of
1050 the contract.
1051 (b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall
1052 demonstrate to the executive director that the subcontractor has and will maintain an offer of
1053 qualified health insurance coverage for the subcontractor's employees and the employees'
1054 dependents during the duration of the contract.
1055 (c) (i) (A) A contractor who fails to comply with Subsection (5)(a) during the duration
1056 of the contract is subject to penalties in accordance with administrative rules adopted by the
1057 department under Subsection (6).
1058 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
1059 requirements of Subsection (5)(b).
1060 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
1061 the duration of the contract is subject to penalties in accordance with administrative rules
1062 adopted by the department under Subsection (6).
1063 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
1064 requirements of Subsection (5)(a).
1065 (6) The department shall adopt administrative rules:
1066 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1067 (b) in coordination with:
1068 (i) a public transit district in accordance with Section 17B-2a-818.5 ;
1069 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
1070 (iii) the State Building Board in accordance with Section 63A-5-205 ;
1071 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
1072 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
1073 (vi) the Legislature's Administrative Rules Review Committee; and
1074 (c) which establish:
1075 (i) the requirements and procedures a contractor shall follow to demonstrate to the
1076 public transit district compliance with this section that shall include:
1077 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
1078 (b) more than twice in any 12-month period; and
1079 (B) that the actuarially equivalent determination required for the qualified health
1080 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
1081 department or division with a written statement of actuarial equivalency from either:
1082 (I) the Utah Insurance Department;
1083 (II) an actuary selected by the contractor or the contractor's insurer; or
1084 (III) an underwriter who is responsible for developing the employer group's premium
1085 rates;
1086 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
1087 violates the provisions of this section, which may include:
1088 (A) a three-month suspension of the contractor or subcontractor from entering into
1089 future contracts with the state upon the first violation;
1090 (B) a six-month suspension of the contractor or subcontractor from entering into future
1091 contracts with the state upon the second violation;
1092 (C) an action for debarment of the contractor or subcontractor in accordance with
1093 Section [
1094 (D) notwithstanding Section 19-1-303 , monetary penalties which may not exceed 50%
1095 of the amount necessary to purchase qualified health insurance coverage for an employee and
1096 the dependents of an employee of the contractor or subcontractor who was not offered qualified
1097 health insurance coverage during the duration of the contract; and
1098 (iii) a website on which the department shall post the benchmark for the qualified
1099 health insurance coverage identified in Subsection (1)(c).
1100 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c), a contractor or
1101 subcontractor who intentionally violates the provisions of this section shall be liable to the
1102 employee for health care costs that would have been covered by qualified health insurance
1103 coverage.
1104 (ii) An employer has an affirmative defense to a cause of action under Subsection
1105 (7)(a)(i) if:
1106 (A) the employer relied in good faith on a written statement of actuarial equivalency
1107 provided by:
1108 (I) an actuary; or
1109 (II) an underwriter who is responsible for developing the employer group's premium
1110 rates; or
1111 (B) the department determines that compliance with this section is not required under
1112 the provisions of Subsection (3) or (4).
1113 (b) An employee has a private right of action only against the employee's employer to
1114 enforce the provisions of this Subsection (7).
1115 (8) Any penalties imposed and collected under this section shall be deposited into the
1116 Medicaid Restricted Account created in Section 26-18-402 .
1117 (9) The failure of a contractor or subcontractor to provide qualified health insurance
1118 coverage as required by this section:
1119 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
1120 or contractor under Section [
1121 Chapter [
1122 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
1123 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
1124 or construction.
1125 Section 27. Section 20A-11-701 is amended to read:
1126 20A-11-701. Campaign financial reporting by corporations -- Filing requirements
1127 -- Statement contents.
1128 (1) (a) Each corporation that has made expenditures for political purposes that total at
1129 least $750 during a calendar year shall file a verified financial statement with the lieutenant
1130 governor's office:
1131 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1132 (ii) seven days before the regular primary election date;
1133 (iii) on August 31; and
1134 (iv) seven days before the regular general election date.
1135 (b) The corporation shall report:
1136 (i) a detailed listing of all expenditures made since the last statement;
1137 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1138 expenditures as of five days before the required filing date of the financial statement; and
1139 (iii) whether the corporation, including an officer of the corporation, director of the
1140 corporation, or person with at least 10% ownership in the corporation:
1141 (A) has bid since the last financial statement on a contract, as defined in Section
1142 [
1143 (B) is currently bidding on a contract, as defined in Section [
1144 in excess of $100,000; or
1145 (C) is a party to a contract, as defined in Section [
1146 $100,000.
1147 (c) The corporation need not file a financial statement under this section if the
1148 corporation made no expenditures during the reporting period.
1149 (2) The financial statement shall include:
1150 (a) the name and address of each reporting entity that received an expenditure from the
1151 corporation, and the amount of each expenditure;
1152 (b) the total amount of expenditures disbursed by the corporation; and
1153 (c) a statement by the corporation's treasurer or chief financial officer certifying the
1154 accuracy of the financial statement.
1155 Section 28. Section 26-8a-405.3 is amended to read:
1156 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1157 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
1158 Section 26-8a-405.2 , or for non-911 services under Section 26-8a-405.4 , shall be solicited
1159 through a request for proposal and the provisions of this section.
1160 (b) The governing body of the political subdivision shall approve the request for
1161 proposal prior to the notice of the request for proposals under Subsection (1)(c).
1162 (c) (i) Notice of the request for proposals shall be published:
1163 (A) at least once a week for three consecutive weeks in a newspaper of general
1164 circulation published in the county; or
1165 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1166 least five public places in the county; and
1167 (ii) in accordance with Section 45-1-101 for at least 20 days.
1168 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1169 offerors during the process of negotiations.
1170 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1171 political subdivision shall hold a presubmission conference with interested applicants for the
1172 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
1173 (ii) A political subdivision shall allow at least 90 days from the presubmission
1174 conference for the proposers to submit proposals.
1175 (c) Subsequent to the presubmission conference, the political subdivision may issue
1176 addenda to the request for proposals. An addenda to a request for proposal shall be finalized
1177 and posted by the political subdivision at least 45 days before the day on which the proposal
1178 must be submitted.
1179 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1180 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1181 permitted after submission and before a contract is awarded for the purpose of obtaining best
1182 and final offers.
1183 (e) In conducting discussions, there shall be no disclosures of any information derived
1184 from proposals submitted by competing offerors.
1185 (3) (a) (i) A political subdivision may select an applicant approved by the department
1186 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
1187 most responsible offeror as defined in [
1188 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1189 proposal is determined in writing to be the most advantageous to the political subdivision,
1190 taking into consideration price and the evaluation factors set forth in the request for proposal.
1191 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1192 under this section may be the political subdivision issuing the request for competitive sealed
1193 proposals, or any other public entity or entities, any private person or entity, or any
1194 combination thereof.
1195 (c) A political subdivision may reject all of the competitive proposals.
1196 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1197 a political subdivision:
1198 (a) shall apply the public convenience and necessity factors listed in Subsections
1199 26-8a-408 (2) through (6);
1200 (b) shall require the applicant responding to the proposal to disclose how the applicant
1201 will meet performance standards in the request for proposal;
1202 (c) may not require or restrict an applicant to a certain method of meeting the
1203 performance standards, including:
1204 (i) requiring ambulance medical personnel to also be a firefighter; or
1205 (ii) mandating that offerors use fire stations or dispatch services of the political
1206 subdivision;
1207 (d) shall require an applicant to submit the proposal:
1208 (i) based on full cost accounting in accordance with generally accepted accounting
1209 principals; and
1210 (ii) if the applicant is a governmental entity, in addition to the requirements of
1211 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1212 in compliance with the State of Utah Legal Compliance Audit Guide; and
1213 (e) shall set forth in the request for proposal:
1214 (i) the method for determining full cost accounting in accordance with generally
1215 accepted accounting principles, and require an applicant to submit the proposal based on such
1216 full cost accounting principles;
1217 (ii) guidelines established to further competition and provider accountability; and
1218 (iii) a list of the factors that will be considered by the political subdivision in the award
1219 of the contract, including by percentage, the relative weight of the factors established under this
1220 Subsection (4)(e), which may include such things as:
1221 (A) response times;
1222 (B) staging locations;
1223 (C) experience;
1224 (D) quality of care; and
1225 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1226 (5) (a) Notwithstanding [
1227 of Title 63G, Chapter 6a, Utah Procurement Code, to the contrary, the provisions of Title 63G,
1228 Chapter [
1229 procurement process required by this section, except as provided in Subsection (5)(c).
1230 (b) [
1231 as defined in Section 63G-6a-103 , shall have jurisdiction to review and determine an appeal of
1232 an offeror under this section in the same manner as provided in Section [
1233 63G-6a-1703 .
1234 (c) (i) An offeror may appeal the solicitation or award as provided by the political
1235 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
1236 may appeal under the provisions of Subsections (5)(a) and (b).
1237 (ii) The factual determination required by Subsection [
1238 shall be based on whether the solicitation or award was made in accordance with the
1239 procedures set forth in this section and Section 26-8a-405.2 .
1240 (d) The determination of an issue of fact by the appeals board shall be final and
1241 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
1242 [
1243 Section 29. Section 26-8a-405.5 is amended to read:
1244 26-8a-405.5. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1245 (1) (a) The department shall issue a request for proposal for non-911 services in a
1246 geographic service area if the department receives a request from a political subdivision under
1247 Subsection 26-8a-405.4 (3)(a)(ii)(B) to issue a request for proposal for non-911 services.
1248 (b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be
1249 solicited through a request for proposal and the provisions of this section.
1250 (c) (i) Notice of the request for proposals shall be published:
1251 (A) at least once a week for three consecutive weeks in a newspaper of general
1252 circulation published in the county; or
1253 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1254 least five public places in the county; and
1255 (ii) in accordance with Section 45-1-101 for at least 20 days.
1256 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1257 offerors during the process of negotiations.
1258 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1259 department shall hold a presubmission conference with interested applicants for the purpose of
1260 assuring full understanding of, and responsiveness to, solicitation requirements.
1261 (ii) The department shall allow at least 90 days from the presubmission conference for
1262 the proposers to submit proposals.
1263 (c) Subsequent to the presubmission conference, the department may issue addenda to
1264 the request for proposals. An addenda to a request for proposal shall be finalized and posted by
1265 the department at least 45 days before the day on which the proposal must be submitted.
1266 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1267 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1268 permitted after submission and before a contract is awarded for the purpose of obtaining best
1269 and final offers.
1270 (e) In conducting discussions, there shall be no disclosures of any information derived
1271 from proposals submitted by competing offerors.
1272 (3) (a) (i) The department may select an applicant approved by the department under
1273 Section 26-8a-404 to provide non-911 services by contract to the most responsible offeror as
1274 defined in [
1275 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1276 proposal is determined in writing to be the most advantageous to the public, taking into
1277 consideration price and the evaluation factors set forth in the request for proposal.
1278 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1279 under this section may be the political subdivision responding to the request for competitive
1280 sealed proposals, or any other public entity or entities, any private person or entity, or any
1281 combination thereof.
1282 (c) The department may reject all of the competitive proposals.
1283 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1284 the department:
1285 (a) shall consider the public convenience and necessity factors listed in Subsections
1286 26-8a-408 (2) through (6);
1287 (b) shall require the applicant responding to the proposal to disclose how the applicant
1288 will meet performance standards in the request for proposal;
1289 (c) may not require or restrict an applicant to a certain method of meeting the
1290 performance standards, including:
1291 (i) requiring ambulance medical personnel to also be a firefighter; or
1292 (ii) mandating that offerors use fire stations or dispatch services of the political
1293 subdivision;
1294 (d) shall require an applicant to submit the proposal:
1295 (i) based on full cost accounting in accordance with generally accepted accounting
1296 principals; and
1297 (ii) if the applicant is a governmental entity, in addition to the requirements of
1298 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1299 in compliance with the State of Utah Legal Compliance Audit Guide; and
1300 (e) shall set forth in the request for proposal:
1301 (i) the method for determining full cost accounting in accordance with generally
1302 accepted accounting principles, and require an applicant to submit the proposal based on such
1303 full cost accounting principles;
1304 (ii) guidelines established to further competition and provider accountability; and
1305 (iii) a list of the factors that will be considered by the department in the award of the
1306 contract, including by percentage, the relative weight of the factors established under this
1307 Subsection (4)(e), which may include such things as:
1308 (A) response times;
1309 (B) staging locations;
1310 (C) experience;
1311 (D) quality of care; and
1312 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1313 (5) A license issued under this section:
1314 (a) is for the exclusive geographic service area approved by the department;
1315 (b) is valid for four years;
1316 (c) is not subject to a request for license from another applicant under the provisions of
1317 Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license
1318 is revoked under Section 26-8a-504 ;
1319 (d) is subject to supervision by the department under Sections 26-8a-503 and
1320 26-8a-504 ; and
1321 (e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections
1322 26-8a-406 through 26-8a-409 .
1323 Section 30. Section 26-10-8 is amended to read:
1324 26-10-8. Request for proposal required for non-state supplied services.
1325 (1) Funds provided to the department through Sections 51-9-201 and 59-14-204 to be
1326 used to provide services, shall be awarded to non-governmental entities based on a competitive
1327 process consistent with Title 63G, Chapter [
1328 (2) Beginning July 1, 2010, and not more than every five years thereafter, the
1329 department shall issue requests for proposals for new or renewing contracts to award funding
1330 for programs under Subsection (1).
1331 Section 31. Section 26-10b-102 is amended to read:
1332 26-10b-102. Department to award grants and contracts -- Applications.
1333 (1) (a) Within appropriations specified by the Legislature for this purpose, the
1334 department may make grants to public and nonprofit entities for the cost of operation of
1335 providing primary health care services to medically underserved populations.
1336 (b) The department may, as funding permits, contract with community based
1337 organizations for the purpose of developing culturally and linguistically appropriate programs
1338 and services for low income and medically underserved populations through a pilot program to
1339 accomplish one or more of the following:
1340 (i) to educate individuals:
1341 (A) to use private and public health care coverage programs, products, services, and
1342 resources in a timely, effective, and responsible manner;
1343 (B) to make prudent use of private and public health care resources;
1344 (C) to pursue preventive health care, health screenings, and disease management; and
1345 (D) to locate health care programs and services;
1346 (ii) to assist individuals to develop:
1347 (A) personal health management;
1348 (B) self-sufficiency in daily care; and
1349 (C) life and disease management skills;
1350 (iii) to support translation of health materials and information;
1351 (iv) to facilitate an individual's access to primary care services and providers, including
1352 mental health services; and
1353 (v) to measure and report empirical results of the pilot project.
1354 (2) (a) Grants by the department shall be awarded based on:
1355 (i) applications submitted to the department in the manner and form prescribed by the
1356 department; and
1357 (ii) the criteria established in Section 26-10b-103 .
1358 (b) The application for a grant under Subsection (2)(a) shall contain:
1359 (i) a requested award amount;
1360 (ii) a budget; and
1361 (iii) a narrative plan of the manner in which the applicant intends to provide the
1362 primary health care services described in Subsection 26-10b-101 (7).
1363 (c) A contract bid for a service under Subsection (1)(b):
1364 (i) shall be awarded in accordance with Title 63G, Chapter [
1365 Code;
1366 (ii) shall include the information described in Section 26-10b-103 ; and
1367 (iii) is subject to Subsection (3) [
1368 (3) (a) An applicant under this chapter shall demonstrate to the department that the
1369 applicant will not deny services to a person because of the person's inability to pay for the
1370 services.
1371 (b) Subsection (3)(a) does not preclude an applicant from seeking payment from the
1372 person receiving services, a third party, or a government agency if:
1373 (i) the applicant is authorized to charge for the services; and
1374 (ii) the person, third party, or government agency is under legal obligation to pay the
1375 charges.
1376 (4) The department shall maximize the use of federal matching funds received for
1377 services under Subsection (1)(b) to fund additional contracts under Subsection (1)(b).
1378 Section 32. Section 26-18-2.6 is amended to read:
1379 26-18-2.6. Dental benefits.
1380 (1) (a) The division shall establish a competitive bid process to bid out Medicaid dental
1381 benefits under this chapter.
1382 (b) The division may bid out the Medicaid dental benefits separately from other
1383 program benefits.
1384 (2) The division shall use the following criteria to evaluate dental bids:
1385 (a) ability to manage dental expenses;
1386 (b) proven ability to handle dental insurance;
1387 (c) efficiency of claim paying procedures;
1388 (d) provider contracting, discounts, and adequacy of network; and
1389 (e) other criteria established by the department.
1390 (3) The division shall request bids for the program's benefits:
1391 (a) in 2011; and
1392 (b) at least once every five years thereafter.
1393 (4) The division's contract with dental plans for the program's benefits shall include
1394 risk sharing provisions in which the dental plan must accept 100% of the risk for any difference
1395 between the division's premium payments per client and actual dental expenditures.
1396 (5) The division may not award contracts to:
1397 (a) more than three responsive bidders under this section; or
1398 (b) an insurer that does not have a current license in the state.
1399 (6) (a) The division may cancel the request for proposals if:
1400 (i) there are no responsive bidders; or
1401 (ii) the division determines that accepting the bids would increase the program's costs.
1402 (b) If the division cancels the request for proposals under Subsection (6)(a), the
1403 division shall report to the Health and Human Services Committee regarding the reasons for
1404 the decision.
1405 (7) Title 63G, Chapter [
1406 Section 33. Section 26-40-110 is amended to read:
1407 26-40-110. Managed care -- Contracting for services.
1408 (1) Program benefits provided to enrollees under the program, as described in Section
1409 26-40-106 , shall be delivered in a managed care system if the department determines that
1410 adequate services are available where the enrollee lives or resides.
1411 (2) (a) The department shall use the following criteria to evaluate bids from health
1412 plans:
1413 (i) ability to manage medical expenses, including mental health costs;
1414 (ii) proven ability to handle accident and health insurance;
1415 (iii) efficiency of claim paying procedures;
1416 (iv) proven ability for managed care and quality assurance;
1417 (v) provider contracting and discounts;
1418 (vi) pharmacy benefit management;
1419 (vii) an estimate of total charges for administering the pool;
1420 (viii) ability to administer the pool in a cost-efficient manner;
1421 (ix) the ability to provide adequate providers and services in the state; and
1422 (x) other criteria established by the department.
1423 (b) The dental benefits required by Section 26-40-106 may be bid out separately from
1424 other program benefits.
1425 (c) Except for dental benefits, the department shall request bids for the program's
1426 benefits in 2008. The department shall request bids for the program's dental benefits in 2009.
1427 The department shall request bids for the program's benefits at least once every five years
1428 thereafter.
1429 (d) The department's contract with health plans for the program's benefits shall include
1430 risk sharing provisions in which the health plan shall accept at least 75% of the risk for any
1431 difference between the department's premium payments per client and actual medical
1432 expenditures.
1433 (3) The executive director shall report to and seek recommendations from the Health
1434 Advisory Council created in Section 26-1-7.5 :
1435 (a) if the division receives less than two bids or proposals under this section that are
1436 acceptable to the division or responsive to the bid; and
1437 (b) before awarding a contract to a managed care system.
1438 (4) (a) The department shall award contracts to responsive bidders if the department
1439 determines that a bid is acceptable and meets the criteria of Subsections (2)(a) and (d).
1440 (b) The department may contract with the Group Insurance Division within the Utah
1441 State Retirement Office to provide services under Subsection (1) if:
1442 (i) the executive director seeks the recommendation of the Health Advisory Council
1443 under Subsection (3); and
1444 (ii) the executive director determines that the bids were not acceptable to the
1445 department.
1446 (c) In accordance with Section 49-20-201 , a contract awarded under Subsection (4)(b)
1447 is not subject to the risk sharing required by Subsection (2)(d).
1448 (5) Title 63G, Chapter [
1449 Section 34. Section 30-3-11.3 is amended to read:
1450 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
1451 Curriculum -- Exceptions.
1452 (1) The Judicial Council shall approve and implement a mandatory course for
1453 divorcing parents in all judicial districts. The mandatory course is designed to educate and
1454 sensitize divorcing parties to their children's needs both during and after the divorce process.
1455 (2) The Judicial Council shall adopt rules to implement and administer this program.
1456 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
1457 mandatory course on their children's needs after filing a complaint for divorce and receiving a
1458 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
1459 may permit the divorce action to proceed.
1460 (4) The court may require unmarried parents to attend this educational course when
1461 those parents are involved in a visitation or custody proceeding before the court.
1462 (5) The mandatory course shall instruct both parties:
1463 (a) about divorce and its impacts on:
1464 (i) their child or children;
1465 (ii) their family relationship; and
1466 (iii) their financial responsibilities for their child or children; and
1467 (b) that domestic violence has a harmful effect on children and family relationships.
1468 (6) The Administrative Office of the Courts shall administer the course pursuant to
1469 Title 63G, Chapter [
1470 organize the program in each of Utah's judicial districts. The contracts shall provide for the
1471 recoupment of administrative expenses through the costs charged to individual parties,
1472 pursuant to Subsection (8).
1473 (7) A certificate of completion constitutes evidence to the court of course completion
1474 by the parties.
1475 (8) (a) Each party shall pay the costs of the course to the independent contractor
1476 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
1477 of the course fee paid by each participant, and deposited in the Children's Legal Defense
1478 Account, described in Section 51-9-408 .
1479 (b) Each party who is unable to pay the costs of the course may attend the course
1480 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
1481 impecuniosity filed in the district court. In those situations, the independent contractor shall be
1482 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
1483 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
1484 may be entered, the court shall make a final review and determination of impecuniosity and
1485 may order the payment of the costs if so determined.
1486 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1487 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
1488 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
1489 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
1490 effectiveness of the mandatory educational course. Progress reports shall be provided if
1491 requested by the Judiciary Interim Committee.
1492 Section 35. Section 30-3-11.4 is amended to read:
1493 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
1494 Curriculum -- Exceptions.
1495 (1) There is established a mandatory divorce orientation course for all parties with
1496 minor children who file a petition for temporary separation or for a divorce. A couple with no
1497 minor children are not required, but may choose to attend the course. The purpose of the
1498 course shall be to educate parties about the divorce process and reasonable alternatives.
1499 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
1500 filing a petition for divorce.
1501 (3) The respondent shall attend the divorce orientation course no more than 30 days
1502 after being served with a petition for divorce.
1503 (4) The clerk of the court shall provide notice to a petitioner of the requirement for the
1504 course, and information regarding the course shall be included with the petition or motion,
1505 when served on the respondent.
1506 (5) The divorce orientation course shall be neutral, unbiased, at least one hour in
1507 duration, and include:
1508 (a) options available as alternatives to divorce;
1509 (b) resources available from courts and administrative agencies for resolving custody
1510 and support issues without filing for divorce;
1511 (c) resources available to improve or strengthen the marriage;
1512 (d) a discussion of the positive and negative consequences of divorce;
1513 (e) a discussion of the process of divorce;
1514 (f) options available for proceeding with a divorce, including:
1515 (i) mediation;
1516 (ii) collaborative law; and
1517 (iii) litigation; and
1518 (g) a discussion of post-divorce resources.
1519 (6) The course may be provided in conjunction with the mandatory course for
1520 divorcing parents required by Section 30-3-11.3 .
1521 (7) The Administrative Office of the Courts shall administer the course pursuant to
1522 Title 63G, Chapter [
1523 (8) Each participant shall pay the costs of the course, which may not exceed $20, to the
1524 independent contractor providing the course at the time and place of the course.
1525 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
1526 deposited in the Children's Legal Defense Account described in Section 51-9-408 .
1527 (b) A participant who is unable to pay the costs of the course may attend without
1528 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
1529 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
1530 of the Courts. A petitioner who is later determined not to meet the qualifications for
1531 impecuniosity may be ordered to pay the costs of the course.
1532 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1533 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
1534 determined to be impecunious as provided in Subsection (8)(b).
1535 (10) The Online Court Assistance Program shall include instructions with the forms for
1536 divorce which inform the petitioner of the requirement of this section.
1537 (11) Both parties shall attend a divorce orientation course before a divorce decree may
1538 be entered, unless waived by the court. A certificate of completion constitutes evidence to the
1539 court of course completion by the parties.
1540 (12) It shall be an affirmative defense in all divorce actions that the divorce orientation
1541 requirement was not complied with, and the action may not continue until a party has
1542 complied.
1543 (13) The Administrative Office of the Courts shall adopt a program to evaluate the
1544 effectiveness of the mandatory educational course. Progress reports shall be provided if
1545 requested by the Judiciary Interim Committee.
1546 Section 36. Section 30-3-38 is amended to read:
1547 30-3-38. Expedited Parent-time Enforcement Program.
1548 (1) There is established an Expedited Parent-time Enforcement Program in the third
1549 judicial district to be administered by the Administrative Office of the Courts.
1550 (2) As used in this section:
1551 (a) "Mediator" means a person who:
1552 (i) is qualified to mediate parent-time disputes under criteria established by the
1553 Administrative Office of the Courts; and
1554 (ii) agrees to follow billing guidelines established by the Administrative Office of the
1555 Courts and this section.
1556 (b) "Services to facilitate parent-time" or "services" means services designed to assist
1557 families in resolving parent-time problems through:
1558 (i) counseling;
1559 (ii) supervised parent-time;
1560 (iii) neutral drop-off and pick-up;
1561 (iv) educational classes; and
1562 (v) other related activities.
1563 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
1564 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
1565 shall refer the case to the administrator of this program for assignment to a mediator, unless a
1566 parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent
1567 residing outside of the state is not unavailable. The director of the program for the courts, the
1568 court, or the mediator may excuse either party from the requirement to mediate for good cause.
1569 (b) Upon receipt of a case, the mediator shall:
1570 (i) meet with the parents to address parent-time issues within 15 days of the motion
1571 being filed;
1572 (ii) assess the situation;
1573 (iii) facilitate an agreement on parent-time between the parents; and
1574 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
1575 warranted.
1576 (c) While a case is in mediation, a mediator may refer the parents to a service provider
1577 designated by the Department of Human Services for services to facilitate parent-time if:
1578 (i) the services may be of significant benefit to the parents; or
1579 (ii) (A) a mediated agreement between the parents is unlikely; and
1580 (B) the services may facilitate an agreement.
1581 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
1582 case to the administrator of the program for referral to the judge or court commissioner to
1583 whom the case was assigned under Subsection (3)(a) if:
1584 (i) a written agreement between the parents is reached; or
1585 (ii) the parents are unable to reach an agreement through mediation and:
1586 (A) the parents have received services to facilitate parent-time;
1587 (B) both parents object to receiving services to facilitate parent-time; or
1588 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
1589 (e) Upon receiving a case from the administrator of the program, a judge or court
1590 commissioner may:
1591 (i) review the agreement of the parents and, if acceptable, sign it as an order;
1592 (ii) order the parents to receive services to facilitate parent-time;
1593 (iii) proceed with the case; or
1594 (iv) take other appropriate action.
1595 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
1596 child who is the subject of a parent-time order against the other parent or a member of the other
1597 parent's household to a mediator or service provider, the mediator or service provider shall
1598 immediately report that information to:
1599 (i) the judge assigned to the case who may immediately issue orders and take other
1600 appropriate action to resolve the allegation and protect the child; and
1601 (ii) the Division of Child and Family Services within the Department of Human
1602 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
1603 Reporting Requirements.
1604 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
1605 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
1606 order of the court, be supervised until:
1607 (i) the allegation has been resolved; or
1608 (ii) a court orders otherwise.
1609 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
1610 mediate parent-time problems and a service provider may continue to provide services to
1611 facilitate parent-time unless otherwise ordered by a court.
1612 (5) (a) The Department of Human Services may contract with one or more entities in
1613 accordance with Title 63G, Chapter [
1614 (i) services to facilitate parent-time;
1615 (ii) case management services; and
1616 (iii) administrative services.
1617 (b) An entity who contracts with the Department of Human Services under Subsection
1618 (5)(a) shall:
1619 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
1620 (ii) agree to follow billing guidelines established by the Department of Human Services
1621 and this section.
1622 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
1623 (i) reduced to a sum certain;
1624 (ii) divided equally between the parents; and
1625 (iii) charged against each parent taking into account the ability of that parent to pay
1626 under billing guidelines adopted in accordance with this section.
1627 (b) A judge may order a parent to pay an amount in excess of that provided for in
1628 Subsection (6)(a) if the parent:
1629 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
1630 or
1631 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
1632 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
1633 parents at periodic intervals.
1634 (ii) Mediation and services to facilitate parent-time may only be terminated on the
1635 ground of nonpayment if both parents are delinquent.
1636 (7) (a) The Judicial Council may make rules to implement and administer the
1637 provisions of this program related to mediation.
1638 (b) The Department of Human Services may make rules to implement and administer
1639 the provisions of this program related to services to facilitate parent-time.
1640 (8) (a) The Administrative Office of the Courts shall adopt outcome measures to
1641 evaluate the effectiveness of the mediation component of this program. Progress reports shall
1642 be provided to the Judiciary Interim Committee as requested by the committee.
1643 (b) The Department of Human Services shall adopt outcome measures to evaluate the
1644 effectiveness of the services component of this program. Progress reports shall be provided to
1645 the Judiciary Interim Committee as requested by the committee.
1646 (c) The Administrative Office of the Courts and the Department of Human Services
1647 may adopt joint outcome measures and file joint reports to satisfy the requirements of
1648 Subsections (7)(a) and (b).
1649 (9) The Department of Human Services shall, by following the procedures and
1650 requirements of Title 63J, Chapter 5, Federal Funds Procedures, apply for federal funds as
1651 available.
1652 Section 37. Section 31A-29-110 is amended to read:
1653 31A-29-110. Pool administrator -- Selection -- Powers.
1654 (1) The board shall select a pool administrator in accordance with Title 63G, Chapter
1655 [
1656 the board, which shall include:
1657 (a) ability to manage medical expenses;
1658 (b) proven ability to handle accident and health insurance;
1659 (c) efficiency of claim paying procedures;
1660 (d) marketing and underwriting;
1661 (e) proven ability for managed care and quality assurance;
1662 (f) provider contracting and discounts;
1663 (g) pharmacy benefit management;
1664 (h) an estimate of total charges for administering the pool; and
1665 (i) ability to administer the pool in a cost-efficient manner.
1666 (2) A pool administrator may be:
1667 (a) a health insurer;
1668 (b) a health maintenance organization;
1669 (c) a third-party administrator; or
1670 (d) any person or entity which has demonstrated ability to meet the criteria in
1671 Subsection (1).
1672 (3) (a) The pool administrator shall serve for a period of three years, with two one-year
1673 extension options, subject to the terms, conditions, and limitations of the contract between the
1674 board and the administrator.
1675 (b) At least one year prior to the expiration of the contract between the board and the
1676 pool administrator, the board shall invite all interested parties, including the current pool
1677 administrator, to submit bids to serve as the pool administrator.
1678 (c) Selection of the pool administrator for a succeeding period shall be made at least
1679 six months prior to the expiration of the period of service under Subsection (3)(a).
1680 (4) The pool administrator is responsible for all operational functions of the pool and
1681 shall:
1682 (a) have access to all nonpatient specific experience data, statistics, treatment criteria,
1683 and guidelines compiled or adopted by the Medicaid program, the Public Employees Health
1684 Plan, the Department of Health, or the Insurance Department, and which are not otherwise
1685 declared by statute to be confidential;
1686 (b) perform all marketing, eligibility, enrollment, member agreements, and
1687 administrative claim payment functions relating to the pool;
1688 (c) establish, administer, and operate a monthly premium billing procedure for
1689 collection of premiums from enrollees;
1690 (d) perform all necessary functions to assure timely payment of benefits to enrollees,
1691 including:
1692 (i) making information available relating to the proper manner of submitting a claim
1693 for benefits to the pool administrator and distributing forms upon which submission shall be
1694 made; and
1695 (ii) evaluating the eligibility of each claim for payment by the pool;
1696 (e) submit regular reports to the board regarding the operation of the pool, the
1697 frequency, content, and form of which reports shall be determined by the board;
1698 (f) following the close of each calendar year, determine net written and earned
1699 premiums, the expense of administration, and the paid and incurred losses for the year and
1700 submit a report of this information to the board, the commissioner, and the Division of Finance
1701 on a form prescribed by the commissioner; and
1702 (g) be paid as provided in the plan of operation for expenses incurred in the
1703 performance of the pool administrator's services.
1704 Section 38. Section 31A-29-111 is amended to read:
1705 31A-29-111. Eligibility -- Limitations.
1706 (1) (a) Except as provided in Subsection (1)(b), an individual who is not HIPAA
1707 eligible is eligible for pool coverage if the individual:
1708 (i) pays the established premium;
1709 (ii) is a resident of this state; and
1710 (iii) meets the health underwriting criteria under Subsection (5)(a).
1711 (b) Notwithstanding Subsection (1)(a), an individual who is not HIPAA eligible is not
1712 eligible for pool coverage if one or more of the following conditions apply:
1713 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1714 except as provided in Section 31A-29-112 ;
1715 (ii) the individual has terminated coverage in the pool, unless:
1716 (A) 12 months have elapsed since the termination date; or
1717 (B) the individual demonstrates that creditable coverage has been involuntarily
1718 terminated for any reason other than nonpayment of premium;
1719 (iii) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1720 (iv) the individual is an inmate of a public institution;
1721 (v) the individual is eligible for a public health plan, as defined in federal regulations
1722 adopted pursuant to 42 U.S.C. 300gg;
1723 (vi) the individual's health condition does not meet the criteria established under
1724 Subsection (5);
1725 (vii) the individual is eligible for coverage under an employer group that offers a health
1726 benefit plan or a self-insurance arrangement to its eligible employees, dependents, or members
1727 as:
1728 (A) an eligible employee;
1729 (B) a dependent of an eligible employee; or
1730 (C) a member;
1731 (viii) the individual is covered under any other health benefit plan;
1732 (ix) at the time of application, the individual has not resided in Utah for at least 12
1733 consecutive months preceding the date of application; or
1734 (x) the individual's employer pays any part of the individual's health benefit plan
1735 premium, either as an insured or a dependent, for pool coverage.
1736 (2) (a) Except as provided in Subsection (2)(b), an individual who is HIPAA eligible is
1737 eligible for pool coverage if the individual:
1738 (i) pays the established premium; and
1739 (ii) is a resident of this state.
1740 (b) Notwithstanding Subsection (2)(a), a HIPAA eligible individual is not eligible for
1741 pool coverage if one or more of the following conditions apply:
1742 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1743 except as provided in Section 31A-29-112 ;
1744 (ii) the individual is eligible for a public health plan, as defined in federal regulations
1745 adopted pursuant to 42 U.S.C. 300gg;
1746 (iii) the individual is covered under any other health benefit plan;
1747 (iv) the individual is eligible for coverage under an employer group that offers a health
1748 benefit plan or self-insurance arrangements to its eligible employees, dependents, or members
1749 as:
1750 (A) an eligible employee;
1751 (B) a dependent of an eligible employee; or
1752 (C) a member;
1753 (v) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1754 (vi) the individual is an inmate of a public institution; or
1755 (vii) the individual's employer pays any part of the individual's health benefit plan
1756 premium, either as an insured or a dependent, for pool coverage.
1757 (3) (a) Notwithstanding Subsection (1)(b)(ix), if otherwise eligible under Subsection
1758 (1)(a), an individual whose health care insurance coverage from a state high risk pool with
1759 similar coverage is terminated because of nonresidency in another state is eligible for coverage
1760 under the pool subject to the conditions of Subsections (1)(b)(i) through (viii).
1761 (b) Coverage sought under Subsection (3)(a) shall be applied for within 63 days after
1762 the termination date of the previous high risk pool coverage.
1763 (c) The effective date of this state's pool coverage shall be the date of termination of
1764 the previous high risk pool coverage.
1765 (d) The waiting period of an individual with a preexisting condition applying for
1766 coverage under this chapter shall be waived:
1767 (i) to the extent to which the waiting period was satisfied under a similar plan from
1768 another state; and
1769 (ii) if the other state's benefit limitation was not reached.
1770 (4) (a) If an eligible individual applies for pool coverage within 30 days of being
1771 denied coverage by an individual carrier, the effective date for pool coverage shall be no later
1772 than the first day of the month following the date of submission of the completed insurance
1773 application to the carrier.
1774 (b) Notwithstanding Subsection (4)(a), for individuals eligible for coverage under
1775 Subsection (3), the effective date shall be the date of termination of the previous high risk pool
1776 coverage.
1777 (5) (a) The board shall establish and adjust, as necessary, health underwriting criteria
1778 based on:
1779 (i) health condition; and
1780 (ii) expected claims so that the expected claims are anticipated to remain within
1781 available funding.
1782 (b) The board, with approval of the commissioner, may contract with one or more
1783 providers under Title 63G, Chapter [
1784 criteria under Subsection (5)(a).
1785 (c) If an individual is denied coverage by the pool under the criteria established in
1786 Subsection (5)(a), the pool shall issue a certificate of insurability to the individual for coverage
1787 under Subsection 31A-30-108 (3).
1788 Section 39. Section 31A-33-104 is amended to read:
1789 31A-33-104. Workers' Compensation Fund exempted.
1790 (1) The Workers' Compensation Fund is exempt from the provisions of:
1791 (a) Title 52, Chapter 4, Open and Public Meetings Act;
1792 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
1793 (c) Title 63A, Utah Administrative Services Code.
1794 (2) The board may specifically exempt the Workers' Compensation Fund from any
1795 provisions of:
1796 (a) Title 67, Chapter 19, Utah State Personnel Management Act; and
1797 (b) Title 63G, Chapter [
1798 (3) The provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not
1799 govern the initial determination of any person's eligibility for benefits under Title 34A, Chapter
1800 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act.
1801 Section 40. Section 31A-33-107 is amended to read:
1802 31A-33-107. Duties of board -- Creation of subsidiaries -- Entering into joint
1803 enterprises.
1804 (1) The board shall:
1805 (a) appoint a chief executive officer to administer the Workers' Compensation Fund;
1806 (b) receive and act upon financial, management, and actuarial reports covering the
1807 operations of the Workers' Compensation Fund;
1808 (c) ensure that the Workers' Compensation Fund is administered according to law;
1809 (d) examine and approve an annual operating budget for the Workers' Compensation
1810 Fund;
1811 (e) serve as investment trustees and fiduciaries of the Injury Fund;
1812 (f) receive and act upon recommendations of the chief executive officer;
1813 (g) develop broad policy for the long-term operation of the Workers' Compensation
1814 Fund, consistent with its mission and fiduciary responsibility;
1815 (h) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve any rating
1816 plans that would modify a policyholder's premium;
1817 (i) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve the amount
1818 of deviation, if any, from standard insurance rates;
1819 (j) approve the amount of the dividends, if any, to be returned to policyholders;
1820 (k) adopt a procurement policy consistent with the provisions of Title 63G, Chapter [
1821 6a, Utah Procurement Code;
1822 (l) develop and publish an annual report to policyholders, the governor, the Legislature,
1823 and interested parties that describes the financial condition of the Injury Fund, including a
1824 statement of expenses and income and what measures were taken or will be necessary to keep
1825 the Injury Fund actuarially sound;
1826 (m) establish a fiscal year;
1827 (n) determine and establish an actuarially sound price for insurance offered by the
1828 fund;
1829 (o) establish conflict of interest requirements that govern the board, officers, and
1830 employees;
1831 (p) establish compensation and reasonable expenses to be paid to directors on the board
1832 subject to the requirements of Section 31A-33-106 , so that the board may not approve
1833 compensation that exceeds the amount described in Subsection 31A-33-106 (18)(a)(i)(B); and
1834 (q) perform all other acts necessary for the policymaking and oversight of the Workers'
1835 Compensation Fund.
1836 (2) Subject to board review and its responsibilities under Subsection (1)(e), the board
1837 may delegate authority to make daily investment decisions.
1838 (3) The fund may form or acquire a subsidiary or enter into a joint enterprise:
1839 (a) only if that action is approved by the board; and
1840 (b) subject to the limitations in Section 31A-33-103.5 .
1841 Section 41. Section 34A-2-203 is amended to read:
1842 34A-2-203. Payment of premiums for workers' compensation.
1843 (1) Until June 30, 2007, a department, commission, board, or other agency of the state
1844 shall pay the insurance premium on its employees direct to the Workers' Compensation Fund.
1845 (2) Beginning July 1, 2007, the state shall secure the payment of workers'
1846 compensation benefits for its employees:
1847 (a) by:
1848 (i) insuring, and keeping insured, the payment of this compensation with the Workers'
1849 Compensation Fund;
1850 (ii) insuring, and keeping insured, the payment of this compensation with any stock
1851 corporation or mutual association authorized to transact the business of workers' compensation
1852 insurance in this state; or
1853 (iii) paying direct compensation as a self-insured employer in the amount, in the
1854 manner, and when due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1855 Act;
1856 (b) in accordance with Title 63A, Chapter 4, Risk Management; and
1857 (c) subject to Subsection (3).
1858 (3) (a) If the state determines to secure the payment of workers' compensation benefits
1859 for its employees by paying direct compensation as a self-insured employer in the amount, in
1860 the manner, and due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1861 Act, the state is:
1862 (i) exempt from Section 34A-2-202.5 and Subsection 34A-2-704 (14); and
1863 (ii) required to pay a premium assessment as provided in Section 34A-2-202 .
1864 (b) If the state chooses to pay workers' compensation benefits for its employees
1865 through insuring under Subsection (2)(a)(i) or (ii), the state shall obtain that insurance in
1866 accordance with Title 63G, Chapter [
1867 Section 42. Section 35A-5-202 is amended to read:
1868 35A-5-202. Contracts with providers.
1869 (1) In compliance with Title 63G, Chapter [
1870 department shall enter into a contract with one or more qualified providers to implement the
1871 workforce improvement plan created under Section 35A-5-201 .
1872 (2) A contract entered into under this section shall be:
1873 (a) performance based; and
1874 (b) structured so that the provider receives reimbursement based on:
1875 (i) job development;
1876 (ii) participant placement in jobs;
1877 (iii) wages and benefits provided; and
1878 (iv) participant retention in jobs over at least a 12-month period.
1879 (3) If the department determines through the procurement process that there are no
1880 qualified providers to implement the workforce improvement plan, the department may
1881 implement the plan.
1882 Section 43. Section 38-1-30 is amended to read:
1883 38-1-30. Third party contract -- Designated agent.
1884 (1) The division shall contract in accordance with Title 63G, Chapter [
1885 Procurement Code, with a third party to establish and maintain the database for the purposes
1886 established under this section, Section 38-1-27 , and Sections 38-1-31 through 38-1-36 .
1887 (2) (a) The third party under contract under this section is the division's designated
1888 agent, and shall develop and maintain a database from the information provided by:
1889 (i) local government entities issuing building permits;
1890 (ii) original contractors;
1891 (iii) subcontractors; and
1892 (iv) other interested persons.
1893 (b) The database shall accommodate filings by third parties on behalf of clients.
1894 (c) The division and the designated agent shall design, develop, and test the database
1895 for full implementation on May 1, 2005.
1896 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1897 division shall make rules and develop procedures for:
1898 (a) the division to oversee and enforce this section, Section 38-1-27 , and Sections
1899 38-1-31 through 38-1-36 ;
1900 (b) the designated agent to administer this section, Section 38-1-27 , and Sections
1901 38-1-31 through 38-1-36 ; and
1902 (c) the form of submission of an alternate filing, which may include procedures for
1903 rejecting an illegible or incomplete filing.
1904 (4) (a) The designated agent shall archive computer data files at least semiannually for
1905 auditing purposes.
1906 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1907 division shall make rules to allow the designated agent to periodically archive projects from the
1908 database.
1909 (c) A project shall be archived no earlier than:
1910 (i) one year after the day on which a notice of completion is filed for a project;
1911 (ii) if no notice of completion is filed, two years after the last filing activity for a
1912 project; or
1913 (iii) one year after the day on which a filing is cancelled under Subsection
1914 38-1-32 (6)(c) or 38-1-33 (2)(c).
1915 (d) The division may audit the designated agent's administration of the database as
1916 often as the division considers necessary.
1917 (5) The designated agent shall carry errors and omissions insurance in the amounts
1918 established by rule made by the division in accordance with Title 63G, Chapter 3, Utah
1919 Administrative Rulemaking Act.
1920 (6) (a) The designated agent shall make reasonable efforts to assure the accurate entry
1921 into the database of information provided in alternate filings.
1922 (b) The designated agent shall meet or exceed standards established by the division for
1923 the accuracy of data entry for alternate filings.
1924 (7) The designated agent is not liable for the correctness of the information contained
1925 in an alternate filing it enters into the database.
1926 Section 44. Section 38-1-39 is amended to read:
1927 38-1-39. Waiver or impairment of a lien right -- Forms -- Scope.
1928 (1) As used in this section:
1929 (a) "Check" means a payment instrument on a depository institution including:
1930 (i) a check;
1931 (ii) a draft;
1932 (iii) an order; or
1933 (iv) other instrument.
1934 (b) "Depository institution" is as defined in Section 7-1-103 .
1935 (c) "Lien claimant" means a person that claims a lien under this chapter.
1936 (d) "Receives payment" means, in the case of a restrictive endorsement, a payee has
1937 endorsed a check and the check is presented to and paid by the depository institution on which
1938 it is drawn.
1939 (2) Notwithstanding Section 38-1-29 , a written consent given by a lien claimant that
1940 waives or limits the lien claimant's lien rights is enforceable only if the lien claimant:
1941 (a) (i) executes a waiver and release that is signed by the lien claimant or the lien
1942 claimant's authorized agent; or
1943 (ii) for a restrictive endorsement on a check, includes a restrictive endorsement on a
1944 check that is:
1945 (A) signed by the lien claimant or the lien claimant's authorized agent; and
1946 (B) in substantially the same form set forth in Subsection (4)(d); and
1947 (b) receives payment of the amount identified in the waiver and release or check that
1948 includes the restrictive endorsement:
1949 (i) including payment by a joint payee check; and
1950 (ii) for a progress payment, only to the extent of the payment.
1951 (3) (a) Notwithstanding the language of a waiver and release described in Subsection
1952 (2), Subsection (3)(b) applies if:
1953 (i) the payment given in exchange for any waiver and release of lien is made by check;
1954 and
1955 (ii) the check fails to clear the depository institution on which it is drawn for any
1956 reason.
1957 (b) If the conditions of Subsection (3)(a) are met:
1958 (i) the waiver and release described in Subsection (3)(a) is null, void, and of no legal
1959 effect; and
1960 (ii) the following will not be affected by the lien claimant's execution of the waiver and
1961 release:
1962 (A) any lien;
1963 (B) any lien right;
1964 (C) any bond right;
1965 (D) any contract right; or
1966 (E) any other right to recover payment afforded to the lien claimant in law or equity.
1967 (4) (a) A waiver and release given by a lien claimant meets the requirements of this
1968 section if it is in substantially the form provided in this Subsection (4) for the circumstance
1969 provided in this Subsection (4).
1970 (b) A waiver and release may be in substantially the following form if the lien claimant
1971 is required to execute a waiver and release in exchange for or to induce the payment of a
1972 progress billing:
1973
1974 Property Name: _____________________________________________________________
1975 Property Location: ___________________________________________________________
1976 Undersigned's Customer: _____________________________________________________
1977 Invoice/Payment Application Number: __________________________________________
1978 Payment Amount: ___________________________________________________________
1979 Payment Period: ____________________________________________________________
1980 To the extent provided below, this document becomes effective to release and the
1981 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
1982 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
1983 Bonds, or Section [
1984 the above described Property once:
1985 (1) the undersigned endorses a check in the above referenced Payment Amount payable
1986 to the undersigned; and
1987 (2) the check is paid by the depository institution on which it is drawn.
1988 This waiver and release applies to a progress payment for the work, materials,
1989 equipment, or a combination of work, materials, and equipment furnished by the undersigned
1990 to the Property or to the Undersigned's Customer which are the subject of the Invoice or
1991 Payment Application, but only to the extent of the Payment Amount. This waiver and release
1992 does not apply to any retention withheld; any items, modifications, or changes pending
1993 approval; disputed items and claims; or items furnished or invoiced after the Payment Period.
1994 The undersigned warrants that the undersigned either has already paid or will use the
1995 money the undersigned receives from this progress payment promptly to pay in full all the
1996 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
1997 equipment, or combination of work, materials, and equipment that are the subject of this
1998 waiver and release.
1999 Dated: ________________________
2000 ___________________________________________________________(Company Name)
2001 _____________________________________________________By:__________________
2002 _____________________________________________________Its:__________________"
2003 (c) A waiver and release may be in substantially the following form if the lien claimant
2004 is required to execute a waiver and release in exchange for or to induce the payment of a final
2005 billing:
2006
2007 Property Name: ____________________________________________________________
2008 Property Location: __________________________________________________________
2009 Undersigned's Customer: _____________________________________________________
2010 Invoice/Payment Application Number: __________________________________________
2011 Payment Amount: ___________________________________________________________
2012 To the extent provided below, this document becomes effective to release and the
2013 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
2014 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
2015 Bonds, or Section [
2016 the above described Property once:
2017 (1) the undersigned endorses a check in the above referenced Payment Amount payable
2018 to the undersigned; and
2019 (2) the check is paid by the depository institution on which it is drawn.
2020 This waiver and release applies to the final payment for the work, materials, equipment,
2021 or combination of work, materials, and equipment furnished by the undersigned to the Property
2022 or to the Undersigned's Customer.
2023 The undersigned warrants that the undersigned either has already paid or will use the
2024 money the undersigned receives from the final payment promptly to pay in full all the
2025 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
2026 equipment, or combination of work, materials, and equipment that are the subject of this
2027 waiver and release.
2028 Dated: ________________________
2029 ___________________________________________________________(Company Name)
2030 _____________________________________________________By:__________________
2031 _____________________________________________________Its:__________________"
2032 (d) A restrictive endorsement placed on a check to effectuate a waiver and release
2033 described in this Subsection (4) meets the requirements of this section if it is in substantially
2034 the following form:
2035 "This check is a progress/ final payment for property described on this check sufficient
2036 for identification. Endorsement of this check is an acknowledgment by the endorser that the
2037 waiver and release to which the payment applies is effective to the extent provided in Utah
2038 Code Ann. Subsection 38-1-39 (4)(b) or (c) respectively."
2039 (e) (i) If using a restrictive endorsement under Subsection (4)(d), the person preparing
2040 the check shall indicate whether the check is for a progress payment or a final payment by
2041 circling the word "progress" if the check is for a progress payment, or the word "final" if the
2042 check is for a final payment.
2043 (ii) If a restrictive endorsement does not indicate whether the check is for a progress
2044 payment or a final payment, it is considered to be for a progress payment.
2045 (5) (a) If the conditions of Subsection (5)(b) are met, this section does not affect the
2046 enforcement of:
2047 (i) an accord and satisfaction regarding a bona fide dispute; or
2048 (ii) an agreement made in settlement of an action pending in any court or arbitration.
2049 (b) Pursuant to Subsection (5)(a), this section does not affect enforcement of an accord
2050 and satisfaction or settlement described in Subsection (5)(a) if the accord and satisfaction or
2051 settlement:
2052 (i) is in a writing signed by the lien claimant; and
2053 (ii) specifically references the lien rights waived or impaired.
2054 Section 45. Section 41-12a-803 is amended to read:
2055 41-12a-803. Program creation -- Administration -- Selection of designated agent
2056 -- Duties -- Rulemaking -- Audits.
2057 (1) There is created the Uninsured Motorist Identification Database Program to:
2058 (a) establish an Uninsured Motorist Identification Database to verify compliance with
2059 motor vehicle owner's or operator's security requirements under Section 41-12a-301 and other
2060 provisions under this part;
2061 (b) assist in reducing the number of uninsured motor vehicles on the highways of the
2062 state;
2063 (c) assist in increasing compliance with motor vehicle registration and sales and use tax
2064 laws;
2065 (d) assist in protecting a financial institution's bona fide security interest in a motor
2066 vehicle; and
2067 (e) assist in the identification and prevention of identity theft and other crimes.
2068 (2) The program shall be administered by the department with the assistance of the
2069 designated agent and the Motor Vehicle Division.
2070 (3) (a) The department shall contract in accordance with Title 63G, Chapter [
2071 Utah Procurement Code, with a third party to establish and maintain an Uninsured Motorist
2072 Identification Database for the purposes established under this part.
2073 (b) The contract may not obligate the department to pay the third party more money
2074 than is available in the account.
2075 (4) (a) The third party under contract under this section is the department's designated
2076 agent, and shall develop and maintain a computer database from the information provided by:
2077 (i) insurers under Section 31A-22-315 ;
2078 (ii) the division under Subsection (6); and
2079 (iii) the Motor Vehicle Division under Section 41-1a-120 .
2080 (b) (i) The database shall be developed and maintained in accordance with guidelines
2081 established by the department so that state and local law enforcement agencies and financial
2082 institutions as defined in Section 7-1-103 can efficiently access the records of the database,
2083 including reports useful for the implementation of the provisions of this part.
2084 (ii) (A) The reports shall be in a form and contain information approved by the
2085 department.
2086 (B) The reports may be made available through the Internet or through other electronic
2087 medium, if the department determines that sufficient security is provided to ensure compliance
2088 with Section 41-12a-805 regarding limitations on disclosure of information in the database.
2089 (5) With information provided by the department and the Motor Vehicle Division, the
2090 designated agent shall, at least monthly for submissions under Subsection 31A-22-315 (2)(b) or
2091 at least twice a month for submissions under Subsection 31A-22-315 (2)(a):
2092 (a) update the database with the motor vehicle insurance information provided by the
2093 insurers in accordance with Section 31A-22-315 ; and
2094 (b) compare all current motor vehicle registrations against the database.
2095 (6) The division shall provide the designated agent with the name, date of birth,
2096 address, and driver license number of all persons on the driver license database.
2097 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2098 department shall make rules and develop procedures in cooperation with the Motor Vehicle
2099 Division to use the database for the purpose of administering and enforcing this part.
2100 (8) (a) The designated agent shall archive computer data files at least semi-annually for
2101 auditing purposes.
2102 (b) The internal audit unit of the tax commission provided under Section 59-1-206
2103 shall audit the program at least every three years.
2104 (c) The audit under Subsection (8)(b) shall include verification of:
2105 (i) billings made by the designated agent; and
2106 (ii) the accuracy of the designated agent's matching of vehicle registration with
2107 insurance data.
2108 Section 46. Section 53-2-404 is amended to read:
2109 53-2-404. State costs for emergency disaster services.
2110 (1) Subject to this section and Section 53-2-403 , the division shall expend or commit to
2111 expend money described in Subsection 53-2-403 (1)(d)(i) to fund costs to the state of
2112 emergency disaster services.
2113 (2) Money paid by the division under this section to government entities and private
2114 persons providing emergency disaster services are subject to Title 63G, Chapter [
2115 Procurement Code.
2116 Section 47. Section 53A-1-706 is amended to read:
2117 53A-1-706. Purchases of educational technology.
2118 (1) (a) A school district or college of education shall comply with Title 63G, Chapter
2119 [
2120 Subsection (1)(b).
2121 (b) A school district may purchase computers from, and contract for the repair or
2122 refurbishing of computers with, the Utah Correctional Industries without going through the
2123 bidding or competition procedures outlined in Title 63G, Chapter [
2124
2125 (2) A school district or college of education may purchase technology through
2126 cooperative purchasing contracts administered by the state Division of Purchasing or through
2127 its own established purchasing program.
2128 Section 48. Section 53A-1a-511 is amended to read:
2129 53A-1a-511. Waivers from state board rules -- Application of statutes and rules
2130 to charter schools.
2131 (1) A charter school shall operate in accordance with its charter and is subject to Title
2132 53A, State System of Public Education, and other state laws applicable to public schools,
2133 except as otherwise provided in this part.
2134 (2) (a) A charter school or any other public school or school district may apply to the
2135 State Board of Education for a waiver of any state board rule that inhibits or hinders the school
2136 or the school district from accomplishing its mission or educational goals set out in its strategic
2137 plan or charter.
2138 (b) The state board may grant the waiver, unless:
2139 (i) the waiver would cause the school district or the school to be in violation of state or
2140 federal law; or
2141 (ii) the waiver would threaten the health, safety, or welfare of students in the district or
2142 at the school.
2143 (c) If the State Board of Education denies the waiver, the reason for the denial shall be
2144 provided in writing to the waiver applicant.
2145 (3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
2146 governing the following do not apply to a charter school:
2147 (i) school libraries;
2148 (ii) required school administrative and supervisory services; and
2149 (iii) required expenditures for instructional supplies.
2150 (b) A charter school shall comply with rules implementing statutes that prescribe how
2151 state appropriations may be spent.
2152 (4) The following provisions of Title 53A, State System of Public Education, and rules
2153 adopted under those provisions, do not apply to a charter school:
2154 (a) Sections 53A-1a-108 and 53A-1a-108.5 , requiring the establishment of a school
2155 community council and school improvement plan;
2156 (b) Sections 53A-3-413 and 53A-3-414 , pertaining to the use of school buildings as
2157 civic centers;
2158 (c) Section 53A-3-420 , requiring the use of activity disclosure statements;
2159 (d) Section 53A-12-207 , requiring notification of intent to dispose of textbooks;
2160 (e) Section 53A-13-107 , requiring annual presentations on adoption;
2161 (f) Chapter 19, Part 1, Fiscal Procedures, pertaining to fiscal procedures of school
2162 districts and local school boards; and
2163 (g) Section 53A-14-107 , requiring an independent evaluation of instructional materials.
2164 (5) For the purposes of Title 63G, Chapter [
2165 school shall be considered a local public procurement unit.
2166 (6) Each charter school shall be subject to:
2167 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2168 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2169 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
2170 existing state law and administrative rules for the purpose of determining from which laws and
2171 rules charter schools should be exempt.
2172 (b) (i) The State Charter School Board shall present recommendations for exemption to
2173 the State Board of Education for consideration.
2174 (ii) The State Board of Education shall consider the recommendations of the State
2175 Charter School Board and respond within 60 days.
2176 Section 49. Section 53A-20-101 is amended to read:
2177 53A-20-101. Construction and alteration of schools and plants -- Advertising for
2178 bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
2179 school boards -- Interest of local school board members.
2180 (1) As used in this section, the word "sealed" does not preclude acceptance of
2181 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
2182 sealed and submitted.
2183 (2) (a) Prior to the construction of any school or the alteration of any existing school
2184 plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
2185 board shall advertise for bids on the project at least 10 days before the bid due date.
2186 (b) The board shall have the advertisement published in a newspaper having general
2187 circulation throughout the state and in appropriate construction trade publications that offer
2188 free listings.
2189 (c) A similar advertisement is required in a newspaper published or having general
2190 circulation in any city or county that would be affected by the proposed project.
2191 (d) The advertisement shall:
2192 (i) require sealed proposals for the building project in accordance with plans and
2193 specifications furnished by the local school board;
2194 (ii) state where and when the proposals will be opened and shall reserve the right of the
2195 board to reject any and all proposals; and
2196 (iii) require a certified check or bid bond of not less than 5% of the bid to accompany
2197 the bid.
2198 (3) (a) The board shall meet at the time and place specified in the advertisement and
2199 publicly open and read all received proposals.
2200 (b) If satisfactory bids are received, the board shall award the contract to the lowest
2201 responsible bidder.
2202 (c) If none of the proposals are satisfactory, all shall be rejected.
2203 (d) The board shall again advertise in the manner provided in this section.
2204 (e) If, after advertising a second time no satisfactory bid is received, the board may
2205 proceed under its own direction with the required project.
2206 (4) (a) The check or bond required under Subsection (2)(d) shall be drawn in favor of
2207 the local school board.
2208 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
2209 additional bonds required under this section, then the bidder's check or bond is forfeited to the
2210 district.
2211 (5) A local school board shall require payment and performance bonds of the
2212 successful bidder as required in Section [
2213 (6) (a) A local school board may require in the proposed contract that at least 10% of
2214 the contract price be withheld until the project is completed and accepted by the board.
2215 (b) If money is withheld, the board shall place it in an interest bearing account, and the
2216 interest accrues for the benefit of the contractor and subcontractors.
2217 (c) This money shall be paid upon completion of the project and acceptance by the
2218 board.
2219 (7) (a) A local school board may not bid on projects within the district if the total
2220 accumulative estimated cost exceeds $80,000.
2221 (b) The board may use its resources if no satisfactory bids are received under this
2222 section.
2223 (8) If the local school board determines in accordance with Section [
2224 63G-6a-1302 to use a construction manager/general contractor as its method of construction
2225 contracting management on projects where the total estimated accumulative cost exceeds
2226 $80,000, it shall select the construction manager/general contractor [
2227
2228 the requirements of Title 63G, Chapter 6a, Utah Procurement Code.
2229 (9) A local school board member may not have a direct or indirect financial interest in
2230 the construction project contract.
2231 Section 50. Section 53A-25b-105 is amended to read:
2232 53A-25b-105. Applicability of statutes to the Utah Schools for the Deaf and the
2233 Blind.
2234 (1) The Utah Schools for the Deaf and the Blind is subject to Title 53A, State System
2235 of Public Education, and other state laws applicable to public schools, except as otherwise
2236 provided by this chapter.
2237 (2) The following provisions of Title 53A, State System of Public Education, do not
2238 apply to the Utah Schools for the Deaf and the Blind:
2239 (a) provisions governing the budgets, funding, or finances of school districts or charter
2240 schools; and
2241 (b) provisions governing school construction.
2242 (3) Except as provided in this chapter, the Utah Schools for the Deaf and the Blind is
2243 subject to state laws governing state agencies, including:
2244 (a) Title 51, Chapter 5, Funds Consolidation Act;
2245 (b) Title 51, Chapter 7, State Money Management Act;
2246 (c) Title 52, Chapter 4, Open and Public Meetings Act;
2247 (d) Title 63A, Utah Administrative Services Code;
2248 (e) Title 63G, Chapter 2, Government Records Access and Management Act;
2249 (f) Title 63G, Chapter 4, Administrative Procedures Act;
2250 (g) Title 63G, Chapter [
2251 (h) Title 63J, Chapter 1, Budgetary Procedures Act;
2252 (i) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
2253 (j) Title 67, Chapter 19, Utah State Personnel Management Act.
2254 Section 51. Section 53C-1-201 (Effective 07/01/12) is amended to read:
2255 53C-1-201 (Effective 07/01/12). Creation of administration -- Purpose -- Director.
2256 (1) (a) There is established within state government the School and Institutional Trust
2257 Lands Administration.
2258 (b) The administration shall manage all school and institutional trust lands and assets
2259 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
2260 of Revenue from Trust Lands, and Sections 51-7a-201 and 51-7a-202 .
2261 (2) The administration is an independent state agency and not a division of any other
2262 department.
2263 (3) (a) It is subject to the usual legislative and executive department controls except as
2264 provided in this Subsection (3).
2265 (b) (i) The director may make rules as approved by the board that allow the
2266 administration to classify a business proposal submitted to the administration as protected
2267 under Section 63G-2-305 , for as long as is necessary to evaluate the proposal.
2268 (ii) The administration shall return the proposal to the party who submitted the
2269 proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
2270 and Management Act, if the administration determines not to proceed with the proposal.
2271 (iii) The administration shall classify the proposal pursuant to law if it decides to
2272 proceed with the proposal.
2273 (iv) Section 63G-2-403 does not apply during the review period.
2274 (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
2275 Administrative Rulemaking Act, except that the administration is not subject to Subsections
2276 63G-3-301 (6) and (7) and Section 63G-3-601 , and the director, with the board's approval, may
2277 establish a procedure for the expedited approval of rules, based on written findings by the
2278 director showing:
2279 (i) the changes in business opportunities affecting the assets of the trust;
2280 (ii) the specific business opportunity arising out of those changes which may be lost
2281 without the rule or changes to the rule;
2282 (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
2283 causing the loss of the specific opportunity;
2284 (iv) approval by at least five board members; and
2285 (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
2286 reasons and justifications for its findings, with the Division of Administrative Rules and
2287 notified interested parties as provided in Subsection 63G-3-301 (10).
2288 (d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
2289 Management Act, except as provided in this Subsection (3)(d).
2290 (ii) The board may approve, upon recommendation of the director, that exemption for
2291 specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
2292 the administration to efficiently fulfill its responsibilities under the law. The director shall
2293 consult with the executive director of the Department of Human Resource Management prior
2294 to making such a recommendation.
2295 (iii) The positions of director, deputy director, associate director, assistant director,
2296 legal counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs
2297 officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).
2298 (iv) Salaries for exempted positions, except for the director, shall be set by the director,
2299 after consultation with the executive director of the Department of Human Resource
2300 Management, within ranges approved by the board. The board and director shall consider
2301 salaries for similar positions in private enterprise and other public employment when setting
2302 salary ranges.
2303 (v) The board may create an annual incentive and bonus plan for the director and other
2304 administration employees designated by the board, based upon the attainment of financial
2305 performance goals and other measurable criteria defined and budgeted in advance by the board.
2306 (e) The administration shall comply with Title 63G, Chapter [
2307 Code, except where the board approves, upon recommendation of the director, exemption from
2308 the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
2309 Utah Administrative Rulemaking Act, for procurement, which enable the administration to
2310 efficiently fulfill its responsibilities under the law.
2311 (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
2312 the fee agency requirements of Section 63J-1-504 .
2313 (ii) The following fees of the administration are subject to the requirements of Section
2314 63J-1-504 : application, assignment, amendment, affidavit for lost documents, name change,
2315 reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
2316 assignment, electronic payment, and processing.
2317 (4) The administration is managed by a director of school and institutional trust lands
2318 appointed by a majority vote of the board of trustees with the consent of the governor.
2319 (5) (a) The board of trustees shall provide policies for the management of the
2320 administration and for the management of trust lands and assets.
2321 (b) The board shall provide policies for the ownership and control of Native American
2322 remains that are discovered or excavated on school and institutional trust lands in consultation
2323 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
2324 Native American Grave Protection and Repatriation Act. The director may make rules in
2325 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
2326 policies provided by the board regarding Native American remains.
2327 (6) In connection with joint ventures and other transactions involving trust lands and
2328 minerals approved under Sections 53C-1-303 and 53C-2-401 , the administration, with board
2329 approval, may become a member of a limited liability company under Title 48, Chapter 3, Utah
2330 Revised Uniform Limited Liability Company Act, and is considered a person under Section
2331 48-3-102 .
2332 Section 52. Section 54-3-29 is amended to read:
2333 54-3-29. Removal, relocation, or alteration of utility facility in public highway
2334 construction or reconstruction -- Notice -- Cooperation.
2335 (1) As used in this section:
2336 (a) "Design-build" means a design-build transportation project for which a design-build
2337 transportation project contract is issued, within the meaning of Section [
2338 63G-6a-1402 .
2339 (b) "Municipality" is as defined in Section 10-1-104 .
2340 (c) "Political subdivision" means a:
2341 (i) county; or
2342 (ii) municipality.
2343 (d) "Public agency" means an entity of state government or a political subdivision.
2344 (e) "Public highway" means a highway, street, road, or alley constructed for public use
2345 in the state.
2346 (f) "Utility company" means a privately, cooperatively, or publicly owned utility,
2347 including a utility owned by a political subdivision, that provides service using a utility facility.
2348 (g) "Utility facility" means:
2349 (i) a telecommunications, gas, electricity, cable television, water, sewer, or data
2350 facility;
2351 (ii) a video transmission line;
2352 (iii) a drainage and irrigation system; or
2353 (iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on,
2354 along, across, over, through, or under any public highway.
2355 (2) If a public agency engages in or proposes to engage in a construction or
2356 reconstruction project on a public highway that may require the removal, relocation, or
2357 alteration of a utility facility, the public agency shall:
2358 (a) contact an association, established under Title 54, Chapter 8a, Damage to
2359 Underground Utility Facilities, to identify each utility company that may have a utility facility
2360 in the area of the construction or reconstruction project;
2361 (b) identify a utility company that has an above-ground utility facility in the area of the
2362 proposed construction or reconstruction project; and
2363 (c) electronically notify each utility company identified in accordance with Subsections
2364 (2)(a) and (b).
2365 (3) The notice required by Subsection (2)(c) shall:
2366 (a) be made as early as practicable and at least 30 days:
2367 (i) before the preliminary design or project development meeting;
2368 (ii) before issuance of a request for proposal for a design-build project; or
2369 (iii) after a change in scope of a design-build project;
2370 (b) include:
2371 (i) information concerning the proposed project design;
2372 (ii) the proposed date of a required removal, relocation, or alteration of a utility facility;
2373 (iii) the federal identifying project number, if applicable; and
2374 (c) advise the utility company if the proposed project may qualify for aid for the utility
2375 company's expense in removing, relocating, or altering a utility facility.
2376 (4) A public agency shall permit a utility company notified under Subsection (2) to
2377 participate in the preliminary design or project development meeting, or similar meeting at
2378 which the project design is addressed.
2379 (5) (a) A public agency shall, not less than 30 days after providing notice under
2380 Subsection (2) to each utility company, provide the utility company an opportunity to meet
2381 with the public agency to allow the utility company to:
2382 (i) review project plans;
2383 (ii) understand the objectives and funding sources for the proposed project;
2384 (iii) provide and discuss recommendations to the public agency that may reasonably
2385 eliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of
2386 utility company services, or eliminate or reduce the need for present or future utility facility
2387 removal, relocation, or alteration; and
2388 (iv) provide reasonable schedules to enable coordination of the construction project
2389 and removal, relocation, or alteration of a utility facility.
2390 (b) If a public agency provides a utility company with reasonable opportunities to meet
2391 in accordance with Subsection (5)(a), the utility company's failure to meet does not affect the
2392 public agency's ability to proceed with the project.
2393 (6) While recognizing the essential goals and objectives of the public highway agency
2394 in proceeding with and completing a project, the parties shall use their best efforts to find ways
2395 to:
2396 (a) eliminate the cost to the utility of relocation of the utility facilities; or
2397 (b) if elimination of the costs is not feasible, minimize the relocation costs to the extent
2398 reasonably possible.
2399 (7) A utility company notified under Subsection (2) shall coordinate with the public
2400 agency concerning the utility facility removal, relocation, or alteration, including the
2401 scheduling of the utility facility removal, relocation, or alteration.
2402 (8) A public agency and a utility company may address the removal, relocation, or
2403 alteration of a utility facility in relation to a construction or reconstruction project on a public
2404 highway in a franchise agreement in lieu of this section, if the public agency is otherwise
2405 permitted to enter into the franchise agreement.
2406 (9) This chapter does not affect a public agency's authority over a public right-of-way,
2407 including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116 , or
2408 other valid provision governing the use of the public right-of-way.
2409 Section 53. Section 54-8b-10 is amended to read:
2410 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
2411 with telecommunication devices -- Definitions -- Procedures for establishing program --
2412 Surcharge -- Administration and disposition of surcharge money.
2413 (1) As used in this section:
2414 (a) "Certified deaf or severely hearing or speech impaired person" means any state
2415 resident who:
2416 (i) is so certified by:
2417 (A) a licensed physician;
2418 (B) an otolaryngologist;
2419 (C) a speech language pathologist;
2420 (D) an audiologist; or
2421 (E) a qualified state agency; and
2422 (ii) qualifies for assistance under any low income public assistance program
2423 administered by a state agency.
2424 (b) "Certified interpreter" means a person who is a certified interpreter under Title
2425 53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act.
2426 (c) (i) "Telecommunication device" means any mechanical adaptation device that
2427 enables a deaf or severely hearing or speech impaired person to use the telephone.
2428 (ii) "Telecommunication device" includes:
2429 (A) telecommunication devices for the deaf (TDD);
2430 (B) telephone amplifiers;
2431 (C) telephone signal devices;
2432 (D) artificial larynxes; and
2433 (E) adaptive equipment for TDD keyboard access.
2434 (2) The commission shall hold hearings to establish a program whereby a certified deaf
2435 or severely hearing or speech impaired customer of a telecommunications corporation that
2436 provides service through a local exchange or of a wireless telecommunications provider may
2437 obtain a telecommunication device capable of serving the customer at no charge to the
2438 customer beyond the rate for basic service.
2439 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
2440 using third party intervention to connect a certified deaf or severely hearing or speech impaired
2441 person with a normal hearing person by way of telecommunication devices designed for that
2442 purpose.
2443 (b) The commission may, by rule, establish the type of telecommunications device to
2444 be provided to ensure functional equivalence.
2445 (4) (a) The commission shall impose a surcharge on each residential and business
2446 access line of each customer of local-exchange telephone service in this state, and each
2447 residential and business telephone number of each customer of mobile telephone service in this
2448 state, not including a telephone number used exclusively to transfer data to and from a mobile
2449 device, which shall be collected by the telecommunications corporation providing public
2450 telecommunications service to the customer, to cover the costs of:
2451 (i) the program described in Subsection (2); and
2452 (ii) payments made under Subsection (5).
2453 (b) The commission shall establish by rule the amount to be charged under this section,
2454 provided that:
2455 (i) the surcharge does not exceed 20 cents per month for each residential and business
2456 access line for local-exchange telephone service, and for each residential and business
2457 telephone number for mobile telephone service, not including a telephone number used
2458 exclusively to transfer data to and from a mobile device; and
2459 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
2460 may be imposed, billed, and collected only to the extent permitted by the Mobile
2461 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2462 (c) The telecommunications corporation shall collect the surcharge from its customers
2463 and transfer the money collected to the commission under rules adopted by the commission.
2464 (d) The surcharge shall be separately identified on each bill to a customer.
2465 (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
2466 deposited in the state treasury as dedicated credits to be administered as determined by the
2467 commission.
2468 (b) These dedicated credits may be used only:
2469 (i) for the purchase, maintenance, repair, and distribution of telecommunication
2470 devices;
2471 (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
2472 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
2473 transferring to the commission the surcharge imposed by the commission;
2474 (iv) for the general administration of the program;
2475 (v) to train persons in the use of telecommunications devices; and
2476 (vi) by the commission to contract, in compliance with Title 63G, Chapter [
2477 Procurement Code, with:
2478 (A) an institution within the state system of higher education listed in Section
2479 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
2480 certified interpreters; or
2481 (B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
2482 persons to qualify as certified interpreters.
2483 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
2484 Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
2485 (ii) In the initial rulemaking to determine the administration of money under
2486 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
2487 (d) Money received by the commission under Subsection (4) is nonlapsing.
2488 (6) (a) The telephone surcharge need not be collected by a telecommunications
2489 corporation if the amount collected would be less than the actual administrative costs of the
2490 collection.
2491 (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
2492 commission, in lieu of the revenue from the surcharge collection, a breakdown of the
2493 anticipated costs and the expected revenue from the collection, showing that the costs exceed
2494 the revenue.
2495 (7) The commission shall solicit the advice, counsel, and physical assistance of
2496 severely hearing or speech impaired persons and the organizations serving them in the design
2497 and implementation of the program.
2498 Section 54. Section 62A-1-108.5 is amended to read:
2499 62A-1-108.5. Mental illness and intellectual disability examinations --
2500 Responsibilities of the department.
2501 (1) In accomplishing its duties to conduct mental illness and intellectual disability
2502 examinations under Title 77, Utah Code of Criminal Procedure, the department shall proceed
2503 as outlined in this section and within appropriations authorized by the Legislature. The
2504 executive director may delegate the executive director's responsibilities under this section to
2505 one or more divisions within the department.
2506 (2) When the department is ordered by the court to conduct a mental illness or
2507 intellectual disability examination, the executive director shall:
2508 (a) direct that the examination be performed at the Utah State Hospital; or
2509 (b) designate at least one examiner, selected under Subsection (3), to examine the
2510 defendant in the defendant's current custody or status.
2511 (3) The department shall establish criteria, in consultation with the Commission on
2512 Criminal and Juvenile Justice, and shall contract with persons or organizations to conduct
2513 mental illness and intellectual disability examinations under Subsection (2)(b). In making this
2514 selection, the department shall follow the provisions of Title 63G, Chapter [
2515 Procurement Code.
2516 (4) Nothing in this section prohibits the executive director, at the request of defense
2517 counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of
2518 Criminal Procedure, and for good cause shown, from proposing a person who has not been
2519 previously selected under Subsection (3) to contract with the department to conduct the
2520 examination. In selecting that person, the criteria of the department established under
2521 Subsection (3) and the provisions of Title 63G, Chapter [
2522 be met.
2523 Section 55. Section 62A-3-104 is amended to read:
2524 62A-3-104. Authority of division.
2525 (1) The division is the sole state agency, as defined by the Older Americans Act of
2526 1965, 42 U.S.C. 3001 et seq., to:
2527 (a) serve as an effective and visible advocate for the aging and adult population of this
2528 state;
2529 (b) develop and administer a state plan under the policy direction of the board; and
2530 (c) take primary responsibility for state activities relating to provisions of the Older
2531 Americans Act of 1965, as amended.
2532 (2) (a) The division has authority to designate:
2533 (i) planning and service areas for the state; and
2534 (ii) an area agency on aging within each planning and service area to design and
2535 implement a comprehensive and coordinated system of services and programs for the aged
2536 within appropriations from the Legislature.
2537 (b) Designation as an area agency on aging may be withdrawn:
2538 (i) upon request of the area agency on aging; or
2539 (ii) upon noncompliance with the provisions of the:
2540 (A) Older Americans Act of 1965, 42 U.S.C. 3001 et seq.;
2541 (B) federal regulations enacted under the Older Americans Act of 1965, 42 U.S.C.
2542 3001 et seq.;
2543 (C) provisions of this chapter; or
2544 (D) rules, policies, or procedures established by the division.
2545 (3) (a) The division has the authority to designate:
2546 (i) planning and service areas for the state; and
2547 (ii) subject to Subsection (3)(b), an area agency on high risk adults within each
2548 planning and service area to design and implement a comprehensive and coordinated system of
2549 case management and programs for high risk adults within appropriations from the Legislature.
2550 (b) For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division shall
2551 designate as the area agency on high risk adults in a planning and service area:
2552 (i) the area agency on aging that operates within the same geographic area if that
2553 agency requests, before July 1, 1998, to expand that agency's current contract with the division
2554 to include the responsibility of:
2555 (A) being the area agency on high risk adults; or
2556 (B) operating the area agency on high risk adults:
2557 (I) through joint cooperation with one or more existing area agencies on aging; and
2558 (II) without reducing geographical coverage in any service area; or
2559 (ii) a public or private nonprofit agency or office if the area agency on aging that
2560 operates within the same geographic area has not made a request in accordance with Subsection
2561 (3)(b)(i).
2562 (c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
2563 (ii) The division's efforts to establish area agencies on high risk adults shall start with
2564 counties with a population of more than 150,000 people.
2565 (d) Designation as an area agency on high risk adults may be withdrawn:
2566 (i) upon request by the area agency; or
2567 (ii) upon noncompliance with:
2568 (A) state law;
2569 (B) federal law; or
2570 (C) rules, policies, or procedures established by the division.
2571 (4) (a) The division may, by following the procedures and requirements of Title 63J,
2572 Chapter 5, Federal Funds Procedures:
2573 (i) seek federal grants, loans, or participation in federal programs; and
2574 (ii) receive and distribute state and federal funds for the division's programs and
2575 services to the aging and adult populations of the state.
2576 (b) The division may not disburse public funds to a personal care attendant as payment
2577 for personal services rendered to an aged person or high risk adult, except as provided in
2578 Section 62A-3-104.3 .
2579 (5) The division has authority to establish, either directly or by contract, programs of
2580 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
2581 quality of life for aging and adult citizens of the state.
2582 (6) In accordance with the rules of the division and Title 63G, Chapter [
2583 Procurement Code, the division may contract with:
2584 (a) the governing body of an area agency to provide a comprehensive program of
2585 services; or
2586 (b) public and private entities for special services.
2587 (7) The division has authority to provide for collection, compilation, and dissemination
2588 of information, statistics, and reports relating to issues facing aging and adult citizens.
2589 (8) The division has authority to prepare and submit reports regarding the operation
2590 and administration of the division to the department, the Legislature, and the governor, as
2591 requested.
2592 (9) The division shall:
2593 (a) implement and enforce policies established by the board governing all aspects of
2594 the division's programs for aging and adult persons in the state;
2595 (b) in order to ensure compliance with all applicable state and federal statutes, policies,
2596 and procedures, monitor and evaluate programs provided by or under contract with:
2597 (i) the division;
2598 (ii) area agencies; and
2599 (iii) an entity that receives funds from an area agency;
2600 (c) examine expenditures of public funds;
2601 (d) withhold funds from programs based on contract noncompliance;
2602 (e) review and approve plans of area agencies in order to ensure:
2603 (i) compliance with division policies; and
2604 (ii) a statewide comprehensive program;
2605 (f) in order to further programs for aging and adult persons and prevent duplication of
2606 services, promote and establish cooperative relationships with:
2607 (i) state and federal agencies;
2608 (ii) social and health agencies;
2609 (iii) education and research organizations; and
2610 (iv) other related groups;
2611 (g) advocate for the aging and adult populations;
2612 (h) promote and conduct research on the problems and needs of aging and adult
2613 persons;
2614 (i) submit recommendations for changes in policies, programs, and funding to the:
2615 (i) governor; and
2616 (ii) Legislature; and
2617 (j) (i) accept contributions to and administer the funds contained in the "Out and
2618 About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
2619 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2620 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
2621 Transportation Assistance Fund in accordance with Section 62A-3-110 .
2622 Section 56. Section 62A-3-104.1 is amended to read:
2623 62A-3-104.1. Powers and duties of area agencies.
2624 (1) An area agency that provides services to an aged person, or a high risk adult shall
2625 within the area agency's respective jurisdiction:
2626 (a) advocate by monitoring, evaluating, and providing input on all policies, programs,
2627 hearings, and levies that affect a person described in this Subsection (1);
2628 (b) design and implement a comprehensive and coordinated system of services within a
2629 designated planning and service area;
2630 (c) conduct periodic reviews and evaluations of needs and services;
2631 (d) prepare and submit to the division plans for funding and service delivery for
2632 services within the designated planning and service area;
2633 (e) establish, either directly or by contract, programs licensed under Chapter 2,
2634 Licensure of Programs and Facilities;
2635 (f) (i) appoint an area director;
2636 (ii) prescribe the area director's duties; and
2637 (iii) provide adequate and qualified staff to carry out the area plan described in
2638 Subsection (1)(d);
2639 (g) establish rules not contrary to policies of the board and rules of the division,
2640 regulating local services and facilities;
2641 (h) operate other services and programs funded by sources other than those
2642 administered by the division;
2643 (i) establish mechanisms to provide direct citizen input, including an area agency
2644 advisory council with a majority of members who are eligible for services from the area
2645 agency;
2646 (j) establish fee schedules; and
2647 (k) comply with the requirements and procedures of:
2648 (i) Title 11, Chapter 13, Interlocal Cooperation Act; and
2649 (ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
2650 Organizations, and Other Local Entities Act.
2651 (2) Before disbursing any public funds, an area agency shall require that all entities
2652 receiving any public funds agree in writing that:
2653 (a) the division may examine the entity's program and financial records; and
2654 (b) the auditor of the local area agency may examine and audit the entity's program and
2655 financial records, if requested by the local area agency.
2656 (3) An area agency on aging may not disburse public funds to a personal care attendant
2657 as payment for personal services rendered to an aged person or high risk adult, except as
2658 provided in Section 62A-3-104.3 .
2659 (4) (a) For the purpose of providing services pursuant to this part, a local area agency
2660 may receive:
2661 (i) property;
2662 (ii) grants;
2663 (iii) gifts;
2664 (iv) supplies;
2665 (v) materials;
2666 (vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v);
2667 and
2668 (vii) contributions.
2669 (b) If a gift is conditioned upon the gift's use for a specified service or program, the gift
2670 shall be used for the specific service or program.
2671 (5) (a) Area agencies shall award all public funds in compliance with:
2672 (i) the requirements of Title 63G, Chapter [
2673 (ii) a county procurement ordinance that requires procurement procedures similar to
2674 those described in Subsection (5)(a)(i).
2675 (b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
2676 invitation to bid.
2677 (ii) If no satisfactory bid is received by the area agency described in Subsection
2678 (5)(b)(i), when the bids received from the second invitation are opened the area agency may
2679 execute a contract without requiring competitive bidding.
2680 (c) (i) An area agency need not comply with the procurement provisions of this section
2681 when it disburses public funds to another governmental entity.
2682 (ii) For purposes of this Subsection (5)(c), "governmental entity" means any political
2683 subdivision or institution of higher education of the state.
2684 (d) (i) Contracts awarded by an area agency shall be for a:
2685 (A) fixed amount; and
2686 (B) limited period.
2687 (ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
2688 available funding for the same contract purpose without competition.
2689 (6) Local area agencies shall comply with:
2690 (a) applicable state and federal:
2691 (i) statutes;
2692 (ii) policies; and
2693 (iii) audit requirements; and
2694 (b) directives resulting from an audit described in Subsection (6)(a)(iii).
2695 Section 57. Section 62A-14-109 is amended to read:
2696 62A-14-109. Contract for services.
2697 (1) In accordance with Title 63G, Chapter [
2698 may contract with one or more providers to perform guardian and conservator duties.
2699 (2) The office shall review and monitor the services provided by a contract provider to
2700 a ward for whom the office has been appointed guardian or conservator.
2701 Section 58. Section 63A-5-205 is amended to read:
2702 63A-5-205. Contracting powers of director -- Retainage -- Health insurance
2703 coverage.
2704 (1) As used in this section:
2705 (a) "Capital developments" has the same meaning as provided in Section 63A-5-104 .
2706 (b) "Capital improvements" has the same meaning as provided in Section 63A-5-104 .
2707 (c) "Employee" means an "employee," "worker," or "operative" as defined in Section
2708 34A-2-104 who:
2709 (i) works at least 30 hours per calendar week; and
2710 (ii) meets employer eligibility waiting requirements for health care insurance which
2711 may not exceed the first day of the calendar month following 90 days from the date of hire.
2712 (d) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
2713 (e) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
2714 (f) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
2715 (2) In accordance with Title 63G, Chapter [
2716 may:
2717 (a) subject to Subsection (3), enter into contracts for any work or professional services
2718 which the division or the State Building Board may do or have done; and
2719 (b) as a condition of any contract for architectural or engineering services, prohibit the
2720 architect or engineer from retaining a sales or agent engineer for the necessary design work.
2721 (3) (a) Except as provided in Subsection (3)(b), this Subsection (3) applies to all design
2722 or construction contracts entered into by the division or the State Building Board on or after
2723 July 1, 2009, and:
2724 (i) applies to a prime contractor if the prime contract is in the amount of $1,500,000 or
2725 greater; and
2726 (ii) applies to a subcontractor if the subcontract is in the amount of $750,000 or greater.
2727 (b) This Subsection (3) does not apply:
2728 (i) if the application of this Subsection (3) jeopardizes the receipt of federal funds;
2729 (ii) if the contract is a sole source contract;
2730 (iii) if the contract is an emergency procurement; or
2731 (iv) to a change order as defined in Section [
2732 to a contract, when the contract does not meet the threshold required by Subsection (3)(a).
2733 (c) A person who intentionally uses change orders or contract modifications to
2734 circumvent the requirements of Subsection (3)(a) is guilty of an infraction.
2735 (d) (i) A contractor subject to Subsection (3)(a) shall demonstrate to the director that
2736 the contractor has and will maintain an offer of qualified health insurance coverage for the
2737 contractor's employees and the employees' dependents.
2738 (ii) If a subcontractor of the contractor is subject to Subsection (3)(a), the contractor
2739 shall demonstrate to the director that the subcontractor has and will maintain an offer of
2740 qualified health insurance coverage for the subcontractor's employees and the employees'
2741 dependents.
2742 (e) (i) (A) A contractor who fails to meet the requirements of Subsection (3)(d)(i)
2743 during the duration of the contract is subject to penalties in accordance with administrative
2744 rules adopted by the division under Subsection (3)(f).
2745 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
2746 requirements of Subsection (3)(d)(ii).
2747 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (3)(d)(ii)
2748 during the duration of the contract is subject to penalties in accordance with administrative
2749 rules adopted by the division under Subsection (3)(f).
2750 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
2751 requirements of Subsection (3)(d)(i).
2752 (f) The division shall adopt administrative rules:
2753 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2754 (ii) in coordination with:
2755 (A) the Department of Environmental Quality in accordance with Section 19-1-206 ;
2756 (B) the Department of Natural Resources in accordance with Section 79-2-404 ;
2757 (C) a public transit district in accordance with Section 17B-2a-818.5 ;
2758 (D) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
2759 (E) the Department of Transportation in accordance with Section 72-6-107.5 ; and
2760 (F) the Legislature's Administrative Rules Review Committee; and
2761 (iii) which establish:
2762 (A) the requirements and procedures a contractor must follow to demonstrate to the
2763 director compliance with this Subsection (3) which shall include:
2764 (I) that a contractor will not have to demonstrate compliance with Subsection (3)(d)(i)
2765 or (ii) more than twice in any 12-month period; and
2766 (II) that the actuarially equivalent determination required for the qualified health
2767 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
2768 department or division with a written statement of actuarial equivalency from either:
2769 (Aa) the Utah Insurance Department;
2770 (Bb) an actuary selected by the contractor or the contractor's insurer; or
2771 (Cc) an underwriter who is responsible for developing the employer group's premium
2772 rates;
2773 (B) the penalties that may be imposed if a contractor or subcontractor intentionally
2774 violates the provisions of this Subsection (3), which may include:
2775 (I) a three-month suspension of the contractor or subcontractor from entering into
2776 future contracts with the state upon the first violation;
2777 (II) a six-month suspension of the contractor or subcontractor from entering into future
2778 contracts with the state upon the second violation;
2779 (III) an action for debarment of the contractor or subcontractor in accordance with
2780 Section [
2781 (IV) monetary penalties which may not exceed 50% of the amount necessary to
2782 purchase qualified health insurance coverage for an employee and the dependents of an
2783 employee of the contractor or subcontractor who was not offered qualified health insurance
2784 coverage during the duration of the contract; and
2785 (C) a website on which the department shall post the benchmark for the qualified
2786 health insurance coverage identified in Subsection (1)(e).
2787 (g) (i) In addition to the penalties imposed under Subsection (3)(f)(iii), a contractor or
2788 subcontractor who intentionally violates the provisions of this section shall be liable to the
2789 employee for health care costs that would have been covered by qualified health insurance
2790 coverage.
2791 (ii) An employer has an affirmative defense to a cause of action under Subsection
2792 (3)(g)(i) if:
2793 (A) the employer relied in good faith on a written statement of actuarial equivalency
2794 provided by:
2795 (I) an actuary; or
2796 (II) an underwriter who is responsible for developing the employer group's premium
2797 rates; or
2798 (B) the department determines that compliance with this section is not required under
2799 the provisions of Subsection (3)(b).
2800 (iii) An employee has a private right of action only against the employee's employer to
2801 enforce the provisions of this Subsection (3)(g).
2802 (h) Any penalties imposed and collected under this section shall be deposited into the
2803 Medicaid Restricted Account created by Section 26-18-402 .
2804 (i) The failure of a contractor or subcontractor to provide qualified health insurance
2805 coverage as required by this section:
2806 (i) may not be the basis for a protest or other action from a prospective bidder, offeror,
2807 or contractor under Section [
2808 Chapter [
2809 (ii) may not be used by the procurement entity or a prospective bidder, offeror, or
2810 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
2811 or construction.
2812 (4) The judgment of the director as to the responsibility and qualifications of a bidder
2813 is conclusive, except in case of fraud or bad faith.
2814 (5) The division shall make all payments to the contractor for completed work in
2815 accordance with the contract and pay the interest specified in the contract on any payments that
2816 are late.
2817 (6) If any payment on a contract with a private contractor to do work for the division or
2818 the State Building Board is retained or withheld, it shall be retained or withheld and released as
2819 provided in Section 13-8-5 .
2820 Section 59. Section 63A-5-208 is amended to read:
2821 63A-5-208. Definitions -- Certain public construction bids to list subcontractors --
2822 Changing subcontractors -- Bidders as subcontractors -- Dispute resolution process --
2823 Penalties.
2824 (1) As used in this section:
2825 (a) "First-tier subcontractor" means a subcontractor who contracts directly with the
2826 prime contractor.
2827 (b) "Subcontractor" means any person or entity under contract with a contractor or
2828 another subcontractor to provide services or labor for the construction, installation, or repair of
2829 an improvement to real property.
2830 (c) "Subcontractor" includes a trade contractor or specialty contractor.
2831 (d) "Subcontractor" does not include suppliers who provide only materials, equipment,
2832 or supplies to a contractor or subcontractor.
2833 (2) The director shall apply the provisions of this section to achieve fair and
2834 competitive bidding and to discourage bid-shopping by contractors.
2835 (3) (a) (i) (A) On each public construction project, the director shall require the
2836 apparent lowest three bidders to submit a list of their first-tier subcontractors indicating each
2837 subcontractor's name, bid amount, and other information required by rule.
2838 (B) Other bidders who are not one of the apparent lowest three bidders may also
2839 submit a list of their first-tier subcontractors containing the information required by this
2840 Subsection (3).
2841 (C) The director may not consider any bid submitted by a bidder if the bidder fails to
2842 submit a subcontractor list meeting the requirements of this section.
2843 (ii) On projects where the contractor's total bid is less than $500,000, subcontractors
2844 whose bid is less than $20,000 need not be listed.
2845 (iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
2846 whose bid is less than $35,000 need not be listed.
2847 (b) (i) The bidders shall submit this list within 24 hours after the bid opening time, not
2848 including Saturdays, Sundays, and state holidays.
2849 (ii) This list does not limit the director's right to authorize a change in the listing of any
2850 subcontractor.
2851 (c) The bidders shall verify that all subcontractors listed as part of their bids are
2852 licensed as required by state law.
2853 (d) Twenty-four hours after the bid opening, the contractor may change the contractor's
2854 subcontractors only after:
2855 (i) receiving permission from the director; and
2856 (ii) establishing that:
2857 (A) the change is in the best interest of the state; and
2858 (B) the contractor establishes reasons for the change that meet the standards established
2859 by the State Building Board.
2860 (e) If the director approves any changes in subcontractors that result in a net lower
2861 contract price for subcontracted work, the total of the prime contract may be reduced to reflect
2862 the changes.
2863 (4) (a) A bidder may list himself as a subcontractor when the bidder is currently
2864 licensed to perform the portion of the work for which the bidder lists himself as a subcontractor
2865 and:
2866 (i) the bidder intends to perform the work of a subcontractor himself; or
2867 (ii) the bidder intends to obtain a subcontractor to perform the work at a later date
2868 because the bidder was unable to:
2869 (A) obtain a bid from a qualified subcontractor; or
2870 (B) obtain a bid from a qualified subcontractor at a cost that the bidder considers to be
2871 reasonable.
2872 (b) (i) When the bidder intends to perform the work of a subcontractor himself, the
2873 director may, by written request, require that the bidder provide the director with information
2874 indicating the bidder's:
2875 (A) previous experience in the type of work to be performed; and
2876 (B) qualifications for performing the work.
2877 (ii) The bidder must respond in writing within five business days of receiving the
2878 director's written request.
2879 (iii) If the bidder's submitted information causes the director to reasonably believe that
2880 self-performance of the portion of the work by the bidder is likely to yield a substandard
2881 finished product, the director shall:
2882 (A) require the bidder to use a subcontractor for the portion of the work in question and
2883 obtain the subcontractor bid under the supervision of the director; or
2884 (B) reject the bidder's bid.
2885 (c) (i) When the bidder intends to obtain a subcontractor to perform the work at a later
2886 date, the bidder shall provide documentation with the subcontractor list describing:
2887 (A) the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost;
2888 and
2889 (B) why the bidder was unable to obtain a qualified subcontractor bid.
2890 (ii) If the bidder who intends to obtain a subcontractor to perform the work at a later
2891 date is awarded a contract, the director shall supervise the bidder's efforts to obtain a qualified
2892 subcontractor bid.
2893 (iii) The director may not adjust the amount of the contract awarded in order to reflect
2894 the actual amount of the subcontractor's bid.
2895 (5) The division may not disclose any subcontractor bid amounts obtained under this
2896 section until the division has awarded the project to a contractor.
2897 (6) (a) The director shall, in consultation with the State Building Board, prepare draft
2898 rules establishing a process for resolving disputes involved with contracts under the division's
2899 procurement authority.
2900 (b) The draft rules shall be presented to the Government Operations Interim Committee
2901 for review, comment, and recommendations before August 31, 2004.
2902 (c) The director shall consider, and the rules may include:
2903 (i) requirements regarding preliminary resolution efforts between the parties directly
2904 involved with the dispute;
2905 (ii) requirements for the filing of claims, including notification, timeframes, and
2906 documentation;
2907 (iii) identification of the types of costs eligible for allocation and a method for
2908 allocating costs among the parties to the dispute;
2909 (iv) required time periods, not to exceed 60 days, for the resolution of the claim;
2910 (v) provision for an independent hearing officer, panel, or arbitrator to extend the time
2911 period for resolution of the claim by not to exceed 60 additional days for good cause;
2912 (vi) provision for the extension of required time periods if the claimant agrees;
2913 (vii) requirements that decisions be issued in writing;
2914 (viii) provisions for administrative appeals of the decision;
2915 (ix) provisions for the timely payment of claims after resolution of the dispute,
2916 including any appeals;
2917 (x) a requirement that the final determination resulting from the dispute resolution
2918 process provided for in the rules is a final agency action subject to judicial review as provided
2919 in Sections 63G-4-401 and 63G-4-402 ;
2920 (xi) a requirement that a claim or dispute that does not include a monetary claim
2921 against the division or its agents is not limited to the dispute resolution process provided for in
2922 this Subsection (6);
2923 (xii) requirements for claims and disputes to be eligible for this dispute resolution
2924 process;
2925 (xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
2926 (xiv) the circumstances under which a subcontractor may file a claim directly with the
2927 division.
2928 (d) Persons pursuing claims under the process required by this Subsection (6):
2929 (i) are bound by the decision reached under this process unless the decision is properly
2930 appealed; and
2931 (ii) may not pursue claims or disputes under the dispute resolution process established
2932 in Sections [
2933 (7) In addition to all other reasons allowed by law or rule, the director may reject all
2934 bids if none of the bidders whose bid is within the budget of the project submit a subcontractor
2935 list that meets the requirements of this section.
2936 (8) Any violation of this section, or any fraudulent misrepresentation by a contractor,
2937 subcontractor, or supplier, may be grounds for:
2938 (a) the contractor, subcontractor, or supplier to be suspended or debarred by the
2939 director; or
2940 (b) the contractor or subcontractor to be disciplined by the Division of Professional and
2941 Occupational Licensing.
2942 Section 60. Section 63A-5-302 is amended to read:
2943 63A-5-302. Leasing responsibilities of the director.
2944 (1) The director shall:
2945 (a) lease, in the name of the division, all real property space to be occupied by an
2946 agency;
2947 (b) in leasing space, comply with:
2948 (i) Title 63G, Chapter [
2949 (ii) any legislative mandates contained in the appropriations act or other specific
2950 legislation;
2951 (c) apply the criteria contained in Subsection (1)(e) to prepare a report evaluating each
2952 high-cost lease at least 12 months before it expires;
2953 (d) evaluate each lease under the division's control and apply the criteria contained in
2954 Subsection (1)(e), when appropriate, to evaluate those leases;
2955 (e) in evaluating leases:
2956 (i) determine whether or not the lease is cost-effective when the needs of the agency to
2957 be housed in the leased facilities are considered;
2958 (ii) determine whether or not another option such as construction, use of other
2959 state-owned space, or a lease-purchase agreement is more cost-effective than leasing;
2960 (iii) determine whether or not the significant lease terms are cost-effective and provide
2961 the state with sufficient flexibility and protection from liability;
2962 (iv) compare the proposed lease payments to the current market rates, and evaluate
2963 whether or not the proposed lease payments are reasonable under current market conditions;
2964 (v) compare proposed significant lease terms to the current market, and recommend
2965 whether or not these proposed terms are reasonable under current market conditions; and
2966 (vi) if applicable, recommend that the lease or modification to a lease be approved or
2967 disapproved;
2968 (f) based upon the evaluation, include in the report recommendations that identify
2969 viable alternatives to:
2970 (i) make the lease cost-effective; or
2971 (ii) meet the agency's needs when the lease expires; and
2972 (g) upon request, provide the information included in the report to:
2973 (i) the agency benefitted by the lease; and
2974 (ii) the Office of Legislative Fiscal Analyst.
2975 (2) The director may:
2976 (a) subject to legislative appropriation, enter into facility leases with terms of up to 10
2977 years when the length of the lease's term is economically advantageous to the state; and
2978 (b) with the approval of the State Building Board and subject to legislative
2979 appropriation, enter into facility leases with terms of more than 10 years when the length of the
2980 lease's term is economically advantageous to the state.
2981 Section 61. Section 63B-2-102 is amended to read:
2982 63B-2-102. Maximum amount -- Projects authorized.
2983 (1) The total amount of bonds issued under this part may not exceed $80,000,000.
2984 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
2985 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
2986 Subsection (2).
2987 (b) These costs may include the cost of acquiring land, interests in land, easements and
2988 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
2989 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
2990 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
2991 covered by construction of the projects plus a period of six months after the end of the
2992 construction period and all related engineering, architectural, and legal fees.
2993 (c) For the division, proceeds shall be provided for the following:
| 2994 | CAPITAL IMPROVEMENTS | ||
| 2995 | 1 | Alterations, Repairs, and Improvements | $8,413,900 |
| 2996 | TOTAL IMPROVEMENTS | $8,413,900 | |
| 2997 | CAPITAL FACILITIES CONSTRUCTION | |||
| 2998 |
PROJECT PRIORITY |
PROJECT DESCRIPTION |
AMOUNT FUNDED |
ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
| 2999 | 1 |
Corrections - Northern Utah Community Corrections Center Phase II |
$2,729,700 | $158,000 |
| 3000 | 2 |
University of Utah Marriot Library Phase II |
$10,200,000 | $881,600 |
| 3001 | 3 | Ogden Courts Building Phase II | $12,096,000 | $340,000 |
| 3002 | 4 |
Utah National Guard - Southeast Utah Armory Phase II |
$397,800 | $70,500 |
| 3003 | 5 |
Southern Utah University Library Phase II |
$7,004,400 | $427,000 |
| 3004 | 6 |
Utah Valley Special Events Center Phase II |
$11,845,300 | $536,900 |
| 3005 | 7 | Salt Lake Community College - Land | $1,300,000 | $0 |
| 3006 | 8 | Tax Commission Building | $14,224,000 | $812,000 |
| 3007 | 9 | Dixie College Business Building | $2,823,300 | $187,800 |
| 3008 | 10 |
Salt Lake Community College South City 3rd Floor and Boiler |
$4,009,500 | $257,600 |
| 3009 | 11 |
Public Education - Deaf and Blind Classrooms |
$3,456,100 | $124,800 |
| 3010 | TOTAL CONSTRUCTION | $70,086,100 | ||
| 3011 |
TOTAL IMPROVEMENTS AND CONSTRUCTION |
$78,500,000 | ||
3013 (i) are estimates only;
3014 (ii) may include any operations and maintenance costs already funded in existing
3015 agency budgets; and
3016 (iii) are not commitments by this Legislature or future Legislatures to fund those
3017 operations and maintenance costs.
3018 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
3019 constitute a limitation on the amount that may be expended for any project.
3020 (b) The board may revise these estimates and redistribute the amount estimated for a
3021 project among the projects authorized.
3022