First Substitute S.B. 22
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill requires that all government entities advertise job openings on the state
10 website and that the Division of Purchasing provide contact information for companies
11 that contract with the state.
12 Highlighted Provisions:
13 This bill:
14 . requires all government entities to advertise job openings on the state's website; and
15 . adds a provision to the procurement code requiring that language be added into
16 contracts and requests for proposals that require the Division of Purchasing to
17 provide employment contact information to the Department of Workforce Services
18 for private contractors that contract with state entities.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 35A-1-102 , as last amended by Laws of Utah 2012, Chapter 41
26 35A-2-203 , as last amended by Laws of Utah 2011, Chapter 188
27 63G-6a-1202 , as last amended by Laws of Utah 2013, Chapter 445
28 67-19-15 , as last amended by Laws of Utah 2013, Chapter 109
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 35A-1-102 is amended to read:
32 35A-1-102. Definitions.
33 Unless otherwise specified, as used in this title:
34 (1) "Client" means an individual who the department has determined to be eligible for
35 services or benefits under:
36 (a) Chapter 3, Employment Support Act; and
37 (b) Chapter 5, Training and Workforce Improvement Act.
38 (2) "Department" means the Department of Workforce Services created in Section
39 35A-1-103 .
40 (3) "Economic service area" means an economic service area established in accordance
41 with Chapter 2, Economic Service Areas.
42 (4) "Employment assistance" means services or benefits provided by the department
43 under:
44 (a) Chapter 3, Employment Support Act; and
45 (b) Chapter 5, Training and Workforce Improvement Act.
46 (5) "Employment center" is a location in an economic service area where the services
47 provided by an economic service area under Section 35A-2-201 may be accessed by a client.
48 (6) "Employment counselor" means an individual responsible for developing an
49 employment plan and coordinating the services and benefits under this title in accordance with
50 Chapter 2, Economic Service Areas.
51 (7) "Employment plan" means a written agreement between the department and a client
52 that describes:
53 (a) the relationship between the department and the client;
54 (b) the obligations of the department and the client; and
55 (c) the result if an obligation is not fulfilled by the department or the client.
56 (8) "Executive director" means the executive director of the department appointed
57 under Section 35A-1-201 .
58 (9) "Government entity" means the state or any county, municipality, local district,
59 special service district, or other political subdivision or administrative unit of the state,
60 including state institutions of education as defined in Section 53B-2-1010 .
61 [
62 (a) services or benefits provided under Chapter 3, Employment Support Act;
63 (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
64 (c) foster care maintenance payments provided from the General Fund or under Title
65 IV-E of the Social Security Act;
66 (d) SNAP benefits; and
67 (e) any other public funds expended for the benefit of a person in need of financial,
68 medical, food, housing, or related assistance.
69 [
70 under Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known
71 as the federal Food Stamp Program.
72 [
73 privilege available under SNAP.
74 [
75 psychological needs of the client so that the client may take advantage of training or
76 employment opportunities provided under this title or through other agencies or institutions.
77 Section 2. Section 35A-2-203 is amended to read:
78 35A-2-203. Employment centers.
79 (1) In each county within an economic service area, the executive director shall:
80 (a) designate the location of one or more employment centers, as defined in Section
81 35A-1-102 , in which the services are provided by the department; or
82 (b) coordinate with the department to establish access to the services provided by the
83 department by means other than an employment center.
84 (2) An employment center shall provide a comprehensive program of employment
85 services including job placement, job development, stabilization, assessment, and job training
86 through its employment counselors as part of a system of unified case management.
87 (3) The department may make services that are provided through employment centers
88 under this section accessible through electronic linkage.
89 (4) The department shall develop and maintain a website dedicated to providing
90 information regarding employment opportunities available throughout the state.
91 (5) (a) A government entity shall post each job vacancy within the government entity
92 on the department's website.
93 (b) Information regarding job vacancies with private contractors that have contracted
94 with a government entity shall be made available to the department for posting on the
95 department's website by the department. The information made available by the issuing
96 procurement unit shall include the name and phone number of the contact person for inquiries
97 and the start and end dates of the contract. This information shall be available for the duration
98 of the contract.
99 (c) A faculty related job vacancy and a job vacancy for a part-time wage related job
100 typically filled by students at state institutions of higher education as defined in Section
101 53B-2-1010 are exempt from the requirements of (5)(a).
102 Section 3. Section 63G-6a-1202 is amended to read:
103 63G-6a-1202. Required contract clauses -- Computation of price adjustments --
104 Use of rules and regulations.
105 (1) The rules of the applicable rulemaking authority shall require for state construction
106 contracts, and may permit or require for contracts for supplies and services, the inclusion of
107 clauses providing for adjustments in prices, time of performance, or other appropriate contract
108 provisions, and covering the following subjects:
109 (a) the unilateral right of the procurement officer to order in writing changes in the
110 work within the scope of the contract and changes in the time of performance of the contract
111 that do not alter the scope of the contract work;
112 (b) variations occurring between estimated quantities of work in a contract and actual
113 quantities;
114 (c) suspension of work ordered by the procurement officer; and
115 (d) site conditions differing from those indicated in the construction contract, or
116 ordinarily encountered, except that differing site conditions clauses required by the rules need
117 not be included in a construction contract when:
118 (i) the contract is negotiated;
119 (ii) the contractor provides the site or design; or
120 (iii) the parties have otherwise agreed with respect to the risk of differing site
121 conditions.
122 (2) Adjustments in price pursuant to clauses described in Subsection (1) shall be
123 computed in one or more of the following ways:
124 (a) by agreement on a fixed price adjustment before commencement of the pertinent
125 performance or as soon thereafter as practicable;
126 (b) by unit prices specified in the contract or subsequently agreed upon;
127 (c) by the costs attributable to the events or situations under the clauses with
128 adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
129 (d) in any other manner as the contracting parties may mutually agree; or
130 (e) in the absence of agreement by the parties, by a unilateral determination by the
131 procurement officer of the costs attributable to the events or situations under the clauses with
132 adjustment of profit or fee, all as computed by the procurement officer in accordance with
133 applicable rules and subject to the provisions of Part 17, Procurement Appeals Board, and Part
134 18, Appeals to Court and Court Proceedings.
135 (3) A contractor shall be required to submit cost or pricing data if any adjustment in
136 contract price is subject to the provisions of Section 63G-6a-1206 .
137 (4) The rules of the applicable rulemaking authority shall require for construction
138 contracts, and may permit or require for contracts for supplies and services, the inclusion of
139 clauses providing for appropriate remedies and covering at least the following subjects:
140 (a) liquidated damages as appropriate;
141 (b) specified excuses for delay or nonperformance;
142 (c) termination of the contract for default; and
143 (d) termination of the contract in whole or in part for the convenience of the
144 procurement unit.
145 (5) The rules of the applicable rulemaking authority for the governmental entity shall
146 require, for each contract and request for proposals, the inclusion of a clause that requires the
147 issuing procurement unit, for the duration of the contract, to make available contact
148 information of the winning contractor to the Department of Workforce Services in accordance
149 with Section 35A-2-203 . This requirement does not preclude a contractor from advertising job
150 openings in other forums throughout the state.
151 [
152 However, the procurement officer or the head of an issuing procurement unit may modify the
153 clauses for inclusion in any particular contract. The applicable rulemaking authority may, by
154 rule, require that:
155 (a) variations be supported by a written determination that describes the circumstances
156 justifying the variations; and
157 (b) notice of any material variation shall be included in the invitation for bids or
158 request for proposals.
159 [
160 clause that addresses the rights of the parties when, after the contract is executed, site
161 conditions are discovered that:
162 (a) the contractor did not know existed, and should not have known existed, at the time
163 that the contract was executed; and
164 (b) materially impacts the costs of construction.
165 Section 4. Section 67-19-15 is amended to read:
166 67-19-15. Career service -- Exempt positions -- Schedules for civil service
167 positions -- Coverage of career service provisions.
168 (1) Except as otherwise provided by law or by rules and regulations established for
169 federally aided programs, the following positions are exempt from the career service provisions
170 of this chapter and are designated under the following schedules:
171 (a) schedule AA includes the governor, members of the Legislature, and all other
172 elected state officers;
173 (b) schedule AB includes appointed executives and board or commission executives
174 enumerated in Section 67-22-2 ;
175 (c) schedule AC includes all employees and officers in:
176 (i) the office and at the residence of the governor;
177 (ii) the Utah Science Technology and Research Initiative (USTAR);
178 (iii) the Public Lands Policy Coordinating Council;
179 (iv) the Office of the State Auditor; and
180 (v) the Office of the State Treasurer;
181 (d) schedule AD includes employees who:
182 (i) are in a confidential relationship to an agency head or commissioner; and
183 (ii) report directly to, and are supervised by, a department head, commissioner, or
184 deputy director of an agency or its equivalent;
185 (e) schedule AG includes employees in the Office of the Attorney General who are
186 under their own career service pay plan under Sections 67-5-7 through 67-5-13 ;
187 (f) schedule AH includes:
188 (i) teaching staff of all state institutions; and
189 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
190 (A) educational interpreters as classified by the department; or
191 (B) educators as defined by Section 53A-25b-102 ;
192 (g) schedule AN includes employees of the Legislature;
193 (h) schedule AO includes employees of the judiciary;
194 (i) schedule AP includes all judges in the judiciary;
195 (j) schedule AQ includes:
196 (i) members of state and local boards and councils appointed by the governor and
197 governing bodies of agencies;
198 (ii) other local officials serving in an ex officio capacity; and
199 (iii) officers, faculty, and other employees of state universities and other state
200 institutions of higher education;
201 (k) schedule AR includes employees in positions that involve responsibility:
202 (i) for determining policy;
203 (ii) for determining the way in which a policy is carried out; or
204 (iii) of a type not appropriate for career service, as determined by the agency head with
205 the concurrence of the executive director;
206 (l) schedule AS includes any other employee:
207 (i) whose appointment is required by statute to be career service exempt;
208 (ii) whose agency is not subject to this chapter; or
209 (iii) whose agency has authority to make rules regarding the performance,
210 compensation, and bonuses for its employees;
211 (m) schedule AT includes employees of the Department of Technology Services,
212 designated as executive/professional positions by the executive director of the Department of
213 Technology Services with the concurrence of the executive director;
214 (n) schedule AU includes patients and inmates employed in state institutions;
215 (o) employees of the Department of Workforce Services, designated as schedule AW:
216 (i) who are temporary employees that are federally funded and are required to work
217 under federally qualified merit principles as certified by the director; or
218 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
219 based, and who voluntarily apply for and are accepted by the Department of Workforce
220 Services to work in a pay for performance program designed by the Department of Workforce
221 Services with the concurrence of the executive director; and
222 (p) for employees in positions that are temporary, seasonal, time limited, funding
223 limited, or variable hour in nature, under schedule codes and parameters established by the
224 department by administrative rule.
225 (2) The civil service shall consist of two schedules as follows:
226 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
227 (ii) Removal from any appointive position under schedule A, unless otherwise
228 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
229 (b) Schedule B is the competitive career service schedule, consisting of:
230 (i) all positions filled through competitive selection procedures as defined by the
231 executive director; or
232 (ii) positions filled through a department approved on the job examination intended to
233 appoint a qualified person with a disability or a veteran as defined in Section 71-10-1 .
234 (3) (a) The executive director, after consultation with the heads of concerned executive
235 branch departments and agencies and with the approval of the governor, shall allocate positions
236 to the appropriate schedules under this section.
237 (b) Agency heads shall make requests and obtain approval from the executive director
238 before changing the schedule assignment and tenure rights of any position.
239 (c) Unless the executive director's decision is reversed by the governor, when the
240 executive director denies an agency's request, the executive director's decision is final.
241 (4) (a) Compensation for employees of the Legislature shall be established by the
242 directors of the legislative offices in accordance with Section 36-12-7 .
243 (b) Compensation for employees of the judiciary shall be established by the state court
244 administrator in accordance with Section 78A-2-107 .
245 (c) Compensation for officers, faculty, and other employees of state universities and
246 institutions of higher education shall be established as provided in Title 53B, Chapters 1,
247 Governance, Powers, Rights, and Responsibilities, and 2, Institutions of Higher Education.
248 (d) Unless otherwise provided by law, compensation for all other schedule A
249 employees shall be established by their appointing authorities, within ranges approved by, and
250 after consultation with the executive director of the Department of Human Resource
251 Management.
252 (5) An employee who is in a position designated schedule AC and who holds career
253 service status on June 30, 2010, shall retain the career service status if the employee:
254 (a) remains in the position that the employee is in on June 30, 2010; and
255 (b) does not elect to convert to career service exempt status in accordance with a rule
256 made by the department.
[Bill Documents][Bills Directory]