26-8a-405.1.   Selection of provider by political subdivision.
     (1) For purposes of this section and Sections 26-8a-405.2 and 26-8a-405.3:
     (a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911 paramedic service, or both and:
     (i) means a 911 call received by a designated dispatch center that receives 911 or E911 calls; and
     (ii) does not mean a seven digit telephone call received directly by an ambulance provider licensed under this chapter.
     (b) "Governing body" means:
     (i) in the case of a municipality or county, the elected council, commission, or other legislative body that is vested with the legislative power of the municipality;
     (ii) in the case of a special service district, local service district, or county service area, each elected council, commission, or other legislative body that is vested with the legislative power of the municipalities or counties that are members of the district or service area; and
     (iii) in the case of a local district or special service district for fire protection or interlocal entity, the board or other body vested with the power to adopt, amend, and repeal rules, bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.
     (c) "Political subdivision" means:
     (i) a city or town located in a county of the first or second class as defined in Section 17-50-501;
     (ii) a county of the first or second class;
     (iii) the following districts located in a county of the first or second class:
     (A) a special service district created under Title 17D, Chapter 1, Special Service District Act; and
     (B) a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, for the purpose of providing fire protection, paramedic, and emergency services; or
     (iv) areas coming together as described in Subsection 26-8a-405.2(2)(b)(ii);
     (v) municipalities and counties joining together pursuant to Title 11, Chapter 13, Interlocal Cooperation Act; or
     (vi) a special service district for fire protection service under Subsection 17D-1-201(9).
     (2) (a) Only an applicant approved under Section 26-8a-405 may respond to a request for a proposal for 911 ambulance or paramedic services issued in accordance with Section 26-8a-405.2 by a political subdivision.
     (b) A response to a request for proposal is subject to the maximum rates established by the department under Section 26-8a-403.
     (c) A political subdivision may award a contract to an applicant for the provision of 911 ambulance or paramedic services:
     (i) in accordance with Section 26-8a-405.2; and
     (ii) subject to Subsection (3).
     (3) (a) The department shall issue a license to an applicant selected by a political subdivision under Subsection (2) unless the department finds that issuing a license to that applicant would jeopardize the health, safety, and welfare of the citizens of the geographic service area.
     (b) A license issued under this Subsection (3):
     (i) is for the exclusive geographic service area approved by the department in accordance

with Subsection 26-8a-405.2(2);
     (ii) is valid for four years;
     (iii) is not subject to a request for license from another applicant under the provisions of Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license is revoked under Section 26-8a-504; and
     (iv) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504.
     (4) Except as provided in Subsection 26-8a-405.3(4)(a), the provisions of Sections 26-8a-406 through 26-8a-409 do not apply to a license issued under this section.

Amended by Chapter 360, 2008 General Session
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Last revised: Wednesday, July 23, 2008