Section 1. Section 51-7-2 is amended to read:51-7-2Effective 05/06/26Partially Repealed 07/01/28. Exemptions from chapter.(1)Except as provided in Subsection (2), the following funds are exempt from this chapter:(a)funds invested in accordance with the participating employees' designation or direction pursuant to a public employees' deferred compensation plan established and operated in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;(b)funds of the Utah State Retirement Board;(c)funds of the Utah Housing Corporation;(d)endowment funds of higher education institutions, including funds of the Higher Education Student Success Endowment, created in Section 53H-8-402;(e)permanent and other land grant trust funds established pursuant to the Utah Enabling Act and the Utah Constitution;(f)the State Post-Retirement Benefits Trust Fund;(g)the funds of the Utah Educational Savings Plan;(h)funds of the permanent state trust fund created by and operated under Utah Constitution, Article XXII, Section 4;(i)the funds in the Navajo Trust Fund;(j)the funds in the Radioactive Waste Perpetual Care and Maintenance Account;(k)the funds in the Employers' Reinsurance Fund;(l)the funds in the Uninsured Employers' Fund;(m)the Utah State Developmental Center Long-Term Sustainability Fund, created in Section 26B-1-331;(n)the funds in the Risk Management Fund created in Section 63A-4-201;(o)the Utah fund of funds created in Section 63N-6-401;(p)the funds deposited into the Utah Homes Investment Program from the Transportation Infrastructure General Fund Support Subfund created in Section 72-2-134;(q)subject to Subsection 67-4-19(2), the portion of the funds in the following accounts invested by the state treasurer in precious metals:(i)the State Disaster Recovery Restricted Account, created in Section 53-2a-603;(ii)the General Fund Budget Reserve Account, created in Section 63J-1-312;(iii)the Income Tax Fund Budget Reserve Account, created in Section 63J-1-313; and(iv)the Medicaid Growth Reduction and Budget Stabilization Account, created in Section 63J-1-315;(r)except as provided in Section 11-13-533, the funds of a public agency insurance mutual as that term is defined in Subsection 31A-1-103(7)(a);(s)the State Sovereignty Fund created in Section 51-13-201; and(t)the funds in the Opioid Litigation Proceeds Fund, created in Section 51-9-801.51-9-801; and(u)the State Purchasing Reserve Restricted Account, created in Section 67-4-20.(2)Except for the funds of the Utah State Retirement Board and the Utah Educational Savings Plan, the funds described in Subsection (1) are not exempt from Subsections 51-7-14(2) and (3).(3)Notwithstanding Title 52, Chapter 4, Open and Public Meetings Act, a public body that administers a fund described in Subsection (1) may hold a closed meeting to discuss the sale or purchase of identifiable securities, investment funds, or investment contracts.(4)A paper, electronic, or other depiction or record of information relating to investment activities of a fund described in Subsection (1) is not subject to Title 63G, Chapter 2, Government Records Access and Management Act.

Section 2. Section 63G-6a-2105 is amended to read:63G-6a-2105Effective 05/06/26. Cooperative procurements -- Contracts with federal government -- Regional solicitations.(1)(a)The chief procurement officer may, in accordance with the requirements of this chapter, enter into a cooperative procurement, and a contract that is awarded as a result of a cooperative procurement, with:(a)(i)another state;(b)(ii)a cooperative purchasing organization; or(c)(iii)a public entity inside or outside the state.; or(iv)a government entity outside the state.(b)(i)Except for a contract the chief procurement officer exempts from administrative fees, the chief procurement officer shall ensure that each contract resulting from a state cooperative procurement with a public entity includes an administrative fee equal to 0.5% of the total price the public entity pays for procurement items under the contract.(ii)The fee described in Subsection (1)(b)(i) is in addition to any administrative fee the chief procurement officer includes under the chief procurement officer's authority described in Subsection 63G-6a-303(2)(b).(iii)The division shall deposit revenue from the administrative fee described in this Subsection (1)(b) into the State Purchasing Reserve Restricted Account created in Section 67-4-20.(2)A public entity, nonprofit organization, or, as permitted under federal law, an agency of the federal government, may obtain a procurement item from a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1)(1)(a), without signing a participating addendum if the solicitation issued by the chief procurement officer to obtain the contract includes a statement indicating that the resulting contract will be issued for the benefit of public entities and, as applicable, nonprofit organizations and agencies of the federal government.(3)Except as provided in Section 63G-6a-506, or as otherwise provided in this chapter, an executive branch procurement unit may not obtain a procurement item from a source other than a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1)(1)(a), if the procurement item is available under a state cooperative contract or a contract awarded by the chief procurement officer under Subsection (1)(1)(a).(4)A Utah procurement unit may:(a)contract with the federal government without going through a standard procurement process or an exception to a standard procurement process, described in Part 8, Exceptions to Procurement Requirements, if the procurement item obtained under the contract is provided:(i)directly by the federal government and not by a person contracting with the federal government; or(ii)by a person under contract with the federal government that obtained the contract in a manner that substantially complies with the provisions of this chapter;(b)participate in, sponsor, conduct, or administer a cooperative procurement with another Utah procurement unit or another public entity in Utah, if:(i)each party unit involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;(ii)the procurement is conducted, and the contract awarded, in accordance with the requirements of this chapter;(iii)the solicitation:(A)clearly indicates that the procurement is a cooperative procurement; and(B)identifies each party that may purchase under the resulting contract; and(iv)each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract; or(c)purchase under, or otherwise participate in, an agreement or contract of a cooperative purchasing organization, if:(i)each party involved in the cooperative procurement enters into an agreement describing the rights and duties of each party;(ii)the procurement was conducted in accordance with the requirements of this chapter;(iii)the solicitation:(A)clearly indicates that the procurement is a cooperative procurement; and(B)identifies each party that may purchase under the resulting contract; and(iv)each party involved in the cooperative procurement signs a participating addendum describing its rights and obligations in relation to the resulting contract.(5)A procurement unit may not obtain a procurement item under a contract that results from a cooperative procurement described in Subsection (4), unless the procurement unit:(a)is identified under Subsection (4)(b)(iii)(B) or (4)(c)(iii)(B); and(b)signs a participating addendum to the contract as required by this section.(6)A procurement unit, other than a legislative procurement unit or a judicial procurement unit, may not obtain a procurement item under a contract held by the United States General Services Administration, unless, based upon documentation provided by the procurement unit, the Director of the State Division of Purchasing and General Services determines in writing that the United States General Services Administration procured the contract in a manner that substantially complies with the provisions of this chapter.(7)(a)As used in this Subsection (7), "regional solicitation" means a solicitation issued by the chief procurement officer for the procurement of a procurement item within a specified geographical region of the state.(b)In addition to any other duty or authority under this section, the chief procurement officer shall:(i)after considering board recommendations, develop a plan for issuing regional solicitations; and(ii)after developing a plan, issue regional solicitations for procurement items in accordance with the plan and this chapter.(c)A plan under Subsection (7)(b) shall:(i)define the proposed regional boundaries for regional solicitations;(ii)specify the types of procurement items for which a regional solicitation may be issued; and(iii)identify the regional solicitations that the chief procurement officer plans to issue.(d)A regional solicitation shall require that a person responding to the solicitation offer similar warranties and submit to similar obligations as are standard under other state cooperative contracts.(e)Except as authorized by the chief procurement officer, a procurement item that is available under a state cooperative contract may not be provided under a contract pursuant to a regional solicitation until after the expiration of the state cooperative contract.

Section 3. Section 67-4-20 is enacted to read:67-4-20Effective 05/06/26. State Purchasing Reserve Restricted Account.(1)As used in this section, "precious metal" means the same as that term is defined in Section 61-1-13.(2)There is created within the General Fund a restricted account known as the State Purchasing Reserve Restricted Account.(3)The account is funded by:(a)revenue from the fee created in Subsection 63G-6a-2105(1)(b); and(b)the appreciated value of investments made with the money deposited into the account.(4)(a)The state treasurer shall invest the money in the account in precious metals.(b)The requirements of Subsections 51-7-14(2) and (3) apply to the state treasurer's investment in precious metals under this section.(5)(a)The Legislature may appropriate money from the account:(i)if the Chained Consumer Price Index is at least two standard deviations above the 15 year mean of the Chained Consumer Price Index; and(ii)for the purpose of offsetting the cost of procuring goods and services for public entities and ensuring continuity in public entities' procurement of goods and services.(b)When appropriating money from the account, the Legislature shall make reasonable efforts in light of the circumstances to ensure the appropriated money benefits each public entity that participates in a state cooperative procurement.(6)When the Legislature appropriates money from the account, the state treasurer shall sell investments sufficient to effectuate the appropriation.

Section 4. Effective Date.This bill takes effect on May 6, 2026.