Download Zipped Amended WP 6.1 HB0350.ZIP 12,478 Bytes
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ESTABLISHING A UNIFORM
6 PROCESS FOR AWARDING STATE AGENCIES TO USE WHEN SOLICITING,
7 EVALUATING, AND AWARDING GRANTS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
10 63-38d-101, Utah Code Annotated 1953
11 63-38d-102, Utah Code Annotated 1953
12 63-38d-103, Utah Code Annotated 1953
13 63-38d-201, Utah Code Annotated 1953
14 63-38d-202, Utah Code Annotated 1953
15 63-38d-203, Utah Code Annotated 1953
16 63-38d-204, Utah Code Annotated 1953
17 63-38d-205, Utah Code Annotated 1953
18 63-38d-206, Utah Code Annotated 1953
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 63-38d-101 is enacted to read:
22 63-38d-101. Title.
23 This chapter is known as "State Grant Procedures."
24 Section 2. Section 63-38d-102 is enacted to read:
25 63-38d-102. Definitions.
26 As used in this chapter:
27 (1) (a) "Agency" means each department, commission, board, council, agency, institution,
1 officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
2 panel, or other administrative unit of the state that is authorized to award a grant.
3 (b) "Agency" does not include the legislative branch, the board of regents, or the
4 institutional councils of each higher education institution.
5 (2) (a) "Grant" means a gift of money that an agency is statutorily authorized to award
6 from money appropriated by the Legislature to an identifiable class of persons without any
7 requirement that the money be repaid.
8 (b) h "GRANT" DOES NOT MEAN:
8a (i) THE DISTRIBUTION OF FEDERAL FUNDS;
8b (ii) THE ALLOCATION OF STATE FUNDS TO OTHER STATE ENTITIES PURSUANT TO
8c LEGISLATIVE AUTHORIZATION;
8d h (iii) PUBLIC ASSISTANCE DISTRIBUTED UNDER AUTHORITY OF STATE OR
8e FEDERAL LAW; h OR
8f h [
8g AWARDING THE GRANT HAS NO DISCRETION TO DETERMINE WHO RECEIVES THE MONIES OR HOW
8h MUCH MONEY THEY RECEIVE. h
8i h (c) h "Grant" does not include loans or discretionary funds.
9 (3) "Grant committee" means the committee created by Section 63-38d-201.
10 (4) "Substantial interest" means the ownership, either legally or equitably, by an
11 individual, his spouse, or his minor children, of at least 10% of the outstanding capital stock of a
12 public or private corporation or a 10% interest in any other business entity.
13 Section 3. Section 63-38d-103 is enacted to read:
14 63-38d-103. Application of statute.
15 (1) Except as provided in Subsection (2), each agency shall comply with this chapter when
16 awarding grants.
17 (2) If the provisions of this chapter conflict with the provisions of the statute granting an
18 agency the authority to disburse grants, the provisions of the statute granting an agency the
19 authority to disburse grants prevails.
20 Section 4. Section 63-38d-201 is enacted to read:
21 63-38d-201. Grant committee -- Qualifications -- Conflicts of interest.
lilac-February 27, 1997
22 (1) When directed by the Legislature to disburse grants, an agency shall form a grant
23 committee composed of at least three but not more than five persons who meet the qualifications
24 and requirements of this chapter.
25 (2) (a) The agency may select state officers, state employees, members of the public, or
26 some combination of those to be members of the grant committee.
27 (b) The agency may not select any person to be a member of the grant committee who has
28 a substantial interest in, or is an officer, employee, or volunteer serving, a public corporation,
29 private corporation, or other business entity or governmental entity that might apply for or be a
30 recipient of a grant from the committee.
31 (3) (a) A person selected to be a member of the grant committee may not:
lilac-February 27, 1997
1 (i) disclose or improperly use private, controlled, or protected information acquired by
2 reason of his official position or in the course of official duties in order to further substantially the
3 member's personal economic interest or to secure special privileges or exemptions for himself or
5 (ii) use or attempt to use his official position to:
6 (A) further substantially the member's personal economic interest; or
7 (B) secure special privileges for himself or others.
8 (b) Each person who violates this Subsection (3) is guilty of a class B misdemeanor.
9 Section 5. Section 63-38d-202 is enacted to read:
10 63-38d-202. Request for grant applications.
11 (1) The grant committee shall begin the grant process by issuing a request for grant
13 (2) (a) The request for grant applications shall include the following:
14 (i) instructions and information to potential grant applicants concerning the grant
15 application submission requirements, including the time and closing date for submission of grant
16 applications, the address of the office to which grant applications are to be delivered, and any other
17 special information;
18 (ii) the evaluation factors, distribution schedule, and any acceptance requirements;
19 (iii) a statement that discussions may be conducted with grant applicants who submit grant
20 applications that the committee determines to be reasonably susceptible of being selected for
21 award, but that grants may be made without discussions; and
22 (iv) the terms and conditions of the grant, including any requirements imposed by state
23 or federal law.
24 (b) The request for grant applications may incorporate documents by reference provided
25 that the request specifies where the documents can be obtained.
26 (c) The manner in which proposals are to be submitted, including any forms for that
27 purpose, may be designated as a part of the request for grant applications.
28 (3) (a) The grant committee shall mail or otherwise furnish copies of the request for grant
29 applications to a sufficient number of potential grant applicants to secure reasonable competition.
30 (b) The committee shall make a copy of the request for grant applications available for
31 public inspection at the agency office.
1 Section 6. Section 63-38d-203 is enacted to read:
2 63-38d-203. Opening and registering requests for grant applications.
3 The committee shall:
4 (1) ensure that the agency:
5 (a) time stamps the grant applications upon receipt; and
6 (b) keeps each grant application confidential and in a secure place until the date for
7 opening the applications;
8 h [
10 h [
11 the date upon which the grant application was submitted, and the use to which the grant applicant
12 will put the grant;
13 h [
14 h [
14a inspection for
15 a period of 90 days after selection; and
16 h [
17 Section 7. Section 63-38d-204 is enacted to read:
18 63-38d-204. Evaluation of grant applications.
19 (1) (a) The committee shall evaluate each grant application based upon the grant
20 requirements imposed by statute and the evaluation factors set forth in the request for grant
22 (b) The committee may use a numerical rating system.
23 (c) The committee may not use factors not specified in the request for grant applications
24 in determining award of grant.
25 (2) (a) The committee may for the purpose of conducting discussions under this
26 Subsection (2), perform a preliminary evaluation of grant applications and classify each
27 application as:
28 (i) acceptable;
29 (ii) potentially acceptable, that is, reasonably susceptible of being made acceptable; or
30 (iii) unacceptable.
31 (b) The committee may hold discussions with grant applicants whose grant applications
lilac-February 27, 1997
1 were classified "acceptable" or "potentially acceptable" to facilitate and encourage an adequate
2 number of grant applicants to offer their best grant applications, by amending their original
3 applications, if needed.
4 (c) The committee shall:
5 (i) ensure that grant applicants are accorded fair and equal treatment with respect to any
6 opportunity for discussions and revisions of grant applications;
7 (ii) establish procedures and schedules for conducting discussions; and
8 (iii) require the grant applicant to submit any oral clarification or change of a grant
9 application in writing to the committee.
10 (d) The committee may not use auction techniques or disclose any information derived
11 from competing grant applications.
12 (3) (a) The committee shall establish a common time and date for submission of best and
13 final offers.
14 (b) The committee may not discuss the best and final offers with grant applicants or allow
15 changes in grant applications before grants are awarded.
16 Section 8. Section 63-38d-205 is enacted to read:
17 63-38d-205. Award.
18 (1) The committee shall apply the grant requirements imposed by statute and the factors
19 set forth in the request for grant applications in deciding whether or not to award a grant.
20 (2) The committee shall make a written determination showing the basis on which grant
21 was made, identifying how the grant applicant meets the grant requirements imposed by statute
22 and the factors set forth in the request for grant applications.
23 (3) If the committee receives only one grant application in response to a request for grant
24 applications, the committee may either:
25 (a) award the grant to that applicant; or
26 (b) if time permits, resolicit for the purpose of obtaining additional grant applications.
27 (4) After grants are awarded, the committee shall give notice of the award to each
28 successful applicant and make the notice of award available for public inspection in the agency
30 Section 9. Section 63-38d-206 is enacted to read:
31 63-38d-206. Appeals.
1 (1) (a) Each grant applicant aggrieved by a decision of a grant committee may appeal that
2 decision to the chief executive officer to the agency h WITHIN FIVE BUSINESS DAYS AFTER THE
2a GRANT IS AWARDED h .
3 (b) The chief executive officer shall decide the appeal within 30 calendar days after it is
5 (2) If the chief executive officer of the agency does not rule on the appeal within 30
6 calendar days, or if the grant applicant is aggrieved by the chief executive officer's decision, the
7 grant applicant may appeal the decision to the Legislature's interim Executive Appropriations
Legislative Review Note
as of 2-5-97 4:07 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
lilac-February 27, 1997
[Bill Documents][Bills Directory]