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H.B. 350





Sponsor: Raymond W. Short

8    This act affects sections of Utah Code Annotated 1953 as follows:
9    ENACTS:
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) "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.
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:

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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
4    others;
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
12    applications.
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.

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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        (2) open grant applications in a public meeting and announce only the name of each grant
9    applicant;
10        (3) prepare a register of grant applications that identifies the name of the grant applicant,
11    the date upon which the grant application was submitted, and the use to which the grant applicant
12    will put the grant;
13        (4) make the register of grant applications open to public inspection;
14        (5) make the grant application of the successful applicants open to public inspection for
15    a period of 90 days after selection; and
16        (6) ensure that grant applications of unsuccessful applicants are classified protected.
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
21    applications.
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

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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
29    office.
30        Section 9. Section 63-38d-206 is enacted to read:
31         63-38d-206. Appeals.

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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.
3        (b) The chief executive officer shall decide the appeal within 30 calendar days after it is
4    received.
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
8    Committee.

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

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