S.B. 119 Enrolled

TRANSPORTATION OVERHEAD RATE LIMITATIONS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: John P. Holmgren
AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ALLOWING THE DEPARTMENT
OF TRANSPORTATION TO MAKE CERTAIN RULES LIMITING CERTAIN RATES
THAT MAY BE CHARGED UNDER CONTRACTS; PROVIDING FOR AUDITS;
REQUIRING ACCOUNTING AND AUDITING TO COMPLY WITH CERTAIN
PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
63-49-23, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-49-23 is enacted to read:
63-49-23. Rulemaking for cost limitations on contracts -- Auditing for compliance
-- Federal accounting and audit standards.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department may make rules for determining the allowability of costs included in contracts entered
into by the department for engineering and design services. The rules shall comply with the
provisions of 23 U.S.C. Section 112.
(2) The department may require a provider of engineering or design services to submit
annual audits or to submit to audits to determine compliance with the rules made under Subsection
(1). The audits may not be duplicative of federal audits under the Federal Acquisition Regulations
System, 48 C.F.R. Part 31.
(3) All engineering and design contracts and subcontracts entered into by the department
shall be accounted for and audited in compliance with the Federal Acquisition Regulations System,
48 C.F.R. Part 31.
Section 2. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect

upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the date
of veto override.

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