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Second Substitute S.B. 153
This document includes House Floor Amendments incorporated into the bill on Wed, Mar 7, 2012 at 8:14 PM by lerror. -->
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7 LONG TITLE
8 General Description:
9 This bill recodifies and amends the Utah Procurement Code.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . describes requirements and procedures relating to procurements and procurement
14 processes by public entities;
15 . describes the applicability of the Utah Procurement Code;
16 . grants rulemaking authority;
17 . describes the duties and powers of the Division of Purchasing and General Services;
18 . provides for exemptions from certain provisions of the Utah Procurement Code;
19 . describes the duties and powers of the Utah State Procurement Policy Board and the
20 procurement advisory councils;
21 . describes the duties and powers of the chief procurement officer;
22 . provides for exceptions to procurement process requirements;
23 . addresses cancellations, rejections, and debarment;
24 . addresses reciprocal preferences and purchase from community rehabilitation
25 programs;
26
27 Advisory Board;
28 . describes bid security and bond requirements;
29 . describes requirements relating to contracts and change orders;
30 . describes requirements relating to construction procurement and contracts;
31 . describes requirements relating to architect-engineer services;
32 . describes procedures, requirements, and limitations relating to controversies,
33 protests, appeals, and judicial action;
34 . addresses the retention of records;
35 . addresses interaction between public procurement units;
36 . establishes ethical practice provisions relating to procurements;
37 . amends existing, and enacts new, criminal provisions and penalties relating to
38 procurements; and
39 . makes technical changes.
40 Money Appropriated in this Bill:
41 None
42 Other Special Clauses:
43 This bill takes effect on May 1, 2013.
44 This bill coordinates with S.B. 114, Contesting Public Procurements, by providing
45 substantive and technical amendments.
46 This bill coordinates with S.B. 165, Redevelopment Agency Amendments, by
47 providing substantive and technical amendments.
48 Utah Code Sections Affected:
49 AMENDS:
50 7-1-323, as last amended by Laws of Utah 2008, Chapter 382
51 7-2-21, as last amended by Laws of Utah 2008, Chapter 382
52 9-4-704, as last amended by Laws of Utah 2011, Chapter 342
53 9-4-906, as last amended by Laws of Utah 2008, Chapter 382
54 9-4-1602, as enacted by Laws of Utah 2011, Chapter 217
55 10-3-1304, as last amended by Laws of Utah 2008, Chapter 382
56 10-3-1305, as last amended by Laws of Utah 2008, Chapter 382
57
58 11-17-20, as last amended by Laws of Utah 2008, Chapter 382
59 11-39-101, as last amended by Laws of Utah 2008, Chapters 360 and 382
60 11-39-107, as last amended by Laws of Utah 2011, Chapter 387
61 11-44-202, as enacted by Laws of Utah 2010, Chapter 244
62 11-44-301, as enacted by Laws of Utah 2010, Chapter 244
63 13-2-9, as last amended by Laws of Utah 2008, Chapter 382
64 14-1-18, as last amended by Laws of Utah 2008, Chapter 382
65 17-16a-4, as last amended by Laws of Utah 2008, Chapter 382
66 17-43-202, as last amended by Laws of Utah 2008, Chapter 382
67 17-43-302, as last amended by Laws of Utah 2008, Chapter 382
68 17-53-225, as last amended by Laws of Utah 2008, Chapter 382
69 17-53-313, as last amended by Laws of Utah 2008, Chapter 382
70 17B-1-108, as last amended by Laws of Utah 2008, Chapter 382
71 17B-2a-818, as last amended by Laws of Utah 2010, Chapter 281
72 17B-2a-818.5, as last amended by Laws of Utah 2011, Chapters 297 and 400
73 17D-1-106, as last amended by Laws of Utah 2011, Chapters 40, 106, 205, and 209
74 17D-2-108, as enacted by Laws of Utah 2008, Chapter 360
75 19-1-206, as last amended by Laws of Utah 2011, Chapters 297 and 400
76 20A-11-701, as last amended by Laws of Utah 2011, Chapter 396
77 26-8a-405.3, as last amended by Laws of Utah 2011, Chapter 297
78 26-8a-405.5, as last amended by Laws of Utah 2011, Chapter 297
79 26-10-8, as enacted by Laws of Utah 2010, Chapter 413
80 26-10b-102, as last amended by Laws of Utah 2011, Chapter 297
81 26-18-2.6, as enacted by Laws of Utah 2011, Chapter 344
82 26-40-110, as last amended by Laws of Utah 2011, Chapter 297
83 30-3-11.3, as last amended by Laws of Utah 2011, Chapter 51
84 30-3-11.4, as last amended by Laws of Utah 2011, Chapter 51
85 30-3-38, as last amended by Laws of Utah 2008, Chapters 44 and 382
86 31A-29-110, as last amended by Laws of Utah 2008, Chapter 382
87 31A-29-111, as last amended by Laws of Utah 2008, Chapters 382 and 385
88
89 31A-33-107, as last amended by Laws of Utah 2008, Chapter 382
90 34A-2-203, as last amended by Laws of Utah 2008, Chapter 382
91 35A-5-202, as last amended by Laws of Utah 2008, Chapter 382
92 38-1-30, as last amended by Laws of Utah 2011, Chapter 299
93 38-1-39, as last amended by Laws of Utah 2008, Chapter 382
94 41-12a-803, as last amended by Laws of Utah 2011, Chapter 342
95 53-2-404, as last amended by Laws of Utah 2011, Chapter 342
96 53A-1-706, as last amended by Laws of Utah 2008, Chapter 382
97 53A-1a-511, as last amended by Laws of Utah 2008, Chapter 382
98 53A-20-101, as last amended by Laws of Utah 2008, Chapter 382
99 53A-25b-105, as enacted by Laws of Utah 2009, Chapter 294
100 53C-1-201 (Effective 07/01/12), as last amended by Laws of Utah 2011, Chapters 247
101 and 353
102 54-3-29, as last amended by Laws of Utah 2011, Chapter 340
103 54-8b-10, as last amended by Laws of Utah 2011, Chapters 329 and 342
104 62A-1-108.5, as last amended by Laws of Utah 2011, Chapter 366
105 62A-3-104, as last amended by Laws of Utah 2008, Chapter 382
106 62A-3-104.1, as last amended by Laws of Utah 2008, Chapter 382
107 62A-14-109, as last amended by Laws of Utah 2008, Chapter 382
108 63A-5-205, as last amended by Laws of Utah 2011, Chapter 400
109 63A-5-208, as last amended by Laws of Utah 2008, Chapter 382
110 63A-5-302, as last amended by Laws of Utah 2010, Chapter 324
111 63B-2-102, as last amended by Laws of Utah 2008, Chapter 382
112 63B-3-102, as last amended by Laws of Utah 2008, Chapter 382
113 63B-4-102, as last amended by Laws of Utah 2008, Chapter 382
114 63B-5-102, as last amended by Laws of Utah 2008, Chapter 382
115 63B-6-102, as last amended by Laws of Utah 2008, Chapter 382
116 63B-6-402, as last amended by Laws of Utah 2008, Chapter 382
117 63B-7-102, as last amended by Laws of Utah 2008, Chapter 382
118 63B-7-402, as last amended by Laws of Utah 2008, Chapter 382
119
120 63B-8-402, as last amended by Laws of Utah 2008, Chapter 382
121 63B-9-103, as last amended by Laws of Utah 2008, Chapter 382
122 63B-11-202, as last amended by Laws of Utah 2008, Chapter 382
123 63C-7-210, as last amended by Laws of Utah 2008, Chapter 382
124 63C-9-301, as last amended by Laws of Utah 2008, Chapters 10 and 382
125 63C-9-403, as last amended by Laws of Utah 2011, Chapter 400
126 63E-2-109, as last amended by Laws of Utah 2008, Chapter 382
127 63F-1-205, as last amended by Laws of Utah 2011, Chapter 376
128 63G-7-804, as renumbered and amended by Laws of Utah 2008, Chapter 382
129 63G-10-403, as enacted by Laws of Utah 2011, Chapter 361
130 63H-2-504, as enacted by Laws of Utah 2009, Chapter 378
131 63H-3-109, as renumbered and amended by Laws of Utah 2011, Chapter 370
132 63H-4-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
133 63H-5-108, as renumbered and amended by Laws of Utah 2011, Chapter 370
134 63H-6-103, as renumbered and amended by Laws of Utah 2011, Chapter 370
135 63I-1-263, as last amended by Laws of Utah 2011, Chapters 199, 370, 408, and 411
136 63M-1-2602, as enacted by Laws of Utah 2008, Chapter 352
137 63M-1-2603, as enacted by Laws of Utah 2008, Chapter 352
138 63M-1-2605, as enacted by Laws of Utah 2008, Chapter 352
139 63M-1-2606, as enacted by Laws of Utah 2008, Chapter 352
140 63M-1-2607, as enacted by Laws of Utah 2008, Chapter 352
141 63M-1-2608, as enacted by Laws of Utah 2008, Chapter 352
142 63M-1-2610, as enacted by Laws of Utah 2008, Chapter 352
143 64-13a-13, as last amended by Laws of Utah 2008, Chapter 382
144 67-16-4, as last amended by Laws of Utah 2008, Chapter 382
145 67-16-5, as last amended by Laws of Utah 2008, Chapter 382
146 67-16-5.3, as last amended by Laws of Utah 2008, Chapter 382
147 67-16-6, as last amended by Laws of Utah 2008, Chapter 382
148 72-6-107, as last amended by Laws of Utah 2010, Chapter 90
149 72-6-107.5, as last amended by Laws of Utah 2011, Chapter 400
150
151 72-6-205, as last amended by Laws of Utah 2009, Chapter 183
152 72-7-504, as last amended by Laws of Utah 2008, Chapter 382
153 73-10-27, as last amended by Laws of Utah 2008, Chapters 267 and 382
154 73-23-3, as last amended by Laws of Utah 2008, Chapter 382
155 76-10-1602, as last amended by Laws of Utah 2011, Chapter 320
156 78A-2-112, as renumbered and amended by Laws of Utah 2008, Chapter 3
157 79-2-404, as last amended by Laws of Utah 2011, Chapter 400
158 79-4-203, as renumbered and amended by Laws of Utah 2009, Chapter 344
159 ENACTS:
160 63G-6a-104, Utah Code Annotated 1953
161 63G-6a-110, Utah Code Annotated 1953
162 63G-6a-201, Utah Code Annotated 1953
163 63G-6a-301, Utah Code Annotated 1953
164 63G-6a-401, Utah Code Annotated 1953
165 63G-6a-402, Utah Code Annotated 1953
166 63G-6a-403, Utah Code Annotated 1953
167 63G-6a-404, Utah Code Annotated 1953
168 63G-6a-405, Utah Code Annotated 1953
169 63G-6a-406, Utah Code Annotated 1953
170 63G-6a-408, Utah Code Annotated 1953
171 63G-6a-501, Utah Code Annotated 1953
172 63G-6a-502, Utah Code Annotated 1953
173 63G-6a-503, Utah Code Annotated 1953
174 63G-6a-504, Utah Code Annotated 1953
175 63G-6a-601, Utah Code Annotated 1953
176 63G-6a-602, Utah Code Annotated 1953
177 63G-6a-603, Utah Code Annotated 1953
178 63G-6a-604, Utah Code Annotated 1953
179 63G-6a-605, Utah Code Annotated 1953
180 63G-6a-606, Utah Code Annotated 1953
181
182 63G-6a-608, Utah Code Annotated 1953
183 63G-6a-609, Utah Code Annotated 1953
184 63G-6a-610, Utah Code Annotated 1953
185 63G-6a-611, Utah Code Annotated 1953
186 63G-6a-612, Utah Code Annotated 1953
187 63G-6a-701, Utah Code Annotated 1953
188 63G-6a-702, Utah Code Annotated 1953
189 63G-6a-703, Utah Code Annotated 1953
190 63G-6a-704, Utah Code Annotated 1953
191 63G-6a-705, Utah Code Annotated 1953
192 63G-6a-706, Utah Code Annotated 1953
193 63G-6a-707, Utah Code Annotated 1953
194 63G-6a-708, Utah Code Annotated 1953
195 63G-6a-709, Utah Code Annotated 1953
196 63G-6a-710, Utah Code Annotated 1953
197 63G-6a-801, Utah Code Annotated 1953
198 63G-6a-803, Utah Code Annotated 1953
199 63G-6a-901, Utah Code Annotated 1953
200 63G-6a-1001, Utah Code Annotated 1953
201 63G-6a-1004, Utah Code Annotated 1953
202 63G-6a-1101, Utah Code Annotated 1953
203 63G-6a-1201, Utah Code Annotated 1953
204 63G-6a-1204, Utah Code Annotated 1953
205 63G-6a-1301, Utah Code Annotated 1953
206 63G-6a-1401, Utah Code Annotated 1953
207 63G-6a-1501, Utah Code Annotated 1953
208 63G-6a-1601, Utah Code Annotated 1953
209 63G-6a-1701, Utah Code Annotated 1953
210 63G-6a-1801, Utah Code Annotated 1953
211 63G-6a-1901, Utah Code Annotated 1953
212
213 63G-6a-2101, Utah Code Annotated 1953
214 63G-6a-2201, Utah Code Annotated 1953
215 63G-6a-2202, Utah Code Annotated 1953
216 63G-6a-2301, Utah Code Annotated 1953
217 63G-6a-2303, Utah Code Annotated 1953
218 63G-6a-2304, Utah Code Annotated 1953
219 63G-6a-2305, Utah Code Annotated 1953
220 63G-6a-2306, Utah Code Annotated 1953
221 63G-6a-2307, Utah Code Annotated 1953
222 RENUMBERS AND AMENDS:
223 63G-6a-101, (Renumbered from 63G-6-101, as enacted by Laws of Utah 2008, Chapter
224 382)
225 63G-6a-102, (Renumbered from 63G-6-102, as renumbered and amended by Laws of
226 Utah 2008, Chapter 382)
227 63G-6a-103, (Renumbered from 63G-6-103, as last amended by Laws of Utah 2011,
228 Chapter 376)
229 63G-6a-105, (Renumbered from 63G-6-104, as renumbered and amended by Laws of
230 Utah 2008, Chapter 382)
231 63G-6a-106, (Renumbered from 63G-6-207, as last amended by Laws of Utah 2008,
232 Chapter 3 and renumbered and amended by Laws of Utah 2008, Chapter 382)
233 63G-6a-109, (Renumbered from 63G-6-105, as renumbered and amended by Laws of
234 Utah 2008, Chapter 382)
235 63G-6a-202, (Renumbered from 63G-6-201, as last amended by Laws of Utah 2011,
236 Chapter 376)
237 63G-6a-203, (Renumbered from 63G-6-202, as last amended by Laws of Utah 2011,
238 Chapter 376)
239 63G-6a-204, (Renumbered from 63G-6-208, as last amended by Laws of Utah 2009,
240 Chapter 132)
241 63G-6a-205, (Renumbered from 63G-6-209, as renumbered and amended by Laws of
242 Utah 2008, Chapter 382)
243
244 Utah 2008, Chapter 382)
245 63G-6a-303, (Renumbered from 63G-6-204, as last amended by Laws of Utah 2008,
246 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
247 63G-6a-304, (Renumbered from 63G-6-205, as last amended by Laws of Utah 2008,
248 Chapter 352 and renumbered and amended by Laws of Utah 2008, Chapter 382)
249 63G-6a-305, (Renumbered from 63G-6-302, as last amended by Laws of Utah 2011,
250 Chapter 376)
251 63G-6a-407, (Renumbered from 63G-6-303, as renumbered and amended by Laws of
252 Utah 2008, Chapter 382)
253 63G-6a-711, (Renumbered from 63G-6-408.5, as enacted by Laws of Utah 2008,
254 Chapter 352)
255 63G-6a-802, (Renumbered from 63G-6-410, as renumbered and amended by Laws of
256 Utah 2008, Chapter 382)
257 63G-6a-804, (Renumbered from 63G-6-423, as renumbered and amended by Laws of
258 Utah 2008, Chapter 382)
259 63G-6a-805, (Renumbered from 63G-6-425, as renumbered and amended by Laws of
260 Utah 2008, Chapter 382)
261 63G-6a-902, (Renumbered from 63G-6-412, as renumbered and amended by Laws of
262 Utah 2008, Chapter 382)
263 63G-6a-903, (Renumbered from 63G-6-413, as renumbered and amended by Laws of
264 Utah 2008, Chapter 382)
265 63G-6a-904, (Renumbered from 63G-6-804, as renumbered and amended by Laws of
266 Utah 2008, Chapter 382)
267 63G-6a-1002, (Renumbered from 63G-6-404, as renumbered and amended by Laws of
268 Utah 2008, Chapter 382)
269 63G-6a-1003, (Renumbered from 63G-6-405, as renumbered and amended by Laws of
270 Utah 2008, Chapter 382)
271 63G-6a-1102, (Renumbered from 63G-6-504, as renumbered and amended by Laws of
272 Utah 2008, Chapter 382)
273 63G-6a-1103, (Renumbered from 63G-6-505, as renumbered and amended by Laws of
274
275 63G-6a-1104, (Renumbered from 63G-6-506, as last amended by Laws of Utah 2011,
276 Chapter 299)
277 63G-6a-1105, (Renumbered from 63G-6-507, as renumbered and amended by Laws of
278 Utah 2008, Chapter 382)
279 63G-6a-1202, (Renumbered from 63G-6-601, as renumbered and amended by Laws of
280 Utah 2008, Chapter 382)
281 63G-6a-1203, (Renumbered from 63G-6-603, as enacted by Laws of Utah 2009,
282 Chapter 217)
283 63G-6a-1205, (Renumbered from 63G-6-416, as renumbered and amended by Laws of
284 Utah 2008, Chapter 382)
285 63G-6a-1206, (Renumbered from 63G-6-415, as renumbered and amended by Laws of
286 Utah 2008, Chapter 382)
287 63G-6a-1207, (Renumbered from 63G-6-602, as renumbered and amended by Laws of
288 Utah 2008, Chapter 382)
289 63G-6a-1302, (Renumbered from 63G-6-501, as renumbered and amended by Laws of
290 Utah 2008, Chapter 382)
291 63G-6a-1303, (Renumbered from 63G-6-604, as enacted by Laws of Utah 2010,
292 Chapter 18)
293 63G-6a-1402, (Renumbered from 63G-6-502, as last amended by Laws of Utah 2010,
294 Chapter 358)
295 63G-6a-1403, (Renumbered from 63G-6-503, as renumbered and amended by Laws of
296 Utah 2008, Chapter 382)
297 63G-6a-1502, (Renumbered from 63G-6-701, as renumbered and amended by Laws of
298 Utah 2008, Chapter 382)
299 63G-6a-1503, (Renumbered from 63G-6-702, as renumbered and amended by Laws of
300 Utah 2008, Chapter 382)
301 63G-6a-1504, (Renumbered from 63G-6-703, as renumbered and amended by Laws of
302 Utah 2008, Chapter 382)
303 63G-6a-1505, (Renumbered from 63G-6-704, as renumbered and amended by Laws of
304 Utah 2008, Chapter 382)
305
306 Utah 2008, Chapter 382)
307 63G-6a-1602, (Renumbered from 63G-6-805, as renumbered and amended by Laws of
308 Utah 2008, Chapter 382)
309 63G-6a-1603, (Renumbered from 63G-6-801, as last amended by Laws of Utah 2011,
310 Chapter 361)
311 63G-6a-1604, (Renumbered from 63G-6-806, as renumbered and amended by Laws of
312 Utah 2008, Chapter 382)
313 63G-6a-1605, (Renumbered from 63G-6-907, as renumbered and amended by Laws of
314 Utah 2008, Chapter 382)
315 63G-6a-1606, (Renumbered from 63G-6-802, as renumbered and amended by Laws of
316 Utah 2008, Chapter 382)
317 63G-6a-1607, (Renumbered from 63G-6-803, as renumbered and amended by Laws of
318 Utah 2008, Chapter 382)
319 63G-6a-1702, (Renumbered from 63G-6-807, as last amended by Laws of Utah 2010,
320 Chapter 286)
321 63G-6a-1703, (Renumbered from 63G-6-810, as renumbered and amended by Laws of
322 Utah 2008, Chapter 382)
323 63G-6a-1704, (Renumbered from 63G-6-808, as renumbered and amended by Laws of
324 Utah 2008, Chapter 382)
325 63G-6a-1705, (Renumbered from 63G-6-809, as renumbered and amended by Laws of
326 Utah 2008, Chapter 382)
327 63G-6a-1706, (Renumbered from 63G-6-811, as renumbered and amended by Laws of
328 Utah 2008, Chapter 382)
329 63G-6a-1707, (Renumbered from 63G-6-812, as renumbered and amended by Laws of
330 Utah 2008, Chapter 382)
331 63G-6a-1708, (Renumbered from 63G-6-813, as renumbered and amended by Laws of
332 Utah 2008, Chapter 382)
333 63G-6a-1802, (Renumbered from 63G-6-814, as renumbered and amended by Laws of
334 Utah 2008, Chapter 382)
335 63G-6a-1803, (Renumbered from 63G-6-815, as renumbered and amended by Laws of
336
337 63G-6a-1804, (Renumbered from 63G-6-817, as renumbered and amended by Laws of
338 Utah 2008, Chapter 382)
339 63G-6a-1805, (Renumbered from 63G-6-816, as renumbered and amended by Laws of
340 Utah 2008, Chapter 382)
341 63G-6a-1902, (Renumbered from 63G-6-419, as renumbered and amended by Laws of
342 Utah 2008, Chapter 382)
343 63G-6a-1903, (Renumbered from 63G-6-818, as renumbered and amended by Laws of
344 Utah 2008, Chapter 382)
345 63G-6a-1904, (Renumbered from 63G-6-819, as renumbered and amended by Laws of
346 Utah 2008, Chapter 382)
347 63G-6a-1905, (Renumbered from 63G-6-820, as renumbered and amended by Laws of
348 Utah 2008, Chapter 382)
349 63G-6a-2002, (Renumbered from 63G-6-106, as renumbered and amended by Laws of
350 Utah 2008, Chapter 382)
351 63G-6a-2003, (Renumbered from 63G-6-421, as renumbered and amended by Laws of
352 Utah 2008, Chapter 382)
353 63G-6a-2004, (Renumbered from 63G-6-905, as renumbered and amended by Laws of
354 Utah 2008, Chapter 382)
355 63G-6a-2102, (Renumbered from 63G-6-901, as renumbered and amended by Laws of
356 Utah 2008, Chapter 382)
357 63G-6a-2103, (Renumbered from 63G-6-902, as renumbered and amended by Laws of
358 Utah 2008, Chapter 382)
359 63G-6a-2104, (Renumbered from 63G-6-904, as renumbered and amended by Laws of
360 Utah 2008, Chapter 382)
361 63G-6a-2105, (Renumbered from 63G-6-424, as renumbered and amended by Laws of
362 Utah 2008, Chapter 382)
363 63G-6a-2302, (Renumbered from 63G-6-420, as renumbered and amended by Laws of
364 Utah 2008, Chapter 382)
365 REPEALS:
366 10-7-87, as last amended by Laws of Utah 2008, Chapter 382
367
368 17-15-24, as last amended by Laws of Utah 2008, Chapter 382
369 17B-1-109, as renumbered and amended by Laws of Utah 2007, Chapter 329
370 26A-1-108.7, as last amended by Laws of Utah 2008, Chapter 382
371 63G-6-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
372 63G-6-301, as last amended by Laws of Utah 2011, Chapter 376
373 63G-6-401, as last amended by Laws of Utah 2009, Chapter 388
374 63G-6-402, as renumbered and amended by Laws of Utah 2008, Chapter 382
375 63G-6-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
376 63G-6-406, as renumbered and amended by Laws of Utah 2008, Chapter 382
377 63G-6-407, as renumbered and amended by Laws of Utah 2008, Chapter 382
378 63G-6-408, as renumbered and amended by Laws of Utah 2008, Chapter 382
379 63G-6-409, as renumbered and amended by Laws of Utah 2008, Chapter 382
380 63G-6-411, as renumbered and amended by Laws of Utah 2008, Chapter 382
381 63G-6-414, as renumbered and amended by Laws of Utah 2008, Chapter 382
382 63G-6-417, as renumbered and amended by Laws of Utah 2008, Chapter 382
383 63G-6-418, as renumbered and amended by Laws of Utah 2008, Chapter 382
384 63G-6-422, as renumbered and amended by Laws of Utah 2008, Chapter 382
385 63G-6-426, as renumbered and amended by Laws of Utah 2008, Chapter 382
386 63G-6-903, as renumbered and amended by Laws of Utah 2008, Chapter 382
387 63G-6-906, as renumbered and amended by Laws of Utah 2008, Chapter 382
388 63G-6-1001, as renumbered and amended by Laws of Utah 2008, Chapter 382
389 63G-6-1002, as renumbered and amended by Laws of Utah 2008, Chapter 382
390 Utah Code Sections Affected by Coordination Clause:
391 26-8a-405.3, as last amended by Laws of Utah 2011, Chapter 297
392 63A-5-208, as last amended by Laws of Utah 2008, Chapter 382
393 63G-6-104, as renumbered and amended by Laws of Utah 2008, Chapter 382
394 63G-6-201, as last amended by Laws of Utah 2011, Chapter 376
395 63G-6-202, as last amended by Laws of Utah 2011, Chapter 376
396 63G-6-801, as last amended by Laws of Utah 2011, Chapter 361
397 63G-6-801.5, Utah Code Annotated 1953
398
399 63G-6-803, as renumbered and amended by Laws of Utah 2008, Chapter 382
400 63G-6-805, as renumbered and amended by Laws of Utah 2008, Chapter 382
401 63G-6-806, as renumbered and amended by Laws of Utah 2008, Chapter 382
402 63G-6-807, as last amended by Laws of Utah 2010, Chapter 286
403 63G-6-807.5, Utah Code Annotated 1953
404 63G-6-808, as renumbered and amended by Laws of Utah 2008, Chapter 382
405 63G-6-809, as renumbered and amended by Laws of Utah 2008, Chapter 382
406 63G-6-810, as renumbered and amended by Laws of Utah 2008, Chapter 382
407 63G-6-811, as renumbered and amended by Laws of Utah 2008, Chapter 382
408 63G-6-812, as renumbered and amended by Laws of Utah 2008, Chapter 382
409 63G-6-813, as renumbered and amended by Laws of Utah 2008, Chapter 382
410 63G-6-814, as renumbered and amended by Laws of Utah 2008, Chapter 382
411 63G-6-814.5, Utah Code Annotated 1953
412 63G-6-815, as renumbered and amended by Laws of Utah 2008, Chapter 382
413 63G-6-816, as renumbered and amended by Laws of Utah 2008, Chapter 382
414 63G-6-817, as renumbered and amended by Laws of Utah 2008, Chapter 382
415 63G-6-818, as renumbered and amended by Laws of Utah 2008, Chapter 382
416 63G-6-819, as renumbered and amended by Laws of Utah 2008, Chapter 382
417 63G-6-820, as renumbered and amended by Laws of Utah 2008, Chapter 382
418 63G-6-907, as renumbered and amended by Laws of Utah 2008, Chapter 382
419 63G-6a-103, Utah Code Annotated 1953
420 63G-6a-104, Utah Code Annotated 1953
421 63G-6a-105, Utah Code Annotated 1953
422 63G-6a-202, Utah Code Annotated 1953
423 63G-6a-203, Utah Code Annotated 1953
424 63G-6a-1602, Utah Code Annotated 1953
425 63G-6a-1603, Utah Code Annotated 1953
426 63G-6a-1604, Utah Code Annotated 1953
427 63G-6a-1605, Utah Code Annotated 1953
428 63G-6a-1606, Utah Code Annotated 1953
429
430 63G-6a-1703, Utah Code Annotated 1953
431 63G-6a-1704, Utah Code Annotated 1953
432 63G-6a-1705, Utah Code Annotated 1953
433 63G-6a-1706, Utah Code Annotated 1953
434 63G-6a-1707, Utah Code Annotated 1953
435 63G-6a-1708, Utah Code Annotated 1953
436 63G-6a-1802, Utah Code Annotated 1953
437 63G-6a-1803, Utah Code Annotated 1953
438 63G-6a-1804, Utah Code Annotated 1953
439 63G-6a-1805, Utah Code Annotated 1953
440 63G-6a-1902, Utah Code Annotated 1953
441 63G-6a-1903, Utah Code Annotated 1953
442 63G-6a-1904, Utah Code Annotated 1953
443 63G-6a-1905, Utah Code Annotated 1953
444 63G-6a-1906, Utah Code Annotated 1953
445 63G-6a-1907, Utah Code Annotated 1953
446 63G-6a-1908, Utah Code Annotated 1953
447 63G-6a-1909, Utah Code Annotated 1953
448 63G-6a-1910, Utah Code Annotated 1953
449 63G-6a-1911, Utah Code Annotated 1953
450 63G-10-403, as enacted by Laws of Utah 2011, Chapter 361
451
452 Be it enacted by the Legislature of the state of Utah:
453 Section 1. Section 7-1-323 is amended to read:
454 7-1-323. Regulation of interstate operations -- Coordination of efforts.
455 (1) The commissioner may:
456 (a) examine, supervise, and regulate a branch operated in this state by a depository
457 institution chartered by another state and take any action or issue any order with regard to that
458 branch;
459 (b) examine, supervise, and regulate a branch operated in another state by a depository
460
461 branch; and
462 (c) coordinate these activities with any other state or federal agency that shares
463 jurisdiction over the institution.
464 (2) The commissioner may coordinate the examination, supervision, and regulation of
465 any depository institution chartered by this state with the examination, supervision, and
466 regulation of an affiliated depository institution operating in another state.
467 (3) The commissioner may take any reasonable and lawful action in furtherance of
468 coordinating the regulation of interstate operations, including:
469 (a) negotiating and entering into cooperative agreements with an agency of another
470 state or of the federal government;
471 (b) sharing information and reports in accordance with Section 7-1-802 with an agency
472 that shares jurisdiction over the institution;
473 (c) accepting as sufficient, if appropriate, examination reports and other information
474 compiled or generated by or for an agency that shares jurisdiction over the institution;
475 (d) contracting with an agency that shares jurisdiction over the institution to engage the
476 services of its examiners at a reasonable rate of compensation;
477 (e) offering the services of the department's examiners at a reasonable rate of
478 compensation to an agency that shares jurisdiction over the institution;
479 (f) collecting fees on behalf of, or receiving payment of fees through, an agency that
480 shares jurisdiction over the institution; and
481 (g) cooperating in any other way with other supervisory agencies and professional
482 associations to promote the efficient, safe, and sound operation and regulation of interstate
483 depository institution activities, including the formulation of interstate examination policies
484 and procedures and the drafting of model laws, rules, and agreements.
485 (4) A contract between the department and an agency that shares jurisdiction over a
486 depository institution to provide examiners to aid in interstate examination and regulation is
487 considered a sole source contract under Section [
488 Section 2. Section 7-2-21 is amended to read:
489 7-2-21. Applicability of Utah Procurement Code.
490 No action of the commissioner taken under this chapter or Chapter 19, Acquisition of
491
492 Chapter [
493 Section 3. Section 9-4-704 is amended to read:
494 9-4-704. Distribution of fund money.
495 (1) The executive director shall:
496 (a) make grants and loans from the fund for any of the activities authorized by Section
497 9-4-705 , as directed by the board;
498 (b) establish the criteria with the approval of the board by which loans and grants will
499 be made; and
500 (c) determine with the approval of the board the order in which projects will be funded.
501 (2) The executive director shall distribute, as directed by the board, any federal money
502 contained in the fund according to the procedures, conditions, and restrictions placed upon the
503 use of the money by the federal government.
504 (3) (a) The executive director shall distribute, as directed by the board, any funds
505 received pursuant to Section 17C-1-412 to pay the costs of providing income targeted housing
506 within the community that created the community development and renewal agency under Title
507 17C, Limited Purpose Local Government Entities - Community Development and Renewal
508 Agencies Act.
509 (b) As used in Subsection (3)(a):
510 (i) "Community" has the meaning as defined in Section 17C-1-102 .
511 (ii) "Income targeted housing" has the meaning as defined in Section 17C-1-102 .
512 (4) Except federal money and money received under Section 17C-1-412 , the executive
513 director shall distribute, as directed by the board, all other money from the fund according to
514 the following requirements:
515 (a) Not less than 30% of all fund money shall be distributed to rural areas of the state.
516 (b) At least 50% of the money in the fund shall be distributed as loans to be repaid to
517 the fund by the entity receiving them.
518 (i) (A) Of the fund money distributed as loans, at least 50% shall be distributed to
519 benefit persons whose annual income is at or below 50% of the median family income for the
520 state.
521 (B) The remaining loan money shall be distributed to benefit persons whose annual
522
523 (ii) The executive director or the executive director's designee shall lend money in
524 accordance with this Subsection (4) at a rate based upon the borrower's ability to pay.
525 (c) Any fund money not distributed as loans shall be distributed as grants.
526 (i) At least 90% of the fund money distributed as grants shall be distributed to benefit
527 persons whose annual income is at or below 50% of the median family income for the state.
528 (ii) The remaining fund money distributed as grants may be used by the executive
529 director to obtain federal matching funds or for other uses consistent with the intent of this part,
530 including the payment of reasonable loan servicing costs, but no more than 3% of the revenues
531 of the fund may be used to offset other department or board administrative expenses.
532 (5) The executive director may with the approval of the board:
533 (a) enact rules to establish procedures for the grant and loan process by following the
534 procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
535 and
536 (b) service or contract, pursuant to Title 63G, Chapter [
537 for the servicing of loans made by the fund.
538 Section 4. Section 9-4-906 is amended to read:
539 9-4-906. Relation to certain acts.
540 (1) The corporation is exempt from:
541 (a) Title 51, Chapter 5, Funds Consolidation Act;
542 (b) Title 51, Chapter 7, State Money Management Act;
543 (c) Title 63A, Utah Administrative Services Code; [
544 (d) Title 63G, Chapter [
545 (e) Title 63J, Chapter 1, Budgetary Procedures Act;
546 (f) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
547 (g) Title 67, Chapter 19, Utah State Personnel Management Act.
548 (2) The corporation shall comply with:
549 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
550 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
551 Section 5. Section 9-4-1602 is amended to read:
552 9-4-1602. Distribution of fund money.
553
554 Business Credit Initiative created under the federal government's Small Business Jobs Act of
555 2010, to use federal money for programs that leverage private lending to help finance small
556 businesses and manufacturers that are creditworthy but not receiving the loans needed to
557 expand and create jobs.
558 (b) In making loans and loan guarantees under this part, the director shall give due
559 consideration to small businesses in underserved communities throughout the state that have
560 been deeply impacted by recession and not seen a comparable resurgence in their economies.
561 (2) The director shall distribute any federal money in the fund according to the
562 procedures, conditions, and restrictions placed upon the use of the money by the federal
563 government.
564 (3) The director may, with the approval of the executive director of the department:
565 (a) enact rules to establish procedures for the loan and loan guarantee process by
566 following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative
567 Rulemaking Act; and
568 (b) service or contract, under Title 63G, Chapter [
569 the servicing of loans made by the fund.
570 Section 6. Section 10-3-1304 is amended to read:
571 10-3-1304. Use of office for personal benefit prohibited.
572 (1) As used in this section, "economic benefit tantamount to a gift" includes:
573 (a) a loan at an interest rate that is substantially lower than the commercial rate then
574 currently prevalent for similar loans; and
575 (b) compensation received for private services rendered at a rate substantially
576 exceeding the fair market value of the services.
577 (2) It is an offense for an elected or appointed officer or municipal employee, under
578 circumstances not amounting to a violation of Section [
579 to:
580 (a) disclose or improperly use private, controlled, or protected information acquired by
581 reason of the officer's or employee's official position or in the course of official duties in order
582 to further substantially the officer's or employee's personal economic interest or to secure
583 special privileges or exemptions for the officer or employee or for others;
584
585 (i) further substantially the officer's or employee's personal economic interest; or
586 (ii) secure special privileges for the officer or employee or for others; or
587 (c) knowingly receive, accept, take, seek, or solicit, directly or indirectly, for the officer
588 or employee or for another, a gift of substantial value or a substantial economic benefit
589 tantamount to a gift that:
590 (i) would tend improperly to influence a reasonable person in the person's position to
591 depart from the faithful and impartial discharge of the person's public duties; or
592 (ii) the person knows or that a reasonable person in that position should know under
593 the circumstances is primarily for the purpose of rewarding the person for official action taken.
594 (3) Subsection (2)(c) does not apply to:
595 (a) an occasional nonpecuniary gift having a value of less than $50;
596 (b) an award publicly presented in recognition of public services;
597 (c) any bona fide loan made in the ordinary course of business; or
598 (d) a political campaign contribution.
599 Section 7. Section 10-3-1305 is amended to read:
600 10-3-1305. Compensation for assistance in transaction involving municipality --
601 Public disclosure and filing required.
602 (1) As used in this section, "municipal body" means any public board, commission,
603 committee, or other public group organized to make public policy decisions or to advise
604 persons who make public policy decisions.
605 (2) It is an offense for an elected officer, or appointed officer, who is a member of a
606 public body, under circumstances not amounting to a violation of Section [
607 63G-6a-2304 or 76-8-105 , to receive or agree to receive compensation for assisting any person
608 or business entity in any transaction involving the municipality in which the member is an
609 officer unless the member:
610 (a) files with the mayor a sworn statement giving the information required by this
611 section; and
612 (b) discloses the information required by Subsection (5) in an open meeting to the
613 members of the body of which the officer is a member immediately before the discussion.
614 (3) It is an offense for an appointed officer who is not a member of a public body or a
615
616 business entity in any transaction involving the municipality by which the person is employed
617 unless the officer or employee:
618 (a) files with the mayor a sworn statement giving the information required by this
619 section; and
620 (b) discloses the information required by Subsection (5) to:
621 (i) the officer or employee's immediate supervisor; and
622 (ii) any other municipal officer or employee who may rely upon the employee's
623 representations in evaluating or approving the transaction.
624 (4) (a) The officer or employee shall file the statement required to be filed by this
625 section 10 days before the date of any agreement between the elected or appointed officer or
626 municipal employee and the person or business entity being assisted or 10 days before the
627 receipt of compensation by the officer or employee, whichever is earlier.
628 (b) The statement is public information and shall be available for examination by the
629 public.
630 (5) The statement and disclosure shall contain:
631 (a) the name and address of the officer or municipal employee;
632 (b) the name and address of the person or business entity being or to be assisted or in
633 which the appointed or elected official or municipal employee has a substantial interest; and
634 (c) a brief description of the transaction as to which service is rendered or is to be
635 rendered and of the nature of the service performed or to be performed.
636 Section 8. Section 10-7-86 is amended to read:
637 10-7-86. Municipality may adopt Utah Procurement Code -- Hiring of
638 professional architect, engineer, or surveyor.
639 (1) The governing body of any municipality may adopt any or all of the provisions of
640 Title 63G, Chapter [
641 code.
642 (2) Notwithstanding Subsection (1), the governing body of each municipality that
643 engages the services of a professional architect, engineer, or surveyor and considers more than
644 one such professional for the engagement:
645 (a) shall consider, as a minimum, in the selection process:
646
647 (ii) the specific individuals assigned to the project and the time commitments of each
648 to the project; and
649 (iii) the project schedule and the approach to the project that the firm will take; and
650 (b) may engage the services of a professional architect, engineer, or surveyor based on
651 the criteria under Subsection (2)(a) rather than solely on lowest cost.
652 Section 9. Section 11-17-20 is amended to read:
653 11-17-20. Power of the State Charter School Finance Authority.
654 (1) The State Charter School Finance Authority may exercise the powers granted to
655 municipalities and counties by this chapter, subject to the same limitations as that imposed on a
656 municipality or county under the chapter, except as provided by Title 53A, Chapter 20b, State
657 Charter School Finance Authority Act.
658 (2) As used in this chapter, "governing body" when applied to the State Charter School
659 Finance Authority means the authority's governing board as described in Section 53A-20b-103 .
660 (3) Notwithstanding Section 11-17-15 , a charter school that receives financing under
661 this chapter is subject to Title 63G, Chapter [
662 Section 10. Section 11-39-101 is amended to read:
663 11-39-101. Definitions.
664 As used in this chapter:
665 (1) "Bid limit" means:
666 (a) for a building improvement:
667 (i) for the year 2003, $40,000; and
668 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
669 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
670 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
671 year; and
672 (b) for a public works project:
673 (i) for the year 2003, $125,000; and
674 (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an
675 amount calculated by multiplying the amount of the bid limit for the previous year by the lesser
676 of 3% or the actual percent change in the Consumer Price Index during the previous calendar
677
678 (2) "Building improvement":
679 (a) means the construction or repair of a public building or structure; and
680 (b) does not include construction or repair at an international airport.
681 (3) "Consumer Price Index" means the Consumer Price Index for All Urban
682 Consumers as published by the Bureau of Labor Statistics of the United States Department of
683 Labor.
684 (4) "Design-build project":
685 (a) means a building improvement or public works project costing over $250,000 with
686 respect to which both the design and construction are provided for in a single contract with a
687 contractor or combination of contractors capable of providing design-build services; and
688 (b) does not include a building improvement or public works project:
689 (i) that is undertaken by a local entity under contract with a construction manager that
690 guarantees the contract price and is at risk for any amount over the contract price; and
691 (ii) each component of which is competitively bid.
692 (5) "Design-build services" means the engineering, architectural, and other services
693 necessary to formulate and implement a design-build project, including its actual construction.
694 (6) "Emergency repairs" means a building improvement or public works project
695 undertaken on an expedited basis to:
696 (a) eliminate an imminent risk of damage to or loss of public or private property;
697 (b) remedy a condition that poses an immediate physical danger; or
698 (c) reduce a substantial, imminent risk of interruption of an essential public service.
699 (7) "Governing body" means:
700 (a) for a county, city, or town, the legislative body of the county, city, or town;
701 (b) for a local district, the board of trustees of the local district; and
702 (c) for a special service district:
703 (i) the legislative body of the county, city, or town that established the special service
704 district, if no administrative control board has been appointed under Section 17D-1-301 ; or
705 (ii) the administrative control board of the special service district, if an administrative
706 control board has been appointed under Section 17D-1-301 .
707 (8) "Local district" has the same meaning as defined in Section 17B-1-102 .
708
709 (10) "Lowest responsive responsible bidder" means a prime contractor who:
710 (a) has submitted a bid in compliance with the invitation to bid and within the
711 requirements of the plans and specifications for the building improvement or public works
712 project;
713 (b) is the lowest bidder that satisfies the local entity's criteria relating to financial
714 strength, past performance, integrity, reliability, and other factors that the local entity uses to
715 assess the ability of a bidder to perform fully and in good faith the contract requirements;
716 (c) has furnished a bid bond or equivalent in money as a condition to the award of a
717 prime contract; and
718 (d) furnishes a payment and performance bond as required by law.
719 (11) "Procurement code" means the provisions of Title 63G, Chapter [
720 Procurement Code.
721 (12) "Public works project":
722 (a) means the construction of:
723 (i) a park or recreational facility; or
724 (ii) a pipeline, culvert, dam, canal, or other system for water, sewage, storm water, or
725 flood control; and
726 (b) does not include:
727 (i) the replacement or repair of existing infrastructure on private property;
728 (ii) construction commenced before June 1, 2003; and
729 (iii) construction or repair at an international airport.
730 (13) "Special service district" has the same meaning as defined in Section 17D-1-102 .
731 Section 11. Section 11-39-107 is amended to read:
732 11-39-107. Procurement code.
733 (1) This chapter may not be construed to:
734 (a) prohibit a county or municipal legislative body from adopting the procedures of the
735 procurement code; or
736 (b) limit the application of the procurement code to a local district or special service
737 district.
738 (2) A local entity may adopt procedures for the following construction contracting
739
740 (a) construction manager/general contractor, as defined in Section [
741 63G-6a-103 ; or
742 (b) a method that requires that the local entity draft a plan, specifications, and an
743 estimate for the building improvement or public works project.
744 (3) For a public works project only and that costs $10,000,000 or more, the following
745 may enter into a contract for design-build, as defined in Section [
746 adopt the procedures and follow the provisions of the procurement code for the procurement of
747 and as the procedures and provisions relate to a design-build:
748 (a) a city of the first class;
749 (b) a local district; or
750 (c) a special service district.
751 (4) (a) In seeking bids and awarding a contract for a building improvement or public
752 works project, a county or a municipal legislative body may elect to follow the provisions of
753 the procurement code, as the county or municipal legislative body considers appropriate under
754 the circumstances, for specification preparation, source selection, or contract formation.
755 (b) A county or municipal legislative body's election to adopt the procedures of the
756 procurement code may not excuse the county or municipality, respectively, from complying
757 with the requirements to award a contract for work in excess of the bid limit and to publish
758 notice of the intent to award.
759 (c) An election under Subsection (4)(a) may be made on a case-by-case basis, unless
760 the county or municipality has previously adopted [
761
762 (d) The county or municipal legislative body shall:
763 (i) make each election under Subsection (4)(a) in an open meeting; and
764 (ii) specify in its action the portions of the procurement code to be followed.
765 (5) If the estimated cost of the building improvement or public works project proposed
766 by a local district or special service district exceeds the bid limit, the governing body of the
767 local district or special service district may, if it determines to proceed with the building
768 improvement or public works project, use the competitive procurement procedures of the
769 procurement code in place of the comparable provisions of this chapter.
770
771 11-44-202. Types of agreements.
772 Notwithstanding Section [
773 structure an energy service agreement as a guaranteed energy savings performance contract,
774 which shall include:
775 (1) the design and installation of an energy efficiency measure, if applicable;
776 (2) operation and maintenance of any energy efficiency measure implemented; and
777 (3) guaranteed annual cost savings that meet or exceed the total annual contract
778 payments by the political subdivision under the contract, including financing charges incurred
779 by the political subdivision over the life of the contract.
780 Section 13. Section 11-44-301 is amended to read:
781 11-44-301. Selection.
782 (1) A political subdivision shall follow the procedures outlined in Title 63G, Chapter
783 [
784 (2) The Division of Purchasing shall maintain a list of qualified energy service
785 providers.
786 (3) The qualified energy service provider selected from the bid process shall prepare an
787 investment grade energy audit, which shall become part of the final contract between the
788 political subdivision and the qualified energy service provider.
789 (4) The audit shall include:
790 (a) a detailed description of the energy efficiency measure;
791 (b) an estimated cost; and
792 (c) a projected cost savings.
793 Section 14. Section 13-2-9 is amended to read:
794 13-2-9. Internet -- Consumer education.
795 (1) The Division of Consumer Protection shall, subject to appropriation, contract with
796 a person to make public service announcements advising consumers about the dangers of using
797 the Internet, especially:
798 (a) material harmful to minors;
799 (b) steps a consumer may take to learn more about the dangers of using the Internet;
800 (c) information about how a service provider can help a consumer learn more about the
801
802 (d) how a consumer can monitor the Internet usage of family members.
803 (2) Money appropriated under Subsection (1) shall be paid by the Division of
804 Consumer Protection to a person only if:
805 (a) the person is a nonprofit organization; and
806 (b) the person agrees to spend private money amounting to two times the amount of
807 money provided by the Division of Consumer Protection during each fiscal year in accordance
808 with Subsection (1).
809 (3) In administering any money appropriated for use under this section, the Division of
810 Consumer Protection shall comply with Title 63G, Chapter [
811 Section 15. Section 14-1-18 is amended to read:
812 14-1-18. Definitions -- Application of Procurement Code to payment and
813 performance bonds.
814 (1) (a) For purposes of this chapter, "political subdivision" means any county, city,
815 town, school district, local district, special service district, community development and
816 renewal agency, public corporation, institution of higher education of the state, public agency
817 of any political subdivision, and, to the extent provided by law, any other entity which expends
818 public funds for construction.
819 (b) For purposes of applying Section [
820 subdivision, "state" includes "political subdivision."
821 (2) [
822 Procurement Code, to the contrary, Section 63G-6a-1103 applies to all contracts for the
823 construction, alteration, or repair of any public building or public work of the state or a
824 political subdivision of the state.
825 Section 16. Section 17-16a-4 is amended to read:
826 17-16a-4. Prohibited use of official position -- Exception.
827 (1) Except as provided in Subsection (3), it is an offense for an elected or appointed
828 officer, under circumstances not amounting to a violation of Section [
829 63G-6a-2304 or 76-8-105 , to:
830 (a) disclose confidential information acquired by reason of the officer's official position
831 or use that information to secure special privileges or exemptions for himself or others;
832
833 the officer or for others; or
834 (c) knowingly receive, accept, take, seek or solicit, directly or indirectly, any gift or
835 loan for the officer or for another, if the gift or loan tends to influence the officer in the
836 discharge of the officer's official duties.
837 (2) This section is inapplicable to:
838 (a) an occasional nonpecuniary gift having a value of less than $50;
839 (b) an award publicly presented;
840 (c) any bona fide loan made in the ordinary course of business; or
841 (d) political campaign contributions actually used in a political campaign.
842 (3) A member of a county legislative body who is also a member of the governing
843 board of a provider of mental health or substance abuse services under contract with the county
844 does not commit an offense under Subsection (1)(a) or (b) by discharging, in good faith, the
845 duties and responsibilities of each position, if the county legislative body member does not
846 participate in the process of selecting the mental health or substance abuse service provider.
847 Section 17. Section 17-43-202 is amended to read:
848 17-43-202. Local substance abuse authorities -- Requirements prior to
849 distributing public funds.
850 (1) Each local substance abuse authority shall award all public funds in compliance
851 with:
852 (a) the requirements of Title 63G, Chapter [
853 (b) a county procurement ordinance that requires similar procurement practices.
854 (2) If all initial bids on the project are rejected, the authority shall publish a new
855 invitation to bid. If no satisfactory bid is received by the authority when the bids received from
856 the second invitation are opened, the authority may execute a contract without requiring
857 competitive bidding.
858 (3) A local substance abuse authority need not comply with the procurement provisions
859 of this section when it disburses public funds to another political subdivision of the state or an
860 institution of higher education of the state.
861 (4) Each contract awarded by a local substance abuse authority shall be for a fixed
862 amount and limited period. A contract may be modified due to changes in available funding
863
864 Section 18. Section 17-43-302 is amended to read:
865 17-43-302. Local mental health authorities -- Requirements prior to distributing
866 public funds.
867 (1) Each local mental health authority shall award all public funds by complying with
868 the requirements of Title 63G, Chapter [
869 county procurement ordinance which requires similar procurement practices.
870 (2) If all initial bids on the project are rejected, the authority shall publish a new
871 invitation to bid in the manner specified in this section. If no satisfactory bid is received by the
872 authority when the bids received from the second invitation are opened, the authority may
873 execute a contract without requiring competitive bidding.
874 (3) The local mental health authority need not comply with the procurement provisions
875 of this section when it disburses public funds to another political subdivision of the state or an
876 institution of higher education of the state.
877 (4) Each contract awarded by a local mental health authority shall be for a fixed
878 amount and limited period. A contract may be modified due to changes in available funding
879 for the same contract purpose without competition.
880 Section 19. Section 17-53-225 is amended to read:
881 17-53-225. County legislative body may adopt Utah Procurement Code --
882 Retention of records.
883 (1) A county legislative body may adopt any or all of the provisions of Title 63G,
884 Chapter [
885 (2) Whenever any county is required by law to receive bids for purchases, construction,
886 repairs, or any other purpose requiring the expenditure of funds, that county shall keep on file
887 all bids received, together with proof of advertisement by publication or otherwise, for:
888 (a) at least three years following the letting of any contract pursuant to those bids; or
889 (b) three years following the first advertisement for the bids, if all bids pursuant to that
890 advertisement are rejected.
891 Section 20. Section 17-53-313 is amended to read:
892 17-53-313. Hiring of professional architect, engineer, or surveyor.
893 Notwithstanding the adoption of some or all of the provisions of Title 63G, Chapter [
894
895 services of a professional architect, engineer, or surveyor and considers more than one such
896 professional for the engagement:
897 (1) shall consider, as a minimum, in the selection process:
898 (a) the qualifications, experience, and background of each firm submitting a proposal;
899 (b) the specific individuals assigned to the project and the time commitments of each to
900 the project; and
901 (c) the project schedule and the approach to the project that the firm will take; and
902 (2) may engage the services of a professional architect, engineer, or surveyor based on
903 the criteria under Subsection (1) rather than solely on lowest cost.
904 Section 21. Section 17B-1-108 is amended to read:
905 17B-1-108. Restrictions on local district procurement of architect-engineer
906 services.
907 (1) As used in this section:
908 (a) "Architect-engineer services" means those professional services within the scope of
909 the practice of architecture as defined in Section 58-3a-102 .
910 (b) "Engineer services" means those professional services within the scope of the
911 practice of professional engineering as defined in Section 58-22-102 .
912 (2) When a local district elects to obtain architect services or engineering services by
913 using a competitive procurement process and has provided public notice of its competitive
914 procurement process:
915 (a) a higher education entity, or any part of one, may not submit a proposal in response
916 to the local district's competitive procurement process; and
917 (b) the local district may not award a contract to perform the architect services or
918 engineering services solicited in the competitive procurement process to a higher education
919 entity or any part of one.
920 (3) Notwithstanding Subsection [
921 board that engages the services of a professional architect, engineer, or surveyor and considers
922 more than one such professional for the engagement:
923 (a) shall consider, as a minimum, in the selection process:
924 (i) the qualifications, experience, and background of each firm submitting a proposal;
925
926 to the project; and
927 (iii) the project schedule and the approach to the project that the firm will take; and
928 (b) may engage the services of a professional architect, engineer, or surveyor based on
929 the criteria under Subsection (3)(a) rather than solely on lowest cost.
930 Section 22. Section 17B-2a-818 is amended to read:
931 17B-2a-818. Requirements applicable to public transit district contracts.
932 (1) A public transit district shall comply with the applicable provisions of Title 63G,
933 Chapter [
934 (2) If construction of a district facility or work exceeds $750,000, the construction shall
935 be let as provided in:
936 (a) Title 63G, Chapter [
937 (b) Section 17B-2a-818.5 .
938 Section 23. Section 17B-2a-818.5 is amended to read:
939 17B-2a-818.5. Contracting powers of public transit districts -- Health insurance
940 coverage.
941 (1) For purposes of this section:
942 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
943 34A-2-104 who:
944 (i) works at least 30 hours per calendar week; and
945 (ii) meets employer eligibility waiting requirements for health care insurance which
946 may not exceed the first day of the calendar month following 90 days from the date of hire.
947 (b) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
948 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
949 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
950 (2) (a) Except as provided in Subsection (3), this section applies to a design or
951 construction contract entered into by the public transit district on or after July 1, 2009, and to a
952 prime contractor or to a subcontractor in accordance with Subsection (2)(b).
953 (b) (i) A prime contractor is subject to this section if the prime contract is in the
954 amount of $1,500,000 or greater.
955 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
956
957 (3) This section does not apply if:
958 (a) the application of this section jeopardizes the receipt of federal funds;
959 (b) the contract is a sole source contract; or
960 (c) the contract is an emergency procurement.
961 (4) (a) This section does not apply to a change order as defined in Section [
962 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
963 threshold required by Subsection (2).
964 (b) A person who intentionally uses change orders or contract modifications to
965 circumvent the requirements of Subsection (2) is guilty of an infraction.
966 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the public transit
967 district that the contractor has and will maintain an offer of qualified health insurance coverage
968 for the contractor's employees and the employee's dependents during the duration of the
969 contract.
970 (b) If a subcontractor of the contractor is subject to Subsection (2)(b), the contractor
971 shall demonstrate to the public transit district that the subcontractor has and will maintain an
972 offer of qualified health insurance coverage for the subcontractor's employees and the
973 employee's dependents during the duration of the contract.
974 (c) (i) (A) A contractor who fails to meet the requirements of Subsection (5)(a) during
975 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
976 the public transit district under Subsection (6).
977 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
978 requirements of Subsection (5)(b).
979 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
980 the duration of the contract is subject to penalties in accordance with an ordinance adopted by
981 the public transit district under Subsection (6).
982 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
983 requirements of Subsection (5)(a).
984 (6) The public transit district shall adopt ordinances:
985 (a) in coordination with:
986 (i) the Department of Environmental Quality in accordance with Section 19-1-206 ;
987
988 (iii) the State Building Board in accordance with Section 63A-5-205 ;
989 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ; and
990 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
991 (b) which establish:
992 (i) the requirements and procedures a contractor shall follow to demonstrate to the
993 public transit district compliance with this section which shall include:
994 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
995 (b) more than twice in any 12-month period; and
996 (B) that the actuarially equivalent determination required for the qualified health
997 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
998 department or division with a written statement of actuarial equivalency from either:
999 (I) the Utah Insurance Department;
1000 (II) an actuary selected by the contractor or the contractor's insurer; or
1001 (III) an underwriter who is responsible for developing the employer group's premium
1002 rates;
1003 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
1004 violates the provisions of this section, which may include:
1005 (A) a three-month suspension of the contractor or subcontractor from entering into
1006 future contracts with the public transit district upon the first violation;
1007 (B) a six-month suspension of the contractor or subcontractor from entering into future
1008 contracts with the public transit district upon the second violation;
1009 (C) an action for debarment of the contractor or subcontractor in accordance with
1010 Section [
1011 (D) monetary penalties which may not exceed 50% of the amount necessary to
1012 purchase qualified health insurance coverage for employees and dependents of employees of
1013 the contractor or subcontractor who were not offered qualified health insurance coverage
1014 during the duration of the contract; and
1015 (iii) a website on which the district shall post the benchmark for the qualified health
1016 insurance coverage identified in Subsection (1)(c).
1017 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(b)(ii), a contractor
1018
1019 employee for health care costs that would have been covered by qualified health insurance
1020 coverage.
1021 (ii) An employer has an affirmative defense to a cause of action under Subsection
1022 (7)(a)(i) if:
1023 (A) the employer relied in good faith on a written statement of actuarial equivalency
1024 provided by an:
1025 (I) actuary; or
1026 (II) underwriter who is responsible for developing the employer group's premium rates;
1027 or
1028 (B) a department or division determines that compliance with this section is not
1029 required under the provisions of Subsection (3) or (4).
1030 (b) An employee has a private right of action only against the employee's employer to
1031 enforce the provisions of this Subsection (7).
1032 (8) Any penalties imposed and collected under this section shall be deposited into the
1033 Medicaid Restricted Account created in Section 26-18-402 .
1034 (9) The failure of a contractor or subcontractor to provide qualified health insurance
1035 coverage as required by this section:
1036 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
1037 or contractor under Section [
1038 Chapter [
1039 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
1040 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
1041 or construction.
1042 Section 24. Section 17D-1-106 is amended to read:
1043 17D-1-106. Special service districts subject to other provisions.
1044 (1) A special service district is, to the same extent as if it were a local district, subject
1045 to and governed by:
1046 (a) Sections 17B-1-105 , 17B-1-107 , 17B-1-108 , [
1047 17B-1-112 , 17B-1-113 , 17B-1-116 , 17B-1-118 , 17B-1-119 , 17B-1-120 , and 17B-1-121 ;
1048 (b) Subsections 17B-1-301 (3) and (4), Sections 17B-1-304 , 17B-1-305 , 17B-1-306 ,
1049
1050 (c) Section 20A-1-512 ;
1051 (d) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
1052 (e) Title 17B, Chapter 1, Part 7, Local District Budgets and Audit Reports;
1053 (f) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
1054 (g) Title 17B, Chapter 1, Part 9, Collection of Service Fees and Charges.
1055 (2) For purposes of applying the provisions listed in Subsection (1) to a special service
1056 district, each reference in those provisions to the local district board of trustees means the
1057 governing body.
1058 Section 25. Section 17D-2-108 is amended to read:
1059 17D-2-108. Other statutory provisions.
1060 (1) This chapter is supplemental to existing laws relating to a local entity's acquisition,
1061 use, maintenance, management, or operation of a project.
1062 (2) Except as provided in this chapter, a local entity or local building authority that
1063 complies with the provisions of this chapter need not comply with any other statutory provision
1064 concerning the acquisition, construction, use, or maintenance of a project, including:
1065 (a) a statute relating to public bidding; and
1066 (b) Title 63G, Chapter [
1067 (3) A local building authority is, to the same extent as if it were a local district, subject
1068 to and governed by:
1069 (a) Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts;
1070 (b) Title 17B, Chapter 1, Part 8, Local District Personnel Management; and
1071 (c) Section 17B-1-108 .
1072 Section 26. Section 19-1-206 is amended to read:
1073 19-1-206. Contracting powers of department -- Health insurance coverage.
1074 (1) For purposes of this section:
1075 (a) "Employee" means an "employee," "worker," or "operative" as defined in Section
1076 34A-2-104 who:
1077 (i) works at least 30 hours per calendar week; and
1078 (ii) meets employer eligibility waiting requirements for health care insurance which
1079 may not exceed the first day of the calendar month following 90 days from the date of hire.
1080
1081 (c) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
1082 (d) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
1083 (2) (a) Except as provided in Subsection (3), this section applies to a design or
1084 construction contract entered into by or delegated to the department or a division or board of
1085 the department on or after July 1, 2009, and to a prime contractor or subcontractor in
1086 accordance with Subsection (2)(b).
1087 (b) (i) A prime contractor is subject to this section if the prime contract is in the
1088 amount of $1,500,000 or greater.
1089 (ii) A subcontractor is subject to this section if a subcontract is in the amount of
1090 $750,000 or greater.
1091 (3) This section does not apply to contracts entered into by the department or a division
1092 or board of the department if:
1093 (a) the application of this section jeopardizes the receipt of federal funds;
1094 (b) the contract or agreement is between:
1095 (i) the department or a division or board of the department; and
1096 (ii) (A) another agency of the state;
1097 (B) the federal government;
1098 (C) another state;
1099 (D) an interstate agency;
1100 (E) a political subdivision of this state; or
1101 (F) a political subdivision of another state;
1102 (c) the executive director determines that applying the requirements of this section to a
1103 particular contract interferes with the effective response to an immediate health and safety
1104 threat from the environment; or
1105 (d) the contract is:
1106 (i) a sole source contract; or
1107 (ii) an emergency procurement.
1108 (4) (a) This section does not apply to a change order as defined in Section [
1109 63G-6a-103 , or a modification to a contract, when the contract does not meet the initial
1110 threshold required by Subsection (2).
1111
1112 circumvent the requirements of Subsection (2) is guilty of an infraction.
1113 (5) (a) A contractor subject to Subsection (2) shall demonstrate to the executive
1114 director that the contractor has and will maintain an offer of qualified health insurance
1115 coverage for the contractor's employees and the employees' dependents during the duration of
1116 the contract.
1117 (b) If a subcontractor of the contractor is subject to Subsection (2), the contractor shall
1118 demonstrate to the executive director that the subcontractor has and will maintain an offer of
1119 qualified health insurance coverage for the subcontractor's employees and the employees'
1120 dependents during the duration of the contract.
1121 (c) (i) (A) A contractor who fails to comply with Subsection (5)(a) during the duration
1122 of the contract is subject to penalties in accordance with administrative rules adopted by the
1123 department under Subsection (6).
1124 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
1125 requirements of Subsection (5)(b).
1126 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (5)(b) during
1127 the duration of the contract is subject to penalties in accordance with administrative rules
1128 adopted by the department under Subsection (6).
1129 (B) A subcontractor is not subject to penalties for the failure of a contractor to meet the
1130 requirements of Subsection (5)(a).
1131 (6) The department shall adopt administrative rules:
1132 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1133 (b) in coordination with:
1134 (i) a public transit district in accordance with Section 17B-2a-818.5 ;
1135 (ii) the Department of Natural Resources in accordance with Section 79-2-404 ;
1136 (iii) the State Building Board in accordance with Section 63A-5-205 ;
1137 (iv) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
1138 (v) the Department of Transportation in accordance with Section 72-6-107.5 ; and
1139 (vi) the Legislature's Administrative Rules Review Committee; and
1140 (c) which establish:
1141 (i) the requirements and procedures a contractor shall follow to demonstrate to the
1142
1143 (A) that a contractor will not have to demonstrate compliance with Subsection (5)(a) or
1144 (b) more than twice in any 12-month period; and
1145 (B) that the actuarially equivalent determination required for the qualified health
1146 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
1147 department or division with a written statement of actuarial equivalency from either:
1148 (I) the Utah Insurance Department;
1149 (II) an actuary selected by the contractor or the contractor's insurer; or
1150 (III) an underwriter who is responsible for developing the employer group's premium
1151 rates;
1152 (ii) the penalties that may be imposed if a contractor or subcontractor intentionally
1153 violates the provisions of this section, which may include:
1154 (A) a three-month suspension of the contractor or subcontractor from entering into
1155 future contracts with the state upon the first violation;
1156 (B) a six-month suspension of the contractor or subcontractor from entering into future
1157 contracts with the state upon the second violation;
1158 (C) an action for debarment of the contractor or subcontractor in accordance with
1159 Section [
1160 (D) notwithstanding Section 19-1-303 , monetary penalties which may not exceed 50%
1161 of the amount necessary to purchase qualified health insurance coverage for an employee and
1162 the dependents of an employee of the contractor or subcontractor who was not offered qualified
1163 health insurance coverage during the duration of the contract; and
1164 (iii) a website on which the department shall post the benchmark for the qualified
1165 health insurance coverage identified in Subsection (1)(c).
1166 (7) (a) (i) In addition to the penalties imposed under Subsection (6)(c), a contractor or
1167 subcontractor who intentionally violates the provisions of this section shall be liable to the
1168 employee for health care costs that would have been covered by qualified health insurance
1169 coverage.
1170 (ii) An employer has an affirmative defense to a cause of action under Subsection
1171 (7)(a)(i) if:
1172 (A) the employer relied in good faith on a written statement of actuarial equivalency
1173
1174 (I) an actuary; or
1175 (II) an underwriter who is responsible for developing the employer group's premium
1176 rates; or
1177 (B) the department determines that compliance with this section is not required under
1178 the provisions of Subsection (3) or (4).
1179 (b) An employee has a private right of action only against the employee's employer to
1180 enforce the provisions of this Subsection (7).
1181 (8) Any penalties imposed and collected under this section shall be deposited into the
1182 Medicaid Restricted Account created in Section 26-18-402 .
1183 (9) The failure of a contractor or subcontractor to provide qualified health insurance
1184 coverage as required by this section:
1185 (a) may not be the basis for a protest or other action from a prospective bidder, offeror,
1186 or contractor under Section [
1187 Chapter [
1188 (b) may not be used by the procurement entity or a prospective bidder, offeror, or
1189 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
1190 or construction.
1191 Section 27. Section 20A-11-701 is amended to read:
1192 20A-11-701. Campaign financial reporting by corporations -- Filing requirements
1193 -- Statement contents.
1194 (1) (a) Each corporation that has made expenditures for political purposes that total at
1195 least $750 during a calendar year shall file a verified financial statement with the lieutenant
1196 governor's office:
1197 (i) on January 10, reporting expenditures as of December 31 of the previous year;
1198 (ii) seven days before the regular primary election date;
1199 (iii) on August 31; and
1200 (iv) seven days before the regular general election date.
1201 (b) The corporation shall report:
1202 (i) a detailed listing of all expenditures made since the last statement;
1203 (ii) for financial statements filed under Subsections (1)(a)(ii) through (iv), all
1204
1205 (iii) whether the corporation, including an officer of the corporation, director of the
1206 corporation, or person with at least 10% ownership in the corporation:
1207 (A) has bid since the last financial statement on a contract, as defined in Section
1208 [
1209 (B) is currently bidding on a contract, as defined in Section [
1210 in excess of $100,000; or
1211 (C) is a party to a contract, as defined in Section [
1212 $100,000.
1213 (c) The corporation need not file a financial statement under this section if the
1214 corporation made no expenditures during the reporting period.
1215 (2) The financial statement shall include:
1216 (a) the name and address of each reporting entity that received an expenditure from the
1217 corporation, and the amount of each expenditure;
1218 (b) the total amount of expenditures disbursed by the corporation; and
1219 (c) a statement by the corporation's treasurer or chief financial officer certifying the
1220 accuracy of the financial statement.
1221 Section 28. Section 26-8a-405.3 is amended to read:
1222 26-8a-405.3. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1223 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
1224 Section 26-8a-405.2 , or for non-911 services under Section 26-8a-405.4 , shall be solicited
1225 through a request for proposal and the provisions of this section.
1226 (b) The governing body of the political subdivision shall approve the request for
1227 proposal prior to the notice of the request for proposals under Subsection (1)(c).
1228 (c) (i) Notice of the request for proposals shall be published:
1229 (A) at least once a week for three consecutive weeks in a newspaper of general
1230 circulation published in the county; or
1231 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1232 least five public places in the county; and
1233 (ii) in accordance with Section 45-1-101 for at least 20 days.
1234 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1235
1236 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1237 political subdivision shall hold a presubmission conference with interested applicants for the
1238 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
1239 (ii) A political subdivision shall allow at least 90 days from the presubmission
1240 conference for the proposers to submit proposals.
1241 (c) Subsequent to the presubmission conference, the political subdivision may issue
1242 addenda to the request for proposals. An addenda to a request for proposal shall be finalized
1243 and posted by the political subdivision at least 45 days before the day on which the proposal
1244 must be submitted.
1245 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1246 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1247 permitted after submission and before a contract is awarded for the purpose of obtaining best
1248 and final offers.
1249 (e) In conducting discussions, there shall be no disclosures of any information derived
1250 from proposals submitted by competing offerors.
1251 (3) (a) (i) A political subdivision may select an applicant approved by the department
1252 under Section 26-8a-404 to provide 911 ambulance or paramedic services by contract to the
1253 most responsible offeror as defined in [
1254 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1255 proposal is determined in writing to be the most advantageous to the political subdivision,
1256 taking into consideration price and the evaluation factors set forth in the request for proposal.
1257 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1258 under this section may be the political subdivision issuing the request for competitive sealed
1259 proposals, or any other public entity or entities, any private person or entity, or any
1260 combination thereof.
1261 (c) A political subdivision may reject all of the competitive proposals.
1262 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1263 a political subdivision:
1264 (a) shall apply the public convenience and necessity factors listed in Subsections
1265 26-8a-408 (2) through (6);
1266
1267 will meet performance standards in the request for proposal;
1268 (c) may not require or restrict an applicant to a certain method of meeting the
1269 performance standards, including:
1270 (i) requiring ambulance medical personnel to also be a firefighter; or
1271 (ii) mandating that offerors use fire stations or dispatch services of the political
1272 subdivision;
1273 (d) shall require an applicant to submit the proposal:
1274 (i) based on full cost accounting in accordance with generally accepted accounting
1275 principals; and
1276 (ii) if the applicant is a governmental entity, in addition to the requirements of
1277 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1278 in compliance with the State of Utah Legal Compliance Audit Guide; and
1279 (e) shall set forth in the request for proposal:
1280 (i) the method for determining full cost accounting in accordance with generally
1281 accepted accounting principles, and require an applicant to submit the proposal based on such
1282 full cost accounting principles;
1283 (ii) guidelines established to further competition and provider accountability; and
1284 (iii) a list of the factors that will be considered by the political subdivision in the award
1285 of the contract, including by percentage, the relative weight of the factors established under this
1286 Subsection (4)(e), which may include such things as:
1287 (A) response times;
1288 (B) staging locations;
1289 (C) experience;
1290 (D) quality of care; and
1291 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1292 (5) (a) Notwithstanding [
1293 of Title 63G, Chapter 6a, Utah Procurement Code, to the contrary, the provisions of Title 63G,
1294 Chapter [
1295 procurement process required by this section, except as provided in Subsection (5)(c).
1296 (b) [
1297
1298 an offeror under this section in the same manner as provided in Section [
1299 63G-6a-1703 .
1300 (c) (i) An offeror may appeal the solicitation or award as provided by the political
1301 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
1302 may appeal under the provisions of Subsections (5)(a) and (b).
1303 (ii) The factual determination required by Subsection [
1304 shall be based on whether the solicitation or award was made in accordance with the
1305 procedures set forth in this section and Section 26-8a-405.2 .
1306 (d) The determination of an issue of fact by the appeals board shall be final and
1307 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
1308 [
1309 Section 29. Section 26-8a-405.5 is amended to read:
1310 26-8a-405.5. Use of competitive sealed proposals -- Procedure -- Appeal rights.
1311 (1) (a) The department shall issue a request for proposal for non-911 services in a
1312 geographic service area if the department receives a request from a political subdivision under
1313 Subsection 26-8a-405.4 (3)(a)(ii)(B) to issue a request for proposal for non-911 services.
1314 (b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be
1315 solicited through a request for proposal and the provisions of this section.
1316 (c) (i) Notice of the request for proposals shall be published:
1317 (A) at least once a week for three consecutive weeks in a newspaper of general
1318 circulation published in the county; or
1319 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1320 least five public places in the county; and
1321 (ii) in accordance with Section 45-1-101 for at least 20 days.
1322 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1323 offerors during the process of negotiations.
1324 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1325 department shall hold a presubmission conference with interested applicants for the purpose of
1326 assuring full understanding of, and responsiveness to, solicitation requirements.
1327 (ii) The department shall allow at least 90 days from the presubmission conference for
1328
1329 (c) Subsequent to the presubmission conference, the department may issue addenda to
1330 the request for proposals. An addenda to a request for proposal shall be finalized and posted by
1331 the department at least 45 days before the day on which the proposal must be submitted.
1332 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1333 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1334 permitted after submission and before a contract is awarded for the purpose of obtaining best
1335 and final offers.
1336 (e) In conducting discussions, there shall be no disclosures of any information derived
1337 from proposals submitted by competing offerors.
1338 (3) (a) (i) The department may select an applicant approved by the department under
1339 Section 26-8a-404 to provide non-911 services by contract to the most responsible offeror as
1340 defined in [
1341 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1342 proposal is determined in writing to be the most advantageous to the public, taking into
1343 consideration price and the evaluation factors set forth in the request for proposal.
1344 (b) The applicants who are approved under Section 26-8a-405 and who are selected
1345 under this section may be the political subdivision responding to the request for competitive
1346 sealed proposals, or any other public entity or entities, any private person or entity, or any
1347 combination thereof.
1348 (c) The department may reject all of the competitive proposals.
1349 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1350 the department:
1351 (a) shall consider the public convenience and necessity factors listed in Subsections
1352 26-8a-408 (2) through (6);
1353 (b) shall require the applicant responding to the proposal to disclose how the applicant
1354 will meet performance standards in the request for proposal;
1355 (c) may not require or restrict an applicant to a certain method of meeting the
1356 performance standards, including:
1357 (i) requiring ambulance medical personnel to also be a firefighter; or
1358 (ii) mandating that offerors use fire stations or dispatch services of the political
1359
1360 (d) shall require an applicant to submit the proposal:
1361 (i) based on full cost accounting in accordance with generally accepted accounting
1362 principals; and
1363 (ii) if the applicant is a governmental entity, in addition to the requirements of
1364 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1365 in compliance with the State of Utah Legal Compliance Audit Guide; and
1366 (e) shall set forth in the request for proposal:
1367 (i) the method for determining full cost accounting in accordance with generally
1368 accepted accounting principles, and require an applicant to submit the proposal based on such
1369 full cost accounting principles;
1370 (ii) guidelines established to further competition and provider accountability; and
1371 (iii) a list of the factors that will be considered by the department in the award of the
1372 contract, including by percentage, the relative weight of the factors established under this
1373 Subsection (4)(e), which may include such things as:
1374 (A) response times;
1375 (B) staging locations;
1376 (C) experience;
1377 (D) quality of care; and
1378 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1379 (5) A license issued under this section:
1380 (a) is for the exclusive geographic service area approved by the department;
1381 (b) is valid for four years;
1382 (c) is not subject to a request for license from another applicant under the provisions of
1383 Sections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license
1384 is revoked under Section 26-8a-504 ;
1385 (d) is subject to supervision by the department under Sections 26-8a-503 and
1386 26-8a-504 ; and
1387 (e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections
1388 26-8a-406 through 26-8a-409 .
1389 Section 30. Section 26-10-8 is amended to read:
1390
1391 (1) Funds provided to the department through Sections 51-9-201 and 59-14-204 to be
1392 used to provide services, shall be awarded to non-governmental entities based on a competitive
1393 process consistent with Title 63G, Chapter [
1394 (2) Beginning July 1, 2010, and not more than every five years thereafter, the
1395 department shall issue requests for proposals for new or renewing contracts to award funding
1396 for programs under Subsection (1).
1397 Section 31. Section 26-10b-102 is amended to read:
1398 26-10b-102. Department to award grants and contracts -- Applications.
1399 (1) (a) Within appropriations specified by the Legislature for this purpose, the
1400 department may make grants to public and nonprofit entities for the cost of operation of
1401 providing primary health care services to medically underserved populations.
1402 (b) The department may, as funding permits, contract with community based
1403 organizations for the purpose of developing culturally and linguistically appropriate programs
1404 and services for low income and medically underserved populations through a pilot program to
1405 accomplish one or more of the following:
1406 (i) to educate individuals:
1407 (A) to use private and public health care coverage programs, products, services, and
1408 resources in a timely, effective, and responsible manner;
1409 (B) to make prudent use of private and public health care resources;
1410 (C) to pursue preventive health care, health screenings, and disease management; and
1411 (D) to locate health care programs and services;
1412 (ii) to assist individuals to develop:
1413 (A) personal health management;
1414 (B) self-sufficiency in daily care; and
1415 (C) life and disease management skills;
1416 (iii) to support translation of health materials and information;
1417 (iv) to facilitate an individual's access to primary care services and providers, including
1418 mental health services; and
1419 (v) to measure and report empirical results of the pilot project.
1420 (2) (a) Grants by the department shall be awarded based on:
1421
1422 department; and
1423 (ii) the criteria established in Section 26-10b-103 .
1424 (b) The application for a grant under Subsection (2)(a) shall contain:
1425 (i) a requested award amount;
1426 (ii) a budget; and
1427 (iii) a narrative plan of the manner in which the applicant intends to provide the
1428 primary health care services described in Subsection 26-10b-101 (7).
1429 (c) A contract bid for a service under Subsection (1)(b):
1430 (i) shall be awarded in accordance with Title 63G, Chapter [
1431 Code;
1432 (ii) shall include the information described in Section 26-10b-103 ; and
1433 (iii) is subject to Subsection (3) [
1434 (3) (a) An applicant under this chapter shall demonstrate to the department that the
1435 applicant will not deny services to a person because of the person's inability to pay for the
1436 services.
1437 (b) Subsection (3)(a) does not preclude an applicant from seeking payment from the
1438 person receiving services, a third party, or a government agency if:
1439 (i) the applicant is authorized to charge for the services; and
1440 (ii) the person, third party, or government agency is under legal obligation to pay the
1441 charges.
1442 (4) The department shall maximize the use of federal matching funds received for
1443 services under Subsection (1)(b) to fund additional contracts under Subsection (1)(b).
1444 Section 32. Section 26-18-2.6 is amended to read:
1445 26-18-2.6. Dental benefits.
1446 (1) (a) The division shall establish a competitive bid process to bid out Medicaid dental
1447 benefits under this chapter.
1448 (b) The division may bid out the Medicaid dental benefits separately from other
1449 program benefits.
1450 (2) The division shall use the following criteria to evaluate dental bids:
1451 (a) ability to manage dental expenses;
1452
1453 (c) efficiency of claim paying procedures;
1454 (d) provider contracting, discounts, and adequacy of network; and
1455 (e) other criteria established by the department.
1456 (3) The division shall request bids for the program's benefits:
1457 (a) in 2011; and
1458 (b) at least once every five years thereafter.
1459 (4) The division's contract with dental plans for the program's benefits shall include
1460 risk sharing provisions in which the dental plan must accept 100% of the risk for any difference
1461 between the division's premium payments per client and actual dental expenditures.
1462 (5) The division may not award contracts to:
1463 (a) more than three responsive bidders under this section; or
1464 (b) an insurer that does not have a current license in the state.
1465 (6) (a) The division may cancel the request for proposals if:
1466 (i) there are no responsive bidders; or
1467 (ii) the division determines that accepting the bids would increase the program's costs.
1468 (b) If the division cancels the request for proposals under Subsection (6)(a), the
1469 division shall report to the Health and Human Services Committee regarding the reasons for
1470 the decision.
1471 (7) Title 63G, Chapter [
1472 Section 33. Section 26-40-110 is amended to read:
1473 26-40-110. Managed care -- Contracting for services.
1474 (1) Program benefits provided to enrollees under the program, as described in Section
1475 26-40-106 , shall be delivered in a managed care system if the department determines that
1476 adequate services are available where the enrollee lives or resides.
1477 (2) (a) The department shall use the following criteria to evaluate bids from health
1478 plans:
1479 (i) ability to manage medical expenses, including mental health costs;
1480 (ii) proven ability to handle accident and health insurance;
1481 (iii) efficiency of claim paying procedures;
1482 (iv) proven ability for managed care and quality assurance;
1483
1484 (vi) pharmacy benefit management;
1485 (vii) an estimate of total charges for administering the pool;
1486 (viii) ability to administer the pool in a cost-efficient manner;
1487 (ix) the ability to provide adequate providers and services in the state; and
1488 (x) other criteria established by the department.
1489 (b) The dental benefits required by Section 26-40-106 may be bid out separately from
1490 other program benefits.
1491 (c) Except for dental benefits, the department shall request bids for the program's
1492 benefits in 2008. The department shall request bids for the program's dental benefits in 2009.
1493 The department shall request bids for the program's benefits at least once every five years
1494 thereafter.
1495 (d) The department's contract with health plans for the program's benefits shall include
1496 risk sharing provisions in which the health plan shall accept at least 75% of the risk for any
1497 difference between the department's premium payments per client and actual medical
1498 expenditures.
1499 (3) The executive director shall report to and seek recommendations from the Health
1500 Advisory Council created in Section 26-1-7.5 :
1501 (a) if the division receives less than two bids or proposals under this section that are
1502 acceptable to the division or responsive to the bid; and
1503 (b) before awarding a contract to a managed care system.
1504 (4) (a) The department shall award contracts to responsive bidders if the department
1505 determines that a bid is acceptable and meets the criteria of Subsections (2)(a) and (d).
1506 (b) The department may contract with the Group Insurance Division within the Utah
1507 State Retirement Office to provide services under Subsection (1) if:
1508 (i) the executive director seeks the recommendation of the Health Advisory Council
1509 under Subsection (3); and
1510 (ii) the executive director determines that the bids were not acceptable to the
1511 department.
1512 (c) In accordance with Section 49-20-201 , a contract awarded under Subsection (4)(b)
1513 is not subject to the risk sharing required by Subsection (2)(d).
1514
1515 Section 34. Section 30-3-11.3 is amended to read:
1516 30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
1517 Curriculum -- Exceptions.
1518 (1) The Judicial Council shall approve and implement a mandatory course for
1519 divorcing parents in all judicial districts. The mandatory course is designed to educate and
1520 sensitize divorcing parties to their children's needs both during and after the divorce process.
1521 (2) The Judicial Council shall adopt rules to implement and administer this program.
1522 (3) As a prerequisite to receiving a divorce decree, both parties are required to attend a
1523 mandatory course on their children's needs after filing a complaint for divorce and receiving a
1524 docket number, unless waived under Section 30-3-4 . If that requirement is waived, the court
1525 may permit the divorce action to proceed.
1526 (4) The court may require unmarried parents to attend this educational course when
1527 those parents are involved in a visitation or custody proceeding before the court.
1528 (5) The mandatory course shall instruct both parties:
1529 (a) about divorce and its impacts on:
1530 (i) their child or children;
1531 (ii) their family relationship; and
1532 (iii) their financial responsibilities for their child or children; and
1533 (b) that domestic violence has a harmful effect on children and family relationships.
1534 (6) The Administrative Office of the Courts shall administer the course pursuant to
1535 Title 63G, Chapter [
1536 organize the program in each of Utah's judicial districts. The contracts shall provide for the
1537 recoupment of administrative expenses through the costs charged to individual parties,
1538 pursuant to Subsection (8).
1539 (7) A certificate of completion constitutes evidence to the court of course completion
1540 by the parties.
1541 (8) (a) Each party shall pay the costs of the course to the independent contractor
1542 providing the course at the time and place of the course. A fee of $8 shall be collected, as part
1543 of the course fee paid by each participant, and deposited in the Children's Legal Defense
1544 Account, described in Section 51-9-408 .
1545
1546 without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
1547 impecuniosity filed in the district court. In those situations, the independent contractor shall be
1548 reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
1549 "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
1550 may be entered, the court shall make a final review and determination of impecuniosity and
1551 may order the payment of the costs if so determined.
1552 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1553 for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
1554 the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
1555 (10) The Administrative Office of the Courts shall adopt a program to evaluate the
1556 effectiveness of the mandatory educational course. Progress reports shall be provided if
1557 requested by the Judiciary Interim Committee.
1558 Section 35. Section 30-3-11.4 is amended to read:
1559 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
1560 Curriculum -- Exceptions.
1561 (1) There is established a mandatory divorce orientation course for all parties with
1562 minor children who file a petition for temporary separation or for a divorce. A couple with no
1563 minor children are not required, but may choose to attend the course. The purpose of the
1564 course shall be to educate parties about the divorce process and reasonable alternatives.
1565 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
1566 filing a petition for divorce.
1567 (3) The respondent shall attend the divorce orientation course no more than 30 days
1568 after being served with a petition for divorce.
1569 (4) The clerk of the court shall provide notice to a petitioner of the requirement for the
1570 course, and information regarding the course shall be included with the petition or motion,
1571 when served on the respondent.
1572 (5) The divorce orientation course shall be neutral, unbiased, at least one hour in
1573 duration, and include:
1574 (a) options available as alternatives to divorce;
1575 (b) resources available from courts and administrative agencies for resolving custody
1576
1577 (c) resources available to improve or strengthen the marriage;
1578 (d) a discussion of the positive and negative consequences of divorce;
1579 (e) a discussion of the process of divorce;
1580 (f) options available for proceeding with a divorce, including:
1581 (i) mediation;
1582 (ii) collaborative law; and
1583 (iii) litigation; and
1584 (g) a discussion of post-divorce resources.
1585 (6) The course may be provided in conjunction with the mandatory course for
1586 divorcing parents required by Section 30-3-11.3 .
1587 (7) The Administrative Office of the Courts shall administer the course pursuant to
1588 Title 63G, Chapter [
1589 (8) Each participant shall pay the costs of the course, which may not exceed $20, to the
1590 independent contractor providing the course at the time and place of the course.
1591 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
1592 deposited in the Children's Legal Defense Account described in Section 51-9-408 .
1593 (b) A participant who is unable to pay the costs of the course may attend without
1594 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
1595 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
1596 of the Courts. A petitioner who is later determined not to meet the qualifications for
1597 impecuniosity may be ordered to pay the costs of the course.
1598 (9) Appropriations from the General Fund to the Administrative Office of the Courts
1599 for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
1600 determined to be impecunious as provided in Subsection (8)(b).
1601 (10) The Online Court Assistance Program shall include instructions with the forms for
1602 divorce which inform the petitioner of the requirement of this section.
1603 (11) Both parties shall attend a divorce orientation course before a divorce decree may
1604 be entered, unless waived by the court. A certificate of completion constitutes evidence to the
1605 court of course completion by the parties.
1606 (12) It shall be an affirmative defense in all divorce actions that the divorce orientation
1607
1608 complied.
1609 (13) The Administrative Office of the Courts shall adopt a program to evaluate the
1610 effectiveness of the mandatory educational course. Progress reports shall be provided if
1611 requested by the Judiciary Interim Committee.
1612 Section 36. Section 30-3-38 is amended to read:
1613 30-3-38. Expedited Parent-time Enforcement Program.
1614 (1) There is established an Expedited Parent-time Enforcement Program in the third
1615 judicial district to be administered by the Administrative Office of the Courts.
1616 (2) As used in this section:
1617 (a) "Mediator" means a person who:
1618 (i) is qualified to mediate parent-time disputes under criteria established by the
1619 Administrative Office of the Courts; and
1620 (ii) agrees to follow billing guidelines established by the Administrative Office of the
1621 Courts and this section.
1622 (b) "Services to facilitate parent-time" or "services" means services designed to assist
1623 families in resolving parent-time problems through:
1624 (i) counseling;
1625 (ii) supervised parent-time;
1626 (iii) neutral drop-off and pick-up;
1627 (iv) educational classes; and
1628 (v) other related activities.
1629 (3) (a) If a parent files a motion in the third district court alleging that court-ordered
1630 parent-time rights are being violated, the clerk of the court, after assigning the case to a judge,
1631 shall refer the case to the administrator of this program for assignment to a mediator, unless a
1632 parent is incarcerated or otherwise unavailable. Unless the court rules otherwise, a parent
1633 residing outside of the state is not unavailable. The director of the program for the courts, the
1634 court, or the mediator may excuse either party from the requirement to mediate for good cause.
1635 (b) Upon receipt of a case, the mediator shall:
1636 (i) meet with the parents to address parent-time issues within 15 days of the motion
1637 being filed;
1638
1639 (iii) facilitate an agreement on parent-time between the parents; and
1640 (iv) determine whether a referral to a service provider under Subsection (3)(c) is
1641 warranted.
1642 (c) While a case is in mediation, a mediator may refer the parents to a service provider
1643 designated by the Department of Human Services for services to facilitate parent-time if:
1644 (i) the services may be of significant benefit to the parents; or
1645 (ii) (A) a mediated agreement between the parents is unlikely; and
1646 (B) the services may facilitate an agreement.
1647 (d) At any time during mediation, a mediator shall terminate mediation and transfer the
1648 case to the administrator of the program for referral to the judge or court commissioner to
1649 whom the case was assigned under Subsection (3)(a) if:
1650 (i) a written agreement between the parents is reached; or
1651 (ii) the parents are unable to reach an agreement through mediation and:
1652 (A) the parents have received services to facilitate parent-time;
1653 (B) both parents object to receiving services to facilitate parent-time; or
1654 (C) the parents are unlikely to benefit from receiving services to facilitate parent-time.
1655 (e) Upon receiving a case from the administrator of the program, a judge or court
1656 commissioner may:
1657 (i) review the agreement of the parents and, if acceptable, sign it as an order;
1658 (ii) order the parents to receive services to facilitate parent-time;
1659 (iii) proceed with the case; or
1660 (iv) take other appropriate action.
1661 (4) (a) If a parent makes a particularized allegation of physical or sexual abuse of a
1662 child who is the subject of a parent-time order against the other parent or a member of the other
1663 parent's household to a mediator or service provider, the mediator or service provider shall
1664 immediately report that information to:
1665 (i) the judge assigned to the case who may immediately issue orders and take other
1666 appropriate action to resolve the allegation and protect the child; and
1667 (ii) the Division of Child and Family Services within the Department of Human
1668 Services in the manner required by Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
1669
1670 (b) If an allegation under Subsection (4)(a) is made against a parent with parent-time
1671 rights or a member of that parent's household, parent-time by that parent shall, pursuant to an
1672 order of the court, be supervised until:
1673 (i) the allegation has been resolved; or
1674 (ii) a court orders otherwise.
1675 (c) Notwithstanding an allegation under Subsection (4)(a), a mediator may continue to
1676 mediate parent-time problems and a service provider may continue to provide services to
1677 facilitate parent-time unless otherwise ordered by a court.
1678 (5) (a) The Department of Human Services may contract with one or more entities in
1679 accordance with Title 63G, Chapter [
1680 (i) services to facilitate parent-time;
1681 (ii) case management services; and
1682 (iii) administrative services.
1683 (b) An entity who contracts with the Department of Human Services under Subsection
1684 (5)(a) shall:
1685 (i) be qualified to provide one or more of the services listed in Subsection (5)(a); and
1686 (ii) agree to follow billing guidelines established by the Department of Human Services
1687 and this section.
1688 (6) (a) Except as provided in Subsection (6)(b), the cost of mediation shall be:
1689 (i) reduced to a sum certain;
1690 (ii) divided equally between the parents; and
1691 (iii) charged against each parent taking into account the ability of that parent to pay
1692 under billing guidelines adopted in accordance with this section.
1693 (b) A judge may order a parent to pay an amount in excess of that provided for in
1694 Subsection (6)(a) if the parent:
1695 (i) failed to participate in good faith in mediation or services to facilitate parent-time;
1696 or
1697 (ii) made an unfounded assertion or claim of physical or sexual abuse of a child.
1698 (c) (i) The cost of mediation and services to facilitate parent-time may be charged to
1699 parents at periodic intervals.
1700
1701 ground of nonpayment if both parents are delinquent.
1702 (7) (a) The Judicial Council may make rules to implement and administer the
1703 provisions of this program related to mediation.
1704 (b) The Department of Human Services may make rules to implement and administer
1705 the provisions of this program related to services to facilitate parent-time.
1706 (8) (a) The Administrative Office of the Courts shall adopt outcome measures to
1707 evaluate the effectiveness of the mediation component of this program. Progress reports shall
1708 be provided to the Judiciary Interim Committee as requested by the committee.
1709 (b) The Department of Human Services shall adopt outcome measures to evaluate the
1710 effectiveness of the services component of this program. Progress reports shall be provided to
1711 the Judiciary Interim Committee as requested by the committee.
1712 (c) The Administrative Office of the Courts and the Department of Human Services
1713 may adopt joint outcome measures and file joint reports to satisfy the requirements of
1714 Subsections (7)(a) and (b).
1715 (9) The Department of Human Services shall, by following the procedures and
1716 requirements of Title 63J, Chapter 5, Federal Funds Procedures, apply for federal funds as
1717 available.
1718 Section 37. Section 31A-29-110 is amended to read:
1719 31A-29-110. Pool administrator -- Selection -- Powers.
1720 (1) The board shall select a pool administrator in accordance with Title 63G, Chapter
1721 [
1722 the board, which shall include:
1723 (a) ability to manage medical expenses;
1724 (b) proven ability to handle accident and health insurance;
1725 (c) efficiency of claim paying procedures;
1726 (d) marketing and underwriting;
1727 (e) proven ability for managed care and quality assurance;
1728 (f) provider contracting and discounts;
1729 (g) pharmacy benefit management;
1730 (h) an estimate of total charges for administering the pool; and
1731
1732 (2) A pool administrator may be:
1733 (a) a health insurer;
1734 (b) a health maintenance organization;
1735 (c) a third-party administrator; or
1736 (d) any person or entity which has demonstrated ability to meet the criteria in
1737 Subsection (1).
1738 (3) (a) The pool administrator shall serve for a period of three years, with two one-year
1739 extension options, subject to the terms, conditions, and limitations of the contract between the
1740 board and the administrator.
1741 (b) At least one year prior to the expiration of the contract between the board and the
1742 pool administrator, the board shall invite all interested parties, including the current pool
1743 administrator, to submit bids to serve as the pool administrator.
1744 (c) Selection of the pool administrator for a succeeding period shall be made at least
1745 six months prior to the expiration of the period of service under Subsection (3)(a).
1746 (4) The pool administrator is responsible for all operational functions of the pool and
1747 shall:
1748 (a) have access to all nonpatient specific experience data, statistics, treatment criteria,
1749 and guidelines compiled or adopted by the Medicaid program, the Public Employees Health
1750 Plan, the Department of Health, or the Insurance Department, and which are not otherwise
1751 declared by statute to be confidential;
1752 (b) perform all marketing, eligibility, enrollment, member agreements, and
1753 administrative claim payment functions relating to the pool;
1754 (c) establish, administer, and operate a monthly premium billing procedure for
1755 collection of premiums from enrollees;
1756 (d) perform all necessary functions to assure timely payment of benefits to enrollees,
1757 including:
1758 (i) making information available relating to the proper manner of submitting a claim
1759 for benefits to the pool administrator and distributing forms upon which submission shall be
1760 made; and
1761 (ii) evaluating the eligibility of each claim for payment by the pool;
1762
1763 frequency, content, and form of which reports shall be determined by the board;
1764 (f) following the close of each calendar year, determine net written and earned
1765 premiums, the expense of administration, and the paid and incurred losses for the year and
1766 submit a report of this information to the board, the commissioner, and the Division of Finance
1767 on a form prescribed by the commissioner; and
1768 (g) be paid as provided in the plan of operation for expenses incurred in the
1769 performance of the pool administrator's services.
1770 Section 38. Section 31A-29-111 is amended to read:
1771 31A-29-111. Eligibility -- Limitations.
1772 (1) (a) Except as provided in Subsection (1)(b), an individual who is not HIPAA
1773 eligible is eligible for pool coverage if the individual:
1774 (i) pays the established premium;
1775 (ii) is a resident of this state; and
1776 (iii) meets the health underwriting criteria under Subsection (5)(a).
1777 (b) Notwithstanding Subsection (1)(a), an individual who is not HIPAA eligible is not
1778 eligible for pool coverage if one or more of the following conditions apply:
1779 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1780 except as provided in Section 31A-29-112 ;
1781 (ii) the individual has terminated coverage in the pool, unless:
1782 (A) 12 months have elapsed since the termination date; or
1783 (B) the individual demonstrates that creditable coverage has been involuntarily
1784 terminated for any reason other than nonpayment of premium;
1785 (iii) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1786 (iv) the individual is an inmate of a public institution;
1787 (v) the individual is eligible for a public health plan, as defined in federal regulations
1788 adopted pursuant to 42 U.S.C. 300gg;
1789 (vi) the individual's health condition does not meet the criteria established under
1790 Subsection (5);
1791 (vii) the individual is eligible for coverage under an employer group that offers a health
1792 benefit plan or a self-insurance arrangement to its eligible employees, dependents, or members
1793
1794 (A) an eligible employee;
1795 (B) a dependent of an eligible employee; or
1796 (C) a member;
1797 (viii) the individual is covered under any other health benefit plan;
1798 (ix) at the time of application, the individual has not resided in Utah for at least 12
1799 consecutive months preceding the date of application; or
1800 (x) the individual's employer pays any part of the individual's health benefit plan
1801 premium, either as an insured or a dependent, for pool coverage.
1802 (2) (a) Except as provided in Subsection (2)(b), an individual who is HIPAA eligible is
1803 eligible for pool coverage if the individual:
1804 (i) pays the established premium; and
1805 (ii) is a resident of this state.
1806 (b) Notwithstanding Subsection (2)(a), a HIPAA eligible individual is not eligible for
1807 pool coverage if one or more of the following conditions apply:
1808 (i) the individual is eligible for health care benefits under Medicaid or Medicare,
1809 except as provided in Section 31A-29-112 ;
1810 (ii) the individual is eligible for a public health plan, as defined in federal regulations
1811 adopted pursuant to 42 U.S.C. 300gg;
1812 (iii) the individual is covered under any other health benefit plan;
1813 (iv) the individual is eligible for coverage under an employer group that offers a health
1814 benefit plan or self-insurance arrangements to its eligible employees, dependents, or members
1815 as:
1816 (A) an eligible employee;
1817 (B) a dependent of an eligible employee; or
1818 (C) a member;
1819 (v) the pool has paid the maximum lifetime benefit to or on behalf of the individual;
1820 (vi) the individual is an inmate of a public institution; or
1821 (vii) the individual's employer pays any part of the individual's health benefit plan
1822 premium, either as an insured or a dependent, for pool coverage.
1823 (3) (a) Notwithstanding Subsection (1)(b)(ix), if otherwise eligible under Subsection
1824
1825 similar coverage is terminated because of nonresidency in another state is eligible for coverage
1826 under the pool subject to the conditions of Subsections (1)(b)(i) through (viii).
1827 (b) Coverage sought under Subsection (3)(a) shall be applied for within 63 days after
1828 the termination date of the previous high risk pool coverage.
1829 (c) The effective date of this state's pool coverage shall be the date of termination of
1830 the previous high risk pool coverage.
1831 (d) The waiting period of an individual with a preexisting condition applying for
1832 coverage under this chapter shall be waived:
1833 (i) to the extent to which the waiting period was satisfied under a similar plan from
1834 another state; and
1835 (ii) if the other state's benefit limitation was not reached.
1836 (4) (a) If an eligible individual applies for pool coverage within 30 days of being
1837 denied coverage by an individual carrier, the effective date for pool coverage shall be no later
1838 than the first day of the month following the date of submission of the completed insurance
1839 application to the carrier.
1840 (b) Notwithstanding Subsection (4)(a), for individuals eligible for coverage under
1841 Subsection (3), the effective date shall be the date of termination of the previous high risk pool
1842 coverage.
1843 (5) (a) The board shall establish and adjust, as necessary, health underwriting criteria
1844 based on:
1845 (i) health condition; and
1846 (ii) expected claims so that the expected claims are anticipated to remain within
1847 available funding.
1848 (b) The board, with approval of the commissioner, may contract with one or more
1849 providers under Title 63G, Chapter [
1850 criteria under Subsection (5)(a).
1851 (c) If an individual is denied coverage by the pool under the criteria established in
1852 Subsection (5)(a), the pool shall issue a certificate of insurability to the individual for coverage
1853 under Subsection 31A-30-108 (3).
1854 Section 39. Section 31A-33-104 is amended to read:
1855
1856 (1) The Workers' Compensation Fund is exempt from the provisions of:
1857 (a) Title 52, Chapter 4, Open and Public Meetings Act;
1858 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
1859 (c) Title 63A, Utah Administrative Services Code.
1860 (2) The board may specifically exempt the Workers' Compensation Fund from any
1861 provisions of:
1862 (a) Title 67, Chapter 19, Utah State Personnel Management Act; and
1863 (b) Title 63G, Chapter [
1864 (3) The provisions of Title 63G, Chapter 4, Administrative Procedures Act, do not
1865 govern the initial determination of any person's eligibility for benefits under Title 34A, Chapter
1866 2, Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act.
1867 Section 40. Section 31A-33-107 is amended to read:
1868 31A-33-107. Duties of board -- Creation of subsidiaries -- Entering into joint
1869 enterprises.
1870 (1) The board shall:
1871 (a) appoint a chief executive officer to administer the Workers' Compensation Fund;
1872 (b) receive and act upon financial, management, and actuarial reports covering the
1873 operations of the Workers' Compensation Fund;
1874 (c) ensure that the Workers' Compensation Fund is administered according to law;
1875 (d) examine and approve an annual operating budget for the Workers' Compensation
1876 Fund;
1877 (e) serve as investment trustees and fiduciaries of the Injury Fund;
1878 (f) receive and act upon recommendations of the chief executive officer;
1879 (g) develop broad policy for the long-term operation of the Workers' Compensation
1880 Fund, consistent with its mission and fiduciary responsibility;
1881 (h) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve any rating
1882 plans that would modify a policyholder's premium;
1883 (i) subject to Chapter 19a, Part 4, Workers' Compensation Rates, approve the amount
1884 of deviation, if any, from standard insurance rates;
1885 (j) approve the amount of the dividends, if any, to be returned to policyholders;
1886
1887 6a, Utah Procurement Code;
1888 (l) develop and publish an annual report to policyholders, the governor, the Legislature,
1889 and interested parties that describes the financial condition of the Injury Fund, including a
1890 statement of expenses and income and what measures were taken or will be necessary to keep
1891 the Injury Fund actuarially sound;
1892 (m) establish a fiscal year;
1893 (n) determine and establish an actuarially sound price for insurance offered by the
1894 fund;
1895 (o) establish conflict of interest requirements that govern the board, officers, and
1896 employees;
1897 (p) establish compensation and reasonable expenses to be paid to directors on the board
1898 subject to the requirements of Section 31A-33-106 , so that the board may not approve
1899 compensation that exceeds the amount described in Subsection 31A-33-106 (18)(a)(i)(B); and
1900 (q) perform all other acts necessary for the policymaking and oversight of the Workers'
1901 Compensation Fund.
1902 (2) Subject to board review and its responsibilities under Subsection (1)(e), the board
1903 may delegate authority to make daily investment decisions.
1904 (3) The fund may form or acquire a subsidiary or enter into a joint enterprise:
1905 (a) only if that action is approved by the board; and
1906 (b) subject to the limitations in Section 31A-33-103.5 .
1907 Section 41. Section 34A-2-203 is amended to read:
1908 34A-2-203. Payment of premiums for workers' compensation.
1909 (1) Until June 30, 2007, a department, commission, board, or other agency of the state
1910 shall pay the insurance premium on its employees direct to the Workers' Compensation Fund.
1911 (2) Beginning July 1, 2007, the state shall secure the payment of workers'
1912 compensation benefits for its employees:
1913 (a) by:
1914 (i) insuring, and keeping insured, the payment of this compensation with the Workers'
1915 Compensation Fund;
1916 (ii) insuring, and keeping insured, the payment of this compensation with any stock
1917
1918 insurance in this state; or
1919 (iii) paying direct compensation as a self-insured employer in the amount, in the
1920 manner, and when due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1921 Act;
1922 (b) in accordance with Title 63A, Chapter 4, Risk Management; and
1923 (c) subject to Subsection (3).
1924 (3) (a) If the state determines to secure the payment of workers' compensation benefits
1925 for its employees by paying direct compensation as a self-insured employer in the amount, in
1926 the manner, and due as provided for in this chapter or Chapter 3, Utah Occupational Disease
1927 Act, the state is:
1928 (i) exempt from Section 34A-2-202.5 and Subsection 34A-2-704 (14); and
1929 (ii) required to pay a premium assessment as provided in Section 34A-2-202 .
1930 (b) If the state chooses to pay workers' compensation benefits for its employees
1931 through insuring under Subsection (2)(a)(i) or (ii), the state shall obtain that insurance in
1932 accordance with Title 63G, Chapter [
1933 Section 42. Section 35A-5-202 is amended to read:
1934 35A-5-202. Contracts with providers.
1935 (1) In compliance with Title 63G, Chapter [
1936 department shall enter into a contract with one or more qualified providers to implement the
1937 workforce improvement plan created under Section 35A-5-201 .
1938 (2) A contract entered into under this section shall be:
1939 (a) performance based; and
1940 (b) structured so that the provider receives reimbursement based on:
1941 (i) job development;
1942 (ii) participant placement in jobs;
1943 (iii) wages and benefits provided; and
1944 (iv) participant retention in jobs over at least a 12-month period.
1945 (3) If the department determines through the procurement process that there are no
1946 qualified providers to implement the workforce improvement plan, the department may
1947 implement the plan.
1948
1949 38-1-30. Third party contract -- Designated agent.
1950 (1) The division shall contract in accordance with Title 63G, Chapter [
1951 Procurement Code, with a third party to establish and maintain the database for the purposes
1952 established under this section, Section 38-1-27 , and Sections 38-1-31 through 38-1-36 .
1953 (2) (a) The third party under contract under this section is the division's designated
1954 agent, and shall develop and maintain a database from the information provided by:
1955 (i) local government entities issuing building permits;
1956 (ii) original contractors;
1957 (iii) subcontractors; and
1958 (iv) other interested persons.
1959 (b) The database shall accommodate filings by third parties on behalf of clients.
1960 (c) The division and the designated agent shall design, develop, and test the database
1961 for full implementation on May 1, 2005.
1962 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1963 division shall make rules and develop procedures for:
1964 (a) the division to oversee and enforce this section, Section 38-1-27 , and Sections
1965 38-1-31 through 38-1-36 ;
1966 (b) the designated agent to administer this section, Section 38-1-27 , and Sections
1967 38-1-31 through 38-1-36 ; and
1968 (c) the form of submission of an alternate filing, which may include procedures for
1969 rejecting an illegible or incomplete filing.
1970 (4) (a) The designated agent shall archive computer data files at least semiannually for
1971 auditing purposes.
1972 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1973 division shall make rules to allow the designated agent to periodically archive projects from the
1974 database.
1975 (c) A project shall be archived no earlier than:
1976 (i) one year after the day on which a notice of completion is filed for a project;
1977 (ii) if no notice of completion is filed, two years after the last filing activity for a
1978 project; or
1979
1980 38-1-32 (6)(c) or 38-1-33 (2)(c).
1981 (d) The division may audit the designated agent's administration of the database as
1982 often as the division considers necessary.
1983 (5) The designated agent shall carry errors and omissions insurance in the amounts
1984 established by rule made by the division in accordance with Title 63G, Chapter 3, Utah
1985 Administrative Rulemaking Act.
1986 (6) (a) The designated agent shall make reasonable efforts to assure the accurate entry
1987 into the database of information provided in alternate filings.
1988 (b) The designated agent shall meet or exceed standards established by the division for
1989 the accuracy of data entry for alternate filings.
1990 (7) The designated agent is not liable for the correctness of the information contained
1991 in an alternate filing it enters into the database.
1992 Section 44. Section 38-1-39 is amended to read:
1993 38-1-39. Waiver or impairment of a lien right -- Forms -- Scope.
1994 (1) As used in this section:
1995 (a) "Check" means a payment instrument on a depository institution including:
1996 (i) a check;
1997 (ii) a draft;
1998 (iii) an order; or
1999 (iv) other instrument.
2000 (b) "Depository institution" is as defined in Section 7-1-103 .
2001 (c) "Lien claimant" means a person that claims a lien under this chapter.
2002 (d) "Receives payment" means, in the case of a restrictive endorsement, a payee has
2003 endorsed a check and the check is presented to and paid by the depository institution on which
2004 it is drawn.
2005 (2) Notwithstanding Section 38-1-29 , a written consent given by a lien claimant that
2006 waives or limits the lien claimant's lien rights is enforceable only if the lien claimant:
2007 (a) (i) executes a waiver and release that is signed by the lien claimant or the lien
2008 claimant's authorized agent; or
2009 (ii) for a restrictive endorsement on a check, includes a restrictive endorsement on a
2010
2011 (A) signed by the lien claimant or the lien claimant's authorized agent; and
2012 (B) in substantially the same form set forth in Subsection (4)(d); and
2013 (b) receives payment of the amount identified in the waiver and release or check that
2014 includes the restrictive endorsement:
2015 (i) including payment by a joint payee check; and
2016 (ii) for a progress payment, only to the extent of the payment.
2017 (3) (a) Notwithstanding the language of a waiver and release described in Subsection
2018 (2), Subsection (3)(b) applies if:
2019 (i) the payment given in exchange for any waiver and release of lien is made by check;
2020 and
2021 (ii) the check fails to clear the depository institution on which it is drawn for any
2022 reason.
2023 (b) If the conditions of Subsection (3)(a) are met:
2024 (i) the waiver and release described in Subsection (3)(a) is null, void, and of no legal
2025 effect; and
2026 (ii) the following will not be affected by the lien claimant's execution of the waiver and
2027 release:
2028 (A) any lien;
2029 (B) any lien right;
2030 (C) any bond right;
2031 (D) any contract right; or
2032 (E) any other right to recover payment afforded to the lien claimant in law or equity.
2033 (4) (a) A waiver and release given by a lien claimant meets the requirements of this
2034 section if it is in substantially the form provided in this Subsection (4) for the circumstance
2035 provided in this Subsection (4).
2036 (b) A waiver and release may be in substantially the following form if the lien claimant
2037 is required to execute a waiver and release in exchange for or to induce the payment of a
2038 progress billing:
2039
2040 Property Name: _____________________________________________________________
2041
2042 Undersigned's Customer: _____________________________________________________
2043 Invoice/Payment Application Number: __________________________________________
2044 Payment Amount: ___________________________________________________________
2045 Payment Period: ____________________________________________________________
2046 To the extent provided below, this document becomes effective to release and the
2047 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
2048 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
2049 Bonds, or Section [
2050 the above described Property once:
2051 (1) the undersigned endorses a check in the above referenced Payment Amount payable
2052 to the undersigned; and
2053 (2) the check is paid by the depository institution on which it is drawn.
2054 This waiver and release applies to a progress payment for the work, materials,
2055 equipment, or a combination of work, materials, and equipment furnished by the undersigned
2056 to the Property or to the Undersigned's Customer which are the subject of the Invoice or
2057 Payment Application, but only to the extent of the Payment Amount. This waiver and release
2058 does not apply to any retention withheld; any items, modifications, or changes pending
2059 approval; disputed items and claims; or items furnished or invoiced after the Payment Period.
2060 The undersigned warrants that the undersigned either has already paid or will use the
2061 money the undersigned receives from this progress payment promptly to pay in full all the
2062 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
2063 equipment, or combination of work, materials, and equipment that are the subject of this
2064 waiver and release.
2065 Dated: ________________________
2066 ___________________________________________________________(Company Name)
2067 _____________________________________________________By:__________________
2068 _____________________________________________________Its:__________________"
2069 (c) A waiver and release may be in substantially the following form if the lien claimant
2070 is required to execute a waiver and release in exchange for or to induce the payment of a final
2071 billing:
2072
2073 Property Name: ____________________________________________________________
2074 Property Location: __________________________________________________________
2075 Undersigned's Customer: _____________________________________________________
2076 Invoice/Payment Application Number: __________________________________________
2077 Payment Amount: ___________________________________________________________
2078 To the extent provided below, this document becomes effective to release and the
2079 undersigned is considered to waive any notice of lien or right under Utah Code Ann., Title 38,
2080 Chapter 1, Mechanics' Liens, or any bond right under Utah Code Ann., Title 14, Contractors'
2081 Bonds, or Section [
2082 the above described Property once:
2083 (1) the undersigned endorses a check in the above referenced Payment Amount payable
2084 to the undersigned; and
2085 (2) the check is paid by the depository institution on which it is drawn.
2086 This waiver and release applies to the final payment for the work, materials, equipment,
2087 or combination of work, materials, and equipment furnished by the undersigned to the Property
2088 or to the Undersigned's Customer.
2089 The undersigned warrants that the undersigned either has already paid or will use the
2090 money the undersigned receives from the final payment promptly to pay in full all the
2091 undersigned's laborers, subcontractors, materialmen, and suppliers for all work, materials,
2092 equipment, or combination of work, materials, and equipment that are the subject of this
2093 waiver and release.
2094 Dated: ________________________
2095 ___________________________________________________________(Company Name)
2096 _____________________________________________________By:__________________
2097 _____________________________________________________Its:__________________"
2098 (d) A restrictive endorsement placed on a check to effectuate a waiver and release
2099 described in this Subsection (4) meets the requirements of this section if it is in substantially
2100 the following form:
2101 "This check is a progress/ final payment for property described on this check sufficient
2102 for identification. Endorsement of this check is an acknowledgment by the endorser that the
2103
2104 Code Ann. Subsection 38-1-39 (4)(b) or (c) respectively."
2105 (e) (i) If using a restrictive endorsement under Subsection (4)(d), the person preparing
2106 the check shall indicate whether the check is for a progress payment or a final payment by
2107 circling the word "progress" if the check is for a progress payment, or the word "final" if the
2108 check is for a final payment.
2109 (ii) If a restrictive endorsement does not indicate whether the check is for a progress
2110 payment or a final payment, it is considered to be for a progress payment.
2111 (5) (a) If the conditions of Subsection (5)(b) are met, this section does not affect the
2112 enforcement of:
2113 (i) an accord and satisfaction regarding a bona fide dispute; or
2114 (ii) an agreement made in settlement of an action pending in any court or arbitration.
2115 (b) Pursuant to Subsection (5)(a), this section does not affect enforcement of an accord
2116 and satisfaction or settlement described in Subsection (5)(a) if the accord and satisfaction or
2117 settlement:
2118 (i) is in a writing signed by the lien claimant; and
2119 (ii) specifically references the lien rights waived or impaired.
2120 Section 45. Section 41-12a-803 is amended to read:
2121 41-12a-803. Program creation -- Administration -- Selection of designated agent
2122 -- Duties -- Rulemaking -- Audits.
2123 (1) There is created the Uninsured Motorist Identification Database Program to:
2124 (a) establish an Uninsured Motorist Identification Database to verify compliance with
2125 motor vehicle owner's or operator's security requirements under Section 41-12a-301 and other
2126 provisions under this part;
2127 (b) assist in reducing the number of uninsured motor vehicles on the highways of the
2128 state;
2129 (c) assist in increasing compliance with motor vehicle registration and sales and use tax
2130 laws;
2131 (d) assist in protecting a financial institution's bona fide security interest in a motor
2132 vehicle; and
2133 (e) assist in the identification and prevention of identity theft and other crimes.
2134
2135 designated agent and the Motor Vehicle Division.
2136 (3) (a) The department shall contract in accordance with Title 63G, Chapter [
2137 Utah Procurement Code, with a third party to establish and maintain an Uninsured Motorist
2138 Identification Database for the purposes established under this part.
2139 (b) The contract may not obligate the department to pay the third party more money
2140 than is available in the account.
2141 (4) (a) The third party under contract under this section is the department's designated
2142 agent, and shall develop and maintain a computer database from the information provided by:
2143 (i) insurers under Section 31A-22-315 ;
2144 (ii) the division under Subsection (6); and
2145 (iii) the Motor Vehicle Division under Section 41-1a-120 .
2146 (b) (i) The database shall be developed and maintained in accordance with guidelines
2147 established by the department so that state and local law enforcement agencies and financial
2148 institutions as defined in Section 7-1-103 can efficiently access the records of the database,
2149 including reports useful for the implementation of the provisions of this part.
2150 (ii) (A) The reports shall be in a form and contain information approved by the
2151 department.
2152 (B) The reports may be made available through the Internet or through other electronic
2153 medium, if the department determines that sufficient security is provided to ensure compliance
2154 with Section 41-12a-805 regarding limitations on disclosure of information in the database.
2155 (5) With information provided by the department and the Motor Vehicle Division, the
2156 designated agent shall, at least monthly for submissions under Subsection 31A-22-315 (2)(b) or
2157 at least twice a month for submissions under Subsection 31A-22-315 (2)(a):
2158 (a) update the database with the motor vehicle insurance information provided by the
2159 insurers in accordance with Section 31A-22-315 ; and
2160 (b) compare all current motor vehicle registrations against the database.
2161 (6) The division shall provide the designated agent with the name, date of birth,
2162 address, and driver license number of all persons on the driver license database.
2163 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2164 department shall make rules and develop procedures in cooperation with the Motor Vehicle
2165
2166 (8) (a) The designated agent shall archive computer data files at least semi-annually for
2167 auditing purposes.
2168 (b) The internal audit unit of the tax commission provided under Section 59-1-206
2169 shall audit the program at least every three years.
2170 (c) The audit under Subsection (8)(b) shall include verification of:
2171 (i) billings made by the designated agent; and
2172 (ii) the accuracy of the designated agent's matching of vehicle registration with
2173 insurance data.
2174 Section 46. Section 53-2-404 is amended to read:
2175 53-2-404. State costs for emergency disaster services.
2176 (1) Subject to this section and Section 53-2-403 , the division shall expend or commit to
2177 expend money described in Subsection 53-2-403 (1)(d)(i) to fund costs to the state of
2178 emergency disaster services.
2179 (2) Money paid by the division under this section to government entities and private
2180 persons providing emergency disaster services are subject to Title 63G, Chapter [
2181 Procurement Code.
2182 Section 47. Section 53A-1-706 is amended to read:
2183 53A-1-706. Purchases of educational technology.
2184 (1) (a) A school district or college of education shall comply with Title 63G, Chapter
2185 [
2186 Subsection (1)(b).
2187 (b) A school district may purchase computers from, and contract for the repair or
2188 refurbishing of computers with, the Utah Correctional Industries without going through the
2189 bidding or competition procedures outlined in Title 63G, Chapter [
2190
2191 (2) A school district or college of education may purchase technology through
2192 cooperative purchasing contracts administered by the state Division of Purchasing or through
2193 its own established purchasing program.
2194 Section 48. Section 53A-1a-511 is amended to read:
2195 53A-1a-511. Waivers from state board rules -- Application of statutes and rules
2196
2197 (1) A charter school shall operate in accordance with its charter and is subject to Title
2198 53A, State System of Public Education, and other state laws applicable to public schools,
2199 except as otherwise provided in this part.
2200 (2) (a) A charter school or any other public school or school district may apply to the
2201 State Board of Education for a waiver of any state board rule that inhibits or hinders the school
2202 or the school district from accomplishing its mission or educational goals set out in its strategic
2203 plan or charter.
2204 (b) The state board may grant the waiver, unless:
2205 (i) the waiver would cause the school district or the school to be in violation of state or
2206 federal law; or
2207 (ii) the waiver would threaten the health, safety, or welfare of students in the district or
2208 at the school.
2209 (c) If the State Board of Education denies the waiver, the reason for the denial shall be
2210 provided in writing to the waiver applicant.
2211 (3) (a) Except as provided in Subsection (3)(b), State Board of Education rules
2212 governing the following do not apply to a charter school:
2213 (i) school libraries;
2214 (ii) required school administrative and supervisory services; and
2215 (iii) required expenditures for instructional supplies.
2216 (b) A charter school shall comply with rules implementing statutes that prescribe how
2217 state appropriations may be spent.
2218 (4) The following provisions of Title 53A, State System of Public Education, and rules
2219 adopted under those provisions, do not apply to a charter school:
2220 (a) Sections 53A-1a-108 and 53A-1a-108.5 , requiring the establishment of a school
2221 community council and school improvement plan;
2222 (b) Sections 53A-3-413 and 53A-3-414 , pertaining to the use of school buildings as
2223 civic centers;
2224 (c) Section 53A-3-420 , requiring the use of activity disclosure statements;
2225 (d) Section 53A-12-207 , requiring notification of intent to dispose of textbooks;
2226 (e) Section 53A-13-107 , requiring annual presentations on adoption;
2227
2228 districts and local school boards; and
2229 (g) Section 53A-14-107 , requiring an independent evaluation of instructional materials.
2230 (5) For the purposes of Title 63G, Chapter [
2231 school shall be considered a local public procurement unit.
2232 (6) Each charter school shall be subject to:
2233 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2234 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2235 (7) (a) The State Charter School Board shall, in concert with the charter schools, study
2236 existing state law and administrative rules for the purpose of determining from which laws and
2237 rules charter schools should be exempt.
2238 (b) (i) The State Charter School Board shall present recommendations for exemption to
2239 the State Board of Education for consideration.
2240 (ii) The State Board of Education shall consider the recommendations of the State
2241 Charter School Board and respond within 60 days.
2242 Section 49. Section 53A-20-101 is amended to read:
2243 53A-20-101. Construction and alteration of schools and plants -- Advertising for
2244 bids -- Payment and performance bonds -- Contracts -- Bidding limitations on local
2245 school boards -- Interest of local school board members.
2246 (1) As used in this section, the word "sealed" does not preclude acceptance of
2247 electronically sealed and submitted bids or proposals in addition to bids or proposals manually
2248 sealed and submitted.
2249 (2) (a) Prior to the construction of any school or the alteration of any existing school
2250 plant, if the total estimated accumulative building project cost exceeds $80,000, a local school
2251 board shall advertise for bids on the project at least 10 days before the bid due date.
2252 (b) The board shall have the advertisement published in a newspaper having general
2253 circulation throughout the state and in appropriate construction trade publications that offer
2254 free listings.
2255 (c) A similar advertisement is required in a newspaper published or having general
2256 circulation in any city or county that would be affected by the proposed project.
2257 (d) The advertisement shall:
2258
2259 specifications furnished by the local school board;
2260 (ii) state where and when the proposals will be opened and shall reserve the right of the
2261 board to reject any and all proposals; and
2262 (iii) require a certified check or bid bond of not less than 5% of the bid to accompany
2263 the bid.
2264 (3) (a) The board shall meet at the time and place specified in the advertisement and
2265 publicly open and read all received proposals.
2266 (b) If satisfactory bids are received, the board shall award the contract to the lowest
2267 responsible bidder.
2268 (c) If none of the proposals are satisfactory, all shall be rejected.
2269 (d) The board shall again advertise in the manner provided in this section.
2270 (e) If, after advertising a second time no satisfactory bid is received, the board may
2271 proceed under its own direction with the required project.
2272 (4) (a) The check or bond required under Subsection (2)(d) shall be drawn in favor of
2273 the local school board.
2274 (b) If the successful bidder fails or refuses to enter into the contract and furnish the
2275 additional bonds required under this section, then the bidder's check or bond is forfeited to the
2276 district.
2277 (5) A local school board shall require payment and performance bonds of the
2278 successful bidder as required in Section [
2279 (6) (a) A local school board may require in the proposed contract that at least 10% of
2280 the contract price be withheld until the project is completed and accepted by the board.
2281 (b) If money is withheld, the board shall place it in an interest bearing account, and the
2282 interest accrues for the benefit of the contractor and subcontractors.
2283 (c) This money shall be paid upon completion of the project and acceptance by the
2284 board.
2285 (7) (a) A local school board may not bid on projects within the district if the total
2286 accumulative estimated cost exceeds $80,000.
2287 (b) The board may use its resources if no satisfactory bids are received under this
2288 section.
2289
2290 63G-6a-1302 to use a construction manager/general contractor as its method of construction
2291 contracting management on projects where the total estimated accumulative cost exceeds
2292 $80,000, it shall select the construction manager/general contractor [
2293
2294 the requirements of Title 63G, Chapter 6a, Utah Procurement Code.
2295 (9) A local school board member may not have a direct or indirect financial interest in
2296 the construction project contract.
2297 Section 50. Section 53A-25b-105 is amended to read:
2298 53A-25b-105. Applicability of statutes to the Utah Schools for the Deaf and the
2299 Blind.
2300 (1) The Utah Schools for the Deaf and the Blind is subject to Title 53A, State System
2301 of Public Education, and other state laws applicable to public schools, except as otherwise
2302 provided by this chapter.
2303 (2) The following provisions of Title 53A, State System of Public Education, do not
2304 apply to the Utah Schools for the Deaf and the Blind:
2305 (a) provisions governing the budgets, funding, or finances of school districts or charter
2306 schools; and
2307 (b) provisions governing school construction.
2308 (3) Except as provided in this chapter, the Utah Schools for the Deaf and the Blind is
2309 subject to state laws governing state agencies, including:
2310 (a) Title 51, Chapter 5, Funds Consolidation Act;
2311 (b) Title 51, Chapter 7, State Money Management Act;
2312 (c) Title 52, Chapter 4, Open and Public Meetings Act;
2313 (d) Title 63A, Utah Administrative Services Code;
2314 (e) Title 63G, Chapter 2, Government Records Access and Management Act;
2315 (f) Title 63G, Chapter 4, Administrative Procedures Act;
2316 (g) Title 63G, Chapter [
2317 (h) Title 63J, Chapter 1, Budgetary Procedures Act;
2318 (i) Title 63J, Chapter 2, Revenue Procedures and Control Act; and
2319 (j) Title 67, Chapter 19, Utah State Personnel Management Act.
2320
2321 53C-1-201 (Effective 07/01/12). Creation of administration -- Purpose -- Director.
2322 (1) (a) There is established within state government the School and Institutional Trust
2323 Lands Administration.
2324 (b) The administration shall manage all school and institutional trust lands and assets
2325 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
2326 of Revenue from Trust Lands, and Sections 51-7a-201 and 51-7a-202 .
2327 (2) The administration is an independent state agency and not a division of any other
2328 department.
2329 (3) (a) It is subject to the usual legislative and executive department controls except as
2330 provided in this Subsection (3).
2331 (b) (i) The director may make rules as approved by the board that allow the
2332 administration to classify a business proposal submitted to the administration as protected
2333 under Section 63G-2-305 , for as long as is necessary to evaluate the proposal.
2334 (ii) The administration shall return the proposal to the party who submitted the
2335 proposal, and incur no further duties under Title 63G, Chapter 2, Government Records Access
2336 and Management Act, if the administration determines not to proceed with the proposal.
2337 (iii) The administration shall classify the proposal pursuant to law if it decides to
2338 proceed with the proposal.
2339 (iv) Section 63G-2-403 does not apply during the review period.
2340 (c) The director shall make rules in compliance with Title 63G, Chapter 3, Utah
2341 Administrative Rulemaking Act, except that the administration is not subject to Subsections
2342 63G-3-301 (6) and (7) and Section 63G-3-601 , and the director, with the board's approval, may
2343 establish a procedure for the expedited approval of rules, based on written findings by the
2344 director showing:
2345 (i) the changes in business opportunities affecting the assets of the trust;
2346 (ii) the specific business opportunity arising out of those changes which may be lost
2347 without the rule or changes to the rule;
2348 (iii) the reasons the normal procedures under Section 63G-3-301 cannot be met without
2349 causing the loss of the specific opportunity;
2350 (iv) approval by at least five board members; and
2351
2352 reasons and justifications for its findings, with the Division of Administrative Rules and
2353 notified interested parties as provided in Subsection 63G-3-301 (10).
2354 (d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
2355 Management Act, except as provided in this Subsection (3)(d).
2356 (ii) The board may approve, upon recommendation of the director, that exemption for
2357 specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
2358 the administration to efficiently fulfill its responsibilities under the law. The director shall
2359 consult with the executive director of the Department of Human Resource Management prior
2360 to making such a recommendation.
2361 (iii) The positions of director, deputy director, associate director, assistant director,
2362 legal counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs
2363 officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).
2364 (iv) Salaries for exempted positions, except for the director, shall be set by the director,
2365 after consultation with the executive director of the Department of Human Resource
2366 Management, within ranges approved by the board. The board and director shall consider
2367 salaries for similar positions in private enterprise and other public employment when setting
2368 salary ranges.
2369 (v) The board may create an annual incentive and bonus plan for the director and other
2370 administration employees designated by the board, based upon the attainment of financial
2371 performance goals and other measurable criteria defined and budgeted in advance by the board.
2372 (e) The administration shall comply with Title 63G, Chapter [
2373 Code, except where the board approves, upon recommendation of the director, exemption from
2374 the Utah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3,
2375 Utah Administrative Rulemaking Act, for procurement, which enable the administration to
2376 efficiently fulfill its responsibilities under the law.
2377 (f) (i) Except as provided in Subsection (3)(f)(ii), the administration is not subject to
2378 the fee agency requirements of Section 63J-1-504 .
2379 (ii) The following fees of the administration are subject to the requirements of Section
2380 63J-1-504 : application, assignment, amendment, affidavit for lost documents, name change,
2381 reinstatement, grazing nonuse, extension of time, partial conveyance, patent reissue, collateral
2382
2383 (4) The administration is managed by a director of school and institutional trust lands
2384 appointed by a majority vote of the board of trustees with the consent of the governor.
2385 (5) (a) The board of trustees shall provide policies for the management of the
2386 administration and for the management of trust lands and assets.
2387 (b) The board shall provide policies for the ownership and control of Native American
2388 remains that are discovered or excavated on school and institutional trust lands in consultation
2389 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
2390 Native American Grave Protection and Repatriation Act. The director may make rules in
2391 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement
2392 policies provided by the board regarding Native American remains.
2393 (6) In connection with joint ventures and other transactions involving trust lands and
2394 minerals approved under Sections 53C-1-303 and 53C-2-401 , the administration, with board
2395 approval, may become a member of a limited liability company under Title 48, Chapter 3, Utah
2396 Revised Uniform Limited Liability Company Act, and is considered a person under Section
2397 48-3-102 .
2398 Section 52. Section 54-3-29 is amended to read:
2399 54-3-29. Removal, relocation, or alteration of utility facility in public highway
2400 construction or reconstruction -- Notice -- Cooperation.
2401 (1) As used in this section:
2402 (a) "Design-build" means a design-build transportation project for which a design-build
2403 transportation project contract is issued, within the meaning of Section [
2404 63G-6a-1402 .
2405 (b) "Municipality" is as defined in Section 10-1-104 .
2406 (c) "Political subdivision" means a:
2407 (i) county; or
2408 (ii) municipality.
2409 (d) "Public agency" means an entity of state government or a political subdivision.
2410 (e) "Public highway" means a highway, street, road, or alley constructed for public use
2411 in the state.
2412 (f) "Utility company" means a privately, cooperatively, or publicly owned utility,
2413
2414 (g) "Utility facility" means:
2415 (i) a telecommunications, gas, electricity, cable television, water, sewer, or data
2416 facility;
2417 (ii) a video transmission line;
2418 (iii) a drainage and irrigation system; or
2419 (iv) a facility similar to those listed in Subsections (1)(g)(i) through (iii) located in, on,
2420 along, across, over, through, or under any public highway.
2421 (2) If a public agency engages in or proposes to engage in a construction or
2422 reconstruction project on a public highway that may require the removal, relocation, or
2423 alteration of a utility facility, the public agency shall:
2424 (a) contact an association, established under Title 54, Chapter 8a, Damage to
2425 Underground Utility Facilities, to identify each utility company that may have a utility facility
2426 in the area of the construction or reconstruction project;
2427 (b) identify a utility company that has an above-ground utility facility in the area of the
2428 proposed construction or reconstruction project; and
2429 (c) electronically notify each utility company identified in accordance with Subsections
2430 (2)(a) and (b).
2431 (3) The notice required by Subsection (2)(c) shall:
2432 (a) be made as early as practicable and at least 30 days:
2433 (i) before the preliminary design or project development meeting;
2434 (ii) before issuance of a request for proposal for a design-build project; or
2435 (iii) after a change in scope of a design-build project;
2436 (b) include:
2437 (i) information concerning the proposed project design;
2438 (ii) the proposed date of a required removal, relocation, or alteration of a utility facility;
2439 (iii) the federal identifying project number, if applicable; and
2440 (c) advise the utility company if the proposed project may qualify for aid for the utility
2441 company's expense in removing, relocating, or altering a utility facility.
2442 (4) A public agency shall permit a utility company notified under Subsection (2) to
2443 participate in the preliminary design or project development meeting, or similar meeting at
2444
2445 (5) (a) A public agency shall, not less than 30 days after providing notice under
2446 Subsection (2) to each utility company, provide the utility company an opportunity to meet
2447 with the public agency to allow the utility company to:
2448 (i) review project plans;
2449 (ii) understand the objectives and funding sources for the proposed project;
2450 (iii) provide and discuss recommendations to the public agency that may reasonably
2451 eliminate or minimize utility removal, relocation, or alteration costs, limit the disruption of
2452 utility company services, or eliminate or reduce the need for present or future utility facility
2453 removal, relocation, or alteration; and
2454 (iv) provide reasonable schedules to enable coordination of the construction project
2455 and removal, relocation, or alteration of a utility facility.
2456 (b) If a public agency provides a utility company with reasonable opportunities to meet
2457 in accordance with Subsection (5)(a), the utility company's failure to meet does not affect the
2458 public agency's ability to proceed with the project.
2459 (6) While recognizing the essential goals and objectives of the public highway agency
2460 in proceeding with and completing a project, the parties shall use their best efforts to find ways
2461 to:
2462 (a) eliminate the cost to the utility of relocation of the utility facilities; or
2463 (b) if elimination of the costs is not feasible, minimize the relocation costs to the extent
2464 reasonably possible.
2465 (7) A utility company notified under Subsection (2) shall coordinate with the public
2466 agency concerning the utility facility removal, relocation, or alteration, including the
2467 scheduling of the utility facility removal, relocation, or alteration.
2468 (8) A public agency and a utility company may address the removal, relocation, or
2469 alteration of a utility facility in relation to a construction or reconstruction project on a public
2470 highway in a franchise agreement in lieu of this section, if the public agency is otherwise
2471 permitted to enter into the franchise agreement.
2472 (9) This chapter does not affect a public agency's authority over a public right-of-way,
2473 including any rule, ordinance, order to relocate a utility as provided in Section 72-6-116 , or
2474 other valid provision governing the use of the public right-of-way.
2475
2476 54-8b-10. Imposing a surcharge to provide hearing and speech impaired persons
2477 with telecommunication devices -- Definitions -- Procedures for establishing program --
2478 Surcharge -- Administration and disposition of surcharge money.
2479 (1) As used in this section:
2480 (a) "Certified deaf or severely hearing or speech impaired person" means any state
2481 resident who:
2482 (i) is so certified by:
2483 (A) a licensed physician;
2484 (B) an otolaryngologist;
2485 (C) a speech language pathologist;
2486 (D) an audiologist; or
2487 (E) a qualified state agency; and
2488 (ii) qualifies for assistance under any low income public assistance program
2489 administered by a state agency.
2490 (b) "Certified interpreter" means a person who is a certified interpreter under Title
2491 53A, Chapter 26a, Interpreter Services for the Hearing Impaired Act.
2492 (c) (i) "Telecommunication device" means any mechanical adaptation device that
2493 enables a deaf or severely hearing or speech impaired person to use the telephone.
2494 (ii) "Telecommunication device" includes:
2495 (A) telecommunication devices for the deaf (TDD);
2496 (B) telephone amplifiers;
2497 (C) telephone signal devices;
2498 (D) artificial larynxes; and
2499 (E) adaptive equipment for TDD keyboard access.
2500 (2) The commission shall hold hearings to establish a program whereby a certified deaf
2501 or severely hearing or speech impaired customer of a telecommunications corporation that
2502 provides service through a local exchange or of a wireless telecommunications provider may
2503 obtain a telecommunication device capable of serving the customer at no charge to the
2504 customer beyond the rate for basic service.
2505 (3) (a) The program described in Subsection (2) shall provide a dual party relay system
2506
2507 person with a normal hearing person by way of telecommunication devices designed for that
2508 purpose.
2509 (b) The commission may, by rule, establish the type of telecommunications device to
2510 be provided to ensure functional equivalence.
2511 (4) (a) The commission shall impose a surcharge on each residential and business
2512 access line of each customer of local-exchange telephone service in this state, and each
2513 residential and business telephone number of each customer of mobile telephone service in this
2514 state, not including a telephone number used exclusively to transfer data to and from a mobile
2515 device, which shall be collected by the telecommunications corporation providing public
2516 telecommunications service to the customer, to cover the costs of:
2517 (i) the program described in Subsection (2); and
2518 (ii) payments made under Subsection (5).
2519 (b) The commission shall establish by rule the amount to be charged under this section,
2520 provided that:
2521 (i) the surcharge does not exceed 20 cents per month for each residential and business
2522 access line for local-exchange telephone service, and for each residential and business
2523 telephone number for mobile telephone service, not including a telephone number used
2524 exclusively to transfer data to and from a mobile device; and
2525 (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
2526 may be imposed, billed, and collected only to the extent permitted by the Mobile
2527 Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
2528 (c) The telecommunications corporation shall collect the surcharge from its customers
2529 and transfer the money collected to the commission under rules adopted by the commission.
2530 (d) The surcharge shall be separately identified on each bill to a customer.
2531 (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
2532 deposited in the state treasury as dedicated credits to be administered as determined by the
2533 commission.
2534 (b) These dedicated credits may be used only:
2535 (i) for the purchase, maintenance, repair, and distribution of telecommunication
2536 devices;
2537
2538 (iii) to reimburse telephone corporations for the expenses incurred in collecting and
2539 transferring to the commission the surcharge imposed by the commission;
2540 (iv) for the general administration of the program;
2541 (v) to train persons in the use of telecommunications devices; and
2542 (vi) by the commission to contract, in compliance with Title 63G, Chapter [
2543 Procurement Code, with:
2544 (A) an institution within the state system of higher education listed in Section
2545 53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
2546 certified interpreters; or
2547 (B) the Division of Services to the Deaf and Hard of Hearing for a program that trains
2548 persons to qualify as certified interpreters.
2549 (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
2550 Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
2551 (ii) In the initial rulemaking to determine the administration of money under
2552 Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
2553 (d) Money received by the commission under Subsection (4) is nonlapsing.
2554 (6) (a) The telephone surcharge need not be collected by a telecommunications
2555 corporation if the amount collected would be less than the actual administrative costs of the
2556 collection.
2557 (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
2558 commission, in lieu of the revenue from the surcharge collection, a breakdown of the
2559 anticipated costs and the expected revenue from the collection, showing that the costs exceed
2560 the revenue.
2561 (7) The commission shall solicit the advice, counsel, and physical assistance of
2562 severely hearing or speech impaired persons and the organizations serving them in the design
2563 and implementation of the program.
2564 Section 54. Section 62A-1-108.5 is amended to read:
2565 62A-1-108.5. Mental illness and intellectual disability examinations --
2566 Responsibilities of the department.
2567 (1) In accomplishing its duties to conduct mental illness and intellectual disability
2568
2569 as outlined in this section and within appropriations authorized by the Legislature. The
2570 executive director may delegate the executive director's responsibilities under this section to
2571 one or more divisions within the department.
2572 (2) When the department is ordered by the court to conduct a mental illness or
2573 intellectual disability examination, the executive director shall:
2574 (a) direct that the examination be performed at the Utah State Hospital; or
2575 (b) designate at least one examiner, selected under Subsection (3), to examine the
2576 defendant in the defendant's current custody or status.
2577 (3) The department shall establish criteria, in consultation with the Commission on
2578 Criminal and Juvenile Justice, and shall contract with persons or organizations to conduct
2579 mental illness and intellectual disability examinations under Subsection (2)(b). In making this
2580 selection, the department shall follow the provisions of Title 63G, Chapter [
2581 Procurement Code.
2582 (4) Nothing in this section prohibits the executive director, at the request of defense
2583 counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of
2584 Criminal Procedure, and for good cause shown, from proposing a person who has not been
2585 previously selected under Subsection (3) to contract with the department to conduct the
2586 examination. In selecting that person, the criteria of the department established under
2587 Subsection (3) and the provisions of Title 63G, Chapter [
2588 be met.
2589 Section 55. Section 62A-3-104 is amended to read:
2590 62A-3-104. Authority of division.
2591 (1) The division is the sole state agency, as defined by the Older Americans Act of
2592 1965, 42 U.S.C. 3001 et seq., to:
2593 (a) serve as an effective and visible advocate for the aging and adult population of this
2594 state;
2595 (b) develop and administer a state plan under the policy direction of the board; and
2596 (c) take primary responsibility for state activities relating to provisions of the Older
2597 Americans Act of 1965, as amended.
2598 (2) (a) The division has authority to designate:
2599
2600 (ii) an area agency on aging within each planning and service area to design and
2601 implement a comprehensive and coordinated system of services and programs for the aged
2602 within appropriations from the Legislature.
2603 (b) Designation as an area agency on aging may be withdrawn:
2604 (i) upon request of the area agency on aging; or
2605 (ii) upon noncompliance with the provisions of the:
2606 (A) Older Americans Act of 1965, 42 U.S.C. 3001 et seq.;
2607 (B) federal regulations enacted under the Older Americans Act of 1965, 42 U.S.C.
2608 3001 et seq.;
2609 (C) provisions of this chapter; or
2610 (D) rules, policies, or procedures established by the division.
2611 (3) (a) The division has the authority to designate:
2612 (i) planning and service areas for the state; and
2613 (ii) subject to Subsection (3)(b), an area agency on high risk adults within each
2614 planning and service area to design and implement a comprehensive and coordinated system of
2615 case management and programs for high risk adults within appropriations from the Legislature.
2616 (b) For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division shall
2617 designate as the area agency on high risk adults in a planning and service area:
2618 (i) the area agency on aging that operates within the same geographic area if that
2619 agency requests, before July 1, 1998, to expand that agency's current contract with the division
2620 to include the responsibility of:
2621 (A) being the area agency on high risk adults; or
2622 (B) operating the area agency on high risk adults:
2623 (I) through joint cooperation with one or more existing area agencies on aging; and
2624 (II) without reducing geographical coverage in any service area; or
2625 (ii) a public or private nonprofit agency or office if the area agency on aging that
2626 operates within the same geographic area has not made a request in accordance with Subsection
2627 (3)(b)(i).
2628 (c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
2629 (ii) The division's efforts to establish area agencies on high risk adults shall start with
2630
2631 (d) Designation as an area agency on high risk adults may be withdrawn:
2632 (i) upon request by the area agency; or
2633 (ii) upon noncompliance with:
2634 (A) state law;
2635 (B) federal law; or
2636 (C) rules, policies, or procedures established by the division.
2637 (4) (a) The division may, by following the procedures and requirements of Title 63J,
2638 Chapter 5, Federal Funds Procedures:
2639 (i) seek federal grants, loans, or participation in federal programs; and
2640 (ii) receive and distribute state and federal funds for the division's programs and
2641 services to the aging and adult populations of the state.
2642 (b) The division may not disburse public funds to a personal care attendant as payment
2643 for personal services rendered to an aged person or high risk adult, except as provided in
2644 Section 62A-3-104.3 .
2645 (5) The division has authority to establish, either directly or by contract, programs of
2646 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
2647 quality of life for aging and adult citizens of the state.
2648 (6) In accordance with the rules of the division and Title 63G, Chapter [
2649 Procurement Code, the division may contract with:
2650 (a) the governing body of an area agency to provide a comprehensive program of
2651 services; or
2652 (b) public and private entities for special services.
2653 (7) The division has authority to provide for collection, compilation, and dissemination
2654 of information, statistics, and reports relating to issues facing aging and adult citizens.
2655 (8) The division has authority to prepare and submit reports regarding the operation
2656 and administration of the division to the department, the Legislature, and the governor, as
2657 requested.
2658 (9) The division shall:
2659 (a) implement and enforce policies established by the board governing all aspects of
2660 the division's programs for aging and adult persons in the state;
2661
2662 and procedures, monitor and evaluate programs provided by or under contract with:
2663 (i) the division;
2664 (ii) area agencies; and
2665 (iii) an entity that receives funds from an area agency;
2666 (c) examine expenditures of public funds;
2667 (d) withhold funds from programs based on contract noncompliance;
2668 (e) review and approve plans of area agencies in order to ensure:
2669 (i) compliance with division policies; and
2670 (ii) a statewide comprehensive program;
2671 (f) in order to further programs for aging and adult persons and prevent duplication of
2672 services, promote and establish cooperative relationships with:
2673 (i) state and federal agencies;
2674 (ii) social and health agencies;
2675 (iii) education and research organizations; and
2676 (iv) other related groups;
2677 (g) advocate for the aging and adult populations;
2678 (h) promote and conduct research on the problems and needs of aging and adult
2679 persons;
2680 (i) submit recommendations for changes in policies, programs, and funding to the:
2681 (i) governor; and
2682 (ii) Legislature; and
2683 (j) (i) accept contributions to and administer the funds contained in the "Out and
2684 About" Homebound Transportation Assistance Fund created in Section 62A-3-110 ; and
2685 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2686 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
2687 Transportation Assistance Fund in accordance with Section 62A-3-110 .
2688 Section 56. Section 62A-3-104.1 is amended to read:
2689 62A-3-104.1. Powers and duties of area agencies.
2690 (1) An area agency that provides services to an aged person, or a high risk adult shall
2691 within the area agency's respective jurisdiction:
2692
2693 hearings, and levies that affect a person described in this Subsection (1);
2694 (b) design and implement a comprehensive and coordinated system of services within a
2695 designated planning and service area;
2696 (c) conduct periodic reviews and evaluations of needs and services;
2697 (d) prepare and submit to the division plans for funding and service delivery for
2698 services within the designated planning and service area;
2699 (e) establish, either directly or by contract, programs licensed under Chapter 2,
2700 Licensure of Programs and Facilities;
2701 (f) (i) appoint an area director;
2702 (ii) prescribe the area director's duties; and
2703 (iii) provide adequate and qualified staff to carry out the area plan described in
2704 Subsection (1)(d);
2705 (g) establish rules not contrary to policies of the board and rules of the division,
2706 regulating local services and facilities;
2707 (h) operate other services and programs funded by sources other than those
2708 administered by the division;
2709 (i) establish mechanisms to provide direct citizen input, including an area agency
2710 advisory council with a majority of members who are eligible for services from the area
2711 agency;
2712 (j) establish fee schedules; and
2713 (k) comply with the requirements and procedures of:
2714 (i) Title 11, Chapter 13, Interlocal Cooperation Act; and
2715 (ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
2716 Organizations, and Other Local Entities Act.
2717 (2) Before disbursing any public funds, an area agency shall require that all entities
2718 receiving any public funds agree in writing that:
2719 (a) the division may examine the entity's program and financial records; and
2720 (b) the auditor of the local area agency may examine and audit the entity's program and
2721 financial records, if requested by the local area agency.
2722 (3) An area agency on aging may not disburse public funds to a personal care attendant
2723
2724 provided in Section 62A-3-104.3 .
2725 (4) (a) For the purpose of providing services pursuant to this part, a local area agency
2726 may receive:
2727 (i) property;
2728 (ii) grants;
2729 (iii) gifts;
2730 (iv) supplies;
2731 (v) materials;
2732 (vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v);
2733 and
2734 (vii) contributions.
2735 (b) If a gift is conditioned upon the gift's use for a specified service or program, the gift
2736 shall be used for the specific service or program.
2737 (5) (a) Area agencies shall award all public funds in compliance with:
2738 (i) the requirements of Title 63G, Chapter [
2739 (ii) a county procurement ordinance that requires procurement procedures similar to
2740 those described in Subsection (5)(a)(i).
2741 (b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
2742 invitation to bid.
2743 (ii) If no satisfactory bid is received by the area agency described in Subsection
2744 (5)(b)(i), when the bids received from the second invitation are opened the area agency may
2745 execute a contract without requiring competitive bidding.
2746 (c) (i) An area agency need not comply with the procurement provisions of this section
2747 when it disburses public funds to another governmental entity.
2748 (ii) For purposes of this Subsection (5)(c), "governmental entity" means any political
2749 subdivision or institution of higher education of the state.
2750 (d) (i) Contracts awarded by an area agency shall be for a:
2751 (A) fixed amount; and
2752 (B) limited period.
2753 (ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
2754
2755 (6) Local area agencies shall comply with:
2756 (a) applicable state and federal:
2757 (i) statutes;
2758 (ii) policies; and
2759 (iii) audit requirements; and
2760 (b) directives resulting from an audit described in Subsection (6)(a)(iii).
2761 Section 57. Section 62A-14-109 is amended to read:
2762 62A-14-109. Contract for services.
2763 (1) In accordance with Title 63G, Chapter [
2764 may contract with one or more providers to perform guardian and conservator duties.
2765 (2) The office shall review and monitor the services provided by a contract provider to
2766 a ward for whom the office has been appointed guardian or conservator.
2767 Section 58. Section 63A-5-205 is amended to read:
2768 63A-5-205. Contracting powers of director -- Retainage -- Health insurance
2769 coverage.
2770 (1) As used in this section:
2771 (a) "Capital developments" has the same meaning as provided in Section 63A-5-104 .
2772 (b) "Capital improvements" has the same meaning as provided in Section 63A-5-104 .
2773 (c) "Employee" means an "employee," "worker," or "operative" as defined in Section
2774 34A-2-104 who:
2775 (i) works at least 30 hours per calendar week; and
2776 (ii) meets employer eligibility waiting requirements for health care insurance which
2777 may not exceed the first day of the calendar month following 90 days from the date of hire.
2778 (d) "Health benefit plan" has the same meaning as provided in Section 31A-1-301 .
2779 (e) "Qualified health insurance coverage" is as defined in Section 26-40-115 .
2780 (f) "Subcontractor" has the same meaning provided for in Section 63A-5-208 .
2781 (2) In accordance with Title 63G, Chapter [
2782 may:
2783 (a) subject to Subsection (3), enter into contracts for any work or professional services
2784 which the division or the State Building Board may do or have done; and
2785
2786 architect or engineer from retaining a sales or agent engineer for the necessary design work.
2787 (3) (a) Except as provided in Subsection (3)(b), this Subsection (3) applies to all design
2788 or construction contracts entered into by the division or the State Building Board on or after
2789 July 1, 2009, and:
2790 (i) applies to a prime contractor if the prime contract is in the amount of $1,500,000 or
2791 greater; and
2792 (ii) applies to a subcontractor if the subcontract is in the amount of $750,000 or greater.
2793 (b) This Subsection (3) does not apply:
2794 (i) if the application of this Subsection (3) jeopardizes the receipt of federal funds;
2795 (ii) if the contract is a sole source contract;
2796 (iii) if the contract is an emergency procurement; or
2797 (iv) to a change order as defined in Section [
2798 to a contract, when the contract does not meet the threshold required by Subsection (3)(a).
2799 (c) A person who intentionally uses change orders or contract modifications to
2800 circumvent the requirements of Subsection (3)(a) is guilty of an infraction.
2801 (d) (i) A contractor subject to Subsection (3)(a) shall demonstrate to the director that
2802 the contractor has and will maintain an offer of qualified health insurance coverage for the
2803 contractor's employees and the employees' dependents.
2804 (ii) If a subcontractor of the contractor is subject to Subsection (3)(a), the contractor
2805 shall demonstrate to the director that the subcontractor has and will maintain an offer of
2806 qualified health insurance coverage for the subcontractor's employees and the employees'
2807 dependents.
2808 (e) (i) (A) A contractor who fails to meet the requirements of Subsection (3)(d)(i)
2809 during the duration of the contract is subject to penalties in accordance with administrative
2810 rules adopted by the division under Subsection (3)(f).
2811 (B) A contractor is not subject to penalties for the failure of a subcontractor to meet the
2812 requirements of Subsection (3)(d)(ii).
2813 (ii) (A) A subcontractor who fails to meet the requirements of Subsection (3)(d)(ii)
2814 during the duration of the contract is subject to penalties in accordance with administrative
2815 rules adopted by the division under Subsection (3)(f).
2816
2817 requirements of Subsection (3)(d)(i).
2818 (f) The division shall adopt administrative rules:
2819 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2820 (ii) in coordination with:
2821 (A) the Department of Environmental Quality in accordance with Section 19-1-206 ;
2822 (B) the Department of Natural Resources in accordance with Section 79-2-404 ;
2823 (C) a public transit district in accordance with Section 17B-2a-818.5 ;
2824 (D) the State Capitol Preservation Board in accordance with Section 63C-9-403 ;
2825 (E) the Department of Transportation in accordance with Section 72-6-107.5 ; and
2826 (F) the Legislature's Administrative Rules Review Committee; and
2827 (iii) which establish:
2828 (A) the requirements and procedures a contractor must follow to demonstrate to the
2829 director compliance with this Subsection (3) which shall include:
2830 (I) that a contractor will not have to demonstrate compliance with Subsection (3)(d)(i)
2831 or (ii) more than twice in any 12-month period; and
2832 (II) that the actuarially equivalent determination required for the qualified health
2833 insurance coverage in Subsection (1) is met by the contractor if the contractor provides the
2834 department or division with a written statement of actuarial equivalency from either:
2835 (Aa) the Utah Insurance Department;
2836 (Bb) an actuary selected by the contractor or the contractor's insurer; or
2837 (Cc) an underwriter who is responsible for developing the employer group's premium
2838 rates;
2839 (B) the penalties that may be imposed if a contractor or subcontractor intentionally
2840 violates the provisions of this Subsection (3), which may include:
2841 (I) a three-month suspension of the contractor or subcontractor from entering into
2842 future contracts with the state upon the first violation;
2843 (II) a six-month suspension of the contractor or subcontractor from entering into future
2844 contracts with the state upon the second violation;
2845 (III) an action for debarment of the contractor or subcontractor in accordance with
2846 Section [
2847
2848 purchase qualified health insurance coverage for an employee and the dependents of an
2849 employee of the contractor or subcontractor who was not offered qualified health insurance
2850 coverage during the duration of the contract; and
2851 (C) a website on which the department shall post the benchmark for the qualified
2852 health insurance coverage identified in Subsection (1)(e).
2853 (g) (i) In addition to the penalties imposed under Subsection (3)(f)(iii), a contractor or
2854 subcontractor who intentionally violates the provisions of this section shall be liable to the
2855 employee for health care costs that would have been covered by qualified health insurance
2856 coverage.
2857 (ii) An employer has an affirmative defense to a cause of action under Subsection
2858 (3)(g)(i) if:
2859 (A) the employer relied in good faith on a written statement of actuarial equivalency
2860 provided by:
2861 (I) an actuary; or
2862 (II) an underwriter who is responsible for developing the employer group's premium
2863 rates; or
2864 (B) the department determines that compliance with this section is not required under
2865 the provisions of Subsection (3)(b).
2866 (iii) An employee has a private right of action only against the employee's employer to
2867 enforce the provisions of this Subsection (3)(g).
2868 (h) Any penalties imposed and collected under this section shall be deposited into the
2869 Medicaid Restricted Account created by Section 26-18-402 .
2870 (i) The failure of a contractor or subcontractor to provide qualified health insurance
2871 coverage as required by this section:
2872 (i) may not be the basis for a protest or other action from a prospective bidder, offeror,
2873 or contractor under Section [
2874 Chapter [
2875 (ii) may not be used by the procurement entity or a prospective bidder, offeror, or
2876 contractor as a basis for any action or suit that would suspend, disrupt, or terminate the design
2877 or construction.
2878
2879 is conclusive, except in case of fraud or bad faith.
2880 (5) The division shall make all payments to the contractor for completed work in
2881 accordance with the contract and pay the interest specified in the contract on any payments that
2882 are late.
2883 (6) If any payment on a contract with a private contractor to do work for the division or
2884 the State Building Board is retained or withheld, it shall be retained or withheld and released as
2885 provided in Section 13-8-5 .
2886 Section 59. Section 63A-5-208 is amended to read:
2887 63A-5-208. Definitions -- Certain public construction bids to list subcontractors --
2888 Changing subcontractors -- Bidders as subcontractors -- Dispute resolution process --
2889 Penalties.
2890 (1) As used in this section:
2891 (a) "First-tier subcontractor" means a subcontractor who contracts directly with the
2892 prime contractor.
2893 (b) "Subcontractor" means any person or entity under contract with a contractor or
2894 another subcontractor to provide services or labor for the construction, installation, or repair of
2895 an improvement to real property.
2896 (c) "Subcontractor" includes a trade contractor or specialty contractor.
2897 (d) "Subcontractor" does not include suppliers who provide only materials, equipment,
2898 or supplies to a contractor or subcontractor.
2899 (2) The director shall apply the provisions of this section to achieve fair and
2900 competitive bidding and to discourage bid-shopping by contractors.
2901 (3) (a) (i) (A) On each public construction project, the director shall require the
2902 apparent lowest three bidders to submit a list of their first-tier subcontractors indicating each
2903 subcontractor's name, bid amount, and other information required by rule.
2904 (B) Other bidders who are not one of the apparent lowest three bidders may also
2905 submit a list of their first-tier subcontractors containing the information required by this
2906 Subsection (3).
2907 (C) The director may not consider any bid submitted by a bidder if the bidder fails to
2908 submit a subcontractor list meeting the requirements of this section.
2909
2910 whose bid is less than $20,000 need not be listed.
2911 (iii) On projects where the contractor's total bid is $500,000 or more, subcontractors
2912 whose bid is less than $35,000 need not be listed.
2913 (b) (i) The bidders shall submit this list within 24 hours after the bid opening time, not
2914 including Saturdays, Sundays, and state holidays.
2915 (ii) This list does not limit the director's right to authorize a change in the listing of any
2916 subcontractor.
2917 (c) The bidders shall verify that all subcontractors listed as part of their bids are
2918 licensed as required by state law.
2919 (d) Twenty-four hours after the bid opening, the contractor may change the contractor's
2920 subcontractors only after:
2921 (i) receiving permission from the director; and
2922 (ii) establishing that:
2923 (A) the change is in the best interest of the state; and
2924 (B) the contractor establishes reasons for the change that meet the standards established
2925 by the State Building Board.
2926 (e) If the director approves any changes in subcontractors that result in a net lower
2927 contract price for subcontracted work, the total of the prime contract may be reduced to reflect
2928 the changes.
2929 (4) (a) A bidder may list himself as a subcontractor when the bidder is currently
2930 licensed to perform the portion of the work for which the bidder lists himself as a subcontractor
2931 and:
2932 (i) the bidder intends to perform the work of a subcontractor himself; or
2933 (ii) the bidder intends to obtain a subcontractor to perform the work at a later date
2934 because the bidder was unable to:
2935 (A) obtain a bid from a qualified subcontractor; or
2936 (B) obtain a bid from a qualified subcontractor at a cost that the bidder considers to be
2937 reasonable.
2938 (b) (i) When the bidder intends to perform the work of a subcontractor himself, the
2939 director may, by written request, require that the bidder provide the director with information
2940
2941 (A) previous experience in the type of work to be performed; and
2942 (B) qualifications for performing the work.
2943 (ii) The bidder must respond in writing within five business days of receiving the
2944 director's written request.
2945 (iii) If the bidder's submitted information causes the director to reasonably believe that
2946 self-performance of the portion of the work by the bidder is likely to yield a substandard
2947 finished product, the director shall:
2948 (A) require the bidder to use a subcontractor for the portion of the work in question and
2949 obtain the subcontractor bid under the supervision of the director; or
2950 (B) reject the bidder's bid.
2951 (c) (i) When the bidder intends to obtain a subcontractor to perform the work at a later
2952 date, the bidder shall provide documentation with the subcontractor list describing:
2953 (A) the bidder's efforts to obtain a bid of a qualified subcontractor at a reasonable cost;
2954 and
2955 (B) why the bidder was unable to obtain a qualified subcontractor bid.
2956 (ii) If the bidder who intends to obtain a subcontractor to perform the work at a later
2957 date is awarded a contract, the director shall supervise the bidder's efforts to obtain a qualified
2958 subcontractor bid.
2959 (iii) The director may not adjust the amount of the contract awarded in order to reflect
2960 the actual amount of the subcontractor's bid.
2961 (5) The division may not disclose any subcontractor bid amounts obtained under this
2962 section until the division has awarded the project to a contractor.
2963 (6) (a) The director shall, in consultation with the State Building Board, prepare draft
2964 rules establishing a process for resolving disputes involved with contracts under the division's
2965 procurement authority.
2966 (b) The draft rules shall be presented to the Government Operations Interim Committee
2967 for review, comment, and recommendations before August 31, 2004.
2968 (c) The director shall consider, and the rules may include:
2969 (i) requirements regarding preliminary resolution efforts between the parties directly
2970 involved with the dispute;
2971
2972 documentation;
2973 (iii) identification of the types of costs eligible for allocation and a method for
2974 allocating costs among the parties to the dispute;
2975 (iv) required time periods, not to exceed 60 days, for the resolution of the claim;
2976 (v) provision for an independent hearing officer, panel, or arbitrator to extend the time
2977 period for resolution of the claim by not to exceed 60 additional days for good cause;
2978 (vi) provision for the extension of required time periods if the claimant agrees;
2979 (vii) requirements that decisions be issued in writing;
2980 (viii) provisions for administrative appeals of the decision;
2981 (ix) provisions for the timely payment of claims after resolution of the dispute,
2982 including any appeals;
2983 (x) a requirement that the final determination resulting from the dispute resolution
2984 process provided for in the rules is a final agency action subject to judicial review as provided
2985 in Sections 63G-4-401 and 63G-4-402 ;
2986 (xi) a requirement that a claim or dispute that does not include a monetary claim
2987 against the division or its agents is not limited to the dispute resolution process provided for in
2988 this Subsection (6);
2989 (xii) requirements for claims and disputes to be eligible for this dispute resolution
2990 process;
2991 (xiii) the use of an independent hearing officer, panel, arbitration, or mediation; and
2992 (xiv) the circumstances under which a subcontractor may file a claim directly with the
2993 division.
2994 (d) Persons pursuing claims under the process required by this Subsection (6):
2995 (i) are bound by the decision reached under this process unless the decision is properly
2996 appealed; and
2997 (ii) may not pursue claims or disputes under the dispute resolution process established
2998 in Sections [
2999 (7) In addition to all other reasons allowed by law or rule, the director may reject all
3000 bids if none of the bidders whose bid is within the budget of the project submit a subcontractor
3001 list that meets the requirements of this section.
3002
3003 subcontractor, or supplier, may be grounds for:
3004 (a) the contractor, subcontractor, or supplier to be suspended or debarred by the
3005 director; or
3006 (b) the contractor or subcontractor to be disciplined by the Division of Professional and