Chief Sponsor: David E. Lifferth

Senate Sponsor: J. Stuart Adams


8     General Description:
9          This bill modifies the Utah Procurement Code by removing an exemption for the
10     Division of Parks and Recreation.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes an exemption for the Division of Parks and Recreation from the Utah
14     Procurement Code; and
15          ▸     makes technical corrections.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63G-6a-107, as last amended by Laws of Utah 2014, Chapters 180, 196, and 313

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 63G-6a-107 is amended to read:
26          63G-6a-107. Exemptions from chapter -- Compliance with federal law.
27          (1) Except for Part 24, Unlawful Conduct and Penalties, the provisions of this chapter

28     do not apply to:
29          (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
30     Act;
31          (b) grants awarded by the state or contracts between the state and any of the following:
32          (i) an educational procurement unit;
33          (ii) a conservation district;
34          (iii) a local building authority;
35          (iv) a local district;
36          (v) a public corporation;
37          (vi) a special service district;
38          (vii) a public transit district; or
39          (viii) two or more of the entities described in Subsections (1)(b)(i) through (vii), acting
40     under legislation that authorizes intergovernmental cooperation;
41          (c) medical supplies or medical equipment, including service agreements for medical
42     equipment, obtained through a purchasing consortium by the Utah State Hospital, the Utah
43     State Developmental Center, the University of Utah Hospital, or any other hospital owned by
44     the state or a political subdivision of the state, if:
45          (i) the consortium uses a competitive procurement process; and
46          (ii) the chief administrative officer of the hospital makes a written finding that the
47     prices for purchasing medical supplies and medical equipment through the consortium are
48     competitive with market prices;
49          (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
50     and State Lands, created in Section 65A-1-4, through the federal General Services
51     Administration or the National Fire Cache system; or
52          (e) goods purchased for resale to the public[; or].
53          [(f) the Division of Parks and Recreation, during a fiscal emergency, as defined by
54     Subsection 79-4-1102(1), if the division is acting under the authority described in Sections
55     79-4-1101 through 79-4-1103.]
56          (2) This chapter does not prevent a procurement unit from complying with the terms
57     and conditions of any grant, gift, or bequest that is otherwise consistent with law.
58          (3) This chapter does not apply to any action taken by a majority of both houses of the

59     Legislature.
60          (4) Notwithstanding any conflicting provision of this chapter, when a procurement
61     involves the expenditure of federal assistance, federal contract funds, local matching funds, or
62     federal financial participation funds, the procurement unit shall comply with mandatory
63     applicable federal law and regulations not reflected in this chapter.
64          (5) This chapter does not supersede the requirements for retention or withholding of
65     construction proceeds and release of construction proceeds as provided in Section 13-8-5.

Legislative Review Note
     as of 12-2-14 10:04 AM

Office of Legislative Research and General Counsel