1     
EMERGENCY MANAGEMENT ACT PROCUREMENT PROCESS

2     
AMENDMENTS

3     
2020 FIFTH SPECIAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Val L. Peterson

6     
Senate Sponsor: Ann Millner

7     

8     LONG TITLE
9     General Description:
10          This bill requires the governor to provide notice to the Legislature after certain
11     expenditures of federal funds received during an epidemic or pandemic disease
12     emergency.
13     Highlighted Provisions:
14          This bill:
15          ▸     requires the governor to provide notice to the Legislature after an expenditure that is
16     over a certain amount that is made during an epidemic or pandemic disease
17     emergency under emergency procurement processes;
18          ▸     provides a sunset date of certain provisions; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          53-2a-204, as last amended by Laws of Utah 2017, Chapter 18
27          63I-2-253 (Superseded 07/01/20), as last amended by Laws of Utah 2020, Chapters
28     216, 320, 321, and 354
29          63I-2-253 (Effective 07/01/20), as last amended by Laws of Utah 2020, Chapters 216,
30     320, 321, 354, and 365
31     ENACTS:
32          53-2a-217, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53-2a-204 is amended to read:
36          53-2a-204. Authority of governor -- Federal assistance -- Fraud or willful
37     misstatement in application for financial assistance -- Penalty.
38          (1) In addition to any other authorities conferred upon the governor, if the governor
39     issues an executive order declaring a state of emergency, the governor may:
40          (a) utilize all available resources of state government as reasonably necessary to cope
41     with a state of emergency;
42          (b) employ measures and give direction to state and local officers and agencies that are
43     reasonable and necessary for the purpose of securing compliance with the provisions of this
44     part and with orders, rules, and regulations made pursuant to this part;
45          (c) recommend and advise the evacuation of all or part of the population from any
46     stricken or threatened area within the state if necessary for the preservation of life;
47          (d) recommend routes, modes of transportation, and destination in connection with
48     evacuation;
49          (e) in connection with evacuation, suspend or limit the sale, dispensing, or
50     transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful
51     bearing of arms;
52          (f) control ingress and egress to and from a disaster area, the movement of persons
53     within the area, and recommend the occupancy or evacuation of premises in a disaster area;
54          (g) clear or remove from publicly or privately owned land or water debris or wreckage
55     that is an immediate threat to public health, public safety, or private property, including
56     allowing an employee of a state department or agency designated by the governor to enter upon
57     private land or waters and perform any tasks necessary for the removal or clearance operation if
58     the political subdivision, corporation, organization, or individual that is affected by the removal
59     of the debris or wreckage:
60          (i) presents an unconditional authorization for removal of the debris or wreckage from
61     private property; and
62          (ii) agrees to indemnify the state against any claim arising from the removal of the
63     debris or wreckage;
64          (h) enter into agreement with any agency of the United States:
65          (i) for temporary housing units to be occupied by victims of a state of emergency or
66     persons who assist victims of a state of emergency; and
67          (ii) to make the housing units described in Subsection (1)(h)(i) available to a political
68     subdivision of this state;
69          (i) assist any political subdivision of this state to acquire sites and utilities necessary for
70     temporary housing units described in Subsection (1)(h)(i) by passing through any funds made
71     available to the governor by an agency of the United States for this purpose;
72          (j) subject to Sections 53-2a-209 and 53-2a-214, temporarily suspend or modify by
73     executive order, during the state of emergency, any public health, safety, zoning, transportation,
74     or other requirement of a statute or administrative rule within this state if such action is
75     essential to provide temporary housing described in Subsection (1)(h)(i);
76          (k) upon determination that a political subdivision of the state will suffer a substantial
77     loss of tax and other revenues because of a state of emergency and the political subdivision so
78     affected has demonstrated a need for financial assistance to perform its governmental
79     functions, in accordance with Utah Constitution, Article XIV, Sections 3 and 4, and Section
80     10-8-6:
81          (i) apply to the federal government for a loan on behalf of the political subdivision if
82     the amount of the loan that the governor applies for does not exceed 25% of the annual
83     operating budget of the political subdivision for the fiscal year in which the state of emergency
84     occurs; and
85          (ii) receive and disburse the amount of the loan to the political subdivision;
86          (l) accept funds from the federal government and make grants to any political
87     subdivision for the purpose of removing debris or wreckage from publicly owned land or
88     water;
89          (m) subject to Section 53-2a-217, upon determination that financial assistance is
90     essential to meet expenses related to a state of emergency of individuals or families adversely
91     affected by the state of emergency that cannot be sufficiently met from other means of
92     assistance, apply for, accept, and expend a grant by the federal government to fund the financial
93     assistance, subject to the terms and conditions imposed upon the grant;
94          (n) recommend to the Legislature other actions the governor considers to be necessary
95     to address a state of emergency; or
96          (o) authorize the use of all water sources as necessary for fire suppression.
97          (2) A person who fraudulently or willfully makes a misstatement of fact in connection
98     with an application for financial assistance under this section shall, upon conviction of each
99     offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one
100     year, or both.
101          Section 2. Section 53-2a-217 is enacted to read:
102          53-2a-217. Procurement process during an epidemic or pandemic emergency.
103          (1) As used in this section, "epidemic or pandemic disease" means the same as that
104     term is defined in Section 53-2a-215.
105          (2) (a) During a state of emergency declared as described in Section 53-2a-206 that is
106     in response or related to an epidemic or pandemic disease emergency, or during a national
107     epidemic or pandemic emergency, the governor shall provide notice to the Legislature within
108     24 hours after an expenditure or procurement, if the expenditure or procurement:
109          (i) uses federal funds received as described in Subsection 53-2a-204(1)(m);
110          (ii) totals more than $2,000,000 or includes a line item of more than $2,000,000; and
111          (iii) is made using emergency procurement processes as described in Section
112     63G-6a-803.
113          (b) The governor may not divide an expenditure or procurement into multiple
114     expenditures or procurements to fall below the $2,000,000 threshold described in Subsection
115     (2)(a)(ii).
116          Section 3. Section 63I-2-253 (Superseded 07/01/20) is amended to read:
117          63I-2-253 (Superseded 07/01/20). Repeal dates -- Titles 53 through 53G.
118          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
119     emergency, is repealed on December 31, 2021.
120          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
121     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
122     necessary changes to subsection numbering and cross references.
123          [(1)] (2) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
124     technical college board of directors, is repealed July 1, 2022.
125          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
126     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
127     necessary changes to subsection numbering and cross references.
128          [(2)] (3) Section 53B-6-105.7 is repealed July 1, 2024.
129          [(3)] (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
130     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
131          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
132     change in performance with the technical college's average performance, is repealed July 1,
133     2021.
134          [(4)] (5) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
135     provided in Subsection (3)(b)," is repealed July 1, 2021.
136          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
137     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
138          [(5)] (6) Section 53B-8-112 is repealed July 1, 2024.
139          [(6)] (7) Section 53B-8-114 is repealed July 1, 2024.
140          [(7)] (8) (a) The following sections, regarding the Regents' scholarship program, are
141     repealed on July 1, 2023:
142          (i) Section 53B-8-202;
143          (ii) Section 53B-8-203;
144          (iii) Section 53B-8-204; and
145          (iv) Section 53B-8-205.
146          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
147     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
148          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
149     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
150     necessary changes to subsection numbering and cross references.
151          [(8)] (9) Section 53B-10-101 is repealed on July 1, 2027.
152          [(9)] (10) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
153     repealed July 1, 2023.
154          [(10)] (11) Section 53E-3-519 regarding school counselor services is repealed July 1,
155     2020.
156          [(11)] (12) Section 53E-3-520 is repealed July 1, 2021.
157          [(12)] (13) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
158     performance and continued funding relating to the School Recognition and Reward Program, is
159     repealed July 1, 2020.
160          [(13)] (14) Section 53E-5-307 is repealed July 1, 2020.
161          [(14)] (15) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
162     July 1, 2024.
163          [(15)] (16) In Subsections 53F-2-205(4) and (5), regarding the State Board of
164     Education's duties if contributions from the minimum basic tax rate are overestimated or
165     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
166     2023.
167          [(16)] (17) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
168     repealed July 1, 2023.
169          [(17)] (18) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
170     applicable" is repealed July 1, 2023.
171          [(18)] (19) Section 53F-4-207 is repealed July 1, 2022.
172          [(19)] (20) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
173     applicable" is repealed July 1, 2023.
174          [(20)] (21) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
175     applicable" is repealed July 1, 2023.
176          [(21)] (22) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
177     applicable" is repealed July 1, 2023.
178          [(22)] (23) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
179     as applicable" is repealed July 1, 2023.
180          [(23)] (24) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
181     related to the civics engagement pilot program, are repealed on July 1, 2023.
182          [(24)] (25) On July 1, 2023, when making changes in this section, the Office of
183     Legislative Research and General Counsel shall, in addition to the office's authority under
184     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
185     identified in this section are complete sentences and accurately reflect the office's perception of
186     the Legislature's intent.
187          Section 4. Section 63I-2-253 (Effective 07/01/20) is amended to read:
188          63I-2-253 (Effective 07/01/20). Repeal dates -- Titles 53 through 53G.
189          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
190     emergency, is repealed on December 31, 2021.
191          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
192     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
193     necessary changes to subsection numbering and cross references.
194          [(1)] (2) Section 53B-2a-103 is repealed July 1, 2021.
195          [(2)] (3) Section 53B-2a-104 is repealed July 1, 2021.
196          [(3)] (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
197     technical college board of trustees, is repealed July 1, 2022.
198          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
199     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
200     necessary changes to subsection numbering and cross references.
201          [(4)] (5) Section 53B-6-105.7 is repealed July 1, 2024.
202          [(5)] (6) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as
203     provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
204          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
205     change in performance with the technical college's average performance, is repealed July 1,
206     2021.
207          [(6)] (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as
208     provided in Subsection (3)(b)," is repealed July 1, 2021.
209          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
210     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
211          [(7)] (8) Section 53B-8-112 is repealed July 1, 2024.
212          [(8)] (9) Section 53B-8-114 is repealed July 1, 2024.
213          [(9)] (10) (a) The following sections, regarding the Regents' scholarship program, are
214     repealed on July 1, 2023:
215          (i) Section 53B-8-202;
216          (ii) Section 53B-8-203;
217          (iii) Section 53B-8-204; and
218          (iv) Section 53B-8-205.
219          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
220     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
221          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
222     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
223     necessary changes to subsection numbering and cross references.
224          [(10)] (11) Section 53B-10-101 is repealed on July 1, 2027.
225          [(11)] (12) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
226     is repealed July 1, 2023.
227          [(12)] (13) Section 53E-3-519 regarding school counselor services is repealed July 1,
228     2020.
229          [(13)] (14) Section 53E-3-520 is repealed July 1, 2021.
230          [(14)] (15) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school
231     performance and continued funding relating to the School Recognition and Reward Program, is
232     repealed July 1, 2020.
233          [(15)] (16) Section 53E-5-307 is repealed July 1, 2020.
234          [(16)] (17) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
235     July 1, 2024.
236          [(17)] (18) In Subsections 53F-2-205(4) and (5), regarding the State Board of
237     Education's duties if contributions from the minimum basic tax rate are overestimated or
238     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
239     2023.
240          [(18)] (19) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
241     repealed July 1, 2023.
242          [(19)] (20) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
243     applicable" is repealed July 1, 2023.
244          [(20)] (21) Section 53F-4-207 is repealed July 1, 2022.
245          [(21)] (22) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
246     applicable" is repealed July 1, 2023.
247          [(22)] (23) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
248     applicable" is repealed July 1, 2023.
249          [(23)] (24) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
250     applicable" is repealed July 1, 2023.
251          [(24)] (25) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
252     as applicable" is repealed July 1, 2023.
253          [(25)] (26) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204(7),
254     related to the civics engagement pilot program, are repealed on July 1, 2023.
255          [(26)] (27) On July 1, 2023, when making changes in this section, the Office of
256     Legislative Research and General Counsel shall, in addition to the office's authority under
257     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
258     identified in this section are complete sentences and accurately reflect the office's perception of
259     the Legislature's intent.
260          Section 5. Effective date.
261          If approved by two-thirds of all the members elected to each house, this bill takes effect
262     upon approval by the governor, or the day following the constitutional time limit of Utah
263     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
264     the date of veto override.