H.B. 43 Emergency Procurement Declaration Modifications
Bill Sponsor: ![]() Rep. Pierucci, Candice B. | Floor Sponsor: ![]() Sen. McCay, Daniel |
- CoSponsor(s):
Brammer, B. Brooks, W. Christiansen, S. Dailey-Provost, J. Ferry, J. Gibson, F. Hall, C. Harrison, S. Lisonbee, K. Lyman, P. Maloy, A.C. Petersen, M. Robertson, A. Stoddard, A. Strong, M.A. Teuscher, J. Thurston, N. Waldrip, S. Watkins, C.
- Drafting Attorney: Peter Asplund
- Fiscal Analyst: Ivan D. Djambov
- Bill Tracking
- Bill Text
- Introduced
- Amended
- Enrolled
(Currently Displayed)
- Introduced
- Related Documents
- Information
- Last Action: 11 Mar 2021, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 5 May 2021
- Session Law Chapter: 030
- Committee Note: The Economic Development and Workforce Services Interim Committee recommended this bill. (13-1-3)
- Similar Bills
- Sections Affected
Enrolled
Printer Friendly
H.B. 43
1 EMERGENCY PROCUREMENT DECLARATION
2MODIFICATIONS
32021 GENERAL SESSION
4STATE OF UTAH
5Chief Sponsor: Candice B. Pierucci
6Senate Sponsor: Daniel McCay
7 Cosponsors:
8 Brady Brammer
9 Walt Brooks
10 Steve R. Christiansen
11 Jennifer Dailey-Provost
12 Joel Ferry
13 Francis D. Gibson
Craig Hall
Suzanne Harrison
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Michael J. Petersen
Adam Robertson
Andrew Stoddard
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Steve Waldrip
Christine F. Watkins
14
15 LONG TITLE
16 General Description:
17 This bill modifies provisions related to the public procurement of goods or services
18 during an emergency.
19 Highlighted Provisions:
20 This bill:
21 ▸ defines terms;
22 ▸ modifies reporting requirements related to an emergency procurement;
23 ▸ limits the term length of a contract entered into for an emergency procurement; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 63G-6a-803, as last amended by Laws of Utah 2020, Chapter 365
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63G-6a-803 is amended to read:
35 63G-6a-803. Emergency procurement.
36 (1) As used in this section, "natural disaster" means an event where:
37 (a) one or more of the following has caused widespread damage:
38 (i) an explosion;
39 (ii) fire;
40 (iii) a flood;
41 (iv) a storm;
42 (v) a tornado;
43 (vi) winds;
44 (vii) an earthquake;
45 (viii) lightning; or
46 (ix) other adverse weather event; and
47 (b) the president of the United States has declared an emergency or major disaster in
48 the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2,
49 Disaster Response and Recovery Act.
50 [(1)] (2) Notwithstanding any other provision of this chapter and subject to Subsection
51 (4), a procurement official may authorize a procurement unit to engage in an emergency
52 procurement without using a standard procurement process if the procurement is necessary to:
53 (a) avoid a lapse in a critical government service;
54 (b) mitigate a circumstance that is likely to have a negative impact on public health,
55 safety, welfare, or property, including a natural disaster; or
56 (c) protect the legal interests of a public entity.
57 [(2)] (3) A procurement unit conducting an emergency procurement under Subsection
58 [(1)] (2) shall:
59 (a) ensure that the procurement is made with as much competition as reasonably
60 practicable while:
61 (i) avoiding a lapse in a critical government service;
62 (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property;
63 or
64 (iii) protecting the legal interests of a public entity; and
65 [(b) after the emergency has abated, prepare a written document explaining the
66emergency condition that necessitated the emergency procurement under Subsection (1).]
67 (b) make the following publicly available on the procurement unit's website within 14
68 days of the emergency procurement:
69 (i) a written document describing the specific emergency that necessitated the
70 emergency procurement;
71 (ii) the name of the highest ranking government official that approved the emergency
72 procurement; and
73 (iii) each written contract related to the emergency procurement.
74 (4) (a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract
75 entered into for an emergency procurement under this section may be no longer than 30 days.
76 (b) The term of a contract entered into for an emergency procurement under this
77 section related to a natural disaster may be no longer than 60 days.
78 (5) (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do
79 not apply to an emergency procurement for legal services.
80 (b) A person hired through an emergency procurement to provide legal services may
81 not, under the contract entered into through the emergency procurement, hire or otherwise
82 provide remuneration to a consultant for services related to any topic that is not directly related
83 to the legal services for which the person was hired.
84 (6) The requirements described in Subsection (4) do not apply to an emergency
85 procurement by the Department of Human Services related to the:
86 (a) placement of a client with a residential service provider; or
87 (b) provision of medical services for a client.
2
3
4
5
6
7 Cosponsors:
8 Brady Brammer
9 Walt Brooks
10 Steve R. Christiansen
11 Jennifer Dailey-Provost
12 Joel Ferry
13 Francis D. Gibson
Craig Hall
Suzanne Harrison
Karianne Lisonbee
Phil Lyman
A. Cory Maloy
Michael J. Petersen
Adam Robertson
Andrew Stoddard
Mark A. Strong
Jordan D. Teuscher
Norman K. Thurston
Steve Waldrip
Christine F. Watkins
14
15 LONG TITLE
16 General Description:
17 This bill modifies provisions related to the public procurement of goods or services
18 during an emergency.
19 Highlighted Provisions:
20 This bill:
21 ▸ defines terms;
22 ▸ modifies reporting requirements related to an emergency procurement;
23 ▸ limits the term length of a contract entered into for an emergency procurement; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 63G-6a-803, as last amended by Laws of Utah 2020, Chapter 365
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 63G-6a-803 is amended to read:
35 63G-6a-803. Emergency procurement.
36 (1) As used in this section, "natural disaster" means an event where:
37 (a) one or more of the following has caused widespread damage:
38 (i) an explosion;
39 (ii) fire;
40 (iii) a flood;
41 (iv) a storm;
42 (v) a tornado;
43 (vi) winds;
44 (vii) an earthquake;
45 (viii) lightning; or
46 (ix) other adverse weather event; and
47 (b) the president of the United States has declared an emergency or major disaster in
48 the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2,
49 Disaster Response and Recovery Act.
50 [
51 (4), a procurement official may authorize a procurement unit to engage in an emergency
52 procurement without using a standard procurement process if the procurement is necessary to:
53 (a) avoid a lapse in a critical government service;
54 (b) mitigate a circumstance that is likely to have a negative impact on public health,
55 safety, welfare, or property, including a natural disaster; or
56 (c) protect the legal interests of a public entity.
57 [
58 [
59 (a) ensure that the procurement is made with as much competition as reasonably
60 practicable while:
61 (i) avoiding a lapse in a critical government service;
62 (ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property;
63 or
64 (iii) protecting the legal interests of a public entity; and
65 [
66
67 (b) make the following publicly available on the procurement unit's website within 14
68 days of the emergency procurement:
69 (i) a written document describing the specific emergency that necessitated the
70 emergency procurement;
71 (ii) the name of the highest ranking government official that approved the emergency
72 procurement; and
73 (iii) each written contract related to the emergency procurement.
74 (4) (a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract
75 entered into for an emergency procurement under this section may be no longer than 30 days.
76 (b) The term of a contract entered into for an emergency procurement under this
77 section related to a natural disaster may be no longer than 60 days.
78 (5) (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do
79 not apply to an emergency procurement for legal services.
80 (b) A person hired through an emergency procurement to provide legal services may
81 not, under the contract entered into through the emergency procurement, hire or otherwise
82 provide remuneration to a consultant for services related to any topic that is not directly related
83 to the legal services for which the person was hired.
84 (6) The requirements described in Subsection (4) do not apply to an emergency
85 procurement by the Department of Human Services related to the:
86 (a) placement of a client with a residential service provider; or
87 (b) provision of medical services for a client.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
Date | Action | Location | Vote |
12/21/2020 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
12/21/2020 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
12/21/2020 | LFA/ bill sent to agencies for fiscal input | Legislative Research and General Counsel | |
12/21/2020 | LFA/ fiscal note publicly available | Legislative Research and General Counsel | |
1/6/2021 | House/ received bill from Legislative Research | Clerk of the House | |
1/6/2021 | House/ received fiscal note from Fiscal Analyst | Clerk of the House | |
1/19/2021 | House/ 1st reading (Introduced) | House Rules Committee | |
1/25/2021 | House/ to standing committee | House Government Operations Committee | |
1/28/2021 | House Comm - Favorable Recommendation | House Government Operations Committee | 10 0 1 |
1/29/2021 (11:08:32 AM) | House/ committee report favorable | House Government Operations Committee | |
1/29/2021 (11:08:33 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
2/4/2021 (2:32:08 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
2/4/2021 (2:35:46 PM) | House/ passed 3rd reading | Senate Secretary | 68 0 7 |
2/4/2021 (2:35:48 PM) | House/ to Senate | Senate Secretary | |
2/5/2021 | Senate/ received from House | Waiting for Introduction in the Senate | |
2/5/2021 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
2/8/2021 | Senate/ to standing committee | Senate Economic Development and Workforce Services Committee | |
2/9/2021 | Senate Comm - Amendment Recommendation # 1 | Senate Economic Development and Workforce Services Committee | 4 0 3 |
2/9/2021 | Senate Comm - Favorable Recommendation | Senate Economic Development and Workforce Services Committee | 4 0 3 |
2/10/2021 (11:07:18 AM) | Senate/ comm rpt/ amended | Senate Economic Development and Workforce Services Committee | |
2/10/2021 (11:07:19 AM) | Senate/ placed on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
2/11/2021 (2:28:26 PM) | Senate/ 2nd reading | Senate 2nd Reading Calendar | |
2/11/2021 (2:28:49 PM) | Senate/ circled | Senate 2nd Reading Calendar | Voice vote |
2/11/2021 (3:04:10 PM) | Senate/ uncircled | Senate 2nd Reading Calendar | Voice vote |
2/11/2021 (3:06:57 PM) | Senate/ passed 2nd reading | Senate 3rd Reading Calendar | 28 0 1 |
2/16/2021 (10:17:24 AM) | Senate/ 3rd reading | Senate 3rd Reading Calendar | |
2/16/2021 (10:19:25 AM) | Senate/ passed 3rd reading | Clerk of the House | 26 0 3 |
2/16/2021 (10:19:26 AM) | Senate/ to House with amendments | Clerk of the House | |
2/16/2021 (2:06:08 PM) | House/ received from Senate | Clerk of the House | |
2/16/2021 (2:06:09 PM) | House/ placed on Concurrence Calendar | House Concurrence Calendar | |
2/17/2021 (10:30:20 AM) | House/ concurs with Senate amendment | Senate President | 71 0 4 |
2/17/2021 (10:30:21 AM) | House/ to Senate | Senate President | |
2/17/2021 | Senate/ received from House | Senate President | |
2/17/2021 | Senate/ signed by President/ returned to House | House Speaker | |
2/17/2021 | Senate/ to House | House Speaker | |
2/17/2021 | House/ received from Senate | House Speaker | |
2/17/2021 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
2/23/2021 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
2/23/2021 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
3/10/2021 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
3/10/2021 | House/ enrolled bill to Printing | Clerk of the House | |
3/11/2021 | House/ received enrolled bill from Printing | Clerk of the House | |
3/11/2021 | House/ to Governor | Executive Branch - Governor | |
3/11/2021 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings
- Floor Debates
- House Floor Audio, Day 17 (2/4/2021) [HB43 Emergency Procurement Declaration Modifications, Pierucci]
- Senate Floor Audio, Day 24 (2/11/2021) [HB43 Emergency Procurement Declaration Modifications, McCay]
- Senate Floor Audio, Day 24 (2/11/2021) [HB43 Emergency Procurement Declaration Modifications, McCay]
- Senate Floor Audio, Day 28 (2/16/2021) [HB43 Emergency Procurement Declaration Modifications, McCayEmergency Procurement Declaration Modifications, McCayEmergency Procurement Declaration Modifications, McCayEmergency Procurement Declaration Modifications, McCay]
- House Floor Audio, Day 29 (2/17/2021) [HB43 Emergency Procurement Declaration Modifications, Pierucci]