Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 174 (2015GS)

Sponsor

Rep. Lifferth, D.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes an exemption for the Division of Parks and Recreation from the Utah Procurement Code; and
• makes technical corrections.

Every vote on this bill

Bill text

PROCUREMENT CODE MODIFICATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David E. Lifferth
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill modifies the Utah Procurement Code by removing an exemption for the
Division of Parks and Recreation.
Highlighted Provisions:
This bill:
▸ removes an exemption for the Division of Parks and Recreation from the Utah
Procurement Code; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-6a-107
, as last amended by Laws of Utah 2014, Chapters 180, 196, and 313
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-6a-107
 is amended to read:
63G-6a-107.
Exemptions from chapter -- Compliance with federal law.
(1) Except for Part 24, Unlawful Conduct and Penalties, the provisions of this chapter
do not apply to:
(a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
Act;
(b) grants awarded by the state or contracts between the state and any of the following:
(i) an educational procurement unit;
(ii) a conservation district;
(iii) a local building authority;
(iv) a local district;
(v) a public corporation;
(vi) a special service district;
(vii) a public transit district; or
(viii) two or more of the entities described in Subsections (1)(b)(i) through (vii), acting
under legislation that authorizes intergovernmental cooperation;
(c) medical supplies or medical equipment, including service agreements for medical
equipment, obtained through a purchasing consortium by the Utah State Hospital, the Utah
State Developmental Center, the University of Utah Hospital, or any other hospital owned by
the state or a political subdivision of the state, if:
(i) the consortium uses a competitive procurement process; and
(ii) the chief administrative officer of the hospital makes a written finding that the
prices for purchasing medical supplies and medical equipment through the consortium are
competitive with market prices;
(d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
and State Lands, created in Section 
65A-1-4
, through the federal General Services
Administration or the National Fire Cache system; 
or
(e) goods purchased for resale to the public[
; or
]
.
[
(f) the Division of Parks and Recreation, during a fiscal emergency, as defined by
Subsection 
79-4-1102
(1), if the division is acting under the authority described in Sections
79-4-1101
 through 
79-4-1103
.
]
(2) This chapter does not prevent a procurement unit from complying with the terms
and conditions of any grant, gift, or bequest that is otherwise consistent with law.
(3) This chapter does not apply to any action taken by a majority of both houses of the
Legislature.
(4) Notwithstanding any conflicting provision of this chapter, when a procurement
involves the expenditure of federal assistance, federal contract funds, local matching funds, or
federal financial participation funds, the procurement unit shall comply with mandatory
applicable federal law and regulations not reflected in this chapter.
(5) This chapter does not supersede the requirements for retention or withholding of
construction proceeds and release of construction proceeds as provided in Section 
13-8-5
.