Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5009 (2020S5)

Sponsor

Rep. Peterson, V.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the governor to provide notice to the Legislature after an expenditure that is over a certain amount that is made during an epidemic or pandemic disease emergency under emergency procurement processes;
• provides a sunset date of certain provisions; and
• makes technical changes.

Every vote on this bill

Bill text

EMERGENCY MANAGEMENT ACT PROCUREMENT PROCESS
AMENDMENTS
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Val L. Peterson
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill requires the governor to provide notice to the Legislature after certain
expenditures of federal funds received during an epidemic or pandemic disease
emergency.
Highlighted Provisions:
This bill:
▸ requires the governor to provide notice to the Legislature after an expenditure that is
over a certain amount that is made during an epidemic or pandemic disease
emergency under emergency procurement processes;
▸ provides a sunset date of certain provisions; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53-2a-204
, as last amended by Laws of Utah 2017, Chapter 18
63I-2-253
 (Superseded 07/01/20)
, as last amended by Laws of Utah 2020, Chapters
216, 320, 321, and 354
63I-2-253
 (Effective 07/01/20)
, as last amended by Laws of Utah 2020, Chapters 216,
320, 321, 354, and 365
ENACTS:
53-2a-217
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-2a-204
 is amended to read:
53-2a-204.
Authority of governor -- Federal assistance -- Fraud or willful
misstatement in application for financial assistance -- Penalty.
(1) In addition to any other authorities conferred upon the governor, if the governor
issues an executive order declaring a state of emergency, the governor may:
(a) utilize all available resources of state government as reasonably necessary to cope
with a state of emergency;
(b) employ measures and give direction to state and local officers and agencies that are
reasonable and necessary for the purpose of securing compliance with the provisions of this
part and with orders, rules, and regulations made pursuant to this part;
(c) recommend and advise the evacuation of all or part of the population from any
stricken or threatened area within the state if necessary for the preservation of life;
(d) recommend routes, modes of transportation, and destination in connection with
evacuation;
(e) in connection with evacuation, suspend or limit the sale, dispensing, or
transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful
bearing of arms;
(f) control ingress and egress to and from a disaster area, the movement of persons
within the area, and recommend the occupancy or evacuation of premises in a disaster area;
(g) clear or remove from publicly or privately owned land or water debris or wreckage
that is an immediate threat to public health, public safety, or private property, including
allowing an employee of a state department or agency designated by the governor to enter upon
private land or waters and perform any tasks necessary for the removal or clearance operation if
the political subdivision, corporation, organization, or individual that is affected by the removal
of the debris or wreckage:
(i) presents an unconditional authorization for removal of the debris or wreckage from
private property; and
(ii) agrees to indemnify the state against any claim arising from the removal of the
debris or wreckage;
(h) enter into agreement with any agency of the United States:
(i) for temporary housing units to be occupied by victims of a state of emergency or
persons who assist victims of a state of emergency; and
(ii) to make the housing units described in Subsection (1)(h)(i) available to a political
subdivision of this state;
(i) assist any political subdivision of this state to acquire sites and utilities necessary for
temporary housing units described in Subsection (1)(h)(i) by passing through any funds made
available to the governor by an agency of the United States for this purpose;
(j) subject to Sections 
53-2a-209
 and 
53-2a-214
, temporarily suspend or modify by
executive order, during the state of emergency, any public health, safety, zoning, transportation,
or other requirement of a statute or administrative rule within this state if such action is
essential to provide temporary housing described in Subsection (1)(h)(i);
(k) upon determination that a political subdivision of the state will suffer a substantial
loss of tax and other revenues because of a state of emergency and the political subdivision so
affected has demonstrated a need for financial assistance to perform its governmental
functions, in accordance with Utah Constitution, Article XIV, Sections 3 and 4, and Section
10-8-6
:
(i) apply to the federal government for a loan on behalf of the political subdivision if
the amount of the loan that the governor applies for does not exceed 25% of the annual
operating budget of the political subdivision for the fiscal year in which the state of emergency
occurs; and
(ii) receive and disburse the amount of the loan to the political subdivision;
(l) accept funds from the federal government and make grants to any political
subdivision for the purpose of removing debris or wreckage from publicly owned land or
water;
(m) 
subject to Section 
53-2a-217
,
 upon determination that financial assistance is
essential to meet expenses related to a state of emergency of individuals or families adversely
affected by the state of emergency that cannot be sufficiently met from other means of
assistance, apply for, accept, and expend a grant by the federal government to fund the financial
assistance, subject to the terms and conditions imposed upon the grant;
(n) recommend to the Legislature other actions the governor considers to be necessary
to address a state of emergency; or
(o) authorize the use of all water sources as necessary for fire suppression.
(2) A person who fraudulently or willfully makes a misstatement of fact in connection
with an application for financial assistance under this section shall, upon conviction of each
offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one
year, or both.
Section 2. Section 
53-2a-217
 is enacted to read:
 53-2a-217.
Procurement process during an epidemic or pandemic emergency.
(1) As used in this section, "epidemic or pandemic disease" means the same as that
term is defined in Section 
53-2a-215
.
(2) (a) During a state of emergency declared as described in Section 
53-2a-206
 that is
in response or related to an epidemic or pandemic disease emergency, or during a national
epidemic or pandemic emergency, the governor shall provide notice to the Legislature within
hours after an expenditure or procurement, if the expenditure or procurement:
(i) uses federal funds received as described in Subsection 
53-2a-204
(1)(m);
(ii) totals more than $2,000,000 or includes a line item of more than $2,000,000; and
(iii) is made using emergency procurement processes as described in Section
63G-6a-803
.
(b) The governor may not divide an expenditure or procurement into multiple
expenditures or procurements to fall below the $2,000,000 threshold described in Subsection
(2)(a)(ii).
Section 3. Section 
63I-2-253 (Superseded 07/01/20)
 is amended to read:
63I-2-253 (Superseded 07/01/20).
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(1)
] 
(2)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of directors, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(2)
] 
(3)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(3)
] 
(4)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(4)
] 
(5)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(5)
] 
(6)
 Section 
53B-8-112
 is repealed July 1, 2024.
[
(6)
] 
(7)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(7)
] 
(8)
 (a) The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(8)
] 
(9)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(9)
] 
(10)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
repealed July 1, 2023.
[
(10)
] 
(11)
 Section 
53E-3-519
 regarding school counselor services is repealed July 1,
2020.
[
(11)
] 
(12)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(12)
] 
(13)
 Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school
performance and continued funding relating to the School Recognition and Reward Program, is
repealed July 1, 2020.
[
(13)
] 
(14)
 Section 
53E-5-307
 is repealed July 1, 2020.
[
(14)
] 
(15)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(15)
] 
(16)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(16)
] 
(17)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(17)
] 
(18)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(18)
] 
(19)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(19)
] 
(20)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(21)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(21)
] 
(22)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(23)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(23)
] 
(24)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(24)
] 
(25)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 4. Section 
63I-2-253 (Effective 07/01/20)
 is amended to read:
63I-2-253 (Effective 07/01/20).
 Repeal dates -- Titles 53 through 53G.
(1) (a) Section 
53-2a-217
, regarding procurement during an epidemic or pandemic
emergency, is repealed on December 31, 2021.
(b) When repealing Section 
53-2a-217
, the Office of Legislative Research and General
Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(1)
] 
(2)
 Section 
53B-2a-103
 is repealed July 1, 2021.
[
(2)
] 
(3)
 Section 
53B-2a-104
 is repealed July 1, 2021.
[
(3)
] 
(4)
 (a) Subsection 
53B-2a-108
(5), regarding exceptions to the composition of a
technical college board of trustees, is repealed July 1, 2022.
(b) When repealing Subsection 
53B-2a-108
(5), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(4)
] 
(5)
 Section 
53B-6-105.7
 is repealed July 1, 2024.
[
(5)
] 
(6)
 (a) Subsection 
53B-7-705
(6)(b)(ii)(A), the language that states "Except as
provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
(b) Subsection 
53B-7-705
(6)(b)(ii)(B), regarding comparing a technical college's
change in performance with the technical college's average performance, is repealed July 1,
2021.
[
(6)
] 
(7)
 (a) Subsection 
53B-7-707
(3)(a)(ii), the language that states "Except as
provided in Subsection (3)(b)," is repealed July 1, 2021.
(b) Subsection 
53B-7-707
(3)(b), regarding performance data of a technical college
during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
[
(7)
] 
(8)
 Section 
53B-8-112
 is repealed July 1, 2024.
[
(8)
] 
(9)
 Section 
53B-8-114
 is repealed July 1, 2024.
[
(9)
] 
(10)
 (a) The following sections, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(i) Section 
53B-8-202
;
(ii) Section 
53B-8-203
;
(iii) Section 
53B-8-204
; and
(iv) Section 
53B-8-205
.
(b) (i) Subsection 
53B-8-201
(2), regarding the Regents' scholarship program for
students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
(ii) When repealing Subsection 
53B-8-201
(2), the Office of Legislative Research and
General Counsel shall, in addition to its authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(10)
] 
(11)
 Section 
53B-10-101
 is repealed on July 1, 2027.
[
(11)
] 
(12)
 Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
is repealed July 1, 2023.
[
(12)
] 
(13)
 Section 
53E-3-519
 regarding school counselor services is repealed July 1,
2020.
[
(13)
] 
(14)
 Section 
53E-3-520
 is repealed July 1, 2021.
[
(14)
] 
(15)
 Subsection 
53E-5-306
(3)(b)(ii)(B), related to improving school
performance and continued funding relating to the School Recognition and Reward Program, is
repealed July 1, 2020.
[
(15)
] 
(16)
 Section 
53E-5-307
 is repealed July 1, 2020.
[
(16)
] 
(17)
 Subsection 
53E-10-309
(7), related to the PRIME pilot program, is repealed
July 1, 2024.
[
(17)
] 
(18)
 In Subsections 
53F-2-205
(4) and (5), regarding the State Board of
Education's duties if contributions from the minimum basic tax rate are overestimated or
underestimated, the language that states "or 
53F-2-301.5
, as applicable" is repealed July 1,
2023.
[
(18)
] 
(19)
 Subsection 
53F-2-301
(1), relating to the years the section is not in effect, is
repealed July 1, 2023.
[
(19)
] 
(20)
 In Subsection 
53F-2-515
(1), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(20)
] 
(21)
 Section 
53F-4-207
 is repealed July 1, 2022.
[
(21)
] 
(22)
 In Subsection 
53F-9-302
(3), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(22)
] 
(23)
 In Subsection 
53F-9-305
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(23)
] 
(24)
 In Subsection 
53F-9-306
(3)(a), the language that states "or 
53F-2-301.5
, as
applicable" is repealed July 1, 2023.
[
(24)
] 
(25)
 In Subsection 
53G-3-304
(1)(c)(i), the language that states "or 
53F-2-301.5
,
as applicable" is repealed July 1, 2023.
[
(25)
] 
(26)
 Subsections 
53G-10-204
(1)(c) through (e), and Subsection 
53G-10-204
(7),
related to the civics engagement pilot program, are repealed on July 1, 2023.
[
(26)
] 
(27)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Subsection 
36-12-12
(3), make corrections necessary to ensure that sections and subsections
identified in this section are complete sentences and accurately reflect the office's perception of
the Legislature's intent.
Section 5. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.