Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 43 (2021GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• modifies reporting requirements related to an emergency procurement;
• limits the term length of a contract entered into for an emergency procurement; and
• makes technical changes.

Every vote on this bill

Bill text

EMERGENCY PROCUREMENT DECLARATION
MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Daniel McCay
Cosponsors:
Brady Brammer
Walt Brooks
Steve R. Christiansen
Jennifer Dailey-Provost
Joel Ferry
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
LONG TITLE
General Description:
This bill modifies provisions related to the public procurement of goods or services
during an emergency.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies reporting requirements related to an emergency procurement;
▸ limits the term length of a contract entered into for an emergency procurement; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-6a-803
, as last amended by Laws of Utah 2020, Chapter 365
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-6a-803
 is amended to read:
63G-6a-803.
Emergency procurement.
(1) As used in this section, "natural disaster" means an event where:
(a) one or more of the following has caused widespread damage:
(i) an explosion;
(ii) fire;
(iii) a flood;
(iv) a storm;
(v) a tornado;
(vi) winds;
(vii) an earthquake;
(viii) lightning; or
(ix) other adverse weather event; and
(b) the president of the United States has declared an emergency or major disaster in
the state, or the governor has declared a state of emergency under Title 53, Chapter 2a, Part 2,
Disaster Response and Recovery Act.
[
(1)
] 
(2)
 Notwithstanding any other provision of this chapter 
and subject to Subsection
(4)
, a procurement official may authorize a procurement unit to engage in an emergency
procurement without using a standard procurement process if the procurement is necessary to:
(a) avoid a lapse in a critical government service;
(b) mitigate a circumstance that is likely to have a negative impact on public health,
safety, welfare, or property
, including a natural disaster
; or
(c) protect the legal interests of a public entity.
[
(2)
] 
(3)
 A procurement unit conducting an emergency procurement under Subsection
[
(1)
] 
(2)
 shall:
(a) ensure that the procurement is made with as much competition as reasonably
practicable while:
(i) avoiding a lapse in a critical government service;
(ii) avoiding harm, or a risk of harm, to the public health, safety, welfare, or property;
or
(iii) protecting the legal interests of a public entity; and
[
(b) after the emergency has abated, prepare a written document explaining the
emergency condition that necessitated the emergency procurement under Subsection (1).
]
(b) make the following publicly available on the procurement unit's website within 14
days of the emergency procurement:
(i) a written document describing the specific emergency that necessitated the
emergency procurement;
(ii) the name of the highest ranking government official that approved the emergency
procurement; and
(iii) each written contract related to the emergency procurement.
(4) (a) Except as provided in Subsections (4)(b), (5), and (6), the term of a contract
entered into for an emergency procurement under this section may be no longer than 30 days.
(b) The term of a contract entered into for an emergency procurement under this
section related to a natural disaster may be no longer than 60 days.
(5) (a) Subject to Subsection (5)(b), the requirements described in Subsection (4) do
not apply to an emergency procurement for legal services.
(b) A person hired through an emergency procurement to provide legal services may
not, under the contract entered into through the emergency procurement, hire or otherwise
provide remuneration to a consultant for services related to any topic that is not directly related
to the legal services for which the person was hired.
(6) The requirements described in Subsection (4) do not apply to an emergency
procurement by the Department of Human Services related to the:
(a) placement of a client with a residential service provider; or
(b) provision of medical services for a client.