Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 40 (2025GS)

Sponsor

Rep. Wilcox, Ryan D.

Final action

House/ to Governor 3/17/2025

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• modifies communication device requirements for new construction to post-completion determination;
• revises screening and training requirements for school safety personnel;
• adjusts school safety personnel provisions;
• changes safety assessment deadlines and frequency;
• establishes a school safety foundation for certain purposes;
• creates compliance supports;
• modifies certain administrative structures within the school safety program; and
• makes technical changes.

Every vote on this bill

Bill text

64
15A-5-203
53-22-102
53-22-103
53-22-104.2
53-22-105
53-22-106
53-22-108
53-22-109
53-25-601
53B-28-401
53B-28-403
53F-4-208
53G-8-701
53G-8-701.5
53G-8-701.6
53G-8-701.8
53G-8-704
53G-8-802
53G-8-805
53G-9-207
53G-9-703
63G-6a-103
63G-6a-2105
76-5-417
School Safety Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
LONG TITLE
Committee Note:
 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote:
11 voting for
0 voting against
7 absent
General Description:
This bill modifies school safety provisions.
Highlighted Provisions:
This bill:
modifies communication device requirements for new construction to post-completion 
determination;
amends building standards;
revises screening and training requirements for school safety personnel;
adjusts school safety personnel provisions;
changes safety assessment deadlines and responsibilities;
establishes a school safety foundation for certain purposes;
creates compliance supports; 
modifies certain administrative structures within the school safety program;
amends the procurement code to allow a school safety foundation to use state cooperative 
contracts; 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:
15A-5-203
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapters 21, 
381
53-22-102
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 21
53-22-103
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 21
53-22-104.2
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53-22-105
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53-22-106
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53B-28-401
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapters 65, 
378
53B-28-403
, (Effective 07/01/25) as enacted by Laws of Utah 2021, Chapter 332
53G-8-701
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 21
53G-8-701.5
, (Effective 07/01/25) as repealed and reenacted by Laws of Utah 2024, 
Chapter 21
53G-8-701.6
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53G-8-701.8
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53G-8-704
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53G-8-802
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 23
53G-8-805
, (Effective 07/01/25) as enacted by Laws of Utah 2024, Chapter 21
53G-9-207
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 520
53G-9-703
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapter 20
63G-6a-103
, (Effective 07/01/25) as last amended by Laws of Utah 2024, Chapters 291, 
408 and 438
63G-6a-2105
, (Effective 07/01/25) as last amended by Laws of Utah 2016, Chapters 
348, 355
ENACTS:
53-22-108
, (Effective 07/01/25) Utah Code Annotated 1953
53-22-109
, (Effective 07/01/25) Utah Code Annotated 1953
53-25-601
, (Effective 07/01/25) Utah Code Annotated 1953
76-5-417
, (Effective 07/01/25) Utah Code Annotated 1953
REPEALS:
53F-4-208
, (Effective 07/01/25) as enacted by Laws of Utah 2023, Chapter 383
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
15A-5-203
 is amended to read:
15A-5-203 (Effective 07/01/25). Amendments and additions to IFC related to 
fire safety, building, and site requirements.
(1)
For IFC, Chapter 5, Fire Service Features:
(a)
In IFC, Chapter 5, a new Section 501.5, Access grade and fire flow, is added as 
follows: "An authority having jurisdiction over a structure built in accordance with 
the requirements of the International Residential Code as adopted in the State 
Construction Code, may require an automatic fire sprinkler system for the structure 
only by ordinance and only if any of the following conditions exist:
(i)
the structure:
(A)
is located in an urban-wildland interface area as provided in the Utah 
Wildland Urban Interface Code adopted as a construction code under the State 
Construction Code; and
(B)
does not meet the requirements described in Utah Code, Subsection 
65A-8-203
(4)(a) and Utah Administrative Code, R652-122-1300, Minimum Standards for 
County Wildland Fire Ordinance;
(ii)
the structure is in an area where a public water distribution system with fire 
hydrants does not exist as required in Utah Administrative Code, R309-550-5, 
Water Main Design;
(iii)
the only fire apparatus access road has a grade greater than 10% for more than 
500 continual feet;
(iv)
the total floor area of all floor levels within the exterior walls of the dwelling unit 
exceeds 10,000 square feet; or
(v)
the total floor area of all floor levels within the exterior walls of the dwelling unit 
is double the average of the total floor area of all floor levels of unsprinkled 
homes in the subdivision that are no larger than 10,000 square feet.
(vi)
Exception: A single family dwelling does not require a fire sprinkler system if 
the dwelling:
(A)
is located outside the wildland urban interface;
(B)
is built in a one-lot subdivision; and
(C)
has 50 feet of defensible space on all sides that limits the propensity of fire 
spreading from the dwelling to another property."
(b)
In IFC, Chapter 5, Section 506.1, Where Required, is deleted and rewritten as 
follows: "Where access to or within a structure or an area is restricted because of 
secured openings or where immediate access is necessary for life-saving or 
fire-fighting purposes, the fire code official, after consultation with the building 
owner, may require a key box to be installed in an approved location. The key box 
shall contain keys to gain necessary access as required by the fire code official. For 
each fire jurisdiction that has at least one building with a required key box, the fire 
jurisdiction shall adopt an ordinance, resolution, or other operating rule or policy that 
creates a process to ensure that each key to each key box is properly accounted for 
and secure."
(c)
In IFC, Chapter 5, a new Section 507.1.1, Isolated one- and two-family dwellings, is 
added as follows: "Fire flow may be reduced for an isolated one- and two-family 
dwelling when the authority having jurisdiction over the dwelling determines that the 
development of a full fire-flow requirement is impractical."
(d)
In IFC, Chapter 5, a new Section 507.1.2, Pre-existing subdivision lots, is added as follows:
"507.1.2 Pre-existing subdivision lots.
The requirements for a pre-existing subdivision lot shall not exceed the requirements 
described in Section 501.5."
(e)
In IFC, Chapter 5, Section 507.5.1, here required, a new exception is added: "3. One 
interior and one detached accessory dwelling unit on a single residential lot."
(f)
IFC, Chapter 5, Section 510.1, Emergency responder communication coverage in 
new buildings, is amended by adding: "When required by the fire code official, 
unless the new building is a public school as that term is defined in Section 
53G-9-205.1
 or a private school, 
then
if determined by the fire code official to be 
necessary after construction of the new building is completed, then
 the fire code 
official shall require," at the beginning of the first paragraph.
(2)
For IFC, Chapter 6, Building Services and Systems:
(a)
IFC, Chapter 6, Section 604.6.1, Elevator key location, is deleted and rewritten as 
follows: "Firefighter service keys shall be kept in a "Supra-Stor-a-key" elevator key 
box or similar box with corresponding key system that is adjacent to the elevator for 
immediate use by the fire department. The key box shall contain one key for each 
elevator, one key for lobby control, and any other keys necessary for emergency 
service. The elevator key box shall be accessed using a 6049 numbered key."
(b)
IFC, Chapter 6, Section 606.1, General, is amended as follows: On line three, after 
the word "Code", add the words "and NFPA 96".
(c)
IFC, Chapter 6, Section 607.2, a new exception 5 is added as follows: "5. A Type 1 
hood is not required for a cooking appliance in a microenterprise home kitchen, as 
that term is defined in Utah Code, Section 
26B-7-401
, for which the operator obtains 
a permit in accordance with Section 
26B-7-416
."
(3)
IFC, Chapter 7, Fire and Smoke Protection Features, Section 702.5, is deleted.
Section 2, Section 
53-22-102
 is amended to read:
53-22-102 (Effective 07/01/25). State security chief -- Creation -- Appointment.
(1)
There is created within the department a state security chief.
(2)
The state security chief:
(a)
is appointed by the commissioner with the approval of the governor;
(b)
is subject to the supervision and control of the commissioner;
(c)
may be removed at the will of the commissioner;
(d)
shall be qualified by experience and education to:
(i)
enforce the laws of this state relating to school safety;
(ii)
perform duties prescribed by the commissioner; and
(iii)
enforce rules made under this chapter.
(3)
The state security chief shall:
(a)
establish building and safety standards for all public and private schools, including:
(i)
coordinating with the State Board of Education to establish the required minimum 
safety and security standards for all public and private school facilities, including:
(A)
limited entry points, including, if applicable, secured entry points for specific 
student grades or groups;
(B)
internal 
video surveillance
 of entrances when school is in session
;
(C)
ground level
exterior and interior
 windows protected by security film or 
ballistic windows;
(D)
internal classroom door locks;
(E)
bleed kits and first aid kits;
(F)
exterior cameras on entrances, parking areas, and campus grounds; and
(G)
fencing around playgrounds;
(ii)
establishing a schedule or timeline for existing buildings to come into compliance 
with this section;
(iii)
creating a process to examine plans and specifications for construction or 
remodeling of a school building, in accordance with Section 
53E-3-706
;
(iv)
recommending to the commissioner the denial or revocation a public or private 
school's occupancy permit for a building if:
(A)
the building does not meet the standards established in this section; and
(B)
after consultation with the local governing board, the building remains 
non-compliant with the standards established in this section;
(v)
creating minimum standards for radio communication equipment in every school; 
(vi)
establishing an incident response method or system that a school shall use; 
and
(vi)
(vii)
establishing a process to approve the safety and security criteria the state 
superintendent of public instruction establishes for building inspectors described 
in Section 
53E-3-706
;
(b)
oversee the implementation of the school safety personnel requirements described in 
Section 
53G-8-701.5
, including:
(i)
in consultation with a county security chief, overseeing the school guardian 
program described in Section 
53-22-105
, including approving and coordinating 
the relevant training programs;
(ii)
establishing an application process for approved alternatives to the school safety 
personnel requirements described in Section 
53G-8-701.5
;
(iii)
selecting training requirements for school safety and security specialists in 
consultation with the State Board of Education as described in Section 
53G-8-701.6
;
(iv)
as required by Section 
53G-8-701.8
, tracking each school safety and security 
director for a local education agency and ensuring that the contact information for 
the school safety and security directors is readily available to the local law 
enforcement agency of relevant jurisdiction; and
(v)
reviewing and approving the State Board of Education's school resource officer 
training program as described in Section 
53G-8-702
;
(c)
oversee the creation of school safety trainings, protocols, and incident responses, 
including:
(i)
in consultation with the State Board of Education, defining what constitutes an 
"active threat" and "developmentally appropriate" for purposes of the emergency 
response training described in Section 
53G-8-803
;
(ii)
in consultation with the Office of Substance 
Abuse
Use
 and Mental Health, 
establishing or selecting an adolescent mental health and de-escalation training for 
school safety personnel;
(iii)
consulting with the School Safety Center to develop the model critical incident 
response that all schools and law enforcement will use during a threat, including:
(A)
standardized response protocol terminology for use throughout the state, 
including what constitutes a threat;
(B)
protocols for planning and safety drills, including drills required in a school 
before the school year begins;
(C)
integration and appropriate use of a panic alert device described in Subsection 
53G-8-805
;
(D)
the establishment of incident command for a threat or safety incident, 
including which entity and individual runs the incident command;
(E)
the required components for a communication plan to be followed during an 
incident or threat;
(F)
reunification plan protocols, including the appropriate design and use of an 
incident command by others responding to or involved in an incident; and
(G)
recommendations for safety equipment for schools, including amounts and 
types of first aid supplies;
(iv)
reviewing and suggesting any changes to the response plans and training under 
Section 
53G-8-803
;
(v)
creating the official standard response protocol described in Section 
53G-8-803
 for use by schools and law enforcement for school safety incidents; 
(vi)
ensuring a school physically marks doorways and hallways consistent with the 
incident response method required in Subsection 
(3)(a)
; 
and
(vi)
(vii)
establishing a manner for any security personnel described in Section 
53G-8-701.5
 to be quickly identified by law enforcement during an incident;
(d)
in consultation with the School Safety Center established in Section 
53G-8-802
:
(i)
create a process to receive and analyze the school safety needs assessments 
described in Section 
53G-8-701.5
; and
(ii)
establish a required data reporting system for public schools to report serious and 
non-serious threats and other data related to threat assessment that the state 
security chief determines to be necessary; 
(e)
review, authorize, and oversee foundation activities under Section 
53-22-108
; 
and
(e)
(f)
fulfill any other duties and responsibilities determined by the commissioner.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department, in consultation with the state security chief, shall make rules to fulfill the 
duties described in this section.
(5)
The state security chief may delegate duties under this section to a sworn department 
member with the approval of the commissioner.
Section 3, Section 
53-22-103
 is amended to read:
53-22-103 (Effective 07/01/25). County sheriff responsibilities -- Coordination.
(1)
Each county sheriff shall identify an individual as a county security chief within the 
sheriff's office to coordinate security responsibilities, protocols, and required trainings 
between the state security chief, the county sheriff's office, and the corresponding police 
chiefs whose jurisdiction includes a public school within the county.
(2)
The county security chief shall:
(a)
in collaboration with
ensure
 the school safety and security specialist described in 
Section 
53G-8-701.6
 and the local law enforcement agency of relevant jurisdiction
:
(i)
conduct
, or coordinate with a designee from the local law enforcement agency of 
relevant jurisdiction to conduct
 the school safety needs assessment described in 
Section 
53G-8-701.5
; and
(ii)
conduct a building safety evaluation at least annually using the results of the 
school safety needs assessment to recommend and implement improvements to 
school facilities, policies, procedures, protocols, rules, and regulations relating to 
school safety and security;
(b)
collaborate and maintain effective communications regarding school safety with 
each:
(i)
school safety and security specialist in the county security chief's county, as 
described in Section 
53G-8-701.6
;
(ii)
school safety and security director in the county security chief's county, as 
described in Section 
53G-8-701.8
; and
(iii)
local law enforcement agency within the county;
(c)
administer with the corresponding police chiefs whose jurisdiction includes a public 
school, the trainings described in Sections 
53-22-105
 and 
53G-8-704
, including:
(i)
assessing if an individual is capable of the duties and responsibilities that the 
trainings cover; and
(ii)
denying an individual the ability to be a school safety personnel described in 
Section 
53G-8-701.5
 if the county security chief finds the individual is not 
capable of the duties and responsibilities that the trainings cover; and
(d)
in conjunction with the state security chief, 
administer
ensure a local law 
enforcement of relevant jurisdiction administers
 the school guardian program 
established in Section 
53-22-105
 at any school participating in the program in the 
county security chief's county.
Section 4, Section 
53-22-104.2
 is amended to read:
53-22-104.2 (Effective 07/01/25). The School Security Task Force -- Education 
Advisory Board.
(1)
There is created an advisory board to the task force called the Education Advisory 
Board.
(2)
The advisory board shall consist of the following members:
(a)
the state security chief, who acts as chair of the advisory board;
(b)
the construction and facility specialist at the State Board of Education;
(c)
a superintendent from a county of the fourth, fifth, or sixth class, whom the state 
security chief selects;
(d)
a superintendent from a county of the first, second, or third class, whom the state 
security chief selects;
(e)
a charter school director from a county of the fourth, fifth, or sixth class, 
who 
maintains administrative operations within the same county and 
whom the state 
security chief selects;
(f)
a charter school director from a county of the first, second, or third class, whom the 
state security chief selects;
(g)
the president of the Utah School Boards Association or the president's designee;
(h)
a parent representative from a school community council or parent teacher 
organization, whom the state security chief selects;
(i)
a facilities manager from an LEA in a county of the fourth, fifth, or sixth class, whom 
the state security chief selects;
(j)
a facilities manager from an LEA in county of the first, second, or third class, whom 
the state security chief selects;
(k)
a representative of private schools, whom the state security chief selects; and
(l)
a member of the Office of Substance Abuse and Mental Health, whom the state 
security chief selects.
(3)
The advisory board's purpose is to:
(a)
review and provide input on official business of the task force;
(b)
provide recommendations and suggestions for the task force's consideration; and
(c)
study and evaluate the policies, procedures, and programs implemented for school 
safety and provide proactive information regarding the implementation.
(4)
(a)
A majority of the members of the advisory board constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the advisory board.
(5)
(a)
The advisory board shall select two members to serve as co-chairs.
(b)
The co-chairs are responsible for the call and conduct of meetings.
(6)
The staff of the state security chief shall provide staff for the advisory board.
(7)
A member of the advisory board who is not a legislator may not receive compensation 
for the member's work associated with the task force but may receive per diem and 
reimbursement for travel expenses incurred as a member of the task force at the rates 
established by the Division of Finance under:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and 
63A-3-107
.
Section 5, Section 
53-22-105
 is amended to read:
53-22-105 (Effective 07/01/25). School guardian program.
(1)
As used in this section:
(a)
"Annual training" means an annual four-hour training that:
(i)
a 
county security chief or a designee administers
local law enforcement of 
relevant jurisdiction administers
;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs;
(iv)
allows an individual to practice and demonstrate firearms proficiency at a 
firearms range using the firearm the individual carries for self defense and defense 
of others;
(v)
includes the following components:
(A)
firearm safety, including safe storage of a firearm;
(B)
de-escalation tactics;
(C)
the role of mental health in incidents; and
(D)
disability awareness and interactions; and
(vi)
contains other training needs as determined by the state security chief.
(b)
"Biannual training" means a twice-yearly training that:
(i)
is at least four hours, unless otherwise approved by the state security chief;
(ii)
a 
county security chief or a designee administers
local law enforcement of 
relevant jurisdiction administers
;
(iii)
the state security chief approves;
(iv)
can be tailored to local needs; and
(v)
through which a school guardian at a school or simulated school environment:
(A)
receives training on the specifics of the building or buildings of the school, 
including the location of emergency supplies and security infrastructure; and
(B)
participates in a live-action practice plan with school administrators in 
responding to active threats at the school; and
(vi)
shall be taken with at least three months in between the two trainings.
(c)
"Firearm" means the same as that term is defined in Section 
76-10-501
.
(d)
"Initial training" means an in-person training that:
(i)
a 
county security chief or a designee administers
local law enforcement of 
relevant jurisdiction administers
;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs; and
(iv)
provides:
(A)
training on general familiarity with the types of firearms that can be concealed 
for self-defense and defense of others;
(B)
training on the safe loading, unloading, storage, and carrying of firearms in a 
school setting;
(C)
training at a firearms range with instruction regarding firearms fundamentals, 
marksmanship, the demonstration and explanation of the difference between 
sight picture, sight alignment, and trigger control, and a recognized pistol 
course;
(D)
current laws dealing with the lawful use of a firearm by a private citizen, 
including laws on self-defense, defense of others, transportation of firearms, 
and concealment of firearms;
(E)
coordination with law enforcement officers in the event of an active threat;
(F)
basic trauma first aid;
(G)
the appropriate use of force, emphasizing the de-escalation of force and 
alternatives to using force;
(H)
situational response evaluations, including:
(I)
protecting and securing a crime or accident scene;
(II)
notifying law enforcement;
(III)
controlling information; and
(IV)
other training that the county sheriff, designee, or department deems 
appropriate.
(e)
"Program" means the school guardian program created in this section.
(f)
(i)
"School employee" means an employee of a school whose duties and 
responsibilities require the employee to be physically present at a school's campus 
while school is in session.
(ii)
"School employee" does not include a principal, teacher, or individual whose 
primary responsibilities require the employee to be primarily present in a 
classroom to teach, care for, or interact with students, unless:
(A)
the principal, teacher, or individual is employed at a school with 100 or fewer 
students;
(B)
the principal, teacher, or individual is employed at a school with adjacent 
campuses as determined by the state security chief; or
(C)
as provided in Subsection 
53G-8-701.5(3)
.
(g)
"School guardian" means a school employee who meets the requirements of 
Subsection (3).
(2)
(a)
(i)
There is created within the department the school guardian program
;
.
(ii)
the
The
 state security chief shall oversee the school guardian program
;
.
(iii)
the
The
 applicable county security chief shall administer the school guardian 
program in each county.
(b)
The state security chief shall ensure that the school guardian program includes:
(i)
initial training;
(ii)
biannual training; and
(iii)
annual training.
(c)
A county sheriff may partner or contract with:
(i)
another county sheriff to support the respective county security chiefs in jointly 
administering the school guardian program in the relevant counties; and
(ii)
a local law enforcement agency of relevant jurisdiction to provide the:
(A)
initial training;
(B)
biannual training; and
(C)
annual training.
(3)
(a)
A school employee that volunteers to participate is eligible to join the program as 
a school guardian if:
(i)
the school administrator approves the volunteer school employee to be designated 
as a school guardian;
(ii)
the school employee satisfactorily completes initial training within six months 
before the day on which the school employee joins the program;
(iii)
the school employee holds a valid concealed carry permit issued under 
Title 53,
Chapter 5, Part 7, Concealed Firearm Act;
(iv)
the school employee certifies to the sheriff of the county where the school is 
located that the school employee has undergone the training in accordance with 
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
(v)
the school employee
 successfully completes a mental health screening selected 
by the state security chief in collaboration with the Office of Substance Abuse and 
Mental Health established in Section 
26B-5-102
.
:
(A)
completes an initial "fit to carry" assessment the Department of Health and 
Human Services approves and a provider administers;
(B)
completes one mental health screening per calendar year thereafter that the 
state security chief selects in collaboration with the Office of Substance Use 
and Mental Health established in Section 
26B-5-102
; and
(C)
maintains compliance with mental health screening requirements consistent 
with law enforcement standards.
(b)
After joining the program a school guardian shall complete annual training and 
biannual training to retain the designation of a school guardian in the program.
(4)
The state security chief shall:
(a)
for each school that participates in the program, track each school guardian at the 
school by collecting the photograph and the name and contact information for each 
guardian;
(b)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state categorized by school; and
(c)
provide each school guardian with a one-time stipend of $500.
(5)
A school guardian:
(a)
may store the school guardian's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the school guardian's office; and
(iii)
the school guardian is physically present on the grounds of the school while the 
firearm is stored in the safe;
(b)
shall carry the school guardian's firearm in a concealed manner; and
(c)
may not, unless during an active threat, display or open carry a firearm while on 
school grounds.
(6)
Except as provided in Subsection (5)(c), this section does not prohibit an individual who 
has a valid concealed carry permit but is not participating in the program from carrying a 
firearm on the grounds of a public school or charter school under Subsection 
76-10-505.5
(4).
(7)
A school guardian:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the school where the school guardian is employed:
(i)
take actions necessary to prevent or abate an active threat; and
(ii)
temporarily detain an individual when the school guardian has reasonable cause 
to believe the individual has committed or is about to commit a forcible felony, as 
that term is defined in Section 
76-2-402
.
(8)
A school may designate a single volunteer or multiple volunteers to participate in the 
school guardian program to satisfy the school safety personnel requirements of Section 
53G-8-701.5
.
(9)
The department may adopt, according to Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, rules to administer this section.
(10)
A school guardian who has active status in the guardian program is not liable for any 
civil damages or penalties if the school guardian:
(a)
when carrying or storing a firearm:
(i)
is acting in good faith; and
(ii)
is not grossly negligent; or
(b)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section 
76-2-402
.
(11)
A school guardian shall file a report described in Subsection (12) if, during the 
performance of the school guardian's duties, the school guardian points a firearm at an 
individual.
(12)
(a)
A report described in Subsection (11) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
A school guardian shall submit a report required under Subsection (11) to the school 
administrator, school safety and security director, and the state security chief within 
48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (12)(b).
(13)
The requirements of Subsections (11) and (12) do not apply to a training exercise.
(14)
A school guardian may have the designation of school guardian revoked at any time by 
the school principal, county sheriff, or state security chief.
(15)
(a)
Any information or record created detailing a school guardian's participation in 
the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
administrators at the school guardian's school;
(C)
if applicable, other school safety personnel described in Section 
53G-8-701.5
;
(D)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(E)
the individual designated by the county sheriff in accordance with Section 
53-22-103
 of the county of the school where the school guardian in the 
program is located.
(b)
The information or record described in Subsection (15)(a) includes information 
related to the school guardian's identity and activity within the program as described 
in this section and any personal identifying information of a school guardian 
participating in the program collected or obtained during initial training, annual 
training, and biannual training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is 
guilty of a class B misdemeanor.
Section 6, Section 
53-22-106
 is amended to read:
53-22-106 (Effective 07/01/25). Substantial threats against a school reporting 
requirements -- Exceptions.
(1)
As used in this section, "substantial threat" means a threat made with serious intent to 
cause harm.
(2)
Except as provided in Subsection (3), if a state employee or person in a position of 
special trust as defined in Section 
76-5-404.1
, including an individual licensed under 
Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical 
Practice Act, has reason to believe a substantial threat against a school, school 
employee, or student attending a school or is aware of circumstances that would 
reasonably result in a substantial threat against a school, school employee, or student 
attending a school, the state employee or person in a position of special trust shall 
immediately report the suspected substantial threat to:
(a)
the state security chief;
(b)
(a)
the local education agency that the substantial threat would impact; or
(c)
(b)
to the nearest peace officer or law enforcement agency.
(3)
(a)
(i)
If the state security chief, a peace officer, or law enforcement agency 
receives a report under Subsection (2), the state security chief, peace officer, or 
law enforcement agency shall immediately notify the local education agency that 
the substantial threat would impact.
(ii)
If the local education agency that the substantial threat would impact receives a 
report under Subsection (2), the local education agency that the substantial threat 
would impact shall immediately notify the appropriate local law enforcement 
agency and the state security chief.
(b)
(i)
A local education agency that the substantial threat would impact shall 
coordinate with the law enforcement agency on the law enforcement agency's 
investigation of the report described in Subsection (1).
(ii)
If a law enforcement agency undertakes an investigation of a report under 
Subsection (2), the law enforcement agency shall provide a final investigatory 
report to the local education agency that the substantial threat would impact upon 
request.
(4)
Subject to Subsection (5), the reporting requirement described in Subsection (2) does 
not apply to:
(a)
a member of the clergy with regard to any confession an individual makes to the 
member of the clergy while functioning in the ministerial capacity of the member of 
the clergy if:
(i)
the individual made the confession directly to the member of the clergy;
(ii)
the member of the clergy is, under canon law or church doctrine or practice, 
bound to maintain the confidentiality of the confession; and
(iii)
the member of the clergy does not have the consent of the individual making the 
confession to disclose the content of the confession; or
(b)
an attorney, or an individual whom the attorney employs, if:
(i)
the knowledge or belief of the substantial threat arises from the representation of a 
client; and
(ii)
if disclosure of the substantial threat would not reveal the substantial threat to 
prevent reasonably certain death or substantial bodily harm in accordance with 
Utah Rules of Professional Conduct, Rule 1.6.
(5)
(a)
When a member of the clergy receives information about the substantial threat 
from any source other than a confession, the member of the clergy shall report the 
information even if the member of the clergy also received information about the 
substantial threat from the confession of the perpetrator.
(b)
Exemption of the reporting requirement for an individual described in Subsection (4)
 does not exempt the individual from any other actions required by law to prevent 
further substantial threats or actual harm related to the substantial threat.
(6)
The physician-patient privilege does not:
(a)
excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical 
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from 
reporting under this section; or
(b)
constitute grounds for excluding evidence in a judicial or administrative proceeding 
resulting from a report under this section.
Section 7, Section 
53-22-108
 is enacted to read:
53-22-108 (Effective 07/01/25). School safety foundation.
(1)
As used in this section:
(a)
"Authorized foundation" means a nonprofit foundation that:
(i)
meets the requirements of this section; and
(ii)
the state security chief authorizes.
(b)
"School safety product" means equipment, technology, service, or material that 
enhances school safety and security.
(2)
The state security chief may approve a nonprofit foundation to be an authorized 
foundation if the foundation:
(a)
maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
(b)
has operated continuously in the state for three or more years;
(c)
maintains a primary mission focused on school safety;
(d)
operates under a board of directors that includes:
(i)
a law enforcement representative;
(ii)
an educator or school administrator; and
(iii)
an emergency management professional;
(e)
demonstrates financial stability through:
(i)
an annual independent audit;
(ii)
maintained reserves; and
(iii)
a clean financial record; and
(f)
provides evidence of:
(i)
successful project management;
(ii)
an existing relationship with an educational institution; and
(iii)
knowledge of school safety requirements described in federal and state law.
(3)
 A foundation seeking authorization shall submit to the state security chief:
(a)
a written application that demonstrates compliance with Subsection (2);
(b)
a financial record for the previous three years;
(c)
a current board member qualification;
(d)
a proposed school safety initiative; and
(e)
an internal procurement policy.
(4)
The state security chief shall:
(a)
review an application within 60 days;
(b)
request additional information if needed;
(c)
issue a written decision; and
(d)
maintain a public record of an authorized foundation.
(5)
An authorized foundation may:
(a)
participate in a state cooperative contract in accordance with Section 
63G-6a-2105
;
(b)
make a bulk purchase of a school safety product; and
(c)
in coordination with the state security chief and the School Safety Center:
(i)
facilitate a donation of a school safety product; and
(ii)
distribute a product to a qualifying school.
(6)
An authorized foundation shall:
(a)
follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state 
contract;
(b)
maintain separate accounting for a school safety purchase;
(c)
by August 1 of each year, submit an annual report to the state security chief that 
includes:
(i)
a product procured through a state contract;
(ii)
all schools served;
(iii)
the total value of a donation facilitated; and
(iv)
a compliance certification; and
(d)
renew authorization every three years.
(7)
The state security chief:
(a)
may revoke authorization if the authorized foundation:
(i)
fails to maintain a requirement of this section;
(ii)
violates Title 63G, Chapter 6a, Utah Procurement Code;
(iii)
engages in financial mismanagement; or
(iv)
submits false information in a report required by this section; and
(b)
shall, before revoking authorization:
(i)
provide written notice to the foundation;
(ii)
allow a 30-day period to remedy the violation;
(iii)
provide an opportunity for a hearing; and
(iv)
 issue a final written decision.
(8)
Authorization under this section does not:
(a)
create state liability;
(b)
imply state endorsement;
(c)
override a local procurement requirement; and
(d)
exempt the foundation from an applicable law.
Section 8, Section 
53-22-109
 is enacted to read:
53-22-109 (Effective 07/01/25). School safety -- Compliance.
(1)
As used in this section:
(a)
"Compliance issue" means a violation of a school safety requirement under:
(i)
this chapter; or
(ii)
rules established in accordance with this chapter.
(b)
"Tiered system of support" means an escalating system of:
(i)
technical assistance;
(ii)
intervention; and
(iii)
corrective action.
(2)
The state security chief shall, in collaboration with the School Safety Center:
(a)
establish a tiered system of support for a compliance issue;
(b)
develop implementation procedures for the system; and
(c)
define criteria for:
(i)
evaluating a compliance issue;
(ii)
assigning an appropriate tier; and
(iii)
monitoring progress.
(3)
In establishing the system under Subsection (2), the state security chief and School 
Safety Center shall consider:
(a)
severity of the compliance issue;
(b)
risk to student and staff safety;
(c)
available technical assistance resources;
(d)
local education agency capacity; and
(e)
required corrective action timelines.
Section 9, Section 
53-25-601
 is enacted to read:
6. Requirements for School Safety
53-25-601 (Effective 07/01/25). Requirements for school safety.
(1)
As used in this section:
(a)
"Local law enforcement agency" means the law enforcement agency with primary 
jurisdiction over a school's physical location.
(b)
 "School safety needs assessment" means the assessment required under Section 
53G-8-701.5
.
(c)
"Security camera system" means the system described in Section 
53G-8-805
.
(2)
Each local law enforcement agency shall:
(a)
conduct annual school safety needs assessments as required by Section 
53G-8-701.5
 for each school within the local law enforcement's jurisdiction;
(b)
ensure the school safety and security specialist for each school submits the 
completed assessments to the county security chief by October 15 of each year;
(c)
coordinate with each school within the local law enforcement's jurisdiction to obtain 
and maintain access to school security camera systems as described in Section 
53G-8-805
; and
(d)
coordinate with the relevant county security chiefs as specified in Section 
53-22-103
.
Section 10, Section 
53B-28-401
 is amended to read:
53B-28-401 (Effective 07/01/25). Campus safety plans and training -- Institution 
duties -- Governing board duties.
(1)
As used in this section:
(a)
"Covered offense" means:
(i)
sexual assault;
(ii)
domestic violence;
(iii)
dating violence; or
(iv)
stalking.
(b)
"Institution" means an institution of higher education described in Section 
53B-1-102
.
(c)
"Student organization" means a club, group, sports team, fraternity or sorority, or 
other organization:
(i)
of which the majority of members is composed of students enrolled in an 
institution; and
(ii)
(A)
that is officially recognized by the institution; or
(B)
seeks to be officially recognized by the institution.
(2)
An institution shall develop a campus safety plan that addresses:
(a)
where an individual can locate the institution's policies and publications related to a 
covered offense;
(b)
institution and community resources for a victim of a covered offense;
(c)
the rights of a victim of a covered offense, including the measures the institution 
takes to ensure, unless otherwise provided by law, victim confidentiality throughout 
all steps in the reporting and response to a covered offense;
(d)
how the institution informs the campus community of a crime that presents a threat 
to the campus community;
(e)
availability, locations, and methods for requesting assistance of security personnel on 
the institution's campus;
(f)
guidance on how a student may contact law enforcement for incidents that occur off 
campus;
(g)
institution efforts related to increasing campus safety, including efforts related to the 
institution's increased response in providing services to victims of a covered offense, 
that:
(i)
the institution made in the preceding 18 months; and
(ii)
the institution expects to make in the upcoming 24 months;
(h)
coordination and communication between institution resources and organizations, 
including campus law enforcement;
(i)
institution coordination with local law enforcement or community resources, 
including coordination related to a student's safety at an off-campus location; and
(j)
how the institution requires a student organization to provide the campus safety 
training as described in Subsection (5).
(3)
An institution shall:
(a)
prominently post the institution's campus safety plan on the institution's website and 
each of the institution's campuses; and
(b)
annually update the institution's campus safety plan.
(4)
An institution shall develop a campus safety training curriculum that addresses:
(a)
awareness and prevention of covered offenses, including information on institution 
and community resources for a victim of a covered offense;
(b)
bystander intervention; and
(c)
sexual consent.
(5)
An institution shall require a student organization, in order for the student organization 
to receive or maintain official recognition by the institution, to annually provide campus 
safety training, using the curriculum described in Subsection (4), to the student 
organization's members.
(6)
An institution shall report annually to the Education Interim Committee and the Law 
Enforcement and Criminal Justice Interim Committee, at or before the committees' 
November meetings, on crime statistics aggregated by housing facility as described in 
Subsection 
53B-28-403
(2).
Section 11, Section 
53B-28-403
 is amended to read:
53B-28-403 (Effective 07/01/25). Student housing crime reporting.
(1)
As used in this section:
(a)
"Campus law enforcement" means an institution's police department.
(b)
"Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec. 
668.46(c)(1) that are reported to a local police agency or campus law enforcement, 
listed by type of crime.
(c)
"Institution" means an institution of higher education described in Section 
53B-2-101
.
(d)
(i)
"Institution noncampus housing facility" means a building or property that:
(A)
is used for housing students;
(B)
is not part of the institution's campus; and
(C)
the institution owns, manages, controls, or leases;
(ii)
"Institution noncampus housing facility" includes real property that is adjacent to, 
and is used in direct support of, the building or property described in Subsection 
(1)(d)(i)
.
(e)
"Local law enforcement agency" means a state or local law enforcement agency 
other than campus law enforcement.
(f)
(i)
"On-campus housing facility" means a building or property that is:
(A)
used for housing students; and
(B)
part of the institution's campus.
(ii)
"On-campus housing facility" includes real property that is:
(A)
adjacent to the on-campus housing facility; and
(B)
used in direct support of the on-campus housing facility.
(g)
"Student housing" means:
(i)
an institution noncampus housing facility;
(ii)
an on-campus housing facility; or
(iii)
a student organization noncampus housing facility.
(h)
"Student organization" means the same as that term is defined in Section 
53B-28-401
.
(i)
"Student organization noncampus housing facility" means a building or property that:
(i)
is used for housing students;
(ii)
is not part of the institution's campus; and
(iii)
(A)
a student organization owns, manages, controls, or leases; or
(B)
is real property that is adjacent to the student organization noncampus housing 
facility and is used in direct support of the noncampus housing facility.
(2)
An institution
 with the types of housing facilities described in this Subsection 
(2)
 shall:
(a)
create a report of crime statistics aggregated by:
(i)
on-campus housing facility, identified and listed individually using the institution's 
system for inventorying institution facilities;
(ii)
institution noncampus housing facility, identified and listed individually using the 
institution's system for inventorying institution facilities; and
(iii)
student organization noncampus housing facilities, identified and listed 
individually using the institution's system for identifying student organization 
noncampus housing facilities; and
(b)
include the report described in Subsection 
(2)(a)
 in the report described in 
Subsection 
53B-28-401(6)
.
report annually to the Education Interim Committee and 
the Law Enforcement and Criminal Justice Interim Committee, at or before the 
committee's November meetings, on crime statistics aggregated by housing facility 
as described in 
Subsection(2)(a)
.
(3)
An institution that does not have the types of housing described in Subsection 
(2)
 shall 
report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities 
specified in Subsection (2).
(4)
Upon request from an institution, a local law enforcement agency shall provide to the 
institution crime statistics for each student housing facility over which the local law 
enforcement agency has jurisdiction.
(4)
(5)
Except as provided in Section 
53B-28-303
, when campus law enforcement receives 
a complaint or report of a crime that campus law enforcement reasonably determines 
occurred outside of campus law enforcement's jurisdiction, campus law enforcement 
shall share any record of the complaint or report with the local law enforcement agency 
with jurisdiction.
Section 12, Section 
53G-8-701
 is amended to read:
53G-8-701 (Effective 07/01/25). Definitions.
As used in this part:
(1)
"Armed school security guard" means the same as that term is defined in Section 
53G-8-804
53G-8-704
.
(2)
"County security chief" means the same as that term is defined in Section 
53-22-101
.
(3)
"Law enforcement agency" means the same as that term is defined in Section 
53-1-102
.
(4)
"Public school" means the same as that term is defined in Section 
53G-9-205.1
.
(5)
"School guardian" means the same as that term is defined in Section 
53-22-106
.
(6)
"School is in session" means the same as that term is defined in Section 
53E-3-516
.
(7)
"School resource officer" means a law enforcement officer, as defined in Section 
53-13-103
, who contracts with or whose law enforcement agency contracts with an LEA 
to provide law enforcement services for the LEA.
(8)
"School safety and security director" means an individual whom an LEA designates in 
accordance with Section 
53G-8-701.8
.
(9)
"School safety and security specialist" means a school employee designated under 
Section 
53G-8-701.6
who is responsible for supporting school safety initiatives.
(10)
"School 
safety center"
Safety Center"
 means the same as that term is defined in 
Section 
53G-8-801
.
(11)
"State security chief" means the same as that term is defined in Section 
53-22-101
.
Section 13, Section 
53G-8-701.5
 is amended to read:
53G-8-701.5 (Effective 07/01/25). School safety needs assessment -- School safety 
personnel -- Alternative requirements.
(1)
(a)
No later than 
December 31, 2024
October 15 of each year
, an LEA shall:
(i)
ensure a school safety needs assessment is conducted in accordance with 
Subsection (1)(b) for each school within the LEA to determine the needs and 
deficiencies regarding:
(A)
appropriate school safety personnel, including necessary supports, training, 
and policy creation for the personnel;
(B)
physical building security and safety, including required upgrades to facilities 
and safety technology
, and a list of current deferred maintenance
; and
(C)
a school's current threat and emergency response protocols, including any 
emergency response agreements with local law enforcement; and
(ii)
report the results of the school safety needs assessment for each school within the 
LEA to the state security chief and the School Safety Center.
(b)
The school safety specialist described in Section 
53G-8-701.6
 in collaboration with 
the 
county security chief or designee described in Section 
53-22-103
local law 
enforcement of relevant jurisdiction over the school
 shall conduct the school safety 
needs assessment for each school.
(c)
In collaboration with the School Safety Center described in Section 
53G-8-802
, the 
state security chief described in Section 
53-22-102
 shall create a school safety needs 
assessment that an LEA shall use to ensure compliance with this Subsection (1).
(d)
The state board shall use the results of the school safety needs assessment for each 
school within an LEA to award a grant to an LEA in accordance with Section 
53F-5-220
.
(e)
Any information or record detailing a school's needs assessment results is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
the School Safety Center;
(C)
members of an LEA governing board;
(D)
administrators of the LEA and school the needs assessment concerns;
(E)
only to the extent necessary to award a grant under Section 
53F-5-220
, the 
state board;
(F)
the applicable school safety personnel described in Subsection (2);
(G)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(H)
the county security chief.
(f)
An individual who intentionally or knowingly provides the information described in 
Subsection (1)(e) to an individual or entity not listed in Subsection (1)(e)(ii) is guilty 
of a class B misdemeanor.
(2)
(a)
An LEA shall ensure each school within the LEA has the following school safety 
personnel:
(i)
a school safety and security specialist described in Section 
53G-8-701.6
; and
(ii)
based on the results of the needs assessment described in Subsection (1), at least 
one of the following:
(A)
a school resource officer;
(B)
a school guardian; or
(C)
an armed school security guard.
(b)
In addition to the school safety personnel described in Subsection (2)(a), an LEA 
shall designate a school safety and security director described in Section 
53G-8-701.8
.
(c)
If a school has more than 350 students enrolled at the school, the
The
 same 
individual may 
not 
serve in more than one of the roles listed in Subsections (2)(a)
 and (b)
 if the school notifies the School Safety Center and the state security chief of 
the decision to have the same individual serve in multiple roles as described in this 
Subsection 
(2)
.
(d)
An LEA may implement the requirements of Subsection (2)(a)(ii) before the LEA 
has completed the school safety needs assessment described in Subsection (1).
(e)
The state security chief in consultation with the School Safety Center shall establish 
a timeline for an LEA to comply with the school safety personnel requirements of 
this Subsection (2).
(3)
(a)
An LEA, school administrator, or private school may apply to the state security 
chief for an approved alternative to the requirements described in:
(i)
Section 
53-22-105
;
(ii)
this section;
(iii)
Section 
53G-8-701.6
;
(iv)
Section 
53G-8-701.8
; and
(v)
Section 
53G-8-704
.
(b)
In approving or denying an application described in Subsection (3)(a), the state 
security chief may consider factors that impact a school or LEA's ability to adhere to 
the requirements of this section, including the school or LEA's:
(i)
population size;
(ii)
staffing needs or capacity;
(iii)
geographic location;
(iv)
available funding; or
(v)
general demonstration of need for an alternative to the requirements of this 
section.
(4)
A private school shall identify an individual at the private school to serve as the safety 
liaison with the local law enforcement of relevant jurisdiction and the state security chief.
Section 14, Section 
53G-8-701.6
 is amended to read:
53G-8-701.6 (Effective 07/01/25). School safety and security specialist.
(1)
As used in this section, "principal" means the chief administrator at a public school, 
including:
(a)
a school principal;
(b)
a charter school director; or
(c)
the superintendent of the Utah Schools for the Deaf and the Blind.
(2)
(a)
Subject to Subsection (2)(b) and except as provided in Subsection 
53G-8-701.5
(3), 
every campus within an LEA shall designate a school safety and security specialist 
from the employees of the relevant campus.
(b)
The school safety and security specialist:
(i)
may not be a principal; and
(ii)
may be the school safety and security director at one campus within the LEA.
(3)
The school safety and security specialist shall:
(a)
report directly to the principal;
(b)
oversee school safety and security practices to ensure a safe and secure school 
environment for students and staff;
(c)
ensure adherence with all policies, procedures, protocols, rules, and regulations 
relating to school safety and security through collaborating and maintaining effective 
communications with the following as applicable:
(i)
the principal;
(ii)
school staff;
(iii)
the school resource officer;
(iv)
the armed school security guard;
(v)
the school guardian;
(vi)
local law enforcement;
(vii)
the county security chief;
(viii)
the school safety and security director;
(ix)
the LEA; and
(x)
school-based behavioral and mental health professionals;
(d)
in collaboration with the 
county security chief or designee described in Section 
53-22-103
local law enforcement of relevant jurisdiction over the school
:
(i)
conduct the school safety needs assessment described in Section 
53G-8-701.5
; and
(ii)
conduct a building safety evaluation at least annually using the results of the 
school safety needs assessment to recommend and implement improvements to 
school facilities, policies, procedures, protocols, rules, and regulations relating to 
school safety and security;
(e)
if the specialist is also an employee of an LEA, 
participate on the multidisciplinary 
team that the 
LEA
school
 establishes;
(f)
conduct a behavioral threat assessment when the school safety and security specialist 
deems necessary using an evidence-based tool the state security chief recommends in 
consultation with the school safety center and the Office of Substance 
Abuse
Use
 and Mental Health;
(g)
regularly monitor and report to the principal, local law enforcement, and, if 
applicable, the LEA superintendent or designee, security risks for the school resulting 
from:
(i)
issues with school facilities; or
(ii)
the implementation of practices, policies, procedures, and protocols relating to 
school safety and security;
(h)
coordinate with local first responder agencies to implement and monitor safety and 
security drills in accordance with policy and applicable procedures and protocols;
(i)
ensure that school staff, and, when appropriate, students, receive training on and 
remain current on the school's safety and security procedures and protocols;
(j)
following an event where security of the school has been significantly compromised, 
organize a debriefing with the individuals listed in Subsection (3)(c) 
following the 
recommendations from the state security chief, in collaboration with the School 
Safety Center, 
regarding strengthening school safety and security practices, policies, 
procedures, and protocols;
(k)
abide by any LEA, school, or law enforcement agency policy outlining the chain of 
command;
(l)
during an emergency, coordinate with the following individuals as applicable, the:
(i)
school resource officer;
(ii)
school guardians;
(iii)
armed school security guards;
(iv)
school administrators; and
(v)
responding law enforcement officers;
(m)
follow any LEA, school, or law enforcement agency student privacy policies, 
including state and federal privacy laws;
(n)
participate in an annual training the state security chief selects in consultation with 
the School Safety Center; and
(o)
remain current on:
(i)
a comprehensive school guideline the state security chief selects;
(ii)
the duties of a school safety and security specialist described in this Subsection (3); 
and
(iii)
the school's emergency response plan.
(4)
During an active emergency at the school, the school safety and security specialist is 
subordinate to any responding law enforcement officers.
Section 15, Section 
53G-8-701.8
 is amended to read:
53G-8-701.8 (Effective 07/01/25). School safety and security director.
(1)
Except as provided in Subsection 
53G-8-701.5
(3), an LEA shall designate a school 
safety and security director as the LEA point of contact for the county security chief, 
local law enforcement, and the state security chief.
(2)
A school safety and security director shall:
(a)
participate in and satisfy the training requirements
, including the annual and 
biannual requirements, described in
 as follows
:
(i)
only once, the training requirements described in 
Section 
53-22-105
 for school 
guardians;
(ii)
Section 
53G-8-702
 for
the
 school resource 
officers
officer and administrator 
training the School Safety Center provides described in Section 
53G-8-702
; and
(iii)
Section 
53G-8-704
 for armed school security guards;
(b)
if serving as a backup school guardian, 
have a valid concealed carry permit issued 
under 
Title 53, Chapter 5, Part 7
, Concealed Firearm Act;
(c)
if the designee is an employee of an LEA, participate on the multidisciplinary team 
the LEA establishes;
(d)
coordinate security responses among, if applicable, the following individuals in the 
LEA that employs the school safety and security director:
(i)
school safety and security specialists;
(ii)
school resource officers;
(iii)
armed school security guards; and
(iv)
school guardians; and
(e)
collaborate and maintain effective communications with local law enforcement, a 
county security chief, the LEA, and school-based behavioral and mental health 
professionals to ensure adherence with all policies, procedures, protocols, rules, and 
regulations relating to school safety and security.
(3)
A school safety and security director:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the LEA that employs the director:
(i)
take actions necessary to prevent or abate an active threat;
 and
(ii)
temporarily detain an individual when the school safety and security director has 
reasonable cause to believe the individual has committed or is about to commit a 
forcible felony, as that term is defined in Section 
76-2-402
;
.
(4)
Notwithstanding Subsection 
76-10-505.5
(4), if a school safety and security director is 
carrying a firearm, the school safety and security director shall carry the school safety 
and security director's firearm in a concealed manner and may not, unless during an 
active threat, display or open carry a firearm while on school grounds.
(5)
A school may use the services of the school safety and security director on a temporary 
basis to satisfy the school safety personnel requirement of Subsection 
53G-8-701.5
(2).
(6)
The state security chief shall:
(a)
for each school safety and security director, track each school safety and security 
director by collecting the photograph and the name and contact information for each 
school safety and security director; and
(b)
make the information described in Subsection (6)(a) readily available to each law 
enforcement agency in the state categorized by LEA.
Section 16, Section 
53G-8-704
 is amended to read:
53G-8-704 (Effective 07/01/25). Contracts between an LEA and a contract 
security company for armed school security guards.
(1)
As used in this section:
(a)
"Armed private security officer" means the same as that term is defined in Section 
58-63-102
.
(b)
"Armed school security guard" means an armed private security officer who
 is
:
(i)
is 
licensed as an armed private security officer under Title 58, Chapter 63, 
Security Personnel Licensing Act; and
(ii)
has met the requirements described in Subsection (4)(a).
(c)
"Contract security company" means the same as that term is defined in Section 
58-63-102
.
(d)
"State security chief" means the same as that term is defined in Section 
53-22-102
.
(2)
(a)
An LEA may use an armed school security guard to satisfy the school safety 
personnel requirements of Section 
53G-8-701.5
.
(b)
An LEA that uses an armed school security guard under Subsection (2)(a) shall 
contract with a contract security company to provide armed school security guards at 
each school within the LEA.
(3)
The contract described in Subsection (2)(b) shall include a detailed description of:
(a)
the rights of a student under state and federal law with regard to:
(i)
searches;
(ii)
questioning;
(iii)
arrests; and
(iv)
information privacy;
(b)
job assignment and duties of an armed school security guard, including:
(i)
the school to which an armed school security guard will be assigned;
(ii)
the hours an armed school security guard is present at the school;
(iii)
the point of contact at the school that an armed school security guard will contact 
in case of an emergency;
(iv)
specific responsibilities for providing and receiving information;
(v)
types of records to be kept, and by whom;
 and
(vi)
training requirements; and
(c)
other expectations of the contract security company in relation to school security at 
the LEA.
(4)
(a)
In addition to the requirements for licensure under Title 58, Chapter 63, Security 
Personnel Licensing Act, an armed private security officer may only serve as an 
armed school security guard under a contract described in Subsection (2)(b) if the 
armed private security officer:
(i)
has a valid concealed carry permit issued under Title 53, Chapter 5, Part 7, 
Concealed Firearm Act;
 and
(ii)
has undergone training from a county security chief regarding:
(A)
the safe loading, unloading, storage, and carrying of firearms in a school 
setting;
(B)
the role of armed security guards in a school setting; and
(C)
coordination with law enforcement and school officials during an active threat
.
;
(iii)
completes an initial "fit to carry" assessment the Department of Health and 
Human Services approves and a provider administers;
(iv)
completes one mental health screening per calendar year thereafter; and
(v)
maintains compliance with mental health screening requirements consistent with 
law enforcement standards.
(b)
An armed school security guard that meets the requirements of Subsection (4)(a)
 shall, in order to remain eligible to be assigned as an armed school security guard at 
any school under a contract described in Subsection (2)(b), participate in and satisfy 
the training requirements of the initial, annual, and biannual trainings as defined in 
Section 
53-22-105
.
(5)
An armed school security guard may conceal or openly carry a firearm at the school at 
which the armed school security guard is employed under the contract described in 
Subsection (2)(b).
(6)
An LEA that enters a contract under this section shall inform the state security chief and 
the relevant county security chief of the contract and provide the contact information of 
the contract security company employing the armed security guard for use during an 
emergency.
(7)
The state security chief shall:
(a)
for each LEA that contracts with a contract security company under this section, 
track each contract security company providing armed school security guards by 
name and the contact information for use in case of an emergency; and
(b)
make the information described in Subsection (7)(a) readily available to each law 
enforcement agency in the state by school.
(8)
An armed school security guard shall file a report described in Subsection (9) if, during 
the performance of the armed school security guard's duties, the armed school security 
guard:
(a)
points a firearm at an individual; or
(b)
aims a conductive energy device at an individual and displays the electrical current.
(9)
(a)
A report described in Subsection (8) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
An armed school security guard shall submit a report required under Subsection (8)
 to the school administrator, school safety and security director, and the state security 
chief within 48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (9)(b).
Section 17, Section 
53G-8-802
 is amended to read:
53G-8-802 (Effective 07/01/25). State Safety and Support Program -- State 
board duties -- LEA duties.
(1)
There is created the School Safety Center.
(2)
The School Safety Center shall:
(a)
develop in conjunction with the Office of Substance Use and Mental Health and the 
state security chief model student safety and support policies for an LEA, including:
(i)
requiring an evidence-based behavior threat assessment that includes:
(A)
recommended interventions with an individual whose behavior poses a threat 
to school safety; and
(B)
establishes defined roles for a multidisciplinary team and school safety 
personnel described in Title 53G, Chapter 8, Part 7, School Safety Personnel, 
including:
(ii)
procedures for referrals to law enforcement; and
(iii)
procedures for referrals to a community services entity, a family support 
organization, or a health care provider for evaluation or treatment;
(b)
provide training in consultation with the state security chief:
(i)
in school safety;
(ii)
in evidence-based approaches to improve school climate and address and correct 
bullying behavior;
(iii)
in evidence-based approaches in identifying an individual who may pose a threat 
to the school community;
(iv)
in evidence-based approaches in identifying an individual who may be showing 
signs or symptoms of mental illness;
(v)
on permitted disclosures of student data to law enforcement and other support 
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 
1232g;
(vi)
on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections 
53E-9-203
 and 
53E-9-305
; and
(vii)
for administrators on rights and prohibited acts under:
(A)
Chapter 9, Part 6, Bullying and Hazing;
(B)
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
(C)
Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
(D)
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
(E)
the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
(c)
conduct and disseminate evidence-based research on school safety concerns;
(d)
disseminate information on effective school safety initiatives;
(e)
encourage partnerships between public and private sectors to promote school safety;
(f)
provide technical assistance to an LEA in the development and implementation of 
school safety initiatives;
(g)
in conjunction with the state security chief, make available to an LEA the model 
critical incident response training program a school and law enforcement agency 
shall use during a threat;
(h)
provide space for the public safety liaison described in Section 
53-1-106
 and the 
school-based mental health specialist described in Section 
26B-5-102
;
(i)
collaborate with the state security chief to determine appropriate application of school 
safety requirements in Utah Code to an online school;
(j)
create a model school climate survey that may be used by an LEA to assess 
stakeholder perception of a school environment; 
(k)
establish a charter school liaison including defined responsibilities for charter school 
communication and coordination with the School Safety Center;
(l)
assist a foundation described in Section 
53-22-108
 in distributing school safety 
products if a foundation seeks assistance; 
and
(k)
(m)
collect aggregate data and school climate survey results from an LEA that 
administers the model school climate survey described in Subsection 
(2)(i)
(2)(j)
.
(3)
Nothing in this section requires:
(a)
an individual to respond to a school climate survey; or
(b)
an LEA to use the model school climate survey or any specified questions in the 
model school climate survey described in Subsection 
(2)(i)
(2)(j)
.
(4)
The state board shall require an LEA to:
(a)
(i)
if an LEA administers a school climate survey, review school climate data for 
each school within the LEA; and
(ii)
based on the review described in Subsection (4)(a)(i):
(A)
revise practices, policies, and training to eliminate harassment and 
discrimination in each school within the LEA;
(B)
adopt a plan for harassment- and discrimination-free learning; and
(C)
host outreach events or assemblies to inform students and parents of the plan 
adopted under Subsection (4)(a)(ii)(B);
(b)
no later than September 1 of each school year, send a notice to each student, parent, 
and LEA staff member stating the LEA's commitment to maintaining a school 
climate that is free of harassment and discrimination; and
(c)
report to the state board annually on the LEA's implementation of the plan under 
Subsection (4)(a)(ii)(B) and progress.
Section 18, Section 
53G-8-805
 is amended to read:
53G-8-805 (Effective 07/01/25). Panic alert device -- Security cameras.
(1)
In accordance with the results of the school safety needs assessment described in 
Section 
53G-8-701.5
, an LEA shall provide 
a staff person
the lead teacher
 in each 
classroom with a wearable panic alert device that 
allows for immediate contact with 
emergency services or emergency services agencies, law enforcement agencies, health 
departments, and fire departments
shall communicate directly with public safety 
answering points
.
(2)
An LEA shall ensure, before the school year begins, all school building personnel 
receive training on the protocol and appropriate use of the panic alert device described in 
Subsection (1).
(3)
An LEA shall:
(a)
ensure all security cameras within a school building are accessible by
:
(i)
a local law enforcement agency; and
(ii)
public safety answering points;
(b)
coordinate with a local law enforcement agency to establish appropriate access 
protocols
.
; and
(c)
physically mark all hallways and doorways consistent with the incident response 
method or system the state security chief creates pursuant to Section 
53-22-102(3)
.
(4)
This section is not subject to the restrictions in Section 
41-6a-2003
.
Section 19, Section 
53G-9-207
 is amended to read:
53G-9-207 (Effective 07/01/25). Child sexual abuse prevention.
(1)
As used in this section:
(a)
(i)
"Age-appropriate instructional material" means materials that provide 
instruction on:
(A)
the responsibility of adults for the safety of children;
(B)
how to recognize uncomfortable inner feelings;
(C)
how to say no and leave an uncomfortable situation;
(D)
how to set clear boundaries; and
(E)
the importance of discussing uncomfortable situations with parents and other 
trusted adults.
(ii)
"Age-appropriate instructional material" does not include materials that:
(A)
invites a student to share personal experiences about abuse during instruction;
(B)
gives instruction regarding consent as described in Section 
76-5-406
; or
(C)
includes sexually explicit language or depictions.
(b)
"Alternative provider" means a provider other than the provider selected by the state 
board under Subsection (8) that provides the training and instruction described in 
Subsection (4) with instructional materials approved under Subsection (2).
(c)
"School personnel" means the same as that term is defined in Section 
53G-9-203
.
(2)
The state board shall approve, in partnership with the Department of Health and Human 
Services, age-appropriate instructional materials for the training and instruction 
described in Subsections (3)(a) and (4).
(3)
(a)
An LEA shall provide
, once every three years,
 annual
 training and instruction 
on child sexual abuse and human trafficking prevention and awareness to:
(i)
school personnel in elementary and secondary schools on:
(A)
responding to a disclosure of child sexual abuse in a supportive, appropriate 
manner;
(B)
identifying children who are victims or may be at risk of becoming victims of 
human trafficking or commercial sexual exploitation; and
(C)
the mandatory reporting requirements described in Sections 
53E-6-701
 and 
80-2-602
; and
(ii)
parents of elementary school students on:
(A)
recognizing warning signs of a child who is being sexually abused or who is a 
victim or may be at risk of becoming a victim of human trafficking or 
commercial sexual exploitation; and
(B)
effective, age-appropriate methods for discussing the topic of child sexual 
abuse with a child.
(b)
An LEA:
(i)
shall use the instructional materials approved by the state board under Subsection 
(2) to provide the training and instruction under Subsections (3)(a) and (4); or
(ii)
may use instructional materials the LEA creates to provide the instruction and 
training described in Subsections (3)(a) and (4), if the LEA's instructional 
materials are approved by the state board under Subsection (2).
(4)
(a)
In accordance with Subsections (4)(b) and (5), an LEA may provide instruction 
on child sexual abuse and human trafficking prevention and awareness to elementary 
school students using age-appropriate curriculum.
(b)
An LEA that provides the instruction described in Subsection (4)(a) shall use the 
instructional materials approved by the state board under Subsection (2) to provide 
the instruction.
(5)
(a)
An elementary school student may not be given the instruction described in 
Subsection (4) unless the parent of the student is:
(i)
notified in advance of the:
(A)
instruction and the content of the instruction; and
(B)
parent's right to have the student excused from the instruction;
(ii)
given an opportunity to review the instructional materials before the instruction 
occurs; and
(iii)
allowed to be present when the instruction is delivered.
(b)
Upon the written request of the parent of an elementary school student, the student 
shall be excused from the instruction described in Subsection (4).
(c)
Participation of a student requires compliance with Sections 
53E-9-202
 and 
53E-9-203
.
(6)
An LEA may determine the mode of delivery for the training and instruction described 
in Subsections (3) and (4).
(7)
Upon request of the state board, an LEA shall provide evidence of compliance with this 
section.
(8)
The state board shall select a provider to provide the training and instruction described 
in Subsection (4), including requiring the provider selected to:
(a)
engage in outreach efforts to support more schools to participate in the training and 
instruction;
(b)
provide materials for the instruction involving students in accordance with 
Subsection (4);
(c)
provide an outline of how many LEAs, schools, and students the provider could 
service; and
(d)
submit a report to the state board that includes:
(i)
information on the LEAs the provider engaged with in the outreach efforts, 
including:
(A)
how many schools within an LEA increased instructional offerings for 
training and instruction; and
(B)
the reasons why an LEA chose to participate or not in the offered training or 
instruction;
(ii)
the number of schools and students that received the training and instruction;
(iii)
budgetary information regarding how the provider utilized any funds the state 
board allocated; and
(iv)
additional information the state board requests.
(9)
Subject to legislative appropriation, there is created a grant program to support an LEA 
that chooses to use an alternative provider other than the provider selected by the state 
board under Subsection (8) to provide the training and instruction described in 
Subsection (4).
(10)
The state board shall:
(a)
establish a process to select alternative providers for an LEA to use, including:
(i)
an application process for a provider to become an alternative provider;
(ii)
required criteria for a provider to become an alternative provider; and
(iii)
relevant timelines;
(b)
create a process for an LEA to receive a grant award described in Subsection (9), 
including:
(i)
an application process;
(ii)
relevant timelines; and
(iii)
a scoring rubric and corresponding formula for determining a grant amount; and
(c)
make grant awards on a first come first served basis until the state board distributes 
all appropriated funds.
(11)
An LEA that receives a grant award described in Subsection (10)(b) shall:
(a)
use the grant award to cover the costs needed for implementation of the training or 
instruction described in Subsection (4); and
(b)
upon request of the state board, provide an itemized list of the uses of the grant 
award.
Section 20, Section 
53G-9-703
 is amended to read:
53G-9-703 (Effective 07/01/25). Parent education -- Mental health -- Bullying -- 
Safety.
(1)
(a)
Except as provided in Subsection (3), a school district shall offer a seminar for 
parents of students who attend school in the school district that:
(i)
is offered at no cost to parents;
(ii)
(A)
if in person, 
begins at or after 6 p.m.;
 or
(B)
if in person, 
takes place on a Saturday;
 or
(C)
may be conducted at anytime online and recorded if the recording is made 
available on the school district's website.
(iii)
(A)
is held in at least one school located in the school district; or
(B)
is provided through a virtual platform; and
(iv)
covers the topics described in Subsection (2).
(b)
(i)
A school district shall annually offer one parent seminar for each 11,000 
students enrolled in the school district.
(ii)
Notwithstanding Subsection (1)(b)(i), a school district may not be required to 
offer more than three seminars.
(c)
A school district may:
(i)
develop the district school's own curriculum for the seminar described in 
Subsection (1)(a); or
(ii)
use the curriculum developed by the state board under Subsection (2).
(d)
A school district shall notify each charter school located in the attendance boundaries 
of the school district of the date and time of a parent seminar, so the charter school 
may inform parents of the seminar.
(2)
The state board shall:
(a)
develop a curriculum for the parent seminar described in Subsection (1) that includes 
information on:
(i)
substance abuse, including illegal drugs and prescription drugs and prevention;
(ii)
bullying;
(iii)
mental health, depression, suicide awareness, and suicide prevention, including 
education on limiting access to fatal means;
(iv)
Internet safety, including pornography addiction;
 and
(v)
the SafeUT Crisis Line established in Section 
53B-17-1202
; 
and
(vi)
resources related to the topics described in this Subsection 
(2)
; 
and
(b)
provide the curriculum, including resources and training, to school districts upon 
request.
(3)
(a)
A school district is not required to offer the parent seminar if the local school 
board determines that the topics described in Subsection (2) are not of significant 
interest or value to families in the school district.
(b)
If a local school board chooses not to offer the parent seminar, the local school board 
shall notify the state board and provide the reasons why the local school board chose 
not to offer the parent seminar.
Section 21, Section 
63G-6a-103
 is amended to read:
63G-6a-103 (Effective 07/01/25). Definitions.
As used in this chapter:
(1)
"Approved vendor" means a person who has been approved for inclusion on an 
approved vendor list through the approved vendor list process.
(2)
"Approved vendor list" means a list of approved vendors established under Section 
63G-6a-507
.
(3)
"Approved vendor list process" means the procurement process described in Section 
63G-6a-507
.
(4)
"Authorized school safety foundation" means a foundation authorized under Section 
53-22-108
.
(4)
(5)
"Bidder" means a person who submits a bid or price quote in response to an 
invitation for bids.
(5)
(6)
"Bidding process" means the procurement process described in Part 6, Bidding.
(6)
(7)
"Board" means the Utah State Procurement Policy Board, created in Section 
63G-6a-202
.
(7)
(8)
"Change directive" means a written order signed by the procurement officer that 
directs the contractor to suspend work or make changes, as authorized by contract, 
without the consent of the contractor.
(8)
(9)
"Change order" means a written alteration in specifications, delivery point, rate of 
delivery, period of performance, price, quantity, or other provisions of a contract, upon 
mutual agreement of the parties to the contract.
(9)
(10)
"Chief procurement officer" means the individual appointed under Section 
63A-2-102
.
(10)
(11)
"Conducting procurement unit" means a procurement unit that conducts all 
aspects of a procurement:
(a)
except:
(i)
reviewing a solicitation to verify that it is in proper form; and
(ii)
causing the publication of a notice of a solicitation; and
(b)
including:
(i)
preparing any solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores 
calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing 
procurement unit's approval; and
(vi)
contract administration.
(11)
(12)
"Conservation district" means the same as that term is defined in Section 
17D-3-102
.
(12)
(13)
"Construction project":
(a)
means a project for the construction, renovation, alteration, improvement, or repair of 
a public facility on real property, including all services, labor, supplies, and materials 
for the project; and
(b)
does not include services and supplies for the routine, day-to-day operation, repair, 
or maintenance of an existing public facility.
(13)
(14)
"Construction manager/general contractor":
(a)
means a contractor who enters into a contract:
(i)
for the management of a construction project; and
(ii)
that allows the contractor to subcontract for additional labor and materials that are 
not included in the contractor's cost proposal submitted at the time of the 
procurement of the contractor's services; and
(b)
does not include a contractor whose only subcontract work not included in the 
contractor's cost proposal submitted as part of the procurement of the contractor's 
services is to meet subcontracted portions of change orders approved within the 
scope of the project.
(14)
(15)
"Construction subcontractor":
(a)
means a person under contract with a contractor or another subcontractor to provide 
services or labor for the design or construction of a construction project;
(b)
includes a general contractor or specialty contractor licensed or exempt from 
licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
(c)
does not include a supplier who provides only materials, equipment, or supplies to a 
contractor or subcontractor for a construction project.
(15)
(16)
"Contract" means an agreement for a procurement.
(16)
(17)
"Contract administration" means all functions, duties, and responsibilities 
associated with managing, overseeing, and carrying out a contract between a 
procurement unit and a contractor, including:
(a)
implementing the contract;
(b)
ensuring compliance with the contract terms and conditions by the conducting 
procurement unit and the contractor;
(c)
executing change orders;
(d)
processing contract amendments;
(e)
resolving, to the extent practicable, contract disputes;
(f)
curing contract errors and deficiencies;
(g)
terminating a contract;
(h)
measuring or evaluating completed work and contractor performance;
(i)
computing payments under the contract; and
(j)
closing out a contract.
(17)
(18)
"Contractor" means a person who is awarded a contract with a procurement unit.
(18)
(19)
"Cooperative procurement" means procurement conducted by, or on behalf of:
(a)
more than one procurement unit; or
(b)
a procurement unit and a cooperative purchasing organization.
(19)
(20)
"Cooperative purchasing organization" means an organization, association, or 
alliance of purchasers established to combine purchasing power in order to obtain the 
best value for the purchasers by engaging in procurements in accordance with Section 
63G-6a-2105
.
(20)
(21)
"Cost-plus-a-percentage-of-cost contract" means a contract under which the 
contractor is paid a percentage of the total actual expenses or costs in addition to the 
contractor's actual expenses or costs.
(21)
(22)
"Cost-reimbursement contract" means a contract under which a contractor is 
reimbursed for costs which are allowed and allocated in accordance with the contract 
terms and the provisions of this chapter, and a fee, if any.
(22)
(23)
"Days" means calendar days, unless expressly provided otherwise.
(23)
(24)
"Definite quantity contract" means a fixed price contract that provides for a 
specified amount of supplies over a specified period, with deliveries scheduled 
according to a specified schedule.
(24)
(25)
"Design professional" means:
(a)
an individual licensed as an architect under Title 58, Chapter 3a, Architects 
Licensing Act;
(b)
an individual licensed as a professional engineer or professional land surveyor under 
Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors 
Licensing Act; 
(c)
an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing 
Act, to engage in the practice of landscape architecture, as defined in Section 
58-53-102
; or
(d)
an individual certified as a commercial interior designer under Title 58, Chapter 86, 
State Certification of Commercial Interior Designers Act.
(25)
(26)
"Design professional procurement process" means the procurement process 
described in Part 15, Design Professional Services.
(26)
(27)
"Design professional services" means:
(a)
professional services within the scope of the practice of architecture as defined in 
Section 
58-3a-102
;
(b)
professional engineering as defined in Section 
58-22-102
;
(c)
master planning and programming services; 
(d)
professional services within the scope of the practice of landscape architecture, as 
defined in Section 
58-53-102
; or
(e)
services within the scope of the practice of commercial interior design, as defined in 
Section 
58-86-102
.
(27)
(28)
"Design-build" means the procurement of design professional services and 
construction by the use of a single contract.
(28)
(29)
"Division" means the Division of Purchasing and General Services, created in 
Section 
63A-2-101
.
(29)
(30)
"Educational procurement unit" means:
(a)
a school district;
(b)
a public school, including a local school board or a charter school;
(c)
the Utah Schools for the Deaf and the Blind;
(d)
the Utah Education and Telehealth Network;
(e)
an institution of higher education of the state described in Section 
53B-1-102
; or
(f)
the State Board of Education.
(30)
(31)
"Established catalogue price" means the price included in a catalogue, price list, 
schedule, or other form that:
(a)
is regularly maintained by a manufacturer or contractor;
(b)
is published or otherwise available for inspection by customers; and
(c)
states prices at which sales are currently or were last made to a significant number of 
any category of buyers or buyers constituting the general buying public for the 
supplies or services involved.
(31)
(32)
(a)
"Executive branch procurement unit" means a department, division, office, 
bureau, agency, or other organization within the state executive branch.
(b)
"Executive branch procurement unit" does not include the Colorado River Authority 
of Utah as provided in Section 
63M-14-210
.
(32)
(33)
"Facilities division" means the Division of Facilities Construction and 
Management, created in Section 
63A-5b-301
.
(33)
(34)
"Fixed price contract" means a contract that provides a price, for each 
procurement item obtained under the contract, that is not subject to adjustment except to 
the extent that:
(a)
the contract provides, under circumstances specified in the contract, for an 
adjustment in price that is not based on cost to the contractor; or
(b)
an adjustment is required by law.
(34)
(35)
"Fixed price contract with price adjustment" means a fixed price contract that 
provides for an upward or downward revision of price, precisely described in the 
contract, that:
(a)
is based on the consumer price index or another commercially acceptable index, 
source, or formula; and
(b)
is not based on a percentage of the cost to the contractor.
(35)
(36)
"Grant" means an expenditure of public funds or other assistance, or an 
agreement to expend public funds or other assistance, for a public purpose authorized by 
law, without acquiring a procurement item in exchange.
(36)
(37)
"Human services procurement item" means a procurement item used to provide 
services or support to a child, youth, adult, or family.
(37)
(38)
"Immaterial error":
(a)
means an irregularity or abnormality that is:
(i)
a matter of form that does not affect substance; or
(ii)
an inconsequential variation from a requirement of a solicitation that has no, little, 
or a trivial effect on the procurement process and that is not prejudicial to other 
vendors; and
(b)
includes:
(i)
a missing signature, missing acknowledgment of an addendum, or missing copy of 
a professional license, bond, or insurance certificate;
(ii)
a typographical error;
(iii)
an error resulting from an inaccuracy or omission in the solicitation; and
(iv)
any other error that the procurement official reasonably considers to be 
immaterial.
(38)
(39)
"Indefinite quantity contract" means a fixed price contract that:
(a)
is for an indefinite amount of procurement items to be supplied as ordered by a 
procurement unit; and
(b)
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(39)
(40)
"Independent procurement unit" means:
(a)
(i)
a legislative procurement unit;
(ii)
a judicial branch procurement unit;
(iii)
an educational procurement unit;
(iv)
a local government procurement unit;
(v)
a conservation district;
(vi)
a local building authority;
(vii)
a special district;
(viii)
a public corporation;
(ix)
a special service district; or
(x)
the Utah Communications Authority, established in Section 
63H-7a-201
;
(b)
the facilities division, but only to the extent of the procurement authority provided 
under Title 63A, Chapter 5b, Administration of State Facilities;
(c)
the attorney general, but only to the extent of the procurement authority provided 
under Title 67, Chapter 5, Attorney General;
(d)
the Department of Transportation, but only to the extent of the procurement authority 
provided under Title 72, Transportation Code; 
(e)
the Department of Health and Human Services, but only for the procurement of a 
human services procurement item; or
(f)
any other executive branch department, division, office, or entity that has statutory 
procurement authority outside this chapter, but only to the extent of that statutory 
procurement authority.
(40)
(41)
(a)
"Interlocal entity" means a separate political subdivision created under 
Title 11, Chapter 13, Interlocal Cooperation Act.
(b)
"Interlocal entity" does not include a project entity.
(41)
(42)
"Invitation for bids":
(a)
means a document used to solicit:
(i)
bids to provide a procurement item to a procurement unit; or
(ii)
quotes for a price of a procurement item to be provided to a procurement unit; and
(b)
includes all documents attached to or incorporated by reference in a document 
described in Subsection 
(41)(a)
(42)(a)
.
(42)
(43)
"Issuing procurement unit" means a procurement unit that:
(a)
reviews a solicitation to verify that it is in proper form;
(b)
causes the notice of a solicitation to be published; and
(c)
negotiates and approves the terms and conditions of a contract.
(43)
(44)
"Judicial procurement unit" means:
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
the Judicial Council;
(d)
a state judicial district; or
(e)
an office, committee, subcommittee, or other organization within the state judicial 
branch.
(44)
(45)
"Labor hour contract" is a contract under which:
(a)
the supplies and materials are not provided by, or through, the contractor; and
(b)
the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit 
for a specified number of labor hours or days.
(45)
(46)
"Legislative procurement unit" means:
(a)
the Legislature;
(b)
the Senate;
(c)
the House of Representatives;
(d)
a staff office of the Legislature, the Senate, or the House of Representatives; or
(e)
a committee, subcommittee, commission, or other organization:
(i)
within the state legislative branch; or
(ii)
(A)
that is created by statute to advise or make recommendations to the 
Legislature;
(B)
the membership of which includes legislators; and
(C)
for which the Office of Legislative Research and General Counsel provides 
staff support.
(46)
(47)
"Local building authority" means the same as that term is defined in Section 
17D-2-102
.
(47)
(48)
"Local government procurement unit" means:
(a)
a county, municipality, interlocal entity, or project entity, and each office of the 
county, municipality, interlocal entity, or project entity, unless:
(i)
the county or municipality adopts a procurement code by ordinance; 
(ii)
the interlocal entity adopts procurement rules or policies as provided in 
Subsection 
11-13-226
(2); or
(iii)
the project entity adopts a procurement code through the process described in 
Section 
11-13-316
;
(b)
(i)
a county or municipality that has adopted this entire chapter by ordinance, and 
each office or agency of that county or municipality; and
(ii)
a project entity that has adopted this entire chapter through the process described 
in Subsection 
11-13-316
; or
(c)
a county, municipality, or project entity, and each office of the county, municipality, 
or project entity that has adopted a portion of this chapter to the extent that:
(i)
a term in the ordinance is used in the adopted chapter; or
(ii)
a term in the ordinance is used in the language a project entity adopts in its 
procurement code through the process described in Section 
11-13-316
.
(48)
(49)
"Multiple award contracts" means the award of a contract for an indefinite 
quantity of a procurement item to more than one person.
(49)
(50)
"Multiyear contract" means a contract that extends beyond a one-year period, 
including a contract that permits renewal of the contract, without competition, beyond 
the first year of the contract.
(50)
(51)
"Municipality" means a city or town.
(51)
(52)
"Nonadopting local government procurement unit" means:
(a)
a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement 
Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19, 
General Provisions Related to Protest or Appeal; and
(b)
each office or agency of a county or municipality described in Subsection 
(51)(a)
(52)(a)
.
(52)
(53)
"Offeror" means a person who submits a proposal in response to a request for 
proposals.
(53)
(54)
"Preferred bidder" means a bidder that is entitled to receive a reciprocal 
preference under the requirements of this chapter.
(54)
(55)
"Procure" means to acquire a procurement item through a procurement.
(55)
(56)
"Procurement" means the acquisition of a procurement item through an 
expenditure of public funds, or an agreement to expend public funds, including an 
acquisition through a public-private partnership.
(56)
(57)
"Procurement item" means an item of personal property, a technology, a service, 
or a construction project.
(57)
(58)
"Procurement official" means:
(a)
for a procurement unit other than an independent procurement unit, the chief 
procurement officer;
(b)
for a legislative procurement unit, the individual, individuals, or body designated in a 
policy adopted by the Legislative Management Committee;
(c)
for a judicial procurement unit, the Judicial Council or an individual or body 
designated by the Judicial Council by rule;
(d)
for a local government procurement unit:
(i)
the legislative body of the local government procurement unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a special district, the board of trustees of the special district or the board of 
trustees' designee;
(f)
for a special service district, the governing body of the special service district or the 
governing body's designee;
(g)
for a local building authority, the board of directors of the local building authority or 
the board of directors' designee;
(h)
for a conservation district, the board of supervisors of the conservation district or the 
board of supervisors' designee;
(i)
for a public corporation, the board of directors of the public corporation or the board 
of directors' designee;
(j)
for a school district or any school or entity within a school district, the board of the 
school district or the board's designee;
(k)
for a charter school, the individual or body with executive authority over the charter 
school or the designee of the individual or body;
(l)
for an institution of higher education described in Section 
53B-2-101
, the president of 
the institution of higher education or the president's designee;
(m)
for the State Board of Education, the State Board of Education or the State Board of 
Education's designee;
(n)
for the Utah Board of Higher Education, the Commissioner of Higher Education or 
the designee of the Commissioner of Higher Education;
(o)
for the Utah Communications Authority, established in Section 
63H-7a-201
, the 
executive director of the Utah Communications Authority or the executive director's 
designee; or
(p)
(i)
for the facilities division, and only to the extent of procurement activities of 
the facilities division as an independent procurement unit under the procurement 
authority provided under Title 63A, Chapter 5b, Administration of State Facilities, 
the director of the facilities division or the director's designee;
(ii)
for the attorney general, and only to the extent of procurement activities of the 
attorney general as an independent procurement unit under the procurement 
authority provided under Title 67, Chapter 5, Attorney General, the attorney 
general or the attorney general's designee;
(iii)
for the Department of Transportation created in Section 
72-1-201
, and only to 
the extent of procurement activities of the Department of Transportation as an 
independent procurement unit under the procurement authority provided under 
Title 72, Transportation Code, the executive director of the Department of 
Transportation or the executive director's designee; 
(iv)
for the Department of Health and Human Services, and only to the extent of the 
procurement activities of the Department of Health and Human Services as an 
independent procurement unit, the executive director of the Department of Health 
and Human Services or the executive director's designee; or
(v)
for any other executive branch department, division, office, or entity that has 
statutory procurement authority outside this chapter, and only to the extent of the 
procurement activities of the department, division, office, or entity as an 
independent procurement unit under the procurement authority provided outside 
this chapter for the department, division, office, or entity, the chief executive 
officer of the department, division, office, or entity or the chief executive officer's 
designee.
(58)
(59)
"Procurement unit"means:
(a)
a legislative procurement unit;
(b)
an executive branch procurement unit;
(c)
a judicial procurement unit;
(d)
an educational procurement unit;
(e)
the Utah Communications Authority, established in Section 
63H-7a-201
;
(f)
a local government procurement unit;
(g)
a special district;
(h)
a special service district;
(i)
a local building authority;
(j)
a conservation district; or
(k)
a public corporation.
(59)
(60)
"Professional service" means labor, effort, or work that requires specialized 
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
(a)
accounting;
(b)
administrative law judge service;
(c)
architecture;
(d)
construction design and management;
(e)
engineering;
(f)
financial services;
(g)
information technology;
(h)
the law;
(i)
medicine;
(j)
psychiatry; or
(k)
underwriting.
(60)
(61)
"Project entity" means the same as that term is defined in Section 
11-13-103
.
(61)
(62)
"Protest officer" means:
(a)
for the division or an independent procurement unit:
(i)
the procurement official;
(ii)
the procurement official's designee who is an employee of the procurement unit; 
or
(iii)
a person designated by rule made by the rulemaking authority; or
(b)
for a procurement unit other than an independent procurement unit, the chief 
procurement officer or the chief procurement officer's designee who is an employee 
of the division .
(62)
(63)
"Public corporation" means the same as that term is defined in Section 
63E-1-102
.
(63)
(64)
"Public entity" means the state or any other government entity within the state 
that expends public funds.
(64)
(65)
"Public facility" means a building, structure, infrastructure, improvement, or 
other facility of a public entity.
(65)
(66)
"Public funds" means money, regardless of its source, including from the federal 
government, that is owned or held by a procurement unit.
(66)
(67)
"Public transit district" means a public transit district organized under Title 17B, 
Chapter 2a, Part 8, Public Transit District Act.
(67)
(68)
"Public-private partnership" means an arrangement or agreement, occurring on 
or after January 1, 2017, between a procurement unit and one or more contractors to 
provide for a public need through the development or operation of a project in which the 
contractor or contractors share with the procurement unit the responsibility or risk of 
developing, owning, maintaining, financing, or operating the project.
(68)
(69)
"Qualified vendor" means a vendor who:
(a)
is responsible; and
(b)
submits a responsive statement of qualifications under Section 
63G-6a-410
 that 
meets the minimum mandatory requirements, evaluation criteria, and any applicable 
score thresholds set forth in the request for statement of qualifications.
(69)
(70)
"Real property" means land and any building, fixture, improvement, 
appurtenance, structure, or other development that is permanently affixed to land.
(70)
(71)
"Request for information" means a nonbinding process through which a 
procurement unit requests information relating to a procurement item.
(71)
(72)
"Request for proposals" means a document used to solicit proposals to provide a 
procurement item to a procurement unit, including all other documents that are attached 
to that document or incorporated in that document by reference.
(72)
(73)
"Request for proposals process" means the procurement process described in Part 
7, Request for Proposals.
(73)
(74)
"Request for statement of qualifications" means a document used to solicit 
information about the qualifications of a person interested in responding to a potential 
procurement, including all other documents attached to that document or incorporated in 
that document by reference.
(74)
(75)
"Requirements contract" means a contract:
(a)
under which a contractor agrees to provide a procurement unit's entire requirements 
for certain procurement items at prices specified in the contract during the contract 
period; and
(b)
that:
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(75)
(76)
"Responsible" means being capable, in all respects, of:
(a)
meeting all the requirements of a solicitation; and
(b)
fully performing all the requirements of the contract resulting from the solicitation, 
including being financially solvent with sufficient financial resources to perform the 
contract.
(76)
(77)
"Responsive" means conforming in all material respects to the requirements of a 
solicitation.
(77)
(78)
"Rule" includes a policy or regulation adopted by the rulemaking authority, if 
adopting a policy or regulation is the method the rulemaking authority uses to adopt 
provisions that govern the applicable procurement unit.
(78)
(79)
"Rulemaking authority" means:
(a)
for a legislative procurement unit, the Legislative Management Committee;
(b)
for a judicial procurement unit, the Judicial Council;
(c)
(i)
only to the extent of the procurement authority expressly granted to the 
procurement unit by statute:
(A)
for the facilities division, the facilities division;
(B)
for the Office of the Attorney General, the attorney general;
(C)
for the Department of Transportation created in Section 
72-1-201
, the 
executive director of the Department of Transportation; 
(D)
for the Department of Health and Human Services, the executive director of 
the Department of Health and Human Services; and
(E)
for any other executive branch department, division, office, or entity that has 
statutory procurement authority outside this chapter, the governing authority of 
the department, division, office, or entity; and
(ii)
for each other executive branch procurement unit, the board;
(d)
for a local government procurement unit:
(i)
the governing body of the local government unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a school district or a public school, the board, except to the extent of a school 
district's own nonadministrative rules that do not conflict with the provisions of this 
chapter;
(f)
for a state institution of higher education, the Utah Board of Higher Education;
(g)
for the State Board of Education or the Utah Schools for the Deaf and the Blind, the 
State Board of Education;
(h)
for a public transit district, the chief executive of the public transit district;
(i)
for a special district other than a public transit district or for a special service district, 
the board, except to the extent that the board of trustees of the special district or the 
governing body of the special service district makes its own rules:
(i)
with respect to a subject addressed by board rules; or
(ii)
that are in addition to board rules;
(j)
for the Utah Educational Savings Plan, created in Section 
53B-8a-103
, the Utah 
Board of Higher Education;
(k)
for the School and Institutional Trust Lands Administration, created in Section 
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l)
for the School and Institutional Trust Fund Office, created in Section 
53D-1-201
, the 
School and Institutional Trust Fund Board of Trustees;
(m)
for the Utah Communications Authority, established in Section 
63H-7a-201
, the 
Utah Communications Authority board, created in Section 
63H-7a-203
; or
(n)
for any other procurement unit, the board.
(79)
(80)
"Service":
(a)
means labor, effort, or work to produce a result that is beneficial to a procurement 
unit;
(b)
includes a professional service; and
(c)
does not include labor, effort, or work provided under an employment agreement or a 
collective bargaining agreement.
(80)
(81)
"Small purchase process" means the procurement process described in Section 
63G-6a-506
.
(81)
(82)
"Sole source contract" means a contract resulting from a sole source procurement.
(82)
(83)
"Sole source procurement" means a procurement without competition pursuant to 
a determination under Subsection 
63G-6a-802
(1)(a) that there is only one source for the 
procurement item.
(83)
(84)
"Solicitation" means an invitation for bids, request for proposals, or request for 
statement of qualifications.
(84)
(85)
"Solicitation response" means:
(a)
a bid submitted in response to an invitation for bids;
(b)
a proposal submitted in response to a request for proposals; or
(c)
a statement of qualifications submitted in response to a request for statement of 
qualifications.
(85)
(86)
"Special district" means the same as that term is defined in Section 
17B-1-102
.
(86)
(87)
"Special service district" means the same as that term is defined in Section 
17D-1-102
.
(87)
(88)
"Specification" means any description of the physical or functional 
characteristics or of the nature of a procurement item included in an invitation for bids 
or a request for proposals, or otherwise specified or agreed to by a procurement unit, 
including a description of:
(a)
a requirement for inspecting or testing a procurement item; or
(b)
preparing a procurement item for delivery.
(88)
(89)
"Standard procurement process" means:
(a)
the bidding process;
(b)
the request for proposals process;
(c)
the approved vendor list process;
(d)
the small purchase process; or
(e)
the design professional procurement process.
(89)
(90)
"State cooperative contract" means a contract awarded by the division for and in 
behalf of all public entities.
(90)
(91)
"Statement of qualifications" means a written statement submitted to a 
procurement unit in response to a request for statement of qualifications.
(91)
(92)
"Subcontractor":
(a)
means a person under contract to perform part of a contractual obligation under the 
control of the contractor, whether the person's contract is with the contractor directly 
or with another person who is under contract to perform part of a contractual 
obligation under the control of the contractor; and
(b)
includes a supplier, distributor, or other vendor that furnishes supplies or services to 
a contractor.
(92)
(93)
"Technology" means the same as "information technology," as defined in Section 
63A-16-102
.
(93)
(94)
"Tie bid" means that the lowest responsive bids of responsible bidders are 
identical in price.
(94)
(95)
"Time and materials contract" means a contract under which the contractor is 
paid:
(a)
the actual cost of direct labor at specified hourly rates;
(b)
the actual cost of materials and equipment usage; and
(c)
an additional amount, expressly described in the contract, to cover overhead and 
profit, that is not based on a percentage of the cost to the contractor.
(95)
(96)
"Transitional costs":
(a)
means the costs of changing:
(i)
from an existing provider of a procurement item to another provider of that 
procurement item; or
(ii)
from an existing type of procurement item to another type;
(b)
includes:
(i)
training costs;
(ii)
conversion costs;
(iii)
compatibility costs;
(iv)
costs associated with system downtime;
(v)
disruption of service costs;
(vi)
staff time necessary to implement the change;
(vii)
installation costs; and
(viii)
ancillary software, hardware, equipment, or construction costs; and
(c)
does not include:
(i)
the costs of preparing for or engaging in a procurement process; or
(ii)
contract negotiation or drafting costs.
(96)
(97)
"Vendor":
(a)
means a person who is seeking to enter into a contract with a procurement unit to 
provide a procurement item; and
(b)
includes:
(i)
a bidder;
(ii)
an offeror;
(iii)
an approved vendor;
(iv)
a design professional; and
(v)
a person who submits an unsolicited proposal under Section 
63G-6a-712
.
Section 22, Section 
63G-6a-2105
 is amended to read:
63G-6a-2105 (Effective 07/01/25). Cooperative procurements -- Contracts with 
federal government -- Regional solicitations.
(1)
The chief procurement officer may, in accordance with the requirements of this chapter, 
enter into a cooperative procurement, and a contract that is awarded as a result of a 
cooperative procurement, with:
(a)
another state;
(b)
a cooperative purchasing organization; or
(c)
a public entity inside or outside the state.
(2)
(a)
A public entity, nonprofit organization, or, as permitted under federal law, an 
agency of the federal government, may obtain a procurement item from a state 
cooperative contract or a contract awarded by the chief procurement officer under 
Subsection 
(1)
, without signing a participating addendum if the solicitation issued by 
the chief procurement officer to obtain the contract includes a statement indicating 
that the resulting contract will be issued for the benefit of public entities and, as 
applicable, nonprofit organizations and agencies of the federal government.
(b)
An authorized school safety foundation under Section 
53-22-108
 may participate in, 
sponsor, conduct, or administer a cooperative procurement for school safety products.
(3)
Except as provided in Section 
63G-6a-506
, or as otherwise provided in this chapter, an 
executive branch procurement unit may not obtain a procurement item from a source 
other than a state cooperative contract or a contract awarded by the chief procurement 
officer under Subsection 
(1)
, if the procurement item is available under a state 
cooperative contract or a contract awarded by the chief procurement officer under 
Subsection 
(1)
.
(4)
A Utah procurement unit may:
(a)
contract with the federal government without going through a standard procurement 
process or an exception to a standard procurement process, described in 
Part 8, 
Exceptions to Procurement Requirements
, if the procurement item obtained under the 
contract is provided:
(i)
directly by the federal government and not by a person contracting with the 
federal government; or
(ii)
by a person under contract with the federal government that obtained the contract 
in a manner that substantially complies with the provisions of this chapter;
(b)
participate in, sponsor, conduct, or administer a cooperative procurement with 
another Utah procurement unit or another public entity in Utah, if:
(i)
each party unit involved in the cooperative procurement enters into an agreement 
describing the rights and duties of each party;
(ii)
the procurement is conducted, and the contract awarded, in accordance with the 
requirements of this chapter;
(iii)
the solicitation:
(A)
clearly indicates that the procurement is a cooperative procurement; and
(B)
identifies each party that may purchase under the resulting contract; and
(iv)
each party involved in the cooperative procurement signs a participating 
addendum describing its rights and obligations in relation to the resulting contract; 
or
(c)
purchase under, or otherwise participate in, an agreement or contract of a cooperative 
purchasing organization, if:
(i)
each party involved in the cooperative procurement enters into an agreement 
describing the rights and duties of each party;
(ii)
the procurement was conducted in accordance with the requirements of this 
chapter;
(iii)
the solicitation:
(A)
clearly indicates that the procurement is a cooperative procurement; and
(B)
identifies each party that may purchase under the resulting contract; and
(iv)
each party involved in the cooperative procurement signs a participating 
addendum describing its rights and obligations in relation to the resulting contract.
(5)
A procurement unit may not obtain a procurement item under a contract that results 
from a cooperative procurement described in Subsection 
(4)
, unless the procurement 
unit:
(a)
is identified under Subsection 
(4)(b)(iii)(B)
 or 
(4)(c)(iii)(B)
; and
(b)
signs a participating addendum to the contract as required by this section.
(6)
A procurement unit, other than a legislative procurement unit or a judicial procurement 
unit, may not obtain a procurement item under a contract held by the United States 
General Services Administration, unless, based upon documentation provided by the 
procurement unit, the Director of the State Division of Purchasing and General Services 
determines in writing that the United States General Services Administration procured 
the contract in a manner that substantially complies with the provisions of this chapter.
(7)
(a)
As used in this Subsection 
(7)
, "regional solicitation" means a solicitation issued 
by the chief procurement officer for the procurement of a procurement item within a 
specified geographical region of the state.
(b)
In addition to any other duty or authority under this section, the chief procurement 
officer shall:
(i)
after considering board recommendations, develop a plan for issuing regional 
solicitations; and
(ii)
after developing a plan, issue regional solicitations for procurement items in 
accordance with the plan and this chapter.
(c)
A plan under Subsection 
(7)(b)
 shall:
(i)
define the proposed regional boundaries for regional solicitations;
(ii)
specify the types of procurement items for which a regional solicitation may be 
issued; and
(iii)
identify the regional solicitations that the chief procurement officer plans to issue.
(d)
A regional solicitation shall require that a person responding to the solicitation offer 
similar warranties and submit to similar obligations as are standard under other state 
cooperative contracts.
(e)
Except as authorized by the chief procurement officer, a procurement item that is 
available under a state cooperative contract may not be provided under a contract 
pursuant to a regional solicitation until after the expiration of the state cooperative 
contract.
Section 23, Section 
76-5-417
 is enacted to read:
76-5-417 (Effective 07/01/25). Sexual relations with an adult high school student.
(1)
As used in this section:
(a)
"Actor" means an individual who is 21 years old or older.
(b)
"Adult high school student" means an individual who is 18 to 21 years old and 
enrolled at a high school.
(c)
"High school" means a district, charter, or private school that is comprised of grade 
9, 10, 11, or 12.
(d)
"Position of special trust" means the following positions in a high school:
(i)
a teacher;
(ii)
an administrator;
(iii)
a coach;
(iv)
a counselor; or
(v)
an individual other than an individual listed in this Subsections (1)(d) who 
occupies a position of authority that enables the individual to exercise undue 
influence over an adult high school student.
(e)
"Sexual intercourse" means any penetration, however slight, of:
(i)
the genitals or anus of an individual by another individual using any body part, 
object, or substance; or
(ii)
the mouth of an individual by another individual's genitals.
(f)
Terms defined in Section 
76-1-101.5
 apply to this section.
(2)
An actor commits sexual relations with an adult high school student if the actor:
(a)
(i)
has sexual intercourse with an adult high school student; or
(ii)
with the intent to cause substantial emotional or bodily pain to any individual or 
with the intent to arouse or gratify the sexual desire of any individual:
(A)
touches the anus, buttocks, pubic area, or any part of the genitals of an adult 
high school student;
(B)
touches the breast of a female adult high school student; or
(C)
otherwise takes indecent liberties with an adult high school student;
(b)
occupies a position of special trust in relation to the adult high school student 
described in Subsection (2)(a); and
(c)
knows or should have known that the individual with which the actor committed the 
acts described in Subsection (2)(a) was an adult high school student.
(3)
A violation of Subsection (2) is a third degree felony.
(4)
Any touching, even if accomplished through clothing, is sufficient to constitute the 
relevant element of a violation of Subsection (2)(a)(ii).
(5)
Consent of an adult high school student to an act described in Subsection (2) is not a 
defense to prosecution under this section.
Section 24, 
Repealer.
State board procurement for school security software.
Section 25. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
12-19-24 4:15 PM