Enrolled Copy S.B. 230
1 STATE PURCHASING AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd D. Weiler House Sponsor: Candice B. Pierucci
2
3 LONG TITLE
4 General Description:
5 This bill modifies procurement provisions relating to procurements for a presidential debate.
6 Highlighted Provisions:
7 This bill:
8 ▸ authorizes the procurement of items intended to be used to host a presidential debate to
9 be made without engaging in a standard procurement process;
10 ▸ provides that publication of a notice of a procurement for a presidential debate is not
11 required;
12 ▸ provides for a repeal of the provisions relating to the presidential debate procurement
13 and the exception to the requirement to publish notice; and
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 Utah Code Sections Affected:
20 AMENDS:
21 63G-6a-802, as last amended by Laws of Utah 2021, Chapter 406
22 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 63G-6a-802 is amended to read:
26 63G-6a-802 . Award of contract without engaging in a standard procurement
27 process -- Notice -- Duty to negotiate contract terms in best interest of procurement unit.
S.B. 230 Enrolled Copy
28 (1) A procurement unit may award a contract for a procurement item without engaging in a
29 standard procurement process if the procurement official determines in writing that:
30 (a) there is only one source for the procurement item;
31 (b) (i) transitional costs are a significant consideration in selecting a procurement
32 item; and
33 (ii) the results of a cost-benefit analysis demonstrate that transitional costs are
34 unreasonable or cost-prohibitive, and that the award of a contract without
35 engaging in a standard procurement process is in the best interest of the
36 procurement unit;
37 (c) the award of a contract is under circumstances, described in rules adopted by the
38 rulemaking authority, that make awarding the contract through a standard
39 procurement process impractical and not in the best interest of the procurement unit; [
40 or]
41 (d) the procurement item is intended to be used for, or in connection with the
42 establishment of, a state store, as defined in Section 32B-1-102[.] ; or
43 (e) the procurement item is intended to be used to host a debate of candidates for
44 president of the United States held at a state institution of higher education.
45 (2) Transitional costs associated with a trial use or testing of a procurement item under a
46 trial use contract awarded under Section 63G-6a-802.3 may not be included in a
47 consideration of transitional costs under Subsection (1)(b).
48 (3) (a) Subject to Subsection (3)(b), a rulemaking authority shall make rules regarding
49 the publication of notice for a procurement under this section that, at a minimum,
50 require publication of notice of the procurement, in accordance with Section
51 63G-6a-112, if the cost of the procurement exceeds $50,000.
52 (b) Publication of notice under Section 63G-6a-112 is not required for:
53 (i) the procurement of public utility services pursuant to a sole source contract; [or]
54 (ii) other procurements under this section for which an applicable rule provides that
55 notice is not required[.] ; or
56 (iii) a procurement under Subsection (1)(e).
57 (4) A procurement official who awards a contract under this section shall negotiate with the
58 contractor to ensure that the terms of the contract, including price and delivery, are in
59 the best interest of the procurement unit.
60 Section 2. Section 63I-2-263 is amended to read:
61 63I-2-263 . Repeal dates: Title 63A to Title 63N.
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Enrolled Copy S.B. 230
62 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
63 Procurement Advisory Council is repealed July 1, 2025.
64 [(2) Section 63A-17-303 is repealed July 1, 2023.]
65 [(3)] (2) Section 63A-17-806 is repealed June 30, 2026.
66 [(4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
67 Commission is repealed July 1, 2023.]
68 (3) Subsections 63G-6a-802(1)(e) and (3)(b)(iii) are repealed January 1, 2025.
69 [(5)] (4) Section 63H-7a-303 is repealed July 1, 2024.
70 [(6)] (5) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
71 communications network, is repealed July 1, 2033.
72 [(7)] (6) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
73 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
74 [(8)] (7) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same taxable
75 year as the targeted business income tax credit, is repealed December 31, 2024.
76 [(9)] (8) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an Enterprise
77 Zone, is repealed December 31, 2024.
78 Section 3. Effective date.
79 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
80 elected to each house, this bill takes effect upon approval by the governor, or the day
81 following the constitutional time limit of Utah Constitution, Article VII, Section 8,
82 without the governor's signature, or in the case of a veto, the date of veto override.
83 (2) If this bill is not approved by two-thirds of all the members elected to each house, this
84 bill takes effect May 1, 2024.
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Statutes affected: Introduced: 63I-2-263, 63A-17-303, 63A-17-806
Enrolled: 63I-2-263, 63A-17-303, 63A-17-806