SB 327 — Occupational Licensing Amendments

(Green) S.B.

327 (i) for the management of a construction project;

(15)(a)(15) (a) "Construction subcontractor"[:] 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.

- 8 - SB0327 compared with SB0327S01 (g) terminating a contract;

-(18) 7"Contractor" -means 1sta Sub.person who is awarded a contract with a procurement unit.

(Green) S.B.

327 03-05 12:02 (18) "Contractor" means a person who is awarded a contract with a procurement unit.

- 9 - SB0327 compared with SB0327S01 (a) professional services within the scope of the practice of architecture as defined in Section 58-3a-102;

-(c) 8master -planning 03-05and 12:02programming 1stservices; Sub.

(Green) S.B.

327 (c) master planning and programming services;

(32)(a)(32) (a) "Executive branch procurement unit" means a department, division, office, bureau, agency, or other organization within the state executive branch.

- 10 - SB0327 compared with SB0327S01 (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:

or -(b) 9an -adjustment 1stis Sub.required by law.

(Green) S.B.

327 03-05 12:02 (b) an adjustment is required by law.

(38)(a)(38) (a) "Immaterial error"[:] means an irregularity or abnormality that is:

- 11 - SB0327 compared with SB0327S01 (a) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit;

and (b)(i)(b) (i) does not require a minimum purchase amount;

-(a) 10(i) -a 03-05legislative 12:02procurement 1stunit; Sub.

(Green) S.B.

327 (a)(i) a legislative procurement unit;

(41)(a)(41) (a) "Interlocal entity" means a separate political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act.

(42)(a)- 12 - SB0327 compared with SB0327S01 (42) (a) "Invitation for bids"[:] means a document used to solicit:

-(a) 11reviews -a 1stsolicitation Sub.to verify that [it] the solicitation is in proper form;

(Green) S.B.

327 03-05 12:02 (a) reviews a solicitation to verify that [it] the solicitation is in proper form;

or (ii)(A)(ii) - 13 - SB0327 compared with SB0327S01 (A) that is created by statute to advise or make recommendations to the Legislature;

or (iii) the project entity adopts a procurement code through the process described in -Section 1211-13-316; - 03-05 12:02 1st Sub.

(Green)(b) S.B.(i) a county or municipality that has adopted this entire chapter by ordinance, and each office or agency of that county or municipality;

327 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;

- 14 - SB0327 compared with SB0327S01 (54) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference under the requirements of this chapter.

-(b) 13for -a 1stlegislative Sub.procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;

(Green) S.B.

327 03-05 12:02 (b) for a legislative procurement unit, the individual, individuals, or body designated in a policy adopted by the Legislative Management Committee;

- 15 - SB0327 compared with SB0327S01 (l) for an institution of higher education described in Section 53H-1-102, the president of the institution of higher education or the president's designee;

or (p)(i)(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) 14for -the 03-05attorney 12:02general, 1stand Sub.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;

(Green) S.B.

327 (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;

- 16 - SB0327 compared with SB0327S01 (b) an executive branch procurement unit;

-(a) 15accounting; - 1st Sub.

(Green) S.B.

327 03-05 12:02 (a) accounting;

- 17 - SB0327 compared with SB0327S01 (63) "Public corporation" means the same as that term is defined in Section 63E-1-102.

(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, 16maintaining, -financing, 03-05or 12:02operating 1stthe Sub.project.

(Green) S.B.

327 owning, maintaining, financing, or operating the project.

- 18 - SB0327 compared with SB0327S01 (75) "Requirements contract" means a contract:

(78) "Rule" [includes ] means a policy or regulation adopted by the rulemaking authority, if -adopting 17a -policy 1stor Sub.regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit.

(Green) S.B.

327 03-05 12:02 adopting a policy or regulation is the method the rulemaking authority uses to adopt provisions that govern the applicable procurement unit.

(c)(i)(c) (i) only to the extent of the procurement authority expressly granted to the procurement unit by statute:

or - 19 - SB0327 compared with SB0327S01 (ii) an individual or body designated by the local government procurement unit;

(j) for the Utah Educational Savings Plan, created in Section 53H-10-202, the Utah -Board 18of -Higher 03-05Education; 12:02 1st Sub.

(Green) S.B.

327 Board of Higher Education;

(80)(a)(80) (a) "Service"[:] means labor, effort, or work to produce a result that is beneficial to a procurement unit.

- 20 - SB0327 compared with SB0327S01 (83) "Sole source procurement" means a procurement without competition [pursuant to] in accordance with a determination under Subsection 63G-6a-802(1)(a) that there is only one source for the procurement item.

-(a) 19a -requirement 1stfor Sub.inspecting or testing a procurement item;

(Green) S.B.

327 03-05 12:02 (a) a requirement for inspecting or testing a procurement item;

(92)(a)(92) (a) "Subcontractor"[:] 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.

- 21 - SB0327 compared with SB0327S01 [(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;

(96)(a)(96) (a) "Transitional costs" means the costs of changing:

or -(ii) 20from -an 03-05existing 12:02type 1stof Sub.procurement item to another type.

(Green) S.B.

327 (ii) from an existing type of procurement item to another type.

or - 22 - SB0327 compared with SB0327S01 (ii) contract negotiation or drafting costs.

or] [(ii) contract negotiation or drafting costs.] (97)(a)(97) (a) "Vendor"[:] means a person who is seeking to enter into a contract with a procurement unit to provide a procurement item.

This Bill Repeals:

-Section 2158-64-301, -Licensure 1strequired Sub.-- License classifications.

(Green) S.B.

327 03-05 12:02 Section 58-64-301, Licensure required -- License classifications.

Section 58-74-101, Title.

Section 58-74-301, State certification required.

Section 58-74-102, Definitions.

Section 58-74-302, Qualifications for state certification.

Section 58-74-401, Grounds for denial of state certification -- Disciplinary proceedings.

- 23 - SB0327 compared with SB0327S01 Section 58-74-303, Term of state certification -- Expiration -- Renewal.

Section 58-74-501, Unlawful conduct.

Section 58-74-502, Unprofessional conduct.

Section{Section 4.3.

Section 77-22-2 is amended to read:

} 77-22-2.

Investigations -- Right to subpoena witnesses and require production of evidence -- Contents of subpoena -- Rights of witnesses -- Interrogation before closed court -- Disclosure of information.

- 24 - SB0327 compared with SB0327S01 (1) As used in this section, "prosecutor" means the same as that term is defined in Section 77-22-4.5.

(2) (a) In any matter involving the investigation of a crime or malfeasance in office, or any criminal conspiracy or activity, the prosecutor may, upon application and approval of the district court and for good cause shown, conduct a criminal investigation.

(b) The application and statement of good cause shall state whether another investigative order related to the investigation at issue has been filed in another court.

(3) (a) Subject to the conditions established in Subsection (3)(b), the prosecutor may:

(i) subpoena [witnesses] a witness;

(ii) [compel their attendance and testimony under oath to be recorded by a suitable electronic recording device or to be given before any certified court reporter] compel a witness to attend and testify under oath, with testimony recorded by a suitable electronic recording device or taken before a court reporter;

and (iii) require the production of books, papers, documents, recordings, and any other items that are evidence or may be relevant to the investigation.

(b) The prosecutor shall:

(i) apply to the district court for each subpoena;

and (ii) show that the requested information is reasonably related to the criminal investigation authorized by the court.

(4) (a) The prosecutor shall state in each subpoena:

(i) the time and place of the examination;

(ii) that the subpoena is issued in aid of a criminal investigation;

and (iii) the right of the person subpoenaed to have counsel present.

(b) [The examination may be conducted anywhere ] The prosecutor may conduct the examination anywhere within the jurisdiction of the prosecutor issuing the subpoena.

(c) The subpoena need not disclose the names of possible defendants.

(d) Witness fees and expenses shall be paid as in a civil action.

(5) - 25 - SB0327 compared with SB0327S01 (a) At the beginning of each compelled interrogation, the prosecutor shall personally inform each witness:

(i) of the general subject matter of the investigation;

(ii) of the privilege to, at any time during the proceeding, refuse to answer any question or produce any evidence of a communicative nature that may result in self-incrimination;

(iii) that any information provided may be used against the witness in a subsequent criminal proceeding;

and (iv) of the right to have counsel present.

(b) If the prosecutor has substantial evidence that the subpoenaed witness has committed a crime that is under investigation, the prosecutor shall:

(i) inform the witness in person before interrogation of that witness's target status;

and (ii) inform the witness of the nature of the charges under consideration against the witness.

(6) (a) (i) The prosecutor may make written application to any district court showing a reasonable likelihood that publicly releasing information about the identity of a witness or the substance of the evidence resulting from a subpoena or interrogation would pose a threat of harm to a person or otherwise impede the investigation.

(ii) Upon a finding of reasonable likelihood, the court may order the:

(A) interrogation of a witness be held in secret;

(B) occurrence of the interrogation and other subpoenaing of evidence, the identity of the person subpoenaed, and the substance of the evidence obtained be kept secret;

and (C) record of testimony and other subpoenaed evidence be kept secret unless the court for good cause otherwise orders.

(b) After application, the court may by order exclude from any investigative hearing or proceeding any [persons] person except:

(i) [the attorneys] an attorney representing the state [and members of their staffs] or the state's staff;

(ii) [persons] an individual who, in the judgment of the [attorneys] attorney representing the state[, are] or the state's staff, is reasonably necessary to assist in the investigative process;

(iii) the court reporter or operator of the electronic recording device;

and (iv) the attorney for the witness.

- 26 - SB0327 compared with SB0327S01 (c) This chapter does not prevent [attorneys] an attorney representing the state or [members of their staff] the state's staff from disclosing information obtained [pursuant to] in accordance with this chapter for the purpose of furthering any official governmental investigation.

(d) (i) If a secrecy order has been granted by the court regarding the interrogation or disclosure of evidence by a witness under this subsection, and if the court finds a further restriction on the witness is appropriate, the court may order the witness not to disclose the substance of the witness's testimony or evidence given by the witness to others.

(ii) Any order to not disclose made under this subsection shall be served with the subpoena.

(iii) In an appropriate circumstance the court may order that the witness not disclose the existence of the investigation to others.

(iv) Any order under this Subsection (6)(d) [must] shall be based upon a finding by the court that one or more of the following risks exist:

(A) disclosure by the witness would cause destruction of evidence;

(B) disclosure by the witness would taint the evidence provided by other witnesses;

(C) disclosure by the witness to a target of the investigation would result in flight or other conduct to avoid prosecution;

(D) disclosure by the witness would damage a person's reputation;

or (E) disclosure by the witness would cause a threat of harm to any person.

(e) (i) If the court imposes an order under Subsection (6)(d) authorizing an instruction to a witness not to disclose the substance of testimony or evidence provided and the prosecuting agency proves by a preponderance of the evidence that a witness has violated that order, the court may hold the witness in contempt.

(ii) An order of secrecy imposed on a witness under this Subsection (6)(e) may not infringe on the attorney-client relationship between the witness and the witness's attorney or [on ]another legally recognized privileged relationship.

(7) (a) (i) The prosecutor may submit to any district court a separate written request that the application, statement of good cause, and the court's order authorizing the investigation be kept secret.

- 27 - SB0327 compared with SB0327S01 (ii) The request for secrecy is a public record under Title 63G, Chapter 2, Government Records Access and Management Act, but need not contain any information that would compromise any of the interest listed in Subsection (7)(c).

(b) With the court's permission, the prosecutor may submit to the court, in camera, any additional information to support the request for secrecy if necessary to avoid compromising the interests listed in Subsection (7)(c).

(c) The court shall consider all information in the application and order authorizing the investigation and any information received in camera and shall order that all information be placed in the public file except information that, if disclosed, would pose:

(i) a substantial risk of harm to a person's safety;

(ii) a clearly unwarranted invasion of or harm to a person's reputation or privacy;

or (iii) a serious impediment to the investigation.

(d) Before granting an order keeping secret documents and other information received under this section, the court shall narrow the secrecy order as much as reasonably possible in order to preserve the openness of court records while protecting the interests listed in Subsection (7)(c).

{Section 4.

Section 78A-2-402 is amended to read:

} 78A-2-402.

Definitions.

As used in this part[:] , [(1) "Certified court reporter" means a state certified court reporter as described in Title 58, Chapter 74, State Certification of Court Reporters Act.] [(2)] "Official court transcriber" means a person certified and authorized in accordance with rules of the Judicial Council to transcribe into written form an audio or video recording of court proceedings.

{Section 5.

Section 78A-2-404 is amended to read:

} 78A-2-404.

Contract restrictions.

(1) (a) Any contract for court reporting services, not related to a particular case or reporting incident, is prohibited between a court reporter or any other person with whom a court reporter has a principal and agency relationship and any attorney, party to an action, or party having a financial interest in an action.

(b) Negotiating or bidding reasonable fees, equal to all the parties, on a case-by-case basis is not prohibited.

- 28 - SB0327 compared with SB0327S01 (2) A [certified ]court reporter is an officer of the court, authorized to administer oaths, [whose impartiality shall remain] who shall remain impartial beyond question.

(3) This section does not apply to the courts or the administrative tribunals of this state.

[(4) Violation of this section shall be considered unprofessional conduct as provided in Section 58-74-102 and 58-74-502, and shall be grounds for revocation of state certification only.] Section 4.

Effective date.

3-5-26 12:02 PM - 2229 -