SB 192 — Legislative Activities Amendments

192 Enrolled Copy committee;

(3)(3)(a) (a) The Legislative Management Committee shall:

- 6 - SB0192 compared with SB0192S01 (ii) [develop policies for] oversee branch-wide internal administrative matters for the Legislature, including providing for the establishment of policies governing:

(b)(b)(i)(A) (i) (A) An appointment under Subsection (3)(a)(i) is for a six-year term, subject to renewal by a majority vote of the Legislative Management Committee.

(ii) The Legislature by a majority vote of both chambers or the Legislative Management Committee by a two-thirds vote may remove an individual appointed under this Subsection (3) before the expiration of the individual's term for such causes- as6 inefficiency,- incompetency,Enrolled failureCopy toS.B. maintain skills or adequate performance levels, insubordination, misfeasance, malfeasance, or nonfeasance in office.

192 causes as inefficiency, incompetency, failure to maintain skills or adequate performance levels, insubordination, misfeasance, malfeasance, or nonfeasance in office.

(4)(4)(a) (a) The Legislature delegates to the Legislative Management Committee the authority, by means of a majority vote of the committee, to direct the legislative general counsel in matters involving the Legislature's participation in litigation.

- 7 - SB0192 compared with SB0192S01 (ii) the validity of legislation;

36-12-12.36-12-12 .

(2)- The7 powers,- functions,S.B. and duties of the Office of Legislative Research and General Counsel under the supervision of the director shall be:

192 Enrolled Copy (2) The powers, functions, and duties of the Office of Legislative Research and General Counsel under the supervision of the director shall be:

- 8 - SB0192 compared with SB0192S01 (c) to provide research and legal analysis services to any interim committee, legislative standing committee, or individual legislator on actual or proposed legislation or subjects of general legislative concern;

(d)(d)(i) (i) to exercise under the direction of the general counsel the constitutional authority provided in Utah Constitution, Article VI, Section 32, in serving as legal counsel to the Legislature, majority and minority leadership of the House of Representatives or Senate, any of the Legislature's committees or subcommittees, individual legislators, any of the Legislature's staff offices, or any of the legislative staff;

(f)- under8 the- directionEnrolled ofCopy theS.B. general counsel[:] , [(i) to review, examine, and correct any technical errors when:] [(A) preparing legislation that passed both houses to enroll the legislation and prepare the laws for publication;

192 (f) under the direction of the general counsel[:] , [(i) to review, examine, and correct any technical errors when:] [(A) preparing legislation that passed both houses to enroll the legislation and prepare the laws for publication;

(g)(g)(i) (i) to maintain, exercise control over, and [to ]act as the repository and custodian [of[ of the official copy and database of the current version ]of the Utah Constitution database, as defined in Section 36-12-12.2;

- 9 - SB0192 compared with SB0192S01 (ii) to [incorporate] keep the Utah Constitution database current, including incorporating into the Utah Constitution any amendments to the Utah Constitution that pass during a regular general election;

(i)(i)(i) (i) to maintain, exercise control over, and act as the repository and custodian of the [official[ official copy and database of the ]Utah Code database, as defined in Section 36-12-12.2, organized by title, chapter, part, and section;

(3)- (a)9 If,- underS.B. Utah Constitution, Article VI, Section 10, the House of Representatives or Senate determines that an individual is not qualified to serve in the House of Representatives or Senate, or expels an individual from the respective chamber, but the individual continues to hold his or her elected legislative office, the Office of Legislative Research and General Counsel may not provide legislative staff services, including legal services, to the individual.

192 Enrolled Copy (3)(a) If, under Utah Constitution, Article VI, Section 10, the House of Representatives or Senate determines that an individual is not qualified to serve in the House of Representatives or Senate, or expels an individual from the respective chamber, but the individual continues to hold his or her elected legislative office, the Office of Legislative Research and General Counsel may not provide legislative staff services, including legal services, to the individual.

- 10 - SB0192 compared with SB0192S01 [(4) The statutory authorization of the Office of Legislative Research and General Counsel to correct technical errors provided in Subsection (2)(f), to prepare the laws for publication in Subsection (2)(2)(h), (h), and to modify the electronic record to correct technical errors under Subsection (2)(i)(ii)(B) includes:] [(a) adopting a uniform system of punctuation, capitalization, numbering, and wording for enrolled legislation and the Laws of Utah;] [(b) eliminating duplication and the repeal of laws directly or by implication, including renumbering when necessary;] [(c) correcting defective or inconsistent title, chapter, part, section, and subsection structure in the arrangement of the subject matter of existing statutes;] [(d) eliminating obsolete and redundant words;] [(e) correcting:] [(i) obvious typographical and grammatical errors;

and] [(ii) other obvious inconsistencies, including those involving punctuation, capitalization, cross references, numbering, and wording;] [(f) inserting or changing the boldface to more accurately reflect the substance of each section, part, chapter, or title;] [(g) merging or determining priority of any amendments, enactments, or repealers to the same code provisions that are passed by the Legislature;] [(h) renumbering and rearranging of a title, chapter, part, section, or provisions of a section;] [(i) transferring sections or dividing sections to assign separate sections numbers to distinct subject matters;] [(j) modifying cross references to agree with renamed or renumbered titles, chapters, parts, or sections;] [(k) substituting the proper section or chapter number for the terms "this act," "this bill," or similar terms;] [(l) substituting the proper calendar date in the database and in the Laws of Utah;] [(m) modifying the highlighted provisions of legislation to correct an inconsistency between the highlighted provisions and the enacted provisions of the legislation;] [(n) correcting the names of agencies, departments, and similar units of government;] [(o) rearranging any misplaced statutory material, incorporating any omitted statutory material, and correcting other obvious errors of addition or omission;] - 1110 - SB0192Enrolled comparedCopy withS.B. SB0192S01 [(p) correcting or incorporating a special clause that was publicly available on the Legislature's website but is errantly omitted, modified, or retained during the legislative process due to obvious technological or human error, including:] [(i) a severability clause;] [(ii) an effective date clause;] [(iii) a retrospective operation clause;] [(iv) an uncodified repeal date clause;] [(v) a revisor instruction clause;

192 parts, or sections;] [(k) substituting the proper section or chapter number for the terms "this act," "this bill," or similar terms;] [(l) substituting the proper calendar date in the database and in the Laws of Utah;] [(m) modifying the highlighted provisions of legislation to correct an inconsistency between the highlighted provisions and the enacted provisions of the legislation;] [(n) correcting the names of agencies, departments, and similar units of government;] [(o) rearranging any misplaced statutory material, incorporating any omitted statutory material, and correcting other obvious errors of addition or omission;] [(p) correcting or incorporating a special clause that was publicly available on the Legislature's website but is errantly omitted, modified, or retained during the legislative process due to obvious technological or human error, including:] [(i) a severability clause;] [(ii) an effective date clause;] [(iii) a retrospective operation clause;] [(iv) an uncodified repeal date clause;] [(v) a revisor instruction clause;

In such case, the director of the office shall have a master's degree in public or business administration, economics, or the equivalent in academic or practical- experience11 and- theS.B. legislative general counsel shall be a lawyer admitted to practice in Utah.

192 Enrolled Copy practical experience and the legislative general counsel shall be a lawyer admitted to practice in Utah.

Section 536-12-12.2 is enacted to read:

36-12-12.2.36-12-12.2 .

- 12 - SB0192 compared with SB0192S01 (2) The Office of Legislative Research and General Counsel, under the direction of the general counsel shall review, examine, and correct any technical errors when:

(x) renumbering and rearranging of a title, chapter, part, section, or provisions of a section;- 12 - Enrolled Copy S.B.

(xi)192 transferringsection; sections or dividing sections to assign separate sections numbers to distinct subject matters;

(xi) transferring sections or dividing sections to assign separate section numbers to distinct subject matters;

- 13 - SB0192 compared with SB0192S01 (xiv) substituting the proper calendar date in the Utah Code database and in the Laws of Utah;

36-13-1.36-13-1 .

Section- 7.13 - S.B.

192 Enrolled Copy Section 7.

63G-6a-103.63G-6a-103 .

-(4)(a) 14 - SB0192 compared with SB0192S01 (4) (a) "Award" means, in relation to a contract, a procurement unit's selection of a vendor to supply a procurement item after the procurement unit engages in:

(i)- preparing14 any- solicitationEnrolled document;Copy S.B.

192 (i) preparing any solicitation document;

and - 15 - SB0192 compared with SB0192S01 (vi) contract administration.

(17) "Contract administration" means all functions, duties, and responsibilities associated with- managing,15 overseeing,- andS.B. carrying out a contract between a procurement unit and a contractor, including:

192 Enrolled Copy with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:

- 16 - SB0192 compared with SB0192S01 (d) processing contract amendments;

(b) an individual licensed as a professional engineer or professional land surveyor under Title- 58,16 Chapter- 22,Enrolled ProfessionalCopy EngineersS.B. and Professional Land Surveyors Licensing Act;

192 Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;

- 17 - SB0192 compared with SB0192S01 (26) "Design professional procurement process" means the procurement process described in Part 15, Design Professional Services.

and (c) states prices at which sales are currently or were last made to a significant number of any- category17 of- buyersS.B. or buyers constituting the general buying public for the supplies or services involved.

(32)192 (a)Enrolled "ExecutiveCopy branchany procurementcategory unit"of meansbuyers aor department,buyers division,constituting office,the bureau,general agency,buying orpublic otherfor organization within the statesupplies executiveor branch.services involved.

-(32)(a) 18 - SB0192 compared with SB0192S01 (b) "Executive branch procurement unit" doesmeans nota includedepartment, thedivision, Coloradooffice, Riverbureau, Authorityagency, ofor Utahother asorganization providedwithin inthe Sectionstate 63M-14-210.executive branch.

(b) "Executive branch procurement unit" does not include the Colorado River Authority of Utah as provided in Section 63M-14-210.

(iii)- an18 error- resultingEnrolled fromCopy anS.B. inaccuracy or omission in the solicitation;

192 (iii) an error resulting from an inaccuracy or omission in the solicitation;

- 19 - SB0192 compared with SB0192S01 (a) is for an indefinite amount of procurement items to be supplied as ordered by a procurement unit;

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

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

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

- 20 - SB0192 compared with SB0192S01 (42) "Invitation for bids":

(a)- means19 a- documentS.B. used to solicit:

192 Enrolled Copy (a) means a document used to solicit:

or] [(ii)[(ii)(A) (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.] - 21 - SB0192 compared with SB0192S01 (47) "Local building authority" means the same as that term is defined in Section 17D-2-102.

(a)- a20 county,- municipality,Enrolled interlocalCopy entity,S.B. or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:

192 (a) a county, municipality, interlocal entity, or project entity, and each office of the county, municipality, interlocal entity, or project entity, unless:

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

- 22 - SB0192 compared with SB0192S01 (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.21 - S.B.

192 Enrolled Copy public-private partnership.

- 23 - SB0192 compared with SB0192S01 (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- director22 of- theEnrolled UtahCopy CommunicationsS.B. Authority or the executive director's designee;

or192 (p)executive (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 facilitiesUtah divisionCommunications 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;

- 24 - SB0192 compared with SB0192S01 (f) a local government procurement unit;

(h)- a23 special- serviceS.B. district;

192 Enrolled Copy (h) a special service district;

- 25 - SB0192 compared with SB0192S01 (65) "Public facility" means a building, structure, infrastructure, improvement, or other facility of a public entity.

(67)- "Public24 transit- district"Enrolled meansCopy aS.B. public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act.

192 (67) "Public transit district" means a public transit district organized under Title 17B, Chapter 2a, Part 8, Public Transit District Act.

and - 26 - SB0192 compared with SB0192S01 (b) that:

and (b)- fully25 performing- allS.B. the requirements of the contract resulting from the solicitation, including being financially solvent with sufficient financial resources to perform the contract.

192 Enrolled Copy (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.

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

- 27 - SB0192 compared with SB0192S01 (f) for an institution of higher education, the Utah Board of Higher Education;

(i) for a special district other than a public transit district or for a special service district, the- board,26 except- toEnrolled theCopy extentS.B. that the board of trustees of the special district or the governing body of the special service district makes its own rules:

192 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:

- 28 - SB0192 compared with SB0192S01 (b) a proposal submitted in response to a request for proposals;

(88)- "Specification"27 means- anyS.B. 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:

192 Enrolled Copy (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:

- 29 - SB0192 compared with SB0192S01 (96) "Transitional costs":

(i)- from28 an- existingEnrolled providerCopy ofS.B. a procurement item to another provider of that procurement item;

192 (i) from an existing provider of a procurement item to another provider of that procurement item;

63O-2-202.63O-2-202 .

(1)(1)(a) (a) The governor, president of the Senate, speaker of the House of Representatives, chief justice, state treasurer, state attorney general, and state historic preservation officer shall serve terms coterminous with their office.

- 30 - SB0192 compared with SB0192S01 (b) The other members shall serve two-year terms.

(3)(3)(a) (a) Except as provided in [Subsection (3)(b)] this Subsection (3), the governor is chair of- the29 board.- S.B.

192 Enrolled Copy of the board.

[(b)] (c)(c)(i) (i) When the governor is absent from [meetings of the board, the vice chair is chair of the board] a board meeting, a vice chair shall act as chair of the board.

(5)(5)(a) (a) A member who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:

63O-2-301.63O-2-301 .

- 31 - SB0192 compared with SB0192S01 (a) except as otherwise provided in Chapter 1, Control and Maintenance of Capitol Hill, exercise complete jurisdiction and stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;

(d) on or before October 1 of each year, prepare and submit a recommended budget request- for30 the- upcomingEnrolled fiscalCopy yearS.B. for the capitol hill complex to:

192 request for the upcoming fiscal year for the capitol hill complex to:

- 32 - SB0192 compared with SB0192S01 (ii) State Library Division;

and (k)- establish31 procedures- forS.B. receiving, hearing, and deciding complaints or other issues raised about capitol hill and the use of capitol hill.

(2)192 (a)Enrolled TheCopy board(k) shallestablish makeprocedures rulesfor toreceiving, govern,hearing, administer, and regulatedeciding capitolcomplaints hill,or inother accordanceissues withraised Titleabout 63G,capitol Chapterhill 3,and Utahthe Administrativeuse Rulemakingof Act[.]capitol ,hill. including rules:

(2)(a) The board shall make rules to govern, administer, and regulate capitol hill, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.] , including rules:

(f)(f)(i) - 33 - SB0192 compared with SB0192S01 (i) The board may not apply this section or rules adopted under the authority of this section in a manner that violates a person's rights under the Utah Constitution or the First Amendment to the United States Constitution, including the right of persons to peaceably assemble.

(h)- (i)32 Nothing- inEnrolled SubsectionCopy (2)(a)S.B. restricts the Legislative Management Committee from adopting policies on behalf of the Legislature to govern, administer, or regulate the legislative area.

192 (h)(i) Nothing in Subsection (2)(a) restricts the Legislative Management Committee from adopting policies on behalf of the Legislature to govern, administer, or regulate the legislative area.

(i) Upon denial of an application the board shall notify applicant of the right to appeal.

Gamble Committee Room." (5)(5)(a) (a) The board may:

- 34 - SB0192 compared with SB0192S01 (v) delegate by specific motion of the board any authority granted to the board under this section to the executive director;

(E)- Office33 of- MuseumS.B. Services;

192 Enrolled Copy (E) Office of Museum Services;

- 35 - SB0192 compared with SB0192S01 (e) If the board establishes any subcommittees, the board may, by majority vote, appoint up to two people who are not members of the board to serve, at the will of the board, as nonvoting members of a subcommittee.

(6)(6)(a) (a) The board, and the employees of the board, may not move the office of the governor, lieutenant governor, president of the Senate, speaker of the House of Representatives, or a member of the Legislature from the State Capitol unless the removal is approved by:

or (iv)- the34 speaker- ofEnrolled theCopy HouseS.B. of Representatives, in the case of the speaker's office or the office of a member of the House.

192 (iv) the speaker of the House of Representatives, in the case of the speaker's office or the office of a member of the House.

Section 1068-3-13.5 is enacted to read:

68-3-13.5.68-3-13.5 .

- 36 - SB0192 compared with SB0192S01 (2) A written summary associated with legislation that is prepared by a staff member of the Senate or the House of Representatives, or by a staff office for the Legislature:

This Bill Repeals:

Effective date.

or (2)- if35 approved- byS.B. two-thirds of all members elected to each house:

192 Enrolled Copy (2) if approved by two-thirds of all members elected to each house:

3-5-26 11:20 AM - 3736 -