Community Rehabilitation Program Amendments

4
63G-6a-805
63I-1-263
1
Community Rehabilitation Program Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Grant Amjad Miller
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill deals with requirements regarding purchasing from a community rehabilitation
program and related provisions.
Highlighted Provisions:
This bill:
beginning January 1, 2027, requires the Purchasing from Persons with Disabilities
Advisory Board (board) to make an annual report to the Government Operations Interim
Committee;
describes the minimum content requirements of the annual report;
extends a sunset date related to the board and the board's duties; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-6a-805
Effective
05/06/26
Repealed
07/01/26
, as last amended by Laws of Utah
2025, Chapter 69
63I-1-263
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 391,
512
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63G-6a-805
is amended to read:
63G-6a-805
Effective
05/06/26
Repealed
07/01/26
. Purchase from community
rehabilitation programs.
(1)
As used in this section:
(a)
"Advisory board" means the Purchasing from Persons with Disabilities Advisory
Board created under this section.
(b)
(i)
"Community rehabilitation program" means a program that is operated
primarily for the purpose of the employment and training of persons with a
disability by a government agency or qualified nonprofit organization which is an
income tax exempt organization under 26 U.S.C. Sec. 501(c)(3) of the Internal
Revenue Code.
(ii)
A community rehabilitation program:
(A)
maintains an employment ratio of at least 75% of the program employees
under the procurement contract in question have severe disabilities;
(B)
(I)
complies with any applicable occupational health and safety standards
prescribed by the United States Department of Labor; or
(II)
is a supported employment program approved by the Utah State Office of
Rehabilitation created in Section
35A-1-202
;
(C)
has its principal place of business in Utah;
(D)
produces a good provided under this section in Utah; and
(E)
provides a service that is provided by individuals with a majority of whom
domiciled in Utah.
(c)
"Person with a disability" means a person with a disability as defined by and covered
under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
(2)
There is created within the division the Purchasing from Persons with Disabilities
Advisory Board.
(3)
The advisory board shall consist of three members, as follows:
(a)
the director of the division or the director's designee;
(b)
the director of the Utah State Office of Rehabilitation or the director's designee; and
(c)
a representative of the private business community who shall be appointed to a
three-year term by the governor with the advice and consent of the Senate.
(4)
(a)
The advisory board shall meet, as needed, to facilitate a procurement unit's
procurement of a good or service under this chapter from a community rehabilitation
program.
(b)
The advisory board shall:
(i)
identify the good or service that is available from a community rehabilitation
program in accordance with the requirements of Subsection
(7)
;
(ii)
approve a price in accordance with Subsection
(7)(c)
for the good or service that
the advisory board identifies under Subsection
(4)(b)(i)
;
(iii)
develop, maintain, and approve a preferred procurement contract list of the
goods and services that the advisory board identifies and prices under Subsections
(4)(b)(i)
and
(ii)
;
(iv)
review a community rehabilitation program's bid; and
(v)
award and renew specified contracts for set contract times, without competitive
bidding, for a procurement unit's purchase of a good or service under Subsection
(7)
.
(5)
The provisions of Subsections
(4)
and
(7)(a)
are an exception to the procurement
provisions under this chapter.
(6)
(a)
The advisory board may enter into an agreement with a person to provide
administrative support to the advisory board.
(b)
Subject to the advisory board guidelines and discretion, a person described in
Subsection
(6)(a)
shall:
(i)
identify a community rehabilitation program and the good or service that the
community rehabilitation program provides or has the potential to provide;
(ii)
help ensure that a community rehabilitation program's good or service is provided
at reasonable quality and delivery levels;
(iii)
recommend pricing for a community rehabilitation program's good or service;
(iv)
under the advisory board's discretion:
(A)
review a community rehabilitation program's bid; and
(B)
recommend to the advisory board that a procurement unit award a contract to
a community rehabilitation program;
(v)
collect and report program data to the advisory board and the division; and
(vi)
perform other duties that the advisory board specifies.
(7)
Except as provided under Subsection
(9)
, notwithstanding any provision of this chapter
to the contrary, a procurement unit shall purchase a community rehabilitation program's
good or service using the preferred procurement contract list approved under Subsection
(4)(b)(iii)
if:
(a)
the community rehabilitation program's good or service reasonably conforms to the
needs and specifications of the procurement unit;
(b)
the community rehabilitation program can supply the good or service within a
reasonable time; and
(c)
the price of the good or service is reasonably competitive with the cost of procuring
the good or service from another source.
(8)
A community rehabilitation program:
(a)
may submit a bid to the advisory board at any time and not necessarily in response to
an invitation for bids; and
(b)
shall certify on the bid that the community rehabilitation program submits to the
advisory board or to a procurement unit under this section that the community
rehabilitation program is claiming a preference under this section.
(9)
During a fiscal year, the requirement for a procurement unit to purchase a good or
service that a community rehabilitation program produces under the preferred
procurement list under Subsection
(7)
does not apply if the division determines that the
total amount of procurement contracts with community rehabilitation programs has
reached $5 million for that fiscal year.
(10)
In the case of conflict between a purchase under this section and a purchase under
Section
63G-6a-804
, this section prevails.
(11)
(a)
Beginning January 1, 2027, the advisory board shall provide an annual written
report by no later than October 1 to the Government Operations Interim Committee.
(b)
The report described in Subsection
(11)
(a) shall, at a minimum, include the
following information:
(i)
the number of contracts issued under this section in the previous calendar year;
(ii)
the total number of active contracts issued under this section;
(iii)
the maximum compensation payable for each active contract issued under this
section;
(iv)
the total amount of revenue encumbered by active contracts issued under this
section;
(v)
the number of persons with a disability employed with a community rehabilitation
program under a contract issued under this section;
(vi)
metrics developed by the advisory board to define and measure the success of the
procurement provisions of this section, utilizing the program data described in
Subsection
(6)(b)(v)
; and
(vii)
any recommendations for legislative action.
Section 2. Section
63I-1-263
is amended to read:
63I-1-263
Effective
05/06/26
. Repeal dates: Titles 63A to 63O.
(1)
Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July 1,
2028.
(2)
Title 63C, Chapter 18, Behavioral Health Crisis Response Committee, is repealed
December 31, 2026.
(3)
Title 63C, Chapter 25, State Finance Review Commission, is repealed July 1, 2027.
(4)
Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(5)
Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(6)
Title 63C, Chapter 31, State Employee Benefits Advisory Commission, is repealed July
1, 2028.
(7)
Section
63G-6a-805
, Purchase from community rehabilitation programs, is repealed
July 1,
2026
2036
.
(8)
Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1, 2028.
(9)
Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1, 2029.
(10)
Subsection
63J-1-602.2(16)
, related to the Communication Habits to reduce
Adolescent Threats (CHAT) Pilot Program, is repealed July 1, 2029.
(11)
Subsection
63J-1-602.2(26)
, regarding the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(12)
Section
63L-11-204
, Canyon resource management plan, is repealed July 1, 2027.
(13)
Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(14)
Title 63M, Chapter 7, Part 7, Domestic Violence Offender Treatment Board, is
repealed July 1, 2027.
(15)
Section
63M-7-902
, Creation -- Membership -- Terms -- Vacancies -- Expenses, is
repealed July 1, 2029.
(16)
Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(17)
Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(18)
Subsection
63N-2-511(1)(b)
, regarding the Board of Tourism Development, is
repealed July 1, 2030.
(19)
Section
63N-2-512
, Hotel Impact Mitigation Fund, is repealed July 1, 2028.
(20)
Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed July
1, 2027.
(21)
Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
repealed July 1, 2028.
(22)
Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed July
1, 2028.
(23)
Section
63N-4-804
, Rural Opportunity Advisory Committee, is repealed July 1, 2027.
(24)
Subsection
63N-4-805(5)(b)
, regarding the Rural Employment Expansion Program, is
repealed July 1, 2028.
(25)
Subsection
63N-7-101(1)
, regarding the Board of Tourism Development, is repealed
July 1, 2030.
(26)
Subsection
63N-7-102(3)(c)
, regarding a requirement for the Utah Office of Tourism
to receive approval from the Board of Tourism Development, is repealed July 1, 2030.
(27)
Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed July 1, 2030.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-23-26 2:47 PM