Occupational Licensing Amendments

25
58-1-301.5
58-64-101
58-64-102
58-64-301
58-64-302
58-64-303
58-64-304
58-64-305
58-64-401
58-64-501
58-64-502
58-64-601
58-64-701
58-84-101
58-84-102
58-84-103
58-84-201
58-84-202
58-84-203
58-84-301
58-86-101
58-86-102
58-86-103
58-86-201
58-86-202
58-86-203
58-86-204
58-86-205
58-86-206
58-86-301
58-86-302
58-86-401
63G-6a-103
78A-2-403
0
Occupational Licensing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John D. Johnson
House Sponsor:
LONG TITLE
General Description:
This bill repeals the licensing requirement for multiple occupations.
Highlighted Provisions:
This bill:
repeals the licensing requirement for:
a commercial interior designer;
the practice of deception detection; and
the practice of music therapy; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2025, Chapter 236
63G-6a-103
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
REPEALS:
58-64-101
, as enacted by Laws of Utah 1995, Chapter 215
58-64-102
, as last amended by Laws of Utah 2020, Chapter 154
58-64-301
, as last amended by Laws of Utah 2016, Chapter 201
58-64-302
, as last amended by Laws of Utah 2025, Chapter 443
58-64-303
, as last amended by Laws of Utah 2016, Chapter 201
58-64-304
, as last amended by Laws of Utah 2016, Chapter 238 and last amended by
Coordination Clause, Laws of Utah 2016, Chapter 238
58-64-305
, as last amended by Laws of Utah 1996, Chapter 79
58-64-401
, as enacted by Laws of Utah 1995, Chapter 215
58-64-501
, as enacted by Laws of Utah 1995, Chapter 215
58-64-502
, as last amended by Laws of Utah 2020, Chapter 154
58-64-601
, as last amended by Laws of Utah 2020, Chapter 154
58-64-701
, as last amended by Laws of Utah 2016, Chapter 201
58-84-101
, as enacted by Laws of Utah 2014, Chapter 340
58-84-102
, as last amended by Laws of Utah 2024, Chapter 420
58-84-103
, as enacted by Laws of Utah 2014, Chapter 340
58-84-201
, as last amended by Laws of Utah 2024, Chapter 420
58-84-202
, as enacted by Laws of Utah 2014, Chapter 340
58-84-203
, as enacted by Laws of Utah 2014, Chapter 340
58-84-301
, as enacted by Laws of Utah 2014, Chapter 340
58-86-101
, as enacted by Laws of Utah 2016, Chapter 294
58-86-102
, as enacted by Laws of Utah 2016, Chapter 294
58-86-103
, as enacted by Laws of Utah 2016, Chapter 294
58-86-201
, as enacted by Laws of Utah 2016, Chapter 294
58-86-202
, as last amended by Laws of Utah 2020, Chapter 339
58-86-203
, as enacted by Laws of Utah 2016, Chapter 294
58-86-204
, as enacted by Laws of Utah 2016, Chapter 294
58-86-205
, as enacted by Laws of Utah 2016, Chapter 294
58-86-206
, as enacted by Laws of Utah 2016, Chapter 294
58-86-301
, as enacted by Laws of Utah 2016, Chapter 294
58-86-302
, as last amended by Laws of Utah 2020, Chapter 339
58-86-401
, as enacted by Laws of Utah 2016, Chapter 294
78A-2-403
, as last amended by Laws of Utah 2019, Chapter 379
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
58-1-301.5
is amended to read:
58-1-301.5
. Division access to Bureau of Criminal Identification records --
Criminal background check requirement.
(1)
As used in this section, "applicant" means an individual applying for licensure or
certification, or with respect to a license or certification, applying for renewal,
reinstatement, or relicensure or recertification, as required in:
(a)
Section
58-5a-302
;
(b)
Section
58-16a-302
;
(c)
Section
58-17b-303
;
(d)
Section
58-17b-304
;
(e)
Section
58-17b-305
;
(f)
Section
58-17b-306
;
(g)
Section
58-24b-302
;
(h)
Section
58-31b-302
;
(i)
Section
58-42a-302
;
(j)
Section
58-44a-302
;
(k)
Section
58-47b-302
;
(l)
Section
58-55-302
;
(m)
Section
58-47b-302.2
;
(n)
Section
58-60-205
;
(o)
Section
58-60-305
;
(p)
Section
58-60-405
;
(q)
Section
58-60-506
;
(r)
Section
58-61-304
;
(s)
Section
58-63-302
;
(t)
Section
58-64-302
;
(u)
(t)
Section
58-67-302
;
(v)
(u)
Section
58-68-302
;
(w)
(v)
Section
58-69-302
;
(x)
(w)
Section
58-70a-302
;
(y)
(x)
Section
58-70b-302
;
(z)
(y)
Section
58-71-302
; or
(aa)
(z)
Section
58-73-302
.
(2)
The division shall have direct access to local files maintained by the Bureau of Criminal
Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for
background screening of an applicant.
(3)
The division's access to criminal background information under this section:
(a)
shall meet the requirements of Section
53-10-108
; and
(b)
includes:
(i)
convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
abeyance, dismissed charges, and charges without a known disposition; and
(ii)
criminal background information maintained under Title 53, Chapter 10, Part 2,
Bureau of Criminal Identification.
(4)
The division may not disseminate outside of the division any criminal history record
information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of
this section.
(5)
To fulfill an applicable criminal background check requirement, an applicant shall:
(a)
submit fingerprints in a form acceptable to the division at the time the applicant files
a license application or a registration; and
(b)
consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(6)
(a)
Upon receiving fingerprints from an applicant in accordance with Subsection
(5)
,
the division shall:
(i)
collect from each applicant submitting fingerprints in accordance with this section:
(A)
the fee that the Bureau of Criminal Identification is authorized to collect for
the services provided under Section
53-10-108
; and
(B)
the fee charged by the Federal Bureau of Investigation for fingerprint
processing for the purpose of obtaining federal criminal history record
information;
(ii)
submit from each applicant the fingerprints and the fees described in Subsection
(6)(a)(i)
to the Bureau of Criminal Identification; and
(iii)
obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section
53-10-108
for each applicant.
(b)
The fees described in Subsection
(6)(a)(i)
are in addition to other fees authorized by
this chapter.
(7)
In accordance with the requirements of Section
53-10-108
, the Bureau of Criminal
Identification shall:
(a)
check the fingerprints submitted under Subsection
(5)(a)
against the applicable state
and regional criminal records databases;
(b)
forward the fingerprints to the Federal Bureau of Investigation for a national criminal
history background check; and
(c)
provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(8)
(a)
(i)
Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required under this section demonstrates, after the
applicant is licensed or registered, that the applicant failed to accurately disclose a
criminal history, the division may provide notice to the applicant that the license
or registration is immediately and automatically revoked.
(ii)
If a massage establishment owner has a criminal conviction or pending criminal
charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
crime listed by rule made by the division in collaboration with the board in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall deny
an
the
application for registration of a massage establishment.
(b)
(i)
An individual whose license has been revoked in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the revocation.
(ii)
A registered massage establishment for which the registration has been revoked
in accordance with Subsection
(8)(a)
is entitled to a hearing to challenge the
revocation.
(c)
The division shall conduct the hearing described in this Subsection
(8)
in accordance
with Title 63G, Chapter 4, Administrative Procedures Act.
Section 2. Section
63G-6a-103
is amended to read:
63G-6a-103
. 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)
(a)
"Award" means, in relation to a contract, a procurement unit's
selection of
selecting of
a vendor to supply a procurement item after the procurement unit
engages in:
(i)
a standard procurement process; or
(ii)
an exception to a standard procurement process under Part
8, Exceptions to
Procurement Requirements
.
(b)
"Award" does not mean, in relation to a contract, a procurement unit's offer or
acceptance of any terms or conditions related to the procurement unit's acquisition or
receipt of the procurement item.
(5)
"Bidder" means a person who submits a bid or price quote in response to an invitation
for bids.
(6)
"Bidding process" means the procurement process described in Part 6, Bidding.
(7)
"Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(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.
(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.
(10)
"Chief procurement officer" means the individual appointed under Section
63A-2-102
.
(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
the solicitation
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.
(12)
"Conservation district" means the same as that term is defined in Section
17D-3-102
.
(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.
(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.
(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.
(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)
"Construction subcontractor"
includes a general contractor or specialty contractor
licensed or exempt from licensing under Title
58, Chapter 55
, Utah Construction
Trades Licensing Act
; and
.
(c)
"Construction subcontractor"
does not include a supplier who provides only
materials, equipment, or supplies to a contractor or subcontractor for a construction
project.
(16)
"Contract" means an agreement for a procurement.
(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.
(18)
"Contractor" means a person who is awarded a contract with a procurement unit.
(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.
(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
.
(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.
(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.
(23)
"Days" means calendar days, unless expressly provided otherwise.
(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.
(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;
or

(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.
(26)
"Design professional procurement process" means the procurement process described
in Part
15, Design Professional Services
.
(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;
or
(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
.
(28)
"Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(29)
"Division" means the Division of Purchasing and General Services, created in Section
63A-2-101
.
(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
53H-1-102
; or
(f)
the State Board of Education.
(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.
(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
.
(33)
"Facilities division" means the Division of Facilities Construction and Management,
created in Section
63A-5b-301
.
(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.
(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.
(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.
(37)
"Human services procurement item" means a procurement item used to provide
services or support to a child, youth, adult, or family.
(38)
(a)
"Immaterial error"
:
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.
(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)
"Immaterial error"
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.
(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.
(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 governmental 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.
(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.
(42)
(a)
"Invitation for bids"
:
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 provided to a procurement unit.
(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)
"Invitation for bids"
includes all documents attached to or incorporated by reference
in a document described in Subsection
(42)(a)
.
(43)
"Issuing procurement unit" means a procurement unit that:
(a)
reviews a solicitation to verify that
it
the solicitation
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.
(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.
(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.
(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.
(47)
"Local building authority" means the same as that term is defined in Section
17D-2-102
.
(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
.
(49)
"Multiple award contracts" means the award of a contract for an indefinite quantity of
a procurement item to more than one person.
(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.
(51)
"Municipality" means a city or town.
(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
(52)(a)
.
(53)
"Offeror" means a person who submits a proposal in response to a request for
proposals.
(54)
"Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(55)
"Procure" means to acquire a procurement item through a procurement.
(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.
(57)
"Procurement item" means an item of personal property, a technology, a service, or a
construction project.
(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
53H-1-102
, 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.
(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.
(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.
(61)
"Project entity" means the same as that term is defined in Section
11-13-103
.
(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

.
(63)
"Public corporation" means the same as that term is defined in Section
63E-1-102
.
(64)
"Public entity" means the state or any other governmental entity within the state that
expends public funds.
(65)
"Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(66)
"Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(67)
"Public transit district" means a public transit district organized under Title
17B,
Chapter 2a, Part 8
, Public Transit District Act.
(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.
(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.
(70)
"Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(71)
"Request for information" means a nonbinding process through which a procurement
unit requests information relating to a procurement item.
(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.
(73)
"Request for proposals process" means the procurement process described in Part
7,
Request for Proposals
.
(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.
(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.
(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.
(77)
"Responsive" means conforming in all material respects to the requirements of a
solicitation.
(78)
"Rule"
includes
means
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.
(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 an 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
the special service district's

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
53H-10-202
, 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.
(80)
(a)
"Service"
:
means labor, effort, or work to produce a result that is beneficial to a
procurement unit.
(a)
means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b)
"Service"
includes a professional service
; and
.
(c)
"Service"
does not include labor, effort, or work provided under an employment
agreement or a collective bargaining agreement.
(81)
"Small purchase process" means the procurement process described in Section
63G-6a-506
.
(82)
"Sole source contract" means a contract resulting from a sole source procurement.
(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.
(84)
"Solicitation" means an invitation for bids, request for proposals, or request for
statement of qualifications.
(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.
(86)
"Special district" means the same as that term is defined in Section
17B-1-102
.
(87)
"Special service district" means the same as that term is defined in Section
17D-1-102
.
(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.
(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.
(90)
"State cooperative contract" means a contract awarded by the division for and in behalf
of all public entities.
(91)
"Statement of qualifications" means a written statement submitted to a procurement
unit in response to a request for statement of qualifications.
(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.
(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)
"Subcontractor"
includes a supplier, distributor, or other vendor that furnishes
supplies or services to a contractor.
(93)
"Technology" means the same as "information technology," as defined in Section
63A-16-102
.
(94)
"Tie bid" means that the lowest responsive bids of responsible bidders are identical in
price.
(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.
(96)
(a)
"Transitional costs"
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.
(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)
"Transitional costs"
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)
"Transitional costs" do not include:
(i)
the costs of preparing for or engaging in a procurement process; or
(ii)
contract negotiation or drafting costs.
(c)
does not include:
(i)
the costs of preparing for or engaging in a procurement process; or
(ii)
contract negotiation or drafting costs.
(97)
(a)
"Vendor"
:
means a person who is seeking to enter into a contract with a
procurement unit to provide a procurement item.
(a)
means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b)
"Vendor"
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 3.
Repealer.
Title.
Definitions.
Licensure required -- License classifications.
Qualifications for licensure.
Term of license -- Expiration -- Renewal.
Exemptions from licensure.
Status of licenses held on the effective date of this chapter.
Grounds for denial of license -- Disciplinary proceedings.
Unlawful conduct.
Unprofessional conduct.
Deception detection instruments.
State preemption of local regulation.
Title.
Definitions.
Rulemaking.
Qualifications for state certification.
Term of state certification.
Limitation of state certification.
Unlawful conduct.
Title and scope.
Definitions.
Rulemaking.
State certification required.
Qualifications for state certification.
Term of state certification -- Expiration -- Renewal.
Continuing education.
Grounds for denial of state certification -- Disciplinary proceedings.
Exemptions from state certification.
Unlawful conduct.
Penalty for unlawful conduct.
State certification number and signature.
Appointment of court reporters -- Eligibility.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 12:02 PM