SB 327

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                         Ryan D. Wilcox proposes the following substitute bill:
1Occupational Licensing Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                   Chief Sponsor: John D. Johnson
                                                House Sponsor:
2
3   LONG TITLE
4   General Description:
5      This bill repeals the licensing requirement for multiple occupations.
6   Highlighted Provisions:
7      This bill:
8      ▸ repeals the licensing requirement for:
9●    a commercial interior designer;
10●    the practice of deception detection; and
11●    the practice of music therapy; and
12      ▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14      None
15   Other Special Clauses:
16      None
17   Utah Code Sections Affected:
18   AMENDS:
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19      58-1-301.5, as last amended by Laws of Utah 2025, Chapter 236
20      63G-6a-103, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
21   REPEALS:
22      58-64-101, as enacted by Laws of Utah 1995, Chapter 215
23      58-64-102, as last amended by Laws of Utah 2020, Chapter 154
24      58-64-301, as last amended by Laws of Utah 2016, Chapter 201
25      58-64-302, as last amended by Laws of Utah 2025, Chapter 443
26      58-64-303, as last amended by Laws of Utah 2016, Chapter 201
27      58-64-304, as last amended by Laws of Utah 2016, Chapter 238 and last amended by
28      Coordination Clause, Laws of Utah 2016, Chapter 238
29      58-64-305, as last amended by Laws of Utah 1996, Chapter 79
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3058-64-401, as enacted by Laws of Utah 1995, Chapter 215
3158-64-501, as enacted by Laws of Utah 1995, Chapter 215
3258-64-502, as last amended by Laws of Utah 2020, Chapter 154
3358-64-601, as last amended by Laws of Utah 2020, Chapter 154
3458-64-701, as last amended by Laws of Utah 2016, Chapter 201
3558-84-101, as enacted by Laws of Utah 2014, Chapter 340
3658-84-102, as last amended by Laws of Utah 2024, Chapter 420
3758-84-103, as enacted by Laws of Utah 2014, Chapter 340
3858-84-201, as last amended by Laws of Utah 2024, Chapter 420
3958-84-202, as enacted by Laws of Utah 2014, Chapter 340
4058-84-203, as enacted by Laws of Utah 2014, Chapter 340
4158-84-301, as enacted by Laws of Utah 2014, Chapter 340
4258-86-101, as enacted by Laws of Utah 2016, Chapter 294
4358-86-102, as enacted by Laws of Utah 2016, Chapter 294
4458-86-103, as enacted by Laws of Utah 2016, Chapter 294
4558-86-201, as enacted by Laws of Utah 2016, Chapter 294
4658-86-202, as last amended by Laws of Utah 2020, Chapter 339
4758-86-203, as enacted by Laws of Utah 2016, Chapter 294
4858-86-204, as enacted by Laws of Utah 2016, Chapter 294
4958-86-205, as enacted by Laws of Utah 2016, Chapter 294
5058-86-206, as enacted by Laws of Utah 2016, Chapter 294
5158-86-301, as enacted by Laws of Utah 2016, Chapter 294
5258-86-302, as last amended by Laws of Utah 2020, Chapter 339
5358-86-401, as enacted by Laws of Utah 2016, Chapter 294
5478A-2-403, as last amended by Laws of Utah 2019, Chapter 379
55
56   Be it enacted by the Legislature of the state of Utah:
57Section 1. Section 58-1-301.5 is amended to read:
5858-1-301.5 . Division access to Bureau of Criminal Identification records --
59   Criminal background check requirement.
60   (1) As used in this section, "applicant" means an individual applying for licensure or
61certification, or with respect to a license or certification, applying for renewal,
62reinstatement, or relicensure or recertification, as required in:
63(a) Section 58-5a-302;
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64(b) Section 58-16a-302;
65(c) Section 58-17b-303;
66(d) Section 58-17b-304;
67(e) Section 58-17b-305;
68(f) Section 58-17b-306;
69(g) Section 58-24b-302;
70(h) Section 58-31b-302;
71(i) Section 58-42a-302;
72(j) Section 58-44a-302;
73(k) Section 58-47b-302;
74(l) Section 58-55-302;
75(m) Section 58-47b-302.2;
76(n) Section 58-60-205;
77(o) Section 58-60-305;
78(p) Section 58-60-405;
79(q) Section 58-60-506;
80(r) Section 58-61-304;
81(s) Section 58-63-302;
82[(t) Section 58-64-302;]
83[(u)] (t) Section 58-67-302;
84[(v)] (u) Section 58-68-302;
85[(w)] (v) Section 58-69-302;
86[(x)] (w) Section 58-70a-302;
87[(y)] (x) Section 58-70b-302;
88[(z)] (y) Section 58-71-302; or
89[(aa)] (z) Section 58-73-302.
90   (2) The division shall have direct access to local files maintained by the Bureau of Criminal
91Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, for
92background screening of an applicant.
93   (3) The division's access to criminal background information under this section:
94(a) shall meet the requirements of Section 53-10-108; and
95(b) includes:
96(i) convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held in
97abeyance, dismissed charges, and charges without a known disposition; and
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98(ii) criminal background information maintained under Title 53, Chapter 10, Part 2,
99Bureau of Criminal Identification.
100   (4) The division may not disseminate outside of the division any criminal history record
101information that the division obtains from the Bureau of Criminal Identification or the
102Federal Bureau of Investigation under the criminal background check requirements of
103this section.
104   (5) To fulfill an applicable criminal background check requirement, an applicant shall:
105(a) submit fingerprints in a form acceptable to the division at the time the applicant files
106a license application or a registration; and
107(b) consent to a fingerprint background check conducted by the Bureau of Criminal
108Identification and the Federal Bureau of Investigation regarding the application.
109   (6)(a) Upon receiving fingerprints from an applicant in accordance with Subsection (5),
110the division shall:
111(i) collect from each applicant submitting fingerprints in accordance with this section:
112(A) the fee that the Bureau of Criminal Identification is authorized to collect for
113the services provided under Section 53-10-108; and
114(B) the fee charged by the Federal Bureau of Investigation for fingerprint
115processing for the purpose of obtaining federal criminal history record
116information;
117(ii) submit from each applicant the fingerprints and the fees described in Subsection
118(6)(a)(i) to the Bureau of Criminal Identification; and
119(iii) obtain and retain in division records a signed waiver approved by the Bureau of
120Criminal Identification in accordance with Section 53-10-108 for each applicant.
121(b) The fees described in Subsection (6)(a)(i) are in addition to other fees authorized by
122this chapter.
123   (7) In accordance with the requirements of Section 53-10-108, the Bureau of Criminal
124Identification shall:
125(a) check the fingerprints submitted under Subsection (5)(a) against the applicable state
126and regional criminal records databases;
127(b) forward the fingerprints to the Federal Bureau of Investigation for a national criminal
128history background check; and
129(c) provide the results from the state, regional, and nationwide criminal history
130background checks to the division.
131   (8)(a)(i) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
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132criminal background check required under this section demonstrates, after the
133applicant is licensed or registered, that the applicant failed to accurately disclose a
134criminal history, the division may provide notice to the applicant that the license
135or registration is immediately and automatically revoked.
136(ii) If a massage establishment owner has a criminal conviction or pending criminal
137charges for any crime under Title 76, Chapter 5, Part 4, Sexual Offenses, or any
138crime listed by rule made by the division in collaboration with the board in
139accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
140division shall deny [an] the application for registration of a massage establishment.
141(b)(i) An individual whose license has been revoked in accordance with Subsection
142(8)(a) is entitled to a hearing to challenge the revocation.
143(ii) A registered massage establishment for which the registration has been revoked
144in accordance with Subsection (8)(a) is entitled to a hearing to challenge the
145revocation.
146(c) The division shall conduct the hearing described in this Subsection (8) in accordance
147with Title 63G, Chapter 4, Administrative Procedures Act.
148Section 2. Section 63G-6a-103 is amended to read:
14963G-6a-103 . Definitions.
150      As used in this chapter:
151   (1) "Approved vendor" means a person who has been approved for inclusion on an
152approved vendor list through the approved vendor list process.
153   (2) "Approved vendor list" means a list of approved vendors established under Section
15463G-6a-507.
155   (3) "Approved vendor list process" means the procurement process described in Section
15663G-6a-507.
157   (4)(a) "Award" means, in relation to a contract, a procurement unit's [selection of]
158selecting of a vendor to supply a procurement item after the procurement unit
159engages in:
160(i) a standard procurement process; or
161(ii) an exception to a standard procurement process under Part 8, Exceptions to
162Procurement Requirements.
163(b) "Award" does not mean, in relation to a contract, a procurement unit's offer or
164acceptance of any terms or conditions related to the procurement unit's acquisition or
165receipt of the procurement item.
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166   (5) "Bidder" means a person who submits a bid or price quote in response to an invitation
167for bids.
168   (6) "Bidding process" means the procurement process described in Part 6, Bidding.
169   (7) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202.
170   (8) "Change directive" means a written order signed by the procurement officer that directs
171the contractor to suspend work or make changes, as authorized by contract, without the
172consent of the contractor.
173   (9) "Change order" means a written alteration in specifications, delivery point, rate of
174delivery, period of performance, price, quantity, or other provisions of a contract, upon
175mutual agreement of the parties to the contract.
176   (10) "Chief procurement officer" means the individual appointed under Section 63A-2-102.
177   (11) "Conducting procurement unit" means a procurement unit that conducts all aspects of a
178procurement:
179(a) except:
180(i) reviewing a solicitation to verify that [it] the solicitation is in proper form; and
181(ii) causing the publication of a notice of a solicitation; and
182(b) including:
183(i) preparing any solicitation document;
184(ii) appointing an evaluation committee;
185(iii) conducting the evaluation process, except the process relating to scores
186calculated for costs of proposals;
187(iv) selecting and recommending the person to be awarded a contract;
188(v) negotiating the terms and conditions of a contract, subject to the issuing
189procurement unit's approval; and
190(vi) contract administration.
191   (12) "Conservation district" means the same as that term is defined in Section 17D-3-102.
192   (13) "Construction project":
193(a) means a project for the construction, renovation, alteration, improvement, or repair of
194a public facility on real property, including all services, labor, supplies, and materials
195for the project; and
196(b) does not include services and supplies for the routine, day-to-day operation, repair,
197or maintenance of an existing public facility.
198   (14) "Construction manager/general contractor":
199(a) means a contractor who enters into a contract:
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200(i) for the management of a construction project; and
201(ii) that allows the contractor to subcontract for additional labor and materials that are
202not included in the contractor's cost proposal submitted at the time of the
203procurement of the contractor's services; and
204(b) does not include a contractor whose only subcontract work not included in the
205contractor's cost proposal submitted as part of the procurement of the contractor's
206services is to meet subcontracted portions of change orders approved within the
207scope of the project.
208   (15)(a) "Construction subcontractor"[:] means a person under contract with a contractor
209or another subcontractor to provide services or labor for the design or construction of
210a construction project.
211[(a) means a person under contract with a contractor or another subcontractor to provide
212services or labor for the design or construction of a construction project;]
213(b) "Construction subcontractor" includes a general contractor or specialty contractor
214licensed or exempt from licensing under Title 58, Chapter 55, Utah Construction
215Trades Licensing Act[; and] .
216(c) "Construction subcontractor" does not include a supplier who provides only
217materials, equipment, or supplies to a contractor or subcontractor for a construction
218project.
219   (16) "Contract" means an agreement for a procurement.
220   (17) "Contract administration" means all functions, duties, and responsibilities associated
221with managing, overseeing, and carrying out a contract between a procurement unit and
222a contractor, including:
223(a) implementing the contract;
224(b) ensuring compliance with the contract terms and conditions by the conducting
225procurement unit and the contractor;
226(c) executing change orders;
227(d) processing contract amendments;
228(e) resolving, to the extent practicable, contract disputes;
229(f) curing contract errors and deficiencies;
230(g) terminating a contract;
231(h) measuring or evaluating completed work and contractor performance;
232(i) computing payments under the contract; and
233(j) closing out a contract.
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234   (18) "Contractor" means a person who is awarded a contract with a procurement unit.
235   (19) "Cooperative procurement" means procurement conducted by, or on behalf of:
236(a) more than one procurement unit; or
237(b) a procurement unit and a cooperative purchasing organization.
238   (20) "Cooperative purchasing organization" means an organization, association, or alliance
239of purchasers established to combine purchasing power in order to obtain the best value
240for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
241   (21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor
242is paid a percentage of the total actual expenses or costs in addition to the contractor's
243actual expenses or costs.
244   (22) "Cost-reimbursement contract" means a contract under which a contractor is
245reimbursed for costs which are allowed and allocated in accordance with the contract
246terms and the provisions of this chapter, and a fee, if any.
247   (23) "Days" means calendar days, unless expressly provided otherwise.
248   (24) "Definite quantity contract" means a fixed price contract that provides for a specified
249amount of supplies over a specified period, with deliveries scheduled according to a
250specified schedule.
251   (25) "Design professional" means:
252(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
253Licensing Act;
254(b) an individual licensed as a professional engineer or professional land surveyor under
255Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors
256Licensing Act; or
257(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing
258Act, to engage in the practice of landscape architecture, as defined in Section
25958-53-102[; or] .
260[(d) an individual certified as a commercial interior designer under Title 58, Chapter 86,
261State Certification of Commercial Interior Designers Act.]
262   (26) "Design professional procurement process" means the procurement process described
263in Part 15, Design Professional Services.
264   (27) "Design professional services" means:
265(a) professional services within the scope of the practice of architecture as defined in
266Section 58-3a-102;
267(b) professional engineering as defined in Section 58-22-102;
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268(c) master planning and programming services; or
269(d) professional services within the scope of the practice of landscape architecture, as
270defined in Section 58-53-102[; or] .
271[(e) services within the scope of the practice of commercial interior design, as defined in
272Section 58-86-102.]
273   (28) "Design-build" means the procurement of design professional services and
274construction by the use of a single contract.
275   (29) "Division" means the Division of Purchasing and General Services, created in Section
27663A-2-101.
277   (30) "Educational procurement unit" means:
278(a) a school district;
279(b) a public school, including a local school board or a charter school;
280(c) the Utah Schools for the Deaf and the Blind;
281(d) the Utah Education and Telehealth Network;
282(e) an institution of higher education of the state described in Section 53H-1-102; or
283(f) the State Board of Education.
284   (31) "Established catalogue price" means the price included in a catalogue, price list,
285schedule, or other form that:
286(a) is regularly maintained by a manufacturer or contractor;
287(b) is published or otherwise available for inspection by customers; and
288(c) states prices at which sales are currently or were last made to a significant number of
289any category of buyers or buyers constituting the general buying public for the
290supplies or services involved.
291   (32)(a) "Executive branch procurement unit" means a department, division, office,
292bureau, agency, or other organization within the state executive branch.
293(b) "Executive branch procurement unit" does not include the Colorado River Authority
294of Utah as provided in Section 63M-14-210.
295   (33) "Facilities division" means the Division of Facilities Construction and Management,
296created in Section 63A-5b-301.
297   (34) "Fixed price contract" means a contract that provides a price, for each procurement
298item obtained under the contract, that is not subject to adjustment except to the extent
299that:
300(a) the contract provides, under circumstances specified in the contract, for an
301adjustment in price that is not based on cost to the contractor; or
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302(b) an adjustment is required by law.
303   (35) "Fixed price contract with price adjustment" means a fixed price contract that provides
304for an upward or downward revision of price, precisely described in the contract, that:
305(a) is based on the consumer price index or another commercially acceptable index,
306source, or formula; and
307(b) is not based on a percentage of the cost to the contractor.
308   (36) "Grant" means an expenditure of public funds or other assistance, or an agreement to
309expend public funds or other assistance, for a public purpose authorized by law, without
310acquiring a procurement item in exchange.
311   (37) "Human services procurement item" means a procurement item used to provide
312services or support to a child, youth, adult, or family.
313   (38)(a) "Immaterial error"[:] means an irregularity or abnormality that is:
314(i) a matter of form that does not affect substance; or
315(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
316or a trivial effect on the procurement process and that is not prejudicial to other
317vendors.
318[(a) means an irregularity or abnormality that is:]
319[(i) a matter of form that does not affect substance; or]
320[(ii) an inconsequential variation from a requirement of a solicitation that has no,
321little, or a trivial effect on the procurement process and that is not prejudicial to
322other vendors; and]
323(b) "Immaterial error" includes:
324(i) a missing signature, missing acknowledgment of an addendum, or missing copy of
325a professional license, bond, or insurance certificate;
326(ii) a typographical error;
327(iii) an error resulting from an inaccuracy or omission in the solicitation; and
328(iv) any other error that the procurement official reasonably considers to be
329immaterial.
330   (39) "Indefinite quantity contract" means a fixed price contract that:
331(a) is for an indefinite amount of procurement items to be supplied as ordered by a
332procurement unit; and
333(b)(i) does not require a minimum purchase amount; or
334(ii) provides a maximum purchase limit.
335   (40) "Independent procurement unit" means:
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336(a)(i) a legislative procurement unit;
337(ii) a judicial branch procurement unit;
338(iii) an educational procurement unit;
339(iv) a local governmental procurement unit;
340(v) a conservation district;
341(vi) a local building authority;
342(vii) a special district;
343(viii) a public corporation;
344(ix) a special service district; or
345(x) the Utah Communications Authority, established in Section 63H-7a-201;
346(b) the facilities division, but only to the extent of the procurement authority provided
347under Title 63A, Chapter 5b, Administration of State Facilities;
348(c) the attorney general, but only to the extent of the procurement authority provided
349under Title 67, Chapter 5, Attorney General;
350(d) the Department of Transportation, but only to the extent of the procurement authority
351provided under Title 72, Transportation Code;
352(e) the Department of Health and Human Services, but only for the procurement of a
353human services procurement item; or
354(f) any other executive branch department, division, office, or entity that has statutory
355procurement authority outside this chapter, but only to the extent of that statutory
356procurement authority.
357   (41)(a) "Interlocal entity" means a separate political subdivision created under Title 11,
358Chapter 13, Interlocal Cooperation Act.
359(b) "Interlocal entity" does not include a project entity.
360   (42)(a) "Invitation for bids"[:] means a document used to solicit:
361(i) bids to provide a procurement item to a procurement unit; or
362(ii) quotes for a price of a procurement item provided to a procurement unit.
363[(a) means a document used to solicit:]
364[(i) bids to provide a procurement item to a procurement unit; or]
365[(ii) quotes for a price of a procurement item to be provided to a procurement unit;
366and]
367(b) "Invitation for bids" includes all documents attached to or incorporated by reference
368in a document described in Subsection (42)(a).
369   (43) "Issuing procurement unit" means a procurement unit that:
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370(a) reviews a solicitation to verify that [it] the solicitation is in proper form;
371(b) causes the notice of a solicitation to be published; and
372(c) negotiates and approves the terms and conditions of a contract.
373   (44) "Judicial procurement unit" means:
374(a) the Utah Supreme Court;
375(b) the Utah Court of Appeals;
376(c) the Judicial Council;
377(d) a state judicial district; or
378(e) an office, committee, subcommittee, or other organization within the state judicial
379branch.
380   (45) "Labor hour contract" is a contract under which:
381(a) the supplies and materials are not provided by, or through, the contractor; and
382(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit
383for a specified number of labor hours or days.
384   (46) "Legislative procurement unit" means:
385(a) the Legislature;
386(b) the Senate;
387(c) the House of Representatives;
388(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
389(e) a committee, subcommittee, commission, or other organization:
390(i) within the state legislative branch; or
391(ii)(A) that is created by statute to advise or make recommendations to the
392Legislature;
393(B) the membership of which includes legislators; and
394(C) for which the Office of Legislative Research and General Counsel provides
395staff support.
396   (47) "Local building authority" means the same as that term is defined in Section 17D-2-102.
397   (48) "Local government procurement unit" means:
398(a) a county, municipality, interlocal entity, or project entity, and each office of the
399county, municipality, interlocal entity, or project entity, unless:
400(i) the county or municipality adopts a procurement code by ordinance;
401(ii) the interlocal entity adopts procurement rules or policies as provided in
402Subsection 11-13-226(2); or
403(iii) the project entity adopts a procurement code through the process described in
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404Section 11-13-316;
405(b)(i) a county or municipality that has adopted this entire chapter by ordinance, and
406each office or agency of that county or municipality; and
407(ii) a project entity that has adopted this entire chapter through the process described
408in Subsection 11-13-316; or
409(c) a county, municipality, or project entity, and each office of the county, municipality,
410or project entity that has adopted a portion of this chapter to the extent that:
411(i) a term in the ordinance is used in the adopted chapter; or
412(ii) a term in the ordinance is used in the language a project entity adopts in its
413procurement code through the process described in Section 11-13-316.
414   (49) "Multiple award contracts" means the award of a contract for an indefinite quantity of
415a procurement item to more than one person.
416   (50) "Multiyear contract" means a contract that extends beyond a one-year period,
417including a contract that permits renewal of the contract, without competition, beyond
418the first year of the contract.
419   (51) "Municipality" means a city or town.
420   (52) "Nonadopting local government procurement unit" means:
421(a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement
422Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
423General Provisions Related to Protest or Appeal; and
424(b) each office or agency of a county or municipality described in Subsection (52)(a).
425   (53) "Offeror" means a person who submits a proposal in response to a request for
426proposals.
427   (54) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
428under the requirements of this chapter.
429   (55) "Procure" means to acquire a procurement item through a procurement.
430   (56) "Procurement" means the acquisition of a procurement item through an expenditure of
431public funds, or an agreement to expend public funds, including an acquisition through a
432public-private partnership.
433   (57) "Procurement item" means an item of personal property, a technology, a service, or a
434construction project.
435   (58) "Procurement official" means:
436(a) for a procurement unit other than an independent procurement unit, the chief
437procurement officer;
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438(b) for a legislative procurement unit, the individual, individuals, or body designated in a
439policy adopted by the Legislative Management Committee;
440(c) for a judicial procurement unit, the Judicial Council or an individual or body
441designated by the Judicial Council by rule;
442(d) for a local government procurement unit:
443(i) the legislative body of the local government procurement unit; or
444(ii) an individual or body designated by the local government procurement unit;
445(e) for a special district, the board of trustees of the special district or the board of
446trustees' designee;
447(f) for a special service district, the governing body of the special service district or the
448governing body's designee;
449(g) for a local building authority, the board of directors of the local building authority or
450the board of directors' designee;
451(h) for a conservation district, the board of supervisors of the conservation district or the
452board of supervisors' designee;
453(i) for a public corporation, the board of directors of the public corporation or the board
454of directors' designee;
455(j) for a school district or any school or entity within a school district, the board of the
456school district or the board's designee;
457(k) for a charter school, the individual or body with executive authority over the charter
458school or the designee of the individual or body;
459(l) for an institution of higher education described in Section 53H-1-102, the president of
460the institution of higher education or the president's designee;
461(m) for the State Board of Education, the State Board of Education or the State Board of
462Education's designee;
463(n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
464the designee of the Commissioner of Higher Education;
465(o) for the Utah Communications Authority, established in Section 63H-7a-201, the
466executive director of the Utah Communications Authority or the executive director's
467designee; or
468(p)(i) for the facilities division, and only to the extent of procurement activities of the
469facilities division as an independent procurement unit under the procurement
470authority provided under Title 63A, Chapter 5b, Administration of State Facilities,
471the director of the facilities division or the director's designee;
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472(ii) for the attorney general, and only to the extent of procurement activities of the
473attorney general as an independent procurement unit under the procurement
474authority provided under Title 67, Chapter 5, Attorney General, the attorney
475general or the attorney general's designee;
476(iii) for the Department of Transportation created in Section 72-1-201, and only to
477the extent of procurement activities of the Department of Transportation as an
478independent procurement unit under the procurement authority provided under
479Title 72, Transportation Code, the executive director of the Department of
480Transportation or the executive director's designee;
481(iv) for the Department of Health and Human Services, and only to the extent of the
482procurement activities of the Department of Health and Human Services as an
483independent procurement unit, the executive director of the Department of Health
484and Human Services or the executive director's designee; or
485(v) for any other executive branch department, division, office, or entity that has
486statutory procurement authority outside this chapter, and only to the extent of the
487procurement activities of the department, division, office, or entity as an
488independent procurement unit under the procurement authority provided outside
489this chapter for the department, division, office, or entity, the chief executive
490officer of the department, division, office, or entity or the chief executive officer's
491designee.
492   (59) "Procurement unit" means:
493(a) a legislative procurement unit;
494(b) an executive branch procurement unit;
495(c) a judicial procurement unit;
496(d) an educational procurement unit;
497(e) the Utah Communications Authority, established in Section 63H-7a-201;
498(f) a local government procurement unit;
499(g) a special district;
500(h) a special service district;
501(i) a local building authority;
502(j) a conservation district; or
503(k) a public corporation.
504   (60) "Professional service" means labor, effort, or work that requires specialized
505knowledge, expertise, and discretion, including labor, effort, or work in the field of:
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506(a) accounting;
507(b) administrative law judge service;
508(c) architecture;
509(d) construction design and management;
510(e) engineering;
511(f) financial services;
512(g) information technology;
513(h) the law;
514(i) medicine;
515(j) psychiatry; or
516(k) underwriting.
517   (61) "Project entity" means the same as that term is defined in Section 11-13-103.
518   (62) "Protest officer" means:
519(a) for the division or an independent procurement unit:
520(i) the procurement official;
521(ii) the procurement official's designee who is an employee of the procurement unit;
522or
523(iii) a person designated by rule made by the rulemaking authority; or
524(b) for a procurement unit other than an independent procurement unit, the chief
525procurement officer or the chief procurement officer's designee who is an employee
526of the division[ ].
527   (63) "Public corporation" means the same as that term is defined in Section 63E-1-102.
528   (64) "Public entity" means the state or any other governmental entity within the state that
529expends public funds.
530   (65) "Public facility" means a building, structure, infrastructure, improvement, or other
531facility of a public entity.
532   (66) "Public funds" means money, regardless of its source, including from the federal
533government, that is owned or held by a procurement unit.
534   (67) "Public transit district" means a public transit district organized under Title 17B,
535Chapter 2a, Part 8, Public Transit District Act.
536   (68) "Public-private partnership" means an arrangement or agreement, occurring on or after
537January 1, 2017, between a procurement unit and one or more contractors to provide for
538a public need through the development or operation of a project in which the contractor
539or contractors share with the procurement unit the responsibility or risk of developing,
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540owning, maintaining, financing, or operating the project.
541   (69) "Qualified vendor" means a vendor who:
542(a) is responsible; and
543(b) submits a responsive statement of qualifications under Section 63G-6a-410 that
544meets the minimum mandatory requirements, evaluation criteria, and any applicable
545score thresholds set forth in the request for statement of qualifications.
546   (70) "Real property" means land and any building, fixture, improvement, appurtenance,
547structure, or other development that is permanently affixed to land.
548   (71) "Request for information" means a nonbinding process through which a procurement
549unit requests information relating to a procurement item.
550   (72) "Request for proposals" means a document used to solicit proposals to provide a
551procurement item to a procurement unit, including all other documents that are attached
552to that document or incorporated in that document by reference.
553   (73) "Request for proposals process" means the procurement process described in Part 7,
554Request for Proposals.
555   (74) "Request for statement of qualifications" means a document used to solicit information
556about the qualifications of a person interested in responding to a potential procurement,
557including all other documents attached to that document or incorporated in that
558document by reference.
559   (75) "Requirements contract" means a contract:
560(a) under which a contractor agrees to provide a procurement unit's entire requirements
561for certain procurement items at prices specified in the contract during the contract
562period; and
563(b) that:
564(i) does not require a minimum purchase amount; or
565(ii) provides a maximum purchase limit.
566   (76) "Responsible" means being capable, in all respects, of:
567(a) meeting all the requirements of a solicitation; and
568(b) fully performing all the requirements of the contract resulting from the solicitation,
569including being financially solvent with sufficient financial resources to perform the
570contract.
571   (77) "Responsive" means conforming in all material respects to the requirements of a
572solicitation.
573   (78) "Rule" [includes ] means a policy or regulation adopted by the rulemaking authority, if
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574adopting a policy or regulation is the method the rulemaking authority uses to adopt
575provisions that govern the applicable procurement unit.
576   (79) "Rulemaking authority" means:
577(a) for a legislative procurement unit, the Legislative Management Committee;
578(b) for a judicial procurement unit, the Judicial Council;
579(c)(i) only to the extent of the procurement authority expressly granted to the
580procurement unit by statute:
581(A) for the facilities division, the facilities division;
582(B) for the Office of the Attorney General, the attorney general;
583(C) for the Department of Transportation created in Section 72-1-201, the
584executive director of the Department of Transportation;
585(D) for the Department of Health and Human Services, the executive director of
586the Department of Health and Human Services; and
587(E) for any other executive branch department, division, office, or entity that has
588statutory procurement authority outside this chapter, the governing authority of
589the department, division, office, or entity; and
590(ii) for each other executive branch procurement unit, the board;
591(d) for a local government procurement unit:
592(i) the governing body of the local government unit; or
593(ii) an individual or body designated by the local government procurement unit;
594(e) for a school district or a public school, the board, except to the extent of a school
595district's own nonadministrative rules that do not conflict with the provisions of this
596chapter;
597(f) for an institution of higher education, the Utah Board of Higher Education;
598(g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
599State Board of Education;
600(h) for a public transit district, the chief executive of the public transit district;
601(i) for a special district other than a public transit district or for a special service district,
602the board, except to the extent that the board of trustees of the special district or the
603governing body of the special service district makes [its] the special service district's
604own rules:
605(i) with respect to a subject addressed by board rules; or
606(ii) that are in addition to board rules;
607(j) for the Utah Educational Savings Plan, created in Section 53H-10-202, the Utah
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608Board of Higher Education;
609(k) for the School and Institutional Trust Lands Administration, created in Section
61053C-1-201, the School and Institutional Trust Lands Board of Trustees;
611(l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the
612School and Institutional Trust Fund Board of Trustees;
613(m) for the Utah Communications Authority, established in Section 63H-7a-201, the
614Utah Communications Authority board, created in Section 63H-7a-203; or
615(n) for any other procurement unit, the board.
616   (80)(a) "Service"[:] means labor, effort, or work to produce a result that is beneficial to a
617procurement unit.
618[(a) means labor, effort, or work to produce a result that is beneficial to a procurement
619unit;]
620(b) "Service" includes a professional service[; and] .
621(c) "Service" does not include labor, effort, or work provided under an employment
622agreement or a collective bargaining agreement.
623   (81) "Small purchase process" means the procurement process described in Section
62463G-6a-506.
625   (82) "Sole source contract" means a contract resulting from a sole source procurement.
626   (83) "Sole source procurement" means a procurement without competition [pursuant to] in
627accordance with a determination under Subsection 63G-6a-802(1)(a) that there is only
628one source for the procurement item.
629   (84) "Solicitation" means an invitation for bids, request for proposals, or request for
630statement of qualifications.
631   (85) "Solicitation response" means:
632(a) a bid submitted in response to an invitation for bids;
633(b) a proposal submitted in response to a request for proposals; or
634(c) a statement of qualifications submitted in response to a request for statement of
635qualifications.
636   (86) "Special district" means the same as that term is defined in Section 17B-1-102.
637   (87) "Special service district" means the same as that term is defined in Section 17D-1-102.
638   (88) "Specification" means any description of the physical or functional characteristics or of
639the nature of a procurement item included in an invitation for bids or a request for
640proposals, or otherwise specified or agreed to by a procurement unit, including a
641description of:
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642(a) a requirement for inspecting or testing a procurement item; or
643(b) preparing a procurement item for delivery.
644   (89) "Standard procurement process" means:
645(a) the bidding process;
646(b) the request for proposals process;
647(c) the approved vendor list process;
648(d) the small purchase process; or
649(e) the design professional procurement process.
650   (90) "State cooperative contract" means a contract awarded by the division for and in behalf
651of all public entities.
652   (91) "Statement of qualifications" means a written statement submitted to a procurement
653unit in response to a request for statement of qualifications.
654   (92)(a) "Subcontractor"[:] means a person under contract to perform part of a contractual
655obligation under the control of the contractor, whether the person's contract is with
656the contractor directly or with another person who is under contract to perform part
657of a contractual obligation under the control of the contractor.
658[(a) means a person under contract to perform part of a contractual obligation under the
659control of the contractor, whether the person's contract is with the contractor directly
660or with another person who is under contract to perform part of a contractual
661obligation under the control of the contractor; and]
662(b) "Subcontractor" includes a supplier, distributor, or other vendor that furnishes
663supplies or services to a contractor.
664   (93) "Technology" means the same as "information technology," as defined in Section
66563A-16-102.
666   (94) "Tie bid" means that the lowest responsive bids of responsible bidders are identical in
667price.
668   (95) "Time and materials contract" means a contract under which the contractor is paid:
669(a) the actual cost of direct labor at specified hourly rates;
670(b) the actual cost of materials and equipment usage; and
671(c) an additional amount, expressly described in the contract, to cover overhead and
672profit, that is not based on a percentage of the cost to the contractor.
673   (96)(a) "Transitional costs" means the costs of changing:
674(i) from an existing provider of a procurement item to another provider of that
675procurement item; or
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676(ii) from an existing type of procurement item to another type.
677[(a) means the costs of changing:]
678[(i) from an existing provider of a procurement item to another provider of that
679procurement item; or]
680[(ii) from an existing type of procurement item to another type;]
681(b) "Transitional costs" includes:
682(i) training costs;
683(ii) conversion costs;
684(iii) compatibility costs;
685(iv) costs associated with system downtime;
686(v) disruption of service costs;
687(vi) staff time necessary to implement the change;
688(vii) installation costs; and
689(viii) ancillary software, hardware, equipment, or construction costs[; and] .
690(c) "Transitional costs" do not include:
691(i) the costs of preparing for or engaging in a procurement process; or
692(ii) contract negotiation or drafting costs.
693[(c) does not include:]
694[(i) the costs of preparing for or engaging in a procurement process; or]
695[(ii) contract negotiation or drafting costs.]
696   (97)(a) "Vendor"[:] means a person who is seeking to enter into a contract with a
697procurement unit to provide a procurement item.
698[(a) means a person who is seeking to enter into a contract with a procurement unit to
699provide a procurement item; and]
700(b) "Vendor" includes:
701(i) a bidder;
702(ii) an offeror;
703(iii) an approved vendor;
704(iv) a design professional; and
705(v) a person who submits an unsolicited proposal under Section 63G-6a-712.
706Section 3. Repealer.
707This bill repeals:
708Section 58-64-101, Title.
709Section 58-64-102, Definitions.
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710Section 58-64-301, Licensure required -- License classifications.
711Section 58-64-302, Qualifications for licensure.
712Section 58-64-303, Term of license -- Expiration -- Renewal.
713Section 58-64-304, Exemptions from licensure.
714Section 58-64-305, Status of licenses held on the effective date of this chapter.
715Section 58-64-401, Grounds for denial of license -- Disciplinary proceedings.
716Section 58-64-501, Unlawful conduct.
717Section 58-64-502, Unprofessional conduct.
718Section 58-64-601, Deception detection instruments.
719Section 58-64-701, State preemption of local regulation.
720Section 58-84-101, Title.
721Section 58-84-102, Definitions.
722Section 58-84-103, Rulemaking.
723Section 58-84-201, Qualifications for state certification.
724Section 58-84-202, Term of state certification.
725Section 58-84-203, Limitation of state certification.
726Section 58-84-301, Unlawful conduct.
727Section 58-86-101, Title and scope.
728Section 58-86-102, Definitions.
729Section 58-86-103, Rulemaking.
730Section 58-86-201, State certification required.
731Section 58-86-202, Qualifications for state certification.
732Section 58-86-203, Term of state certification -- Expiration -- Renewal.
733Section 58-86-204, Continuing education.
734Section 58-86-205, Grounds for denial of state certification -- Disciplinary proceedings.
735Section 58-86-206, Exemptions from state certification.
736Section 58-86-301, Unlawful conduct.
737Section 58-86-302, Penalty for unlawful conduct.
738Section 58-86-401, State certification number and signature.
739Section 78A-2-403, Appointment of court reporters -- Eligibility.
740Section 4. Effective Date.
741   This bill takes effect on May 6, 2026.
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