This text of Utah § 53-22-108 (School safety foundation.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)As used in this section:
(1)(a) "Authorized foundation" means a nonprofit foundation that:
(1)(a)(i) meets the requirements of this section; and
(1)(a)(ii) the state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802.
(1)(b) "School safety product" means equipment, technology, service, or material that enhances school safety and security.
(2)The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:
(2)(a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
(2)(b) has operated continuously in the state for three or more years;
(2)(c) maintains a primary mission focused on school safety;
(2)(d) operates under a board of directors that includes:
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(1) As used in this section:
(1)(a) "Authorized foundation" means a nonprofit foundation that:
(1)(a)(i) meets the requirements of this section; and
(1)(a)(ii) the state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802.
(1)(b) "School safety product" means equipment, technology, service, or material that enhances school safety and security.
(2) The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:
(2)(a) maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);
(2)(b) has operated continuously in the state for three or more years;
(2)(c) maintains a primary mission focused on school safety;
(2)(d) operates under a board of directors that includes:
(2)(d)(i) a law enforcement representative;
(2)(d)(ii) an educator or school administrator; and
(2)(d)(iii) an emergency management professional;
(2)(e) demonstrates financial stability through:
(2)(e)(i) an annual independent audit;
(2)(e)(ii) maintained reserves; and
(2)(e)(iii) a clean financial record; and
(2)(f) provides evidence of:
(2)(f)(i) successful project management;
(2)(f)(ii) an existing relationship with an educational institution; and
(2)(f)(iii) knowledge of school safety requirements described in federal and state law.
(3) A foundation seeking authorization shall submit to the state security chief:
(3)(a) a written application that demonstrates compliance with Subsection (2);
(3)(b) a financial record for the previous three years;
(3)(c) a current board member qualification;
(3)(d) a proposed school safety initiative; and
(3)(e) an internal procurement policy for purchases not made from a state cooperative contract.
(4) The state security chief shall:
(4)(a) review an application within 60 days;
(4)(b) request additional information if needed;
(4)(c) issue a written decision; and
(4)(d) maintain a public record of an authorized foundation, including records related to the approval process of an authorized foundation.
(5) An authorized foundation may:
(5)(a) use a state cooperative contract in accordance with Section 63G-6a-2105;
(5)(b) make a bulk purchase of a school safety product; and
(5)(c) in coordination with the state security chief and the School Safety Center:
(5)(c)(i) facilitate a donation of a school safety product; and
(5)(c)(ii) distribute a product to a school.
(6) An authorized foundation shall:
(6)(a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract;
(6)(b) maintain separate accounting for a school safety purchase;
(6)(c) by August 1 of each year, submit an annual report to the state security chief that includes:
(6)(c)(i) any product procured through a state cooperative contract;
(6)(c)(ii) the annual independent audit required in Subsection (2)(e);
(6)(c)(iii) all schools served;
(6)(c)(iv) the total value of a donation facilitated; and
(6)(c)(v) a compliance certification; and
(6)(d) renew authorization every three years.
(7) The state security chief:
(7)(a) may revoke authorization if the authorized foundation:
(7)(a)(i) fails to maintain a requirement of this section;
(7)(a)(ii) engages in financial mismanagement; or
(7)(a)(iii) submits false information in a report required by this section; and
(7)(b) shall, before revoking authorization:
(7)(b)(i) provide written notice to the foundation;
(7)(b)(ii) allow a 30-day period to remedy the violation;
(7)(b)(iii) provide an opportunity for a hearing; and
(7)(b)(iv) issue a final written decision.
(8) Authorization under this section does not:
(8)(a) create state liability;
(8)(b) imply state endorsement;
(8)(c) override a local procurement requirement; and
(8)(d) exempt the foundation from an applicable law.