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