1. (1) As used in this section:

   1. (a) "Authorized foundation" means a nonprofit foundation that:

      1. (i) meets the requirements of this section; and
      2. (ii) the state security chief authorizes in consultation with the School Safety Center created in Section 53G-8-802.
   2. (b) "School safety product" means equipment, technology, service, or material that enhances school safety and security.

2. (2) The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:

   1. (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;
   3. (c) maintains a primary mission focused on school safety;

   4. (d) operates under a board of directors that includes:

      1. (i) a law enforcement representative;
      2. (ii) an educator or school administrator; and
      3. (iii) an emergency management professional;

   5. (e) demonstrates financial stability through:

      1. (i) an annual independent audit;
      2. (ii) maintained reserves; and
      3. (iii) a clean financial record; and

   6. (f) provides evidence of:

      1. (i) successful project management;
      2. (ii) an existing relationship with an educational institution; and
      3. (iii) knowledge of school safety requirements described in federal and state law.

3. (3) A foundation seeking authorization shall submit to the state security chief:

   1. (a) a written application that demonstrates compliance with Subsection (2);
   2. (b) a financial record for the previous three years;
   3. (c) a current board member qualification;
   4. (d) a proposed school safety initiative; and
   5. (e) an internal procurement policy for purchases not made from a state cooperative contract.

4. (4) The state security chief shall:

   1. (a) review an application within 60 days;
   2. (b) request additional information if needed;
   3. (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. (5) An authorized foundation may:

   1. (a) use a state cooperative contract in accordance with Section 63G-6a-2105;
   2. (b) make a bulk purchase of a school safety product; and

   3. (c) in coordination with the state security chief and the School Safety Center:

      1. (i) facilitate a donation of a school safety product; and
      2. (ii) distribute a product to a school.

6. (6) An authorized foundation shall:

   1. (a) follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract;
   2. (b) maintain separate accounting for a school safety purchase;

   3. (c) by August 1 of each year, submit an annual report to the state security chief that includes:

      1. (i) any product procured through a state cooperative contract;
      2. (ii) the annual independent audit required in Subsection (2)(e);
      3. (iii) all schools served;
      4. (iv) the total value of a donation facilitated; and
      5. (v) a compliance certification; and
   4. (d) renew authorization every three years.

7. (7) The state security chief:

   1. (a) may revoke authorization if the authorized foundation:

      1. (i) fails to maintain a requirement of this section;
      2. (ii) engages in financial mismanagement; or
      3. (iii) submits false information in a report required by this section; and

   2. (b) shall, before revoking authorization:

      1. (i) provide written notice to the foundation;
      2. (ii) allow a 30-day period to remedy the violation;
      3. (iii) provide an opportunity for a hearing; and
      4. (iv) issue a final written decision.

8. (8) Authorization under this section does not:

   1. (a) create state liability;
   2. (b) imply state endorsement;
   3. (c) override a local procurement requirement; and
   4. (d) exempt the foundation from an applicable law.

Enacted by Chapter 388, 2025 General Session