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