First Substitute S.B. 45

Text Box
- 1 -

House Floor Amendments 2-22-2008 dd/po This document includes House Committee Amendments incorporated into the bill on Tue, Feb 19, 2008 at 11:46 AM by jeyring. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 22, 2008 at 12:23 PM by ddonat. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Fri, Feb 22, 2008 at 12:50 PM by ddonat. --> Senator Howard A. Stephenson proposes the following substitute bill:

1 INVENTORY FOR COMPETITIVE
2 ACTIVITIES OF LOCAL ENTITIES
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Howard A. Stephenson
6 House Sponsor: Craig A. Frank
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions applicable to specified local entities to address inventories
11 for competitive activities.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires a county or city of the first H. [ or second ] .H class to create an inventory of
16 activities; and
17 . requires reporting and disclosure of the inventory.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 10-1-119, Utah Code Annotated 1953
25 17-50-106, Utah Code Annotated 1953

Text Box

House Floor Amendments 2-22-2008 dd/po

- 2 -

House Committee Amendments 2-19-2008 je/po 26

27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-1-119 is enacted to read:
29 10-1-119. Inventory of competitive activities.
30 (1) As used in this section:
31 (a) "Competitive activity" means an activity engaged in by a city or an entity created by
32 the city H. [ :
33 (i) that is not a core governmental activity; and
34 (ii) ] .H by which the city or an entity created by the city provides a good or service that is
35 substantially similar to a good or service that is provided by a person:
36 H. [ (A) ] (i) .H who is not an entity of the federal government, state government, or
36a a political
37 subdivision of the state; and
38 H. [ (B) ] (ii) .H within the boundary of the county in which the city is located.
39 (b) (i) Subject to Subsection (1)(b)(ii), "entity created by the city" includes:
40 (A) an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
41 Cooperation Act, in which the city participates; and
42 (B) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special
43 Service District Act.
44 (ii) "Entity created by the city" does not include a local district created by a city under
45 Title 17B, Limited Purpose Local Government Entities - Local Districts.
46 (2) The governing body of a city of the first H. [ or second ] .H class shall by no
46a later than June
47 30, 2009, create an inventory of activities of the city or an entity created by the city to H. :
47a (a) .H classify
48 whether an activity is H. [ :
49 (a) ] .H a competitive activity; H. [ or
50 (b) an inherently governmental activity ] and
50a (b) identify efforts that have been made to privatize aspects of the activity .H .
51 (3) The governing body of a city of the first H. [ or second ] .H class shall update the
51a inventory
52 created under this section at least every two years.
53 (4) The city shall:
54 (a) provide a copy of the inventory and an update to the inventory to the Privatization

Text Box
- 3 -

House Committee Amendments 2-19-2008 je/po Text Box
corrected - House Floor Amendments 2-22-2008 dd/po

55 Policy Board created in Title 63, Chapter 55a, Privatization Policy Board; and
56 (b) make the inventory available to the public through electronic means.
57 Section 2. Section 17-50-106 is enacted to read:
58 17-50-106. Inventory of competitive activities.
59 (1) As used in this section:
60 (a) "Competitive activity" means an activity engaged in by a county or an entity created
61 by the county H. [ :
62 (i) that is not a core governmental activity; and
63 (ii) ] .H by which the county or an entity created by the county provides a good or service
64 that is substantially similar to a good or service that is provided by a person:
65 H. [ (A) ] (i) .H who is not an entity of the federal government, state government,
65a or a political
66 subdivision of the state; and
67 H. [ (B) ] (ii) .H within the boundary of the county.
68 (b) (i) Subject to Subsection (1)(b)(ii), "entity created by the county" includes:
69 (A) an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
70 Cooperation Act, in which the county participates; and
71 (B) a special service district created under Title 17A, Chapter 2, Part 13, Utah Special
72 Service District Act.
73 (ii) "Entity created by the county" does not include a local district created by a county
74 under Title 17B, Limited Purpose Local Government Entities - Local Districts.
75 (2) The governing body of a county of the first H. [ or second ] .H class shall by no
75a later than
76 June 30, 2009, create an inventory of activities of the county or an entity created by the county
77 to H. :
77a (a) .H classify whether an activity is H. [ :
78 (a) ] .H a competitive activity; H. [ or
79 (b) an inherently governmental activity ] and
79a (b) identify efforts that have been made to privatize aspects of the activity .H .
80 (3) The governing body of a county of the first H. [ or second ] .H class shall update the
81 inventory created under this section at least every two years.
82 (4) The county shall:
83 (a) provide a copy of the inventory and an update to the inventory to the Privatization
84 Policy Board created in Title 63, Chapter 55a, Privatization Policy Board; and
85 (b) make the inventory available to the public through electronic means.