First Substitute S.B. 45

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 or second 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

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:
33 (i) that is not a core governmental activity; and
34 (ii) 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 (A) who is not an entity of the federal government, state government, or a political
37 subdivision of the state; and
38 (B) 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 or second class shall by no later than June
47 30, 2009, create an inventory of activities of the city or an entity created by the city to classify
48 whether an activity is:
49 (a) a competitive activity; or
50 (b) an inherently governmental activity.
51 (3) The governing body of a city of the first or second class shall update the 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
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:
62 (i) that is not a core governmental activity; and
63 (ii) 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 (A) who is not an entity of the federal government, state government, or a political
66 subdivision of the state; and
67 (B) 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 or second class shall by no later than
76 June 30, 2009, create an inventory of activities of the county or an entity created by the county
77 to classify whether an activity is:
78 (a) a competitive activity; or
79 (b) an inherently governmental activity.
80 (3) The governing body of a county of the first or second 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.