H.B.
76
GOVERNMENT COMPETITION AND PRIVATIZATION ACT
house committee
Amendments
Amendment 3 January 25, 2008 10:08 am
Representative Craig A. Frank
proposes the following amendments:
1. Page
1, Lines 25 through 26
:
25
. imposes requirements for when a
{
government
}
state
entity may compete with a private
26
enterprise;
. imposes guidelines for when a local entity competes with a private enterprise;
2. Page
12, Line 348 through Page 13, Line 374
:
348
63-55d-302. Local commission duties.
349
(1)
(a)
A local commission shall
{
follow a procedure substantially similar
}
adopt one or
more procedures
to:
350
{
(a) Part 4, Government Competition Requirements, to
}
(i)
review
{
or approve
}
a
commercial
351
activity of a local entity;
352
{
(b) Part 5, Privatization Requirements, to
}
(ii)
review privatization of an activity of a local
353
entity; and
354
{
(c) Part 6, Enforcement, if
}
(iii) review
a complaint
{
is
}
filed with the local
commission
{
in a manner
355
substantially similar to Section
63-55d-602
}
.
(b) A local commission may only make recommendations to the governing body of a local entity for
action.
356
(2) A local commission shall communicate with:
357
(a) the state commission concerning government competition and privatization; and
358
(b) other private or public entities that address government competition with a private
359
enterprise or privatization.
360
(3) A local commission shall:
361
(a) prepare an annual report that:
362
(i) describes the local commission's activities, including the local commission's
{
actions
}
recommendations
363
with respect to a complaint filed with the local commission; and
364
(ii) makes recommendations to address an activity of a local entity that the local
365
commission finds:
366
(A) is in competition with a private enterprise; or
367
(B) should be privatized; and
368
(b) submit the annual report by no later than December 1 to the state commission.
369
Section 8.
Section
63-55d-303
is enacted to read:
370
63-55d-303. Local entity and commercial activities.
371
A local entity
{
is subject to the same
}
shall use the
requirements
{
as
}
of
a state
entity under Part 4,
372
Government Competition Requirements,
{
except that the local commission created by the local
373
entity or by an interlocal agreement in which the local entity participates grants approval in the
374
same manner as the state commission for a state entity
}
as a guideline to address when a local entity
competes with a private enterprise
.
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