First Substitute H.B. 280

Representative Wayne A. Harper proposes the following substitute bill:

1 STATE AGENCY REALIGNMENT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Stuart C. Reid
6
7 LONG TITLE
8 General Description:
9 This bill creates an advisory council in the Governor's Programs Code to study and
10 make recommendations on the consolidation of state agencies to achieve efficiencies in
11 state government.
12 Highlighted Provisions:
13 This bill:
14 . establishes the Advisory Council on Optimizing and Streamlining State
15 Government;
16 . establishes the membership of the advisory council;
17 . specifies the duties of the advisory council, which include the study of consolidating
18 state agencies, executive directors of state agencies, and functions of state agencies
19 to achieve efficiencies in services of state government; and
20 . requires reports to the governor and the Legislature.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:

26 AMENDS:
27 63I-2-263, as last amended by Laws of Utah 2010, Chapter 224
28 ENACTS:
29 63M-12-101, Utah Code Annotated 1953
30 63M-12-201, Utah Code Annotated 1953
31 63M-12-202, Utah Code Annotated 1953
32 63M-12-203, Utah Code Annotated 1953
33 63M-12-204, Utah Code Annotated 1953
34 63M-12-301, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 63I-2-263 is amended to read:
38 63I-2-263. Repeal dates, Title 63A to Title 63M.
39 (1) Subsection 63G-1-401 (5) is repealed on May 10, 2011.
40 (2) Title 63M, Chapter 12, Advisory Council on Optimizing and Streamlining State
41 Government Act, is repealed January 1, 2012.
42 Section 2. Section 63M-12-101 is enacted to read:
43 CHAPTER 12. ADVISORY COUNCIL ON OPTIMIZING AND
44 STREAMLINING STATE GOVERNMENT ACT
45 Part 1. General Provisions
46 63M-12-101. Title.
47 This chapter is known as the "Advisory Council on Optimizing and Streamlining State
48 Government Act."
49 Section 3. Section 63M-12-201 is enacted to read:
50 Part 2. Commission Members
51 63M-12-201. Creation -- Purpose.
52 (1) There is established the Advisory Council on Optimizing and Streamlining State
53 Government.
54 (2) (a) The Governor's Office of Planning and Budget shall provide administrative
55 support for the advisory council.
56 (b) The executive directors of the departments of state government shall provide

57 information to, and services requested by, the advisory council.
58 Section 4. Section 63M-12-202 is enacted to read:
59 63M-12-202. Members -- Appointment -- Terms -- Vacancies -- Expenses.
60 (1) The advisory council shall consist of up to 18 members as follows:
61 (a) 16 members to be appointed by the governor as follows:
62 (i) representatives from stakeholders who receive services from state agencies or are
63 regulated by state agencies;
64 (ii) leaders in the business community; and
65 (iii) no more than two executive directors of state departments; and
66 (b) (i) one member from the Senate appointed by the president of the Senate; and
67 (ii) one member of the House of Representatives appointed by the speaker of the House
68 of Representatives.
69 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
70 appointed by the governor for the remainder of the unexpired term.
71 (3) A member may not receive compensation or benefits for the member's service.
72 Section 5. Section 63M-12-203 is enacted to read:
73 63M-12-203. Qualifications of members.
74 (1) Members appointed to the advisory council shall have the following qualifications:
75 (a) a demonstrated record of leadership and involvement; and
76 (b) a willingness to make a commitment to the furtherance of the purposes of the
77 advisory council.
78 (2) The advisory council may make recommendations to the governor concerning
79 appointment of members.
80 Section 6. Section 63M-12-204 is enacted to read:
81 63M-12-204. Election of chair -- Meetings.
82 The governor shall appoint a chair, and the council members may appoint other officers
83 from its membership. The advisory council shall meet in regular meetings and may meet at
84 special meetings at the request of the chair or the governor. The advisory council may form
85 subcommittees and involve stake-holders, industry leaders, and others as it determines is
86 appropriate.
87 Section 7. Section 63M-12-301 is enacted to read:

88 Part 3. Duties
89 63M-12-301. Duties.
90 The advisory council shall:
91 (1) consider the consolidation of the departments of state government to:
92 (a) reduce administrative costs associated with running multiple departments of state
93 government;
94 (b) incorporate management and best business models for a number of cabinet-level
95 members who report to the governor;
96 (c) streamline services of state departments in a manner that is in the best interest of
97 the state;
98 (d) improve the efficiency of government; and
99 (e) reduce the cost of government;
100 (2) consider the advantages and disadvantages on consolidating departments, agencies
101 or offices;
102 (3) consider the implementation of department consolidation and internal
103 organizational changes necessary to complete the re-alignment of responsibilities if a
104 consolidation of departments is recommended, including identifying employees and functions
105 that would transfer to a consolidated department, and the organization of offices, boards, and
106 divisions within a consolidated department;
107 (4) in accordance with Subsection (3), consider plans and options for reorganization
108 and consolidation of state government, with input from stake holders, legislators, the business
109 community, proposals considered during the Legislature's 2011 General Session, and the 2010
110 Governor's Commission on Optimizing Government; and
111 (5) (a) provide a report to the governor on or before October 19, 2011; and
112 (b) report to the Legislature's Government Operations Interim Committee on or before
113 October 19, 2011; and
114 (c) report to the Legislative Management Committee on or before December 15, 2011.