Representative Kay J. Christofferson proposes the following substitute bill:


1     
FREE MARKET PROTECTION AND PRIVATIZATION

2     
BOARD REVISIONS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kay J. Christofferson

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Free Market Protection and Privatization Board Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the size and membership of the Free Market Protection and Privatization
14     Board; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2020:
18          ▸     to Governor's Office - Governor's Office of Management and Budget - Operational
19     Excellence, as an ongoing appropriation:
20               •     from the General Fund, $70,000.
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63I-4a-202, as last amended by Laws of Utah 2014, Chapters 189 and 387
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 63I-4a-202 is amended to read:
29          63I-4a-202. Free Market Protection and Privatization Board -- Created --
30     Membership -- Operations -- Expenses.
31          (1) (a) There is created the Free Market Protection and Privatization Board composed
32     of [17] 11 members.
33          (b) The governor shall appoint board members as follows:
34          [(i) two senators, one each from the majority and minority political parties, from names
35     recommended by the president of the Senate;]
36          [(ii) two representatives, one each from the majority and minority political parties,
37     from names recommended by the speaker of the House of Representatives;]
38          (i) three members of the Legislature, from names recommended by the president of the
39     Senate and the speaker of the House of Representatives, no more than two of whom may be
40     from the same house of the Legislature and no more than two of whom may be from the same
41     political party;
42          [(iii) two members]
43          (ii) one member representing public employees, from names recommended by the
44     largest public employees' association in the state;
45          [(iv)] (iii) one member from state management;
46          [(v) seven]
47          (iv) four members from the private business community; and
48          [(vi) one member representing the Utah League of Cities and Towns from names
49     recommended by the Utah League of Cities and Towns;]
50          [(vii) one member representing the Utah Association of Counties from names
51     recommended by the Utah Association of Counties; and]
52          [(viii) one member representing the Utah Association of Special Districts, from names
53     recommended by the Utah Association of Special Districts.]
54          (v) two members representing local entities, from names recommended by the Utah
55     League of Cities and Towns, the Utah Association of Counties, and the Utah Association of
56     Special Districts.
57          (2) (a) Except as provided in Subsection (2)(b), a board member shall serve a two-year
58     term.
59          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, before
60     July 1, 2019, and at the time of appointment or reappointment, adjust the length of terms to
61     ensure that the terms of board members are staggered so that approximately half of the board is
62     appointed every year.
63          (3) (a) A board member shall hold office until the board member's successor is
64     appointed and qualified.
65          (b) When a vacancy occurs in the membership for any reason, the governor shall
66     appoint a replacement [shall be appointed] for the unexpired term.
67          (c) [Nine] Six members of the board constitute a quorum.
68          (d) The vote of a majority of board members voting when a quorum is present is
69     necessary for the board to act.
70          (4) (a) The board shall select one of the members to serve as chair of the board.
71          (b) A chair shall serve as chair for a term of one-year, and may be selected as chair for
72     more than one term.
73          (5) The Governor's Office of Management and Budget shall staff the board. The board
74     may contract for additional staff from the private sector under Section 63I-4a-204.
75          (6) The board shall meet:
76          (a) at least quarterly; and
77          (b) as necessary to conduct [its] the board's business, as called by the chair.
78          (7) (a) A member who is not a legislator may not receive compensation or benefits for
79     the member's service, but may receive per diem and travel expenses as allowed in:
80          (i) Section 63A-3-106;
81          (ii) Section 63A-3-107; and
82          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
83     63A-3-107.
84          (b) Compensation and expenses of a member who is a legislator are governed by
85     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
86          Section 2. Appropriation.
87          The following sums of money are appropriated for the fiscal year beginning July 1,
88     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
89     fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
90     Act, the Legislature appropriates the following sums of money from the funds or accounts
91     indicated for the use and support of the government of the state of Utah.
92     ITEM 1
93          To Governor's Office - Governor's Office of Management and Budget
94               From General Fund
$70,000

95               Schedule of Programs:
96                    Operational Excellence                    $70,000
97          The Legislature intends that the Governor's Office of Management and Budget use the
98     appropriation under this item to fund a half full-time equivalent employee to provide staff
99     support to the Free Market Protection and Privatization Board created in Section 63I-4a-202.