This document includes House Floor Amendments incorporated into the bill on Wed, Feb 3, 2021 at 4:07 PM by pflowers.
Representative Mike Winder proposes the following substitute bill:


1     
POST COUNCIL MEMBERSHIP AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Daniel W. Thatcher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the representatives on the POST Council.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds a representative from one of several law enforcement organizations to the
13     Peace Officer Standards and Training Council;
14          ▸     adds a representative from a non-profit civil rights organization to the Peace Officer
15     Standards and Training Council; and
16          ▸     reduces the number of at-large members on the Peace Officer Standards and
17     Training Council.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53-6-106, as last amended by Laws of Utah 2012, Chapters 108 and 296
25     


26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 53-6-106 is amended to read:
28          53-6-106. Creation of Peace Officer Standards and Training Council -- Purpose --
29     Membership -- Quorum -- Meetings -- Compensation.
30          (1) There is created the Peace Officer Standards and Training Council.
31          (2) The council shall serve as an advisory board to the director of the division on
32     matters relating to peace officer and dispatcher standards and training.
33          (3) The council includes:
34          (a) the attorney general or a designated representative;
35          (b) the superintendent of the highway patrol or a designated representative;
36          (c) the executive director of the Department of Corrections or a designated
37     representative; and
38          (d) [14] 15 additional members appointed by the governor having qualifications,
39     experience, or education in the field of law enforcement as follows:
40          (i) one incumbent mayor;
41          (ii) one incumbent county commissioner;
42          (iii) three incumbent sheriffs, one of whom is a representative of the Utah Sheriffs
43     Association, one of whom is from a county having a population of 100,000 or more, and one of
44     whom is from a county having a population of less than 100,000;
45          (iv) three incumbent police chiefs, one of whom is a representative of the Utah Chiefs
46     of Police Association, one of whom is from a city of the first or second class, and one of whom
47     is from a city of the third, fourth, or fifth class or town;
48          (v) a representative of the Utah Peace Officers Association;
49          (vi) an educator in the field of public administration, criminal justice, or a related area;
50     [and]
51          (vii) a current Ĥ→ [
or former] ←Ĥ Utah certified law enforcement officer Ĥ→ , employed
51a     in a non-supervisory role, ←Ĥ who represents the
52     Utah State Fraternal Order of Police, the Salt Lake Valley Law Enforcement Association, the
53     Salt Lake Police Association, or the Utah Highway Patrol Association;
54          (viii) a representative of a non-profit civil rights organization that represents minority
55     populations; and
56          [(vii)] (ix) [four] three persons selected at large by the governor.

57          (4) (a) Except as required by Subsection (4)(b), the [14] 15 members of the council
58     shall be appointed by the governor for four-year terms.
59          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
60     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
61     council members are staggered so that approximately half of the council is appointed every two
62     years.
63          (c) A member may be reappointed for additional terms.
64          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
65     appointed for the unexpired term by the governor from the same category in which the vacancy
66     occurs.
67          (5) A member of the council ceases to be a member:
68          (a) immediately upon the termination of the member's holding the office or
69     employment that was the basis for eligibility to membership on the council; or
70          (b) upon two unexcused absences in one year from regularly scheduled council
71     meetings.
72          (6) The council shall select a chair and vice chair from among its members.
73          (7) Ten members of the advisory council constitute a quorum.
74          (8) (a) Meetings may be called by the chair, the commissioner, or the director and shall
75     be called by the chair upon the written request of nine members.
76          (b) Meetings shall be held at the times and places determined by the director.
77          (9) The council shall meet at least two times per year.
78          (10) A member may not receive compensation or benefits for the member's service, but
79     may receive per diem and travel expenses in accordance with:
80          (a) Section 63A-3-106;
81          (b) Section 63A-3-107; and
82          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
83     63A-3-107.
84          (11) Membership on the council does not disqualify any member from holding any
85     other public office or employment.