Representative Mike Winder proposes the following substitute bill:


1     
POST COUNCIL MEMBERSHIP AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: Daniel W. Thatcher

6     Cosponsors:
7     Matthew H. Gwynn
Sandra Hollins
Karen Kwan
Ryan D. Wilcox
8     

9     LONG TITLE
10     General Description:
11          This bill modifies the representatives on the Peace Officer Standards and Training
12     (POST) Council.
13     Highlighted Provisions:
14          This bill:
15          ▸     adds a certified law enforcement officer to the POST Council;
16          ▸     reduces the number of at-large members on the POST Council; and
17          ▸     makes technical changes.
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 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] one representative of the Utah Peace Officers Association;
49          (vi) [an] one educator in the field of public administration, criminal justice, or a related
50     area; [and]
51          (vii) one current Utah certified law enforcement officer, employed in a non-supervisory
52     role, rotated every term; and
53          [(vii) four] (viii) three persons selected at large by the governor.
54          (4) (a) Except as required by Subsection (4)(b), the 14 members of the council shall be
55     appointed by the governor for four-year terms.

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