63I-4-202 - Privatization Policy Board -- Duties.
63I-4-202. Privatization Policy Board -- Duties.
(1) The board shall:
(a) review whether or not a good or service provided by an agency could be privatized toprovide the same types and quality of a good or service that would result in cost savings;
(b) review privatization of a good or service at the request of:
(i) an agency; or
(ii) a private enterprise;
(c) review issues concerning agency competition with one or more private enterprises todetermine:
(i) whether privatization:
(A) would be feasible;
(B) would result in cost savings; and
(C) would result in equal or better quality of a good or service; and
(ii) ways to eliminate any unfair competition with a private enterprise;
(d) recommend privatization to an agency if a proposed privatization is demonstrated toprovide a more cost efficient and effective manner of providing a good or service;
(e) comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in makingrules establishing privatization standards, procedures, and requirements;
(f) maintain communication with and access information from, other entities promotingprivatization;
(g) comply with Part 3, Commercial Activities Inventory and Review; and
(h) (i) prepare an annual report for each calendar year that contains:
(A) information about the board's activities;
(B) recommendations on privatizing a good or service provided by an agency; and
(C) the status of the inventory created under Part 3, Commercial Activities Inventory andReview;
(ii) submit the annual report to the Legislature and the governor by no later than January15 immediately following the calendar year for which the report is made; and
(iii) provide each interim an oral report to the Government Operations InterimCommittee.
(2) In addition to filing a copy of recommendations for privatization with an agencyhead, the board shall file a copy of its recommendations for privatization with:
(a) the governor's office; and
(b) the Office of Legislative Fiscal Analyst for submission to the relevant legislativeappropriation subcommittee.
(3) (a) The board may appoint advisory groups to conduct studies, research, or analyses,and make reports and recommendations with respect to a matter within the jurisdiction of theboard.
(b) At least one member of the board shall serve on each advisory group.
(4) (a) Subject to Subsection (4)(b), this chapter does not preclude an agency fromprivatizing the provision of a good or service independent of the board.
(b) If an agency privatizes the provision of a good or service, the agency shall include aspart of the contract that privatizes the provision of the good or service that any contractorassumes all liability to provide the good or service.
(5) The board may review upon the request of a local entity a matter relevant to:
(a) (i) privatization; or
(ii) unfair competition with one or more private enterprises; and
(b) an activity or proposed activity of the local entity.
Renumbered and Amended by Chapter 147, 2008 General Session