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                  SB 12
              ADVISORY COUNCIL ON INTERGOVERNMENTAL
              RELATIONS AMENDMENTS
              1996 GENERAL SESSION
              STATE OF UTAH
              Sponsor: LeRay McAllister
          AN ACT RELATING TO THE ADVISORY COUNCIL ON INTERGOVERNMENTAL
          RELATIONS; CLARIFYING MEMBERSHIP REQUIREMENTS; CLARIFYING POWERS;
          AND MAKING TECHNICAL CORRECTIONS.
          This act affects sections of Utah Code Annotated 1953 as follows:
          AMENDS:
          11-33-3 , as last amended by Chapter 35, Laws of Utah 1995
          11-33-4 , as last amended by Chapter 169, Laws of Utah 1988
          Be it enacted by the Legislature of the state of Utah:
              Section 1. Section 11-33-3 is amended to read:
              11-33-3. Composition of council -- Appointment -- Terms -- Officers -- Vacancies --
          Quorum.
              (1) As used in this section:
              (a) "Cabinet level officials" means executive directors of departments and others who
          serve on the governor's cabinet[; and].
              (b) "Cabinet level officials" includes the state superintendent of public instruction.
              (2) (a) The council [comprises] shall consist of 21 members appointed as follows:
              [(a)] (i) two members of the Senate appointed by the president of the Senate;
              [(b)] (ii) four members of the House of Representatives appointed by the speaker of the
          House of Representatives;
              [(c)] (iii) six cabinet level officials appointed by the governor, or the cabinet level officials'
          designees;
              [(d)] (iv) four municipal officials appointed by the governor;
              [(e)] (v) four county officials appointed by the governor; and
              [(f)] (vi) one citizen appointed by the governor.
              (b) The council may not appoint any additional members, either voting or nonvoting, to
          serve on the council.
              (3) Each member of the council who is a public officer shall perform the duties of a member
          of the council as additional duties required of him in his other official capacity.
              (4) (a) The president and speaker shall appoint legislative members to two-year terms that
          correspond to their terms of office.
              (b) The governor shall appoint all other members to staggered four-year terms.
              (c) Members may not serve longer than eight years.
              (5) (a) Not more than half of the local government members appointed by the governor who
          hold partisan offices may be from any one political party.
              (b) Not more than half of the state legislators appointed may be from any one political party.
              (6) (a) The council shall elect a chair and vice chair from among its members.
              [(b) The council may elect other officers that it finds necessary.]
              [(c)] (b) The chair and vice chair shall serve for one year and may be reelected.
              (c) If both the chair and vice chair are absent at any meeting, the voting members present
          shall elect a temporary chair by a majority vote.
              (d) The council may elect other officers from among its members that it finds necessary.
              (7) (a) If a representative of the counties or of the municipalities or a legislator ceases to be
          an officer or member of the entity that he is appointed to represent, his membership on the council
          terminates immediately.
              (b) The original appointing authority shall fill the vacancy within 30 days by appointing a
          qualified person to serve out the unexpired term.
              (8) The presiding officers of the Legislature shall be guided in their appointments by
          consideration of the legislators' expertise, interest, and experience, including legislative committee
          service in the field of intergovernmental relations.
              (9) Twelve members of the council are a quorum.
              Section 2. Section 11-33-4 is amended to read:
              11-33-4. Functions and duties.

    - 2 -
              The council shall [carry out the following functions and duties]:
              (1) serve as a forum for the discussion and resolution of intergovernmental problems;
              (2) engage in [such] activities [and make such], studies, and investigations [as are necessary
          or desirable in the accomplishment of] to accomplish the purposes set forth in Section 11-33-1 ;
              (3) consider, on its own initiative, ways and means of fostering better relations among
          general and special purpose local governments and between local governments and state
          government;
              (4) draft and disseminate legislative bills, constitutional amendments, and model local
          ordinances necessary to implement recommendations of the council;
              (5) encourage, and where appropriate[,] coordinate, studies [relative] relating to
          intergovernmental relations conducted by universities, state, local, federal agencies, and research and
          consulting organizations; and
              (6) review the recommendation of national commissions studying federal, state, and local
          government relationships and problems and assess their possible application to Utah.

    - 3 -


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