The Free Market Protection and Privatization Board was eliminated by H.B. 387 Boards and Commissions Amendments in the 2019 General Session.

The Utah State Privatization Policy Board was established by the State Legislature in 1989 by the Privatization Policy Board Act to study and make recommendations to state and local agencies regarding effective privatization of government services. This includes reviewing whether or not certain services provided by existing state agencies could be privatized to provide the same type and quality of service at less cost. The statute specifically states that the Board shall review specific requests for privatization and consider issues relating to “unfair competition” with the private sector. Second, the Board shall make recommendations to state agencies and the legislature regarding the privatization of services. The statute defines privatization as “action by a state agency to contract with the private sector or another state agency to perform functions or services…”[See Utah Privatization Policy Board Act, U.C.A 63I-4 and [U.C.A. 63-55a-1.(3)]. An Annual Report is required [UCA 63I-4-202(1)(h)(iii) (2012)]

The Board serves an advisory role to the Legislature and since 2008 has reported to the Government Operations Interim Committee (formerly the Government Operations and Political Subdivisions Interim Committee). Prior to 2008 the Board reported to the Government Competition and Privatization Subcommittee. It prepares and submits an annual report to the Governor and Legislature.

The Board consists of 17 members appointed by the governor: two senators, two representatives, two members representing public employees, from names recommended by UPEA, one member from state management, eight members from the private business community, one member representing the Utah League of Cities and Towns, and one member representing the Utah Association of Counties. The UPEA representation is to give public employees a fair voice during privitazation discussions.

The original version of H.B. 94 (2013), renamed the Board as the Free Market Protection and Privatization Board; eliminated the Senate, House, state mangement seat, ULCT seat, UAC seat, and the two UPEA seats on the Board replacing them with the State Auditor and members from the business community; and changed certain duties of the Board in considering consider whether to recommend privatization of an activity provided by an agency, a local entity, or a state institution of higher education; and created an updated inventory of competitive activities every two years. UPEA strongly objected to this and were given its’ two seats back in the final draft of the bill. As it now exists, Along with two representatives of UPEA, the board is composed of four members of the legislature- two Democrats and two Republicans, a state manager, seven members of the business community, and one member each from the Utah League of Cities and Towns, the Utah Association of Counties, and the Utah Association of Special Districts.