63E-1-302. Review by committee required for creating an independent entity.
(1)
If a government requestor proposes that the Legislature create an independent entity, that government requestor shall request that the committee review the proposal.
Terms Used In Utah Code 63E-1-302
Committee: means the Retirement and Independent Entities Committee created by Section 63E-1-201. See Utah Code 63E-1-102
government requestor: means :
(1)
the governor;
(2)
an executive branch officer other than the governor;
(3)
an executive branch agency;
(4)
a legislator, including a legislative sponsor of legislation creating an independent entity; or
Independent entity: means an entity having a public purpose relating to the state or its citizens that is individually created by the state or is given by the state the right to exist and conduct its affairs as an:
Oversight: Committee review of the activities of a Federal agency or program.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
(2)
After receiving a request for review under Subsection (1), the chairs of the committee:
(a)
shall schedule a meeting of the committee to review the proposal; and
(b)
may request information from executive and legislative branch entities and officers concerning the proposal including:
(i)
whether or not the proposed independent entity should be exempt from any statestatute;
(ii)
the need for oversight of the proposed independent entity by an executive branch agency;
(iii)
the need for and requirements of audits of the proposed independent entity;
(iv)
the custody of the proposed independent entity’s funds;
(v)
the legal representation of the proposed independent entity;
(vi)
whether or not the state should receive services from or provide services to the proposed independent entity; and
(vii)
the legal liability, if any, to the state if the proposed independent entity is created.
(3)
In requesting information from executive and legislative branch entities or officers under Subsection (2), the committee should specifically consider seeking information from:
(a)
the state auditor;
(b)
the state treasurer;
(c)
the attorney general;
(d)
the risk manager; and
(e)
the executive director of the Department of Government Operations.
