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7 LONG TITLE
8 General Description:
9 This House resolution of the Legislature enacts House legislative rules related to
10 governmental oversight.
11 Highlighted Provisions:
12 This resolution:
13 ▸ creates the House Governmental Oversight Committee; and
14 ▸ provides for the committee's membership, purposes, and responsibilities.
15 Special Clauses:
16 None
17 Legislative Rules Affected:
18 ENACTS:
19 HR3-3-101
20 HR3-3-201
21 HR3-3-202
22 HR3-3-203
23 HR3-3-204
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25 Be it resolved by the House of Representatives of the state of Utah:
26 Section 1. HR3-3-101 is enacted to read:
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32 HR3-3-101. Definitions.
33 As used in this chapter:
34 (1) "Committee" means the House Governmental Oversight Committee created under
35 this chapter.
36 (2) (a) "State governmental entity" means:
37 (i) an agency, department, division, office, institution, bureau, or any other division of
38 the executive branch of state government; and
39 (ii) an employee of an entity described in Subsection (2)(a)(i) when acting as an
40 employee of that entity.
41 (b) "State governmental entity" does not include:
42 (i) the Legislature or an entity within the legislative branch of state government;
43 (ii) the judicial branch of state government or an entity within the judicial branch of
44 state government; or
45 (iii) a local entity governed by:
46 (A) Utah Code Title 10, Utah Municipal Code;
47 (B) Utah Code Title 11, Cities, Counties, and Local Taxing Units;
48 (C) Utah Code Title 17, Counties;
49 (D) Utah Code Title 17B, Limited Purpose Local Government Entities - Local
50 Districts;
51 (E) Utah Code Title 17C, Limited Purpose Local Government Entities - Community
52 Reinvestment Agency Act; or
53 (F) Utah Code Title 17D, Limited Purpose Local Government Entities - Other Entities.
54 Section 2. HR3-3-201 is enacted to read:
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56 HR3-3-201. House Governmental Oversight Committee created -- Membership --
57 Quorum.
58 (1) There is created the House Governmental Oversight Committee composed of the
59 following nine members of the House of Representatives, appointed by the speaker of the
60 House:
61 (a) six members of the majority party; and
62 (b) three members of the minority party.
63 (2) The speaker of the House shall select a member of the committee who will serve as
64 chair and a member of the committee who will serve as cochair.
65 (3) The speaker of the House may replace a member of the committee, or select a new
66 chair or cochair, at any time.
67 (4) For the purpose of determining a quorum for the conduct of committee business, a
68 majority is at least 50% of the committee members from one party and more than 50% from the
69 other.
70 (5) The Office of Legislative Research and General Counsel and the Office of the
71 Legislative Auditor General shall jointly provide staff support to the committee.
72 Section 3. HR3-3-202 is enacted to read:
73 HR3-3-202. Purposes of the committee.
74 (1) After receiving an assignment or approval described in HR3-3-203, the committee
75 shall fulfill the Legislature's responsibility to ensure the transparency, efficiency, effectiveness,
76 and accountability of state governmental entities by studying and investigating the funds,
77 functions, and other duties as prescribed by law of any state governmental entity.
78 (2) Subject to HR3-3-203, the committee may, in relation to a duty described in
79 Subsection (1):
80 (a) meet as necessary to accomplish the committee's purpose;
81 (b) perform an investigation or study;
82 (c) recommend that a person that is the subject of the committee's investigation or
83 study take an action that the committee specifies;
84 (d) make a request of an issuer described in Utah Code Section 36-14-2 to issue a
85 legislative subpoena;
86 (e) refer a person to the applicable attorney for possible prosecution;
87 (f) make a recommendation to the Administrative Rules Review Committee created
88 under Utah Code Section 11-49-201;
89 (g) open a bill file and recommend legislation for the Legislature's consideration;
90 (h) propose reforms to state law or administrative rules; or
91 (i) take other appropriate action in accordance with applicable law or rule.
92 (3) After receiving an assignment or approval described in HR3-3-203, the chairs of
93 the committee may, before convening a meeting of the committee to discuss the issue:
94 (a) send a written request to the person or entity that the committee is studying or
95 investigating, or to the person or entity that is responsible for the issue the committee is
96 studying or investigating, that:
97 (i) describes the scope and reason for the study or investigation; and
98 (ii) requests that the person or entity provide evidence or explanation that might clarify
99 or resolve the issue before the committee meets to discuss the issue; and
100 (b) decide not to proceed with the study or investigation if the person or entity to whom
101 the committee sends a request under Subsection (3)(a) provides satisfactory explanation or
102 evidence to indicate that the study or investigation is not needed.
103 (4) The committee may coordinate with the following regarding an issue the committee
104 is studying or investigating when the issue is applicable to a matter over which the following
105 may have jurisdiction:
106 (a) the Administrative Rules Review Committee created under Utah Code Section
107 63G-3-501;
108 (b) the Legislative Audit Subcommittee created under Utah Code Section 36-12-18;
109 (c) the Political Subdivisions Ethics Review Commission created under Utah Code
110 Section 11-49-201;
111 (d) a local political subdivision ethics commission created under Utah Code Section
112 11-49-103;
113 (e) the Independent Legislative Ethics Commission created under Joint Rules Title 6,
114 Chapter 2, House and Senate Ethics Committees and Independent Legislative Ethics
115 Commission; or
116 (f) a legislative standing or interim committee.
117 Section 4. HR3-3-203 is enacted to read:
118 HR3-3-203. Initiating a study or investigation.
119 (1) The committee may study or investigate an issue related to an item described in
120 HR3-3-202(1) after:
121 (a) receiving an assignment:
122 (i) by resolution from the Legislature;
123 (ii) from the Legislative Management Committee;
124 (iii) from the Legislative Audit Subcommittee; or
125 (iv) from the speaker of the House; or
126 (b) receiving approval from the Legislative Management Committee or the speaker of
127 the House regarding a request that the committee makes under Subsection (2).
128 (2) The committee may request approval from the Legislative Management Committee,
129 speaker of the House, or House minority leader to investigate or study an issue related to an
130 item described in HR3-3-202(1).
131 (3) The committee may hear a report from the Office of the Legislative Auditor
132 General or the Office of the Utah State Auditor on an audit the respective office completes.
133 Section 5. HR3-3-204 is enacted to read:
134 HR3-3-204. Report of committee findings -- Annual report.
135 (1) For each item the committee studies or investigates under HR3-3-202(1), the
136 committee shall issue a report that:
137 (a) establishes the committee's findings;
138 (b) describes any actions the committee takes; and
139 (c) (i) describes any recommendations the committee makes; or
140 (ii) explains why the committee does not make any recommendations.
141 (2) The committee shall ensure that a recommendation described in Subsection
142 (1)(c)(i):
143 (a) identifies a person that the committee recommends should take the action; and
144 (b) establishes a deadline and method by which the committee requests that the person
145 described in Subsection (2)(a) report to the committee on whether the person has taken the
146 action that the committee recommends.
147 (3) Each year, the committee shall submit a written report to the Legislative
148 Management Committee detailing:
149 (a) the issues the committee investigated or studied since the last annual report the
150 committee submitted to the Legislative Management Committee;
151 (b) any apparent violations of law, ordinance, or rule that the committee discovers in
152 relation to an issue the committee investigated or studied;
153 (c) any action that the committee takes regarding an issue the committee investigated
154 or studied; and
155 (d) any other recommendations that the committee makes, including recommendations
156 on proposed legislation.
Legislative Review Note
Office of Legislative Research and General Counsel