Chief Sponsor: Curtis S. Bramble

House Sponsor: Keven J. Stratton


9     General Description:
10          This joint resolution of the Legislature enacts joint legislative rules related to
11     governmental oversight.
12     Highlighted Provisions:
13          This resolution:
14          ▸     creates the Governmental Oversight Committee; and
15          ▸     provides for the committee's membership, purposes, and responsibilities.
16     Special Clauses:
17          None
18     Legislative Rules Affected:
19     ENACTS:
20          JR3-4-101
21          JR3-4-201
22          JR3-4-202
23          JR3-4-203
24          JR3-4-204

26     Be it resolved by the Legislature of the state of Utah:
27          Section 1. JR3-4-101 is enacted to read:


Part 1. General Provisions

30          JR3-4-101. Definitions.
31          As used in this chapter:
32          (1) "Committee" means the Governmental Oversight Committee created under this
33     chapter.
34          (2) (a) "State governmental entity" means:
35          (i) an agency, department, division, office, institution, bureau, or any other division of
36     the executive branch of state government; and
37          (ii) an employee of an entity described in Subsection (2)(a)(i) when acting as an
38     employee of that entity.
39          (b) "State governmental entity" does not include:
40          (i) the Legislature or an entity within the legislative branch of state government;
41          (ii) the judicial branch of state government or an entity within the judicial branch of
42     state government; or
43          (iii) a local entity governed by:
44          (A) Utah Code Title 10, Utah Municipal Code;
45          (B) Utah Code Title 11, Cities, Counties, and Local Taxing Units;
46          (C) Utah Code Title 17, Counties;
47          (D) Utah Code Title 17B, Limited Purpose Local Government Entities - Local
48     Districts;
49          (E) Utah Code Title 17C, Limited Purpose Local Government Entities - Community
50     Reinvestment Agency Act; or
51          (F) Utah Code Title 17D, Limited Purpose Local Government Entities - Other Entities.
52          Section 2. JR3-4-201 is enacted to read:
Part 2. Governmental Oversight Efforts

54          JR3-4-201. Governmental Oversight Committee created -- Membership --
55     Quorum.
56          (1) There is created the Governmental Oversight Committee composed of the
57     following nine members:
58          (a) six members of the House of Representatives, appointed by the speaker of the

59     House, not more than four of whom may be from the same political party; and
60          (b) three members of the Senate, appointed by the president of the Senate, not more
61     than two of whom may be from the same political party.
62          (2) The speaker of the House and president of the Senate shall each select a member of
63     the committee who will serve as cochair of the committee.
64          (3) The applicable appointing or selecting authority may replace a member of the
65     committee, or select a new cochair, at any time.
66          (4) For the purpose of determining a quorum for the conduct of committee business, a
67     majority is at least 50% of the committee members from one house of the Legislature and more
68     than 50% from the other.
69          (5) The Office of Legislative Research and General Counsel and the Office of the
70     Legislative Auditor General shall jointly provide staff support to the committee.
71          Section 3. JR3-4-202 is enacted to read:
72          JR3-4-202. Purposes of the committee.
73          (1) After receiving an assignment or approval described in JR3-4-203, the committee
74     shall fulfill the Legislature's responsibility to ensure the transparency, efficiency, effectiveness,
75     and accountability of state governmental entities by studying and investigating the funds,
76     functions, and other duties as prescribed by law of any state governmental entity.
77          (2) Subject to JR3-4-203, the committee may, in relation to a duty described in
78     Subsection (1):
79          (a) meet as necessary to accomplish the committee's purpose;
80          (b) perform an investigation or study;
81          (c) recommend that a person that is the subject of the committee's investigation or
82     study take an action that the committee specifies;
83          (d) make a request of an issuer described in Utah Code Section 36-14-2 to issue a
84     legislative subpoena;
85          (e) refer a person to the applicable attorney for possible prosecution;
86          (f) make a recommendation to the Administrative Rules Review Committee created
87     under Utah Code Section 11-49-201;
88          (g) open a bill file and recommend legislation for the Legislature's consideration;
89          (h) propose reforms to state law or administrative rules; or

90          (i) take other appropriate action in accordance with applicable law or rule.
91          (3) After receiving an assignment or approval described in JR3-4-203, the chairs of the
92     committee may, before convening a meeting of the committee to discuss the issue:
93          (a) send a written request to the person or entity that the committee is studying or
94     investigating, or to the person or entity that is responsible for the issue the committee is
95     studying or investigating, that:
96          (i) describes the scope and reason for the study or investigation; and
97          (ii) requests that the person or entity provide evidence or explanation that might clarify
98     or resolve the issue before the committee meets to discuss the issue; and
99          (b) decide not to proceed with the study or investigation if the person or entity to whom
100     the committee sends a request under Subsection (3)(a) provides satisfactory explanation or
101     evidence to indicate that the study or investigation is not needed.
102          (4) The committee may coordinate with the following regarding an issue the committee
103     is studying or investigating when the issue is applicable to a matter over which the following
104     may have jurisdiction:
105          (a) the Administrative Rules Review Committee created under Utah Code Section
106     63G-3-501;
107          (b) the Legislative Audit Subcommittee created under Utah Code Section 36-12-18;
108          (c) the Political Subdivisions Ethics Review Commission created under Utah Code
109     Section 11-49-201;
110          (d) a local political subdivision ethics commission created under Utah Code Section
111     11-49-103;
112          (e) the Independent Legislative Ethics Commission created under Title 6, Chapter 2,
113     House and Senate Ethics Committees and Independent Legislative Ethics Commission; or
114          (f) a legislative standing or interim committee.
115          Section 4. JR3-4-203 is enacted to read:
116          JR3-4-203. Initiating a study or investigation.
117          (1) The committee may study or investigate an issue related to an item described in
118     JR3-4-202(1) after:
119          (a) receiving an assignment:
120          (i) by resolution from the Legislature;

121          (ii) from the Legislative Management Committee;
122          (iii) from the Legislative Audit Subcommittee; or
123          (iv) from the speaker of the House or president of the Senate; or
124          (b) receiving approval from the Legislative Management Committee of a request that
125     the committee makes under Subsection (2).
126          (2) The committee may request approval from the Legislative Management Committee
127     to investigate or study an issue related to an item described in JR3-4-202(1).
128          (3) The committee may hear a report from the Office of the Legislative Auditor
129     General or the Office of the Utah State Auditor on an audit the respective office completes.
130          Section 5. JR3-4-204 is enacted to read:
131          JR3-4-204. Report of committee findings -- Annual report.
132          (1) For each item the committee studies or investigates under JR3-4-202(1), the
133     committee shall issue a report that:
134          (a) establishes the committee's findings;
135          (b) describes any actions the committee takes; and
136          (c) (i) describes any recommendations the committee makes; or
137          (ii) explains why the committee does not make any recommendations.
138          (2) The committee shall ensure that a recommendation described in Subsection
139     (1)(c)(i):
140          (a) identifies a person that the committee recommends should take the action; and
141          (b) establishes a deadline and method by which the committee requests that the person
142     described in Subsection (2)(a) report to the committee on whether the person has taken the
143     action that the committee recommends.
144          (3) Each year, the committee shall submit a written report to the Legislative
145     Management Committee detailing:
146          (a) the issues the committee investigated or studied since the last annual report the
147     committee submitted to the Legislative Management Committee;
148          (b) any apparent violations of law, ordinance, or rule that the committee discovers in
149     relation to an issue the committee investigated or studied;
150          (c) any action that the committee takes regarding an issue the committee investigated
151     or studied; and

152          (d) any other recommendations that the committee makes, including recommendations
153     on proposed legislation.

Legislative Review Note
Office of Legislative Research and General Counsel