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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 12 voting for 0 voting against 2 absent
11 General Description:
12 This bill amends provisions relating to boards and commissions.
13 Highlighted Provisions:
14 This bill:
15 ▸ addresses reporting requirements relating to an executive board; and
16 ▸ requires an interim committee to review, for potential repeal, an executive board
17 that fails to comply with the five-year reporting requirement for an executive board.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 67-1-2.5, as last amended by Laws of Utah 2021, Chapters 84, 345
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 67-1-2.5 is amended to read:
28 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
29 (1) As used in this section:
30 (a) "Administrator" means the boards and commissions administrator designated under
31 Subsection (3).
32 (b) "Executive board" means an executive branch board, commission, council,
33 committee, working group, task force, study group, advisory group, or other body:
34 (i) with a defined limited membership;
35 (ii) that is created by the constitution, by statute, by executive order, by the governor,
36 lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a
37 department, division, or other administrative subunit of the executive branch of state
38 government; and
39 (iii) that is created to operate for more than six months.
40 (2) (a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
41 following the year in which a new executive board is created in statute, the governor shall:
42 (i) review the executive board to evaluate:
43 (A) whether the executive board accomplishes a substantial governmental interest; and
44 (B) whether it is necessary for the executive board to remain in statute;
45 (ii) in the governor's review described in Subsection (2)(a)(i), consider:
46 (A) the funding required for the executive board;
47 (B) the staffing resources required for the executive board;
48 (C) the time members of the executive board are required to commit to serve on the
49 executive board; and
50 (D) whether the responsibilities of the executive board could reasonably be
51 accomplished through an existing entity or without statutory direction; and
52 (iii) submit a report to the Government Operations Interim Committee recommending
53 that the Legislature:
54 (A) repeal the executive board;
55 (B) add a sunset provision or future repeal date to the executive board;
56 (C) make other changes to make the executive board more efficient; or
57 (D) make no changes to the executive board.
58 (b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
59 deference to:
60 (i) reducing the size of government; and
61 (ii) making governmental programs more efficient and effective.
62 (c) The governor is not required to conduct the review or submit the report described in
63 Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
64 Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
65 (3) (a) The governor shall designate a board and commissions administrator from the
66 governor's staff to maintain a computerized database containing information about all
67 executive boards.
68 (b) The administrator shall ensure that the database contains:
69 (i) the name of each executive board;
70 (ii) the current statutory or constitutional authority for the creation of the executive
71 board;
72 (iii) the sunset date on which each executive board's statutory authority expires;
73 (iv) the state officer or department and division of state government under whose
74 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
75 (v) the name, address, gender, telephone number, and county of each individual
76 currently serving on the executive board, along with a notation of all vacant or unfilled
77 positions;
78 (vi) the title of the position held by the person who appointed each member of the
79 executive board;
80 (vii) the length of the term to which each member of the executive board was
81 appointed and the month and year that each executive board member's term expires;
82 (viii) whether members appointed to the executive board require the advice and
83 consent of the Senate;
84 (ix) the organization, interest group, profession, local government entity, or geographic
85 area that an individual appointed to an executive board represents, if any;
86 (x) the party affiliation of an individual appointed to an executive board, if the statute
87 or executive order creating the position requires representation from political parties;
88 (xi) whether each executive board is a policy board or an advisory board;
89 (xii) whether the executive board has or exercises rulemaking authority, or is a
90 rulemaking board as defined in Section 63G-24-102; and
91 (xiii) any compensation and expense reimbursement that members of the executive
92 board are authorized to receive.
93 (4) The administrator shall ensure the governor's website includes:
94 (a) the information contained in the database, except for an individual's:
95 (i) physical address;
96 (ii) email address; and
97 (iii) telephone number;
98 (b) a portal, accessible on each executive board's web page within the governor's
99 website, through which a member of the public may provide input on:
100 (i) an individual appointed to serve on the executive board; or
101 (ii) a sitting member of the executive board;
102 (c) each report the administrator receives under Subsection (5); and
103 (d) the summary report described in Subsection (6).
104 (5) (a) Before August 1, once every five years, beginning in calendar year 2024, each
105 executive board shall prepare and submit to the administrator a report that includes:
106 (i) the name of the executive board;
107 (ii) a description of the executive board's official function and purpose;
108 (iii) a description of the actions taken by the executive board since the last report the
109 executive board submitted to the administrator under this Subsection (5);
110 (iv) recommendations on whether any statutory, rule, or other changes are needed to
111 make the executive board more effective; and
112 (v) an indication of whether the executive board should continue to exist.
113 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
114 to the governor's website before September 1 of a calendar year in which the administrator
115 receives a report described in Subsection (5)(a).
116 (6) (a) Before September 1 of a calendar year in which the administrator receives a
117 report described in Subsection (5)(a), the administrator shall prepare a report that includes:
118 (i) as of July 1 of that year, the total number of executive boards that exist;
119 (ii) a summary of the reports submitted to the administrator under Subsection (5),
120 including:
121 (A) a list of each executive board that submitted a report under Subsection (5);
122 (B) a list of each executive board that [
123 Subsection (5);
124 (C) an indication of any recommendations made under Subsection (5)(a)(iv); and
125 (D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
126 executive board should no longer exist; and
127 (iii) a list of each executive board, identified and reported by the Division of Archives
128 and Record Services under Section 63A-16-601, that did not post a notice of a public meeting
129 on the Utah Public Notice Website during the previous fiscal year.
130 (b) On or before September 1 of a calendar year in which the administrator prepares a
131 report described in Subsection (6)(a), in accordance with Section 68-3-14, the administrator
132 shall submit the report to:
133 (i) the president of the Senate;
134 (ii) the speaker of the House of Representatives; and
135 (iii) the Government Operations Interim Committee.
136 (c) (i) Within 60 days after the day on which an executive board fails to timely submit
137 a report under Subsection (5), a legislative interim committee shall conduct a review to
138 determine whether to recommend repeal of the executive board.
139 (ii) The Office of Legislative Research and General Counsel shall notify the chairs of
140 an interim committee whose subject area most closely relates to an executive board described
141 in Subsection (6)(c)(i) of:
142 (A) the name of the board;
143 (B) information regarding the function of the board; and
144 (C) the deadline by which the interim committee is required to conduct a review
145 described in Subsection (6)(c)(i).
146 (iii) If there is not an interim committee with a subject area relating to the executive
147 board, or if the interim committee described in Subsection (6)(c)(ii) is unable to timely conduct
148 the review described in Subsection (6)(c), the Government Operations Interim Committee shall
149 conduct the review.
150 (iv) If an interim committee recommends that an executive board described in
151 Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General Counsel shall
152 draft a bill repealing the executive board.