63E-1-302. Review by committee required for creating an independent entity.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2021

(1)If a government requestor proposes that the Legislature create an independent entity, that government requestor shall request that the committee review the proposal.

(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 state statute;

(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.

Amended by Chapter 344 , 2021 General Session