63E-1-302 - Review by committee required for creating an independent entity.
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.
(2) After receiving a request for review under Subsection (1), the chairs of thecommittee:
(a) shall schedule a meeting of the committee to review the proposal; and
(b) may request information from executive and legislative branch entities and officersconcerning 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 branchagency;
(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 theproposed 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 officersunder 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 Administrative Services.
Amended by Chapter 46, 2006 General Session