(1) As used in this section:

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Terms Used In Utah Code 67-1-2.5

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
     (1)(a) “Administrator” means the boards and commissions administrator designated under Subsection (3).
     (1)(b) “Executive board” means an executive branch board, commission, council, committee, working group, task force, study group, advisory group, or other body:

          (1)(b)(i) with a defined limited membership;
          (1)(b)(ii) that is created by the constitution, by statute, by executive order, by the governor, lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a department, division, or other administrative subunit of the executive branch of state government; and
          (1)(b)(iii) that is created to operate for more than six months.
     (1)(c) “Inactive board” means a board that does not need to function at the present time, but may need to function in the future.
     (1)(d) “Interim committee” means the same as that term is defined in Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative Committees.
(2)

     (2)(a) Except as provided in Subsection (2)(c), before August 1 of the calendar year following the year in which a new executive board is created in statute, the governor shall:

          (2)(a)(i) review the executive board to evaluate:

               (2)(a)(i)(A) whether the executive board accomplishes a substantial governmental interest; and
               (2)(a)(i)(B) whether it is necessary for the executive board tocontinue to exist;
          (2)(a)(ii) in the governor’s review described in Subsection (2)(a)(i), consider:

               (2)(a)(ii)(A) the funding required for the executive board;
               (2)(a)(ii)(B) the staffing resources required for the executive board;
               (2)(a)(ii)(C) the time members of the executive board are required to commit to serve on the executive board; and
               (2)(a)(ii)(D) whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and
          (2)(a)(iii) submit a report to the Government Operations Interim Committee recommending that the Legislature:

               (2)(a)(iii)(A) repeal the executive board;
               (2)(a)(iii)(B) add a sunset provision or future repeal date to the executive board;
               (2)(a)(iii)(C) make other changes to make the executive board more efficient; or
               (2)(a)(iii)(D) make no changes to the executive board.
     (2)(b) In conducting the evaluation described in Subsection (2)(a), the governor shall give deference to:

          (2)(b)(i) reducing the size of government; and
          (2)(b)(ii) making governmental programs more efficient and effective.
     (2)(c) The governor is not required to conduct the review or submit the report described in Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1, Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
(3)

     (3)(a) The governor shall designate a board and commissions administrator from the governor’s staff to maintain a computerized database containing information about all executive boards.
     (3)(b) The administrator shall ensure that the database contains:

          (3)(b)(i) the name of each executive board;
          (3)(b)(ii) the current statutory or constitutional authority for the creation of the executive board;
          (3)(b)(iii) the sunset date on which each executive board’s statutory authority expires;
          (3)(b)(iv) the state officer or department and division of state government under whose jurisdiction the executive board operates or with which the executive board is affiliated, if any;
          (3)(b)(v) the name, address, gender, telephone number, and county of each individual currently serving on the executive board, along with a notation of all vacant or unfilled positions;
          (3)(b)(vi) the title of the position held by the person who appointed each member of the executive board;
          (3)(b)(vii) the length of the term to which each member of the executive board was appointed and the month and year that each executive board member’s term expires;
          (3)(b)(viii) whether members appointed to the executive board require the advice and consent of the Senate;
          (3)(b)(ix) the organization, interest group, profession, local government entity, or geographic area that an individual appointed to an executive board represents, if any;
          (3)(b)(x) the party affiliation of an individual appointed to an executive board, if the statute or executive order creating the position requires representation from political parties;
          (3)(b)(xi) whether each executive board is a policy board or an advisory board;
          (3)(b)(xii) whether the executive board has or exercises rulemaking authority, or is a rulemaking board as defined in Section 63G-24-102; and
          (3)(b)(xiii) any compensation and expense reimbursement that members of the executive board are authorized to receive.
(4) The administrator shall ensure the governor’s website includes:

     (4)(a) the information contained in the database, except for an individual’s:

          (4)(a)(i) physical address;
          (4)(a)(ii) email address; and
          (4)(a)(iii) telephone number;
     (4)(b) a portal, accessible on each executive board’s web page within the governor’s website, through which a member of the public may provide input on:

          (4)(b)(i) an individual appointed to serve on the executive board; or
          (4)(b)(ii) a sitting member of the executive board;
     (4)(c) each report the administrator receives under Subsection (5); and
     (4)(d) the summary report described in Subsection (6).
(5)

     (5)(a) Before August 1, in each even-numbered year, each executive board shall prepare and submit to the administrator a report that includes:

          (5)(a)(i) the name of the executive board;
          (5)(a)(ii) a description of the executive board’s official function and purpose;
          (5)(a)(iii) a description of the actions taken by the executive board since the last report the executive board submitted to the administrator under this Subsection (5);
          (5)(a)(iv) recommendations on whether any statutory, rule, or other changes are needed to make the executive board more effective; and
          (5)(a)(v) an indication of whether the executive board should continue to exist.
     (5)(b) The administrator shall compile and post the reports described in Subsection (5)(a) to the governor’s website before September 1 of a calendar year in which the administrator receives a report described in Subsection (5)(a).
(6)

     (6)(a) Before September 1 of a calendar year in which the administrator receives a report described in Subsection (5)(a), the administrator shall prepare a report that includes:

          (6)(a)(i) as of July 1 of that year, the total number of executive boards that exist;
          (6)(a)(ii) a summary of the reports submitted to the administrator under Subsection (5), including:

               (6)(a)(ii)(A) a list of each executive board that submitted a report under Subsection (5);
               (6)(a)(ii)(B) a list of each executive board that failed to timely submit a report under Subsection (5);
               (6)(a)(ii)(C) an indication of any recommendations made under Subsection (5)(a)(iv);
               (6)(a)(ii)(D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the executive board should no longer exist; and
               (6)(a)(ii)(E) a recommendation regarding whether the administrator recommends the executive board should continue to exist; and
          (6)(a)(iii) a list of each executive board, identified and reported by the Division of Archives and Record Services under Section 63A-16-601, that did not post a notice of a public meeting on the Utah Public Notice Website during the previous fiscal year.
     (6)(b) On or before September 1 of a calendar year in which the administrator prepares a report described in Subsection (6)(a), in accordance with Section 68-3-14, the administrator shall submit the report to:

          (6)(b)(i) the president of the Senate;
          (6)(b)(ii) the speaker of the House of Representatives; and
          (6)(b)(iii) the Government Operations Interim Committee.
     (6)(c)

          (6)(c)(i) Within 60 days after the day on which an executive board fails to timely submit a report under Subsection (5), a legislative interim committee shall conduct a review to determine whether to recommend repeal of the executive board.
          (6)(c)(ii) The Office of Legislative Research and General Counsel shall notify the chairs of an interim committee whose subject area most closely relates to an executive board described in Subsection (6)(c)(i) of:

               (6)(c)(ii)(A) the name of the board;
               (6)(c)(ii)(B) information regarding the function of the board; and
               (6)(c)(ii)(C) the deadline by which the interim committee is required to conduct a review described in Subsection (6)(c)(i).
          (6)(c)(iii) If there is not an interim committee with a subject area relating to the executive board, or if the interim committee described in Subsection (6)(c)(ii) is unable to timely conduct the review described in Subsection (6)(c), the Government Operations Interim Committee shall conduct the review.
          (6)(c)(iv) If an interim committee recommends that an executive board described in Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General Counsel shall draft a bill repealing the executive board.
(7) The Legislature may not create an executive board except through a bill that receives a favorable recommendation by unanimous vote of an interim committee.
(8) Except for an executive board created by the Utah Constitution, an interim committee may determine that an executive board is an inactive board and recommend that the governor deactivate the executive board.
(9) Except for an executive board created by the Utah Constitution, an interim committee may recommend that the governor reactivate a deactivated executive board.
(10) If an interim committee recommends that the governor deactivate or reactivate an executive board, the chairs of the interim committee shall submit a written notice identifying the name of the executive board and the reason for the recommendation to:

     (10)(a) the governor;
     (10)(b) the chairs of the Legislative Management Committee;
     (10)(c) the administrator, as defined in Section 67-1-2.5; and
     (10)(d) the executive branch agency that oversees the board.
(11) Except for an executive board created by the Utah Constitution, the Legislature may deactivate or reactivate an executive board by concurrent resolution.
(12)

     (12)(a) Except as provided in Subsection (12)(c), the governor may determine that an executive board is an inactive board:

          (12)(a)(i) in response to the recommendation of an interim committee; or
          (12)(a)(ii) based on the governor’s own determination.
     (12)(b) Except as provided in Subsection (12)(c), if the governor determines that an executive board is an inactive board, the governor may deactivate the executive board.
     (12)(c) The governor may not deactivate an executive board if:

          (12)(c)(i) the executive board is created by the Utah Constitution;
          (12)(c)(ii) within the previous one-year period, the Legislature created the executive board, reauthorized the executive board, or, by concurrent resolution, reactivated the executive board; or
          (12)(c)(iii) the board is created by a statute that expressly prohibits the governor from deactivating the executive board.
     (12)(d) An executive board that the governor deactivates under Subsection (12)(b), or that the Legislature deactivates by concurrent resolution, may not take an action or fulfill a duty that the executive board is otherwise statutorily authorized to take or fulfill.
(13)

     (13)(a) Except as provided in Subsection (13)(c), the governor may determine that a deactivated executive board should be reactivated.
     (13)(b) Except as provided in Subsection (13)(c), if the governor determines that a deactivated executive board should be reactivated, the governor may reactivate the executive board.
     (13)(c) The governor may not reactivate an executive board if:

          (13)(c)(i) within the previous one-year period, the Legislature deactivated the executive board by concurrent resolution; or
          (13)(c)(ii) the board is created by a statute that expressly prohibits the governor from reactivating the executive board.
     (13)(d) An executive board that the governor reactivates under Subsection (13)(b), or that the Legislature reactivates by concurrent resolution, may take an action or fulfill a duty that the executive board is statutorily authorized to take or fulfill.
(14) Before the governor deactivates or reactivates an executive board under this section, the governor shall submit a written notice identifying the name of the board and the reason the governor has determined to deactivate or reactivate the executive board to:

     (14)(a) the chairs of the Legislative Management Committee;
     (14)(b) the chairs of the Government Operations Interim Committee;
     (14)(c) the administrator, as defined in Section 67-1-2.5; and
     (14)(d) the executive branch agency that oversees the board.
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