Section 2.5 - Executive boards -- Database -- Governor's review of new boards.

UT Code § 67-1-2.5 (2019) (N/A)
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(1) As used in this section: (a) "Administrator" means the boards and commissions administrator designated under Subsection (2). (b) "Executive board" means any executive branch board, commission, council, committee, working group, task force, study group, advisory group, or other body with a defined limited membership that is created to operate for more than six months 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.

(a) "Administrator" means the boards and commissions administrator designated under Subsection (2).

(b) "Executive board" means any executive branch board, commission, council, committee, working group, task force, study group, advisory group, or other body with a defined limited membership that is created to operate for more than six months 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.

(2) (a) Before September 1 of the calendar year following the year in which the Legislature creates a new executive board, the governor shall: (i) review the executive board to evaluate: (A) whether the executive board accomplishes a substantial governmental interest; and (B) whether it is necessary for the executive board to remain in statute; (ii) in the governor's review under Subsection (2)(a)(i), consider: (A) the funding required for the executive board; (B) the staffing resources required for the executive board; (C) the time members of the executive board are required to commit to serve on the executive board; and (D) whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and (iii) submit a report to the Government Operations Interim Committee recommending that the Legislature: (A) repeal the executive board; (B) add a sunset provision or future repeal date to the executive board; (C) make other changes to make the executive board more efficient; or (D) make no changes to the executive board. (b) In conducting the evaluation and making the report described in Subsection (2)(a), the governor shall give deference to: (i) reducing the size of government; and (ii) making governmental programs more efficient and effective. (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the Government Operations Interim Committee shall vote on whether to address the recommendations made by the governor in the report and prepare legislation accordingly.

(a) Before September 1 of the calendar year following the year in which the Legislature creates a new executive board, the governor shall: (i) review the executive board to evaluate: (A) whether the executive board accomplishes a substantial governmental interest; and (B) whether it is necessary for the executive board to remain in statute; (ii) in the governor's review under Subsection (2)(a)(i), consider: (A) the funding required for the executive board; (B) the staffing resources required for the executive board; (C) the time members of the executive board are required to commit to serve on the executive board; and (D) whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and (iii) submit a report to the Government Operations Interim Committee recommending that the Legislature: (A) repeal the executive board; (B) add a sunset provision or future repeal date to the executive board; (C) make other changes to make the executive board more efficient; or (D) make no changes to the executive board.

(i) review the executive board to evaluate: (A) whether the executive board accomplishes a substantial governmental interest; and (B) whether it is necessary for the executive board to remain in statute;

(A) whether the executive board accomplishes a substantial governmental interest; and

(B) whether it is necessary for the executive board to remain in statute;

(ii) in the governor's review under Subsection (2)(a)(i), consider: (A) the funding required for the executive board; (B) the staffing resources required for the executive board; (C) the time members of the executive board are required to commit to serve on the executive board; and (D) whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and

(A) the funding required for the executive board;

(B) the staffing resources required for the executive board;

(C) the time members of the executive board are required to commit to serve on the executive board; and

(D) whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and

(iii) submit a report to the Government Operations Interim Committee recommending that the Legislature: (A) repeal the executive board; (B) add a sunset provision or future repeal date to the executive board; (C) make other changes to make the executive board more efficient; or (D) make no changes to the executive board.

(A) repeal the executive board;

(B) add a sunset provision or future repeal date to the executive board;

(C) make other changes to make the executive board more efficient; or

(D) make no changes to the executive board.

(b) In conducting the evaluation and making the report described in Subsection (2)(a), the governor shall give deference to: (i) reducing the size of government; and (ii) making governmental programs more efficient and effective.

(i) reducing the size of government; and

(ii) making governmental programs more efficient and effective.

(c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the Government Operations Interim Committee shall vote on whether to address the recommendations made by the governor in the report and prepare legislation accordingly.

(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. (b) The administrator shall ensure that the database contains: (i) the name of each executive board; (ii) the statutory or constitutional authority for the creation of the executive board; (iii) the sunset date on which each executive board's statutory authority expires; (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; (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; (vi) the title of the position held by the person who appointed each member of the executive board; (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; (viii) whether or not members appointed to the executive board require consent of the Senate; (ix) the organization, interest group, profession, local government entity, or geographic area that an individual appointed to an executive board represents, if any; (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; (xi) whether each executive board is a policy board or an advisory board; (xii) whether the executive board has or exercises rulemaking authority; and (xiii) any compensation and expense reimbursement that members of the executive board are authorized to receive.

(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.

(b) The administrator shall ensure that the database contains: (i) the name of each executive board; (ii) the statutory or constitutional authority for the creation of the executive board; (iii) the sunset date on which each executive board's statutory authority expires; (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; (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; (vi) the title of the position held by the person who appointed each member of the executive board; (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; (viii) whether or not members appointed to the executive board require consent of the Senate; (ix) the organization, interest group, profession, local government entity, or geographic area that an individual appointed to an executive board represents, if any; (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; (xi) whether each executive board is a policy board or an advisory board; (xii) whether the executive board has or exercises rulemaking authority; and (xiii) any compensation and expense reimbursement that members of the executive board are authorized to receive.

(i) the name of each executive board;

(ii) the statutory or constitutional authority for the creation of the executive board;

(iii) the sunset date on which each executive board's statutory authority expires;

(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;

(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;

(vi) the title of the position held by the person who appointed each member of the executive board;

(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;

(viii) whether or not members appointed to the executive board require consent of the Senate;

(ix) the organization, interest group, profession, local government entity, or geographic area that an individual appointed to an executive board represents, if any;

(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;

(xi) whether each executive board is a policy board or an advisory board;

(xii) whether the executive board has or exercises rulemaking authority; and

(xiii) any compensation and expense reimbursement that members of the executive board are authorized to receive.

(4) The administrator shall place the following on the governor's website: (a) the information contained in the database; (b) each report the administrator receives under Subsection (5); and (c) the summary report described in Subsection (6).

(a) the information contained in the database;

(b) each report the administrator receives under Subsection (5); and

(c) the summary report described in Subsection (6).

(5) (a) Before August 1 of each year, each executive board shall prepare and submit to the administrator an annual report that includes: (i) the name of the executive board; (ii) a description of the executive board's official function and purpose; (iii) a description of the actual work performed by the executive board since the last report the executive board submitted to the administrator under this Subsection (5); (iv) a description of actions taken by the executive board since the last report the executive board submitted to the administrator under this Subsection (5); (v) recommendations on whether any statutory, rule, or other changes are needed to make the executive board more effective; and (vi) an indication of whether the executive board should continue to exist. (b) The administrator shall compile and post the reports described in Subsection (5)(a) to the governor's website before September 1 of each year. (c) An executive board is not required to submit a report under this Subsection (5) if the executive board: (i) is also a legislative board under Section 36-12-22; and (ii) submits a report under Section 36-12-22.

(a) Before August 1 of each year, each executive board shall prepare and submit to the administrator an annual report that includes: (i) the name of the executive board; (ii) a description of the executive board's official function and purpose; (iii) a description of the actual work performed by the executive board since the last report the executive board submitted to the administrator under this Subsection (5); (iv) a description of actions taken by the executive board since the last report the executive board submitted to the administrator under this Subsection (5); (v) recommendations on whether any statutory, rule, or other changes are needed to make the executive board more effective; and (vi) an indication of whether the executive board should continue to exist.

(i) the name of the executive board;

(ii) a description of the executive board's official function and purpose;

(iii) a description of the actual work performed by the executive board since the last report the executive board submitted to the administrator under this Subsection (5);

(iv) a description of actions taken by the executive board since the last report the executive board submitted to the administrator under this Subsection (5);

(v) recommendations on whether any statutory, rule, or other changes are needed to make the executive board more effective; and

(vi) an indication of whether the executive board should continue to exist.

(b) The administrator shall compile and post the reports described in Subsection (5)(a) to the governor's website before September 1 of each year.

(c) An executive board is not required to submit a report under this Subsection (5) if the executive board: (i) is also a legislative board under Section 36-12-22; and (ii) submits a report under Section 36-12-22.

(i) is also a legislative board under Section 36-12-22; and

(ii) submits a report under Section 36-12-22.

(6) (a) The administrator shall prepare, publish, and distribute an annual report by September 1 of each year that includes: (i) as of August 1 of that year: (A) the total number of executive boards; (B) the name of each of those executive boards and 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; (C) for each state officer and each department and division, the total number of executive boards under the jurisdiction of or affiliated with that officer, department, and division; (D) the total number of members for each of those executive boards; (E) whether or not some or all of the members of each of those executive boards are approved by the Senate; (F) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and (G) the compensation, if any, paid to the members of each of those executive boards; and (ii) a summary of the reports submitted to the administrator under Subsection (5), including: (A) a list of each executive board that submitted a report under Subsection (5); (B) a list of each executive board that did not submit a report under Subsection (5); (C) an indication of any recommendations made under Subsection (5)(a)(v); and (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the executive board should no longer exist. (b) The administrator shall distribute copies of the report described in Subsection (6)(a) to: (i) the governor; (ii) the president of the Senate; (iii) the speaker of the House; (iv) the Office of Legislative Research and General Counsel; (v) the Government Operations Interim Committee; and (vi) any other persons who request a copy of the annual report. (c) Each year, the Government Operations Interim Committee shall prepare legislation making any changes the committee determines are suitable with respect to the report the committee receives under Subsection (6)(b), including: (i) repealing an executive board that is no longer functional or necessary; and (ii) making appropriate changes to make an executive board more effective.

(a) The administrator shall prepare, publish, and distribute an annual report by September 1 of each year that includes: (i) as of August 1 of that year: (A) the total number of executive boards; (B) the name of each of those executive boards and 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; (C) for each state officer and each department and division, the total number of executive boards under the jurisdiction of or affiliated with that officer, department, and division; (D) the total number of members for each of those executive boards; (E) whether or not some or all of the members of each of those executive boards are approved by the Senate; (F) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and (G) the compensation, if any, paid to the members of each of those executive boards; and (ii) a summary of the reports submitted to the administrator under Subsection (5), including: (A) a list of each executive board that submitted a report under Subsection (5); (B) a list of each executive board that did not submit a report under Subsection (5); (C) an indication of any recommendations made under Subsection (5)(a)(v); and (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the executive board should no longer exist.

(i) as of August 1 of that year: (A) the total number of executive boards; (B) the name of each of those executive boards and 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; (C) for each state officer and each department and division, the total number of executive boards under the jurisdiction of or affiliated with that officer, department, and division; (D) the total number of members for each of those executive boards; (E) whether or not some or all of the members of each of those executive boards are approved by the Senate; (F) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and (G) the compensation, if any, paid to the members of each of those executive boards; and

(A) the total number of executive boards;

(B) the name of each of those executive boards and 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;

(C) for each state officer and each department and division, the total number of executive boards under the jurisdiction of or affiliated with that officer, department, and division;

(D) the total number of members for each of those executive boards;

(E) whether or not some or all of the members of each of those executive boards are approved by the Senate;

(F) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and

(G) the compensation, if any, paid to the members of each of those executive boards; and

(ii) a summary of the reports submitted to the administrator under Subsection (5), including: (A) a list of each executive board that submitted a report under Subsection (5); (B) a list of each executive board that did not submit a report under Subsection (5); (C) an indication of any recommendations made under Subsection (5)(a)(v); and (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the executive board should no longer exist.

(A) a list of each executive board that submitted a report under Subsection (5);

(B) a list of each executive board that did not submit a report under Subsection (5);

(C) an indication of any recommendations made under Subsection (5)(a)(v); and

(D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the executive board should no longer exist.

(b) The administrator shall distribute copies of the report described in Subsection (6)(a) to: (i) the governor; (ii) the president of the Senate; (iii) the speaker of the House; (iv) the Office of Legislative Research and General Counsel; (v) the Government Operations Interim Committee; and (vi) any other persons who request a copy of the annual report.

(i) the governor;

(ii) the president of the Senate;

(iii) the speaker of the House;

(iv) the Office of Legislative Research and General Counsel;

(v) the Government Operations Interim Committee; and

(vi) any other persons who request a copy of the annual report.

(c) Each year, the Government Operations Interim Committee shall prepare legislation making any changes the committee determines are suitable with respect to the report the committee receives under Subsection (6)(b), including: (i) repealing an executive board that is no longer functional or necessary; and (ii) making appropriate changes to make an executive board more effective.

(i) repealing an executive board that is no longer functional or necessary; and

(ii) making appropriate changes to make an executive board more effective.