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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 55. Table of Contents]
63-55-101 Title.
This chapter is known as the "Legislative Oversight and
Sunset Act."
1997
63-55-102 Agency defined - Periodic termination of statutes and agencies - Legislative review.
(1) As used in this chapter, "agency" means any state authority, board, commission, department, division, office, or other agency, and the statute that established it.
(2) The Legislature finds that the state should not regulate any area unless the regulation is necessary to protect the health, safety, and welfare of the public.
(3) In order to make state government more productive and responsive to the people, it is necessary to place many of the statutes and agencies of state government under Part 2 of this chapter on a reauthorization schedule. Any statute or agency scheduled for termination under this chapter is terminated unless the Legislature through affirmative act reauthorizes its existence. The continued existence of a statute or agency subject to this chapter may not be reauthorized for a period of more than ten years.
(4) It is the purpose of this chapter to terminate any
statute or agency that is not meeting a clear public purpose,
and to improve the ability of state government to meet and
fulfill legitimate public purposes.
1997
63-55-103 Guidelines for conduct of review.
(1) (a) Any statute or agency scheduled for termination may be reviewed by an interim committee at the direction of:
(i) Legislative Management Committee;
(ii) the chairs of an interim committee; or
(iii) an interim committee as approved by motion and majority vote of its membership.
(b) The review shall begin not later than one year before scheduled termination and end before January 1 of the year in which termination is scheduled.
(2) In determining whether to reauthorize the statute or agency, the agency overseeing the statute or agency scheduled for termination shall clearly identify for the interim committee the public purpose and interest for which each statute or agency was originally created and clearly identify whether that public purpose and interest is still relevant.
(3) The interim committee shall then consider:
(a) the extent to which the statute or agency has operated in the public interest and any areas in which the statute or agency needs to improve its ability to operate in the public interest;
(b) the extent to which existing statutes interfere with or assist the legitimate functions of the statute or agency, and any other circumstances including budgetary, resource, and personnel matters that have a bearing on the capacity of the statute or agency to serve the public interest;
(c) the extent to which the public has been encouraged to participate in the adoption of the rules established in connection with the statute or agency;
(d) the extent to which the statute's provisions or agency's programs and services are duplicative of those offered by other statutes or state agencies;
(e) the extent to which the objectives of the statute or agency have been accomplished and their public benefit;
(f) the adverse effect on the public of termination of the statute or agency; and
(g) any other matter relevant to the review.
(4) It is the responsibility of any agency scheduled for
termination or any agency which has oversight responsibilities
for a statute scheduled for termination to seek its reauthorization
with the Legislature.
1997
63-55-104 Terminated authority - Winding up of affairs.
Any agency terminated under this chapter may continue
in existence, if necessary to wind up its affairs, until
July 1 of the year next succeeding the year of termination.
1990
63-55-105 Reviewing committee - Report of recommendations.
The reviewing committee shall submit a report of its recommendations,
including proposed legislation and recommendations concerning
the statute or agency, to the Legislature before January
1 of the year in which the agency is scheduled for termination.
1993
63-55-106 Legislative reauthorization of statute or agency.
If the Legislature determines that the public interest
requires the continued existence of the statute or agency,
it shall reauthorize the existence of the statute or agency
in this chapter.
1993
