Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 21 (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies which entities are considered independent entities for purposes of the Independent Entities Code;
• adds the Public Service Commission to the list of independent entities and authorizes the commission to participate in coverage under the Risk Management Fund;
• allows the Retirement and Independent Entities Committee to meet at certain times to review draft legislation that is in the committee's purview;
• requires the committee to review certain entities to determine whether an entity should be treated as an independent entity;
• amends the committee's duties concerning studying retirement issues;
• provides for the return of an independent entity's unspent appropriations to the state in certain circumstances;
• repeals a provision exempting the Utah Housing Corporation from study by the committee; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RETIREMENT AND INDEPENDENT ENTITIES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Walt Brooks
LONG TITLE
General Description:
This bill amends provisions related to the Independent Entities Code.
Highlighted Provisions:
This bill:
▸ clarifies which entities are considered independent entities for purposes of the
Independent Entities Code;
▸ adds the Public Service Commission to the list of independent entities and
authorizes the commission to participate in coverage under the Risk Management
Fund;
▸ allows the Retirement and Independent Entities Committee to meet at certain times
to review draft legislation that is in the committee's purview;
▸ requires the committee to review certain entities to determine whether an entity
should be treated as an independent entity;
▸ amends the committee's duties concerning studying retirement issues;
▸ provides for the return of an independent entity's unspent appropriations to the state
in certain circumstances;
▸ repeals a provision exempting the Utah Housing Corporation from study by the
committee; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
54-1-1
, as last amended by Laws of Utah 1983, Chapter 246
63E-1-102
, as last amended by Laws of Utah 2022, Chapters 44, 63
63E-1-201
, as last amended by Laws of Utah 2014, Chapter 387
63E-1-202
, as last amended by Laws of Utah 2002, Chapter 250
63E-1-402
, as last amended by Laws of Utah 2002, Chapter 262
REPEALS:
63E-1-203
, as last amended by Laws of Utah 2017, Chapter 363
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-1-1
 is amended to read:
54-1-1.
Establishment of commission -- Functions -- Participation in Risk
Management Fund.
(1)
 The Public Service Commission of Utah is established as an independent agency.
(2)
 The Public Service Commission is charged with discharging the duties and
exercising the legislative, adjudicative, and rule-making powers committed to it by law and
may sue and be sued in its own name.
(3) Subject to Subsection 
63E-1-304
(2), the Public Service Commission may
participate in coverage under the Risk Management Fund created by Section 
63A-4-201
.
Section 2. Section 
63E-1-102
 is amended to read:
63E-1-102.
Definitions -- List of independent entities.
As used in this title:
(1) "Authorizing statute" means the statute creating an entity as an independent entity.
(2) "Committee" means the Retirement and Independent Entities Committee created by
Section 
63E-1-201
.
(3) "Independent corporation" means a corporation incorporated in accordance with
Chapter 2, Independent Corporations Act.
(4) (a) "Independent entity" means an entity having a public purpose relating to the
state or its citizens that is individually created by the state or is given by the state the right to
exist and conduct its affairs as an:
(i) independent state agency; or
(ii) independent corporation.
(b) [
"Independent entity" includes the
] 
For purposes of this title, the independent
entities are the
:
(i) Utah Beef Council, created by Section 
4-21-103
;
(ii) Utah Dairy Commission created by Section 
4-22-103
;
(iii) Heber Valley Historic Railroad Authority created by Section 
63H-4-102
;
(iv) Utah Housing Corporation created by Section 
63H-8-201
;
(v) Utah State Fair Corporation created by Section 
63H-6-103
;
(vi) Utah State Retirement Office created by Section 
49-11-201
;
(vii) School and Institutional Trust Lands Administration created by Section
53C-1-201
;
(viii) School and Institutional Trust Fund Office created by Section 
53D-1-201
;
(ix) Utah Communications Authority created by Section 
63H-7a-201
;
(x) Utah Capital Investment Corporation created by Section 
63N-6-301
; [
and
]
(xi) Military Installation Development Authority created by Section 
63H-1-201
[
.
]
; and
(xii) Public Service Commission of Utah created by Section 
54-1-1
.
(c) Notwithstanding this Subsection (4), "independent entity" does not include:
[
(i) the Public Service Commission of Utah created by Section 
54-1-1
;
]
[
(ii)
] 
(i)
 an institution within the state system of higher education;
[
(iii)
] 
(ii)
 a city, county, or town;
[
(iv)
] 
(iii)
 a local school district;
[
(v)
] 
(iv)
 a local district under Title 17B, Limited Purpose Local Government Entities -
Local Districts; or
[
(vi)
] 
(v)
 a special service district under Title 17D, Chapter 1, Special Service District
Act.
(5) "Independent state agency" means an entity that is created by the state, but is
independent of the governor's direct supervisory control.
(6) "Money held in trust" means money maintained for the benefit of:
(a) one or more private individuals, including public employees;
(b) one or more public or private entities; or
(c) the owners of a quasi-public corporation.
(7) "Public corporation" means an artificial person, public in ownership, individually
created by the state as a body politic and corporate for the administration of a public purpose
relating to the state or its citizens.
(8) "Quasi-public corporation" means an artificial person, private in ownership,
individually created as a corporation by the state, which has accepted from the state the grant of
a franchise or contract involving the performance of a public purpose relating to the state or its
citizens.
Section 3. Section 
63E-1-201
 is amended to read:
63E-1-201.
Retirement and Independent Entities Committee creation.
(1) There is created the Retirement and Independent Entities Committee composed of
15 legislators appointed as follows:
(a) six senators, appointed by the president of the Senate, with at least two senators
from the minority party; and
(b) nine representatives, appointed by the speaker of the House of Representatives,
with at least three representatives from the minority party.
(2) (a) The president of the Senate shall designate one of the Senate appointees as a
cochair of the committee.
(b) The speaker of the House of Representatives shall designate one of the House of
Representatives appointees as a cochair of the committee.
(3) Committee members serve for two years, but may be reappointed by the speaker or
the president.
(4) 
(a)
 The committee shall meet at least twice each year, but may meet more
frequently if the chairs determine that additional meetings are needed.
(b) At the committee chairs' discretion, the committee may meet during the period that
begins on the first Thursday in December and ends on the day before the beginning of the
annual general session to review pending or proposed legislation related to:
(i) an existing independent entity;
(ii) the creation of a new independent entity; or
(iii) Title 49, Utah State Retirement and Insurance Benefit Act.
(5) [
In conducting all of its business
] 
Except as provided in Subsection (4)
, the
committee shall comply with the rules of legislative interim committees.
(6) The Office of Legislative Research and General Counsel shall provide staff services
to the committee.
(7) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 4. Section 
63E-1-202
 is amended to read:
63E-1-202.
Duties of the committee.
(1) The committee shall:
(a) study the scope of this title and determine what entities should be treated under this
title as independent entities;
(b) review annually new entities created by the state and entities registered as
independent entities pursuant to Section 
67-1a-15
 to determine if any entities should be added
to the list of independent entities in Section 
63E-1-102
;
[
(b)
] 
(c)
 study the provisions of the Utah Code that govern each independent entity,
including whether or not there should be consistency in these provisions;
[
(c)
] 
(d)
 study what provisions of the Utah Code, if any, from which each independent
entity should be exempted;
[
(d)
] 
(e)
 study whether or not the state should receive services from or provide services
to each independent entity;
[
(e)
] 
(f)
 request and hear reports from each independent entity;
[
(f)
] 
(g)
 review the annual audit of each independent entity that is performed in
accordance with the statutes governing the independent entity;
[
(g)
] 
(h)
 comply with Part 3, Creation of Independent Entities, in reviewing a proposal
to create a new independent entity;
[
(h)
] 
(i)
 if the committee recommends a change in the organizational status of an
independent entity as provided in Subsection (2) and subject to Part 4, Privatization of
Independent Entities, recommend the appropriate method of changing the organizational status
of the independent entity;
 and
(j) study pending and proposed legislation, funding, and other issues related to Title 49,
Utah State Retirement and Insurance Benefit Act.
[
(i) study the following concerning an entity created by local agreement under Title 11,
Chapter 13, Interlocal Cooperation Act, if the state is a party to the agreement creating the
entity:
]
[
(i) whether or not the entity should be subject to this chapter;
]
[
(ii) whether or not the state should receive services from or provide services to the
entity;
]
[
(iii) reporting and audit requirements for the entity; and
]
[
(iv) the need, if any, to modify statutes related to the entity;
]
[
(j) make a recommendation on the organizational status of each independent entity
prior to the 2002 General Session; and
]
[
(k) report annually to the Legislative Management Committee by no later than the
Legislative Management Committee's November meeting.
]
(2) The committee may:
(a) establish a form for any report required under Subsection (1);
(b) make recommendations to the Legislature concerning the organizational status of
an independent entity;
 and
(c) advise the Legislature concerning issues involving independent entities[
; and
]
.
[
(d) study issues related to the implementation of Title 49, Utah State Retirement and
Insurance Benefit Act.
]
Section 5. Section 
63E-1-402
 is amended to read:
63E-1-402.
Benefits to interested parties of an independent entity -- Disposition of
unused appropriations.
(1) If an independent entity is privatized, the following may not receive any benefit
prohibited under Subsection (2):
(a) an interested party of the independent entity;
(b) an entity in which an interested party holds a business interest;
(c) a lobbyist of the independent entity; or
(d) an entity in which a lobbyist of the independent entity holds a business interest.
(2) If an independent entity is privatized:
(a) a person described in Subsection (1)(a) or (b) may not receive:
(i) compensation from an independent entity that is conditioned in whole or in part on:
(A) the passage, defeat, or amendment of legislative action related to privatization; or
(B) the approval, modification, or denial of an executive action related to privatization;
or
(ii) any asset of the independent entity or its successor; and
(b) a person described in Subsection (1)(c) or (d) may not receive any:
(i) compensation that if received by the lobbyist would be in violation of Section
36-11-301
; or
(ii) asset of the independent entity or its successor.
(3) Subsection (2)(a)(ii) does not apply to funds in a loan program administered by an
independent entity if:
(a) the funds were provided by an entity other than the state or were derived from those
funds, including loan payments, interest, and other charges paid by borrowers;
(b) the person described in Subsection (1)(a) or (b) who receives the funds assumes all
duties and obligations of the independent entity:
(i) under the contract with the entity that provided the initial funding; and
(ii) relating to the loan program;
(c) separate records have been maintained regarding the use of the funds;
(d) the funds may only be used for purposes specified in an agreement with the entity
that provided the initial funding; and
(e) the funds may only be transferred to a person described in Subsection (1)(a) or (b) if
the transfer is approved by the entity that provided the initial funding.
(4) (a) If an action described in Subsection 
63E-1-401
(5)(b)(i) or (ii) is taken under
circumstances in which the independent entity is no longer functioning, the independent entity
shall return to the Division of Finance any unused appropriations made to the independent
entity by the Legislature.
(b) The Division of Finance shall deposit funds received under Subsection (4)(a) into
the General Fund.
Section 6. 
Repealer.
This bill repeals:
Section 
63E-1-203
,
Exemptions from committee activities.