Section 316 – Project entity oversight.

• (1) Notwithstanding any other provision of law, a project entity is a political subdivision that:
  • (a) pursuant to Utah Constitution, Article VI, Section 33, is subject to the authority of the legislative auditor to conduct audits of any funds, functions, and accounts in any political subdivision of this state; and
  • (b) is subject to the requirement to provide the Office of the Legislative Auditor General with all records, documents, and reports necessary for the legislative auditor general or the office to fulfill the duties described in Subsection (1)(a).

• (2) Subsection (1) takes precedence over Section 36-12-15.

• (3) A project entity shall comply with Title 63G, Chapter 6a, Utah Procurement Code, unless the governing board of the project entity adopts policies for procurement that enable the project entity to efficiently fulfill the project entity’s responsibilities under the project entity’s organization agreement.

• (4) If a project entity does not adopt policies for procurement under Subsection (3), then for purposes of Title 63G, Chapter 6a, Utah Procurement Code:
  • (a) the project entity is a local government procurement unit, as defined in Section 63G-6a-103; and
  • (b) the governing board is a procurement official, as defined in Section 63G-6a-103.

• (5) A project entity shall comply with Title 52, Chapter 4, Open and Public Meetings Act.

Amended by Chapter 422, 2022 General Session