Huntsman's executive orders are under scrutiny
Changes in governor's office spur questions about rule-making
It's a question a group of state legislators is tussling with as Gov. Jon Huntsman Jr. brings the state's economic development activities into his own office.
In addition, legislators are wondering if any statewide elected official can issue executive orders — even though Attorney General Mark Shurtleff, Auditor Austin Johnson and Treasurer Ed Alter may not call them by that name and may have never issued any.
"There's a lot of questions about this. We're just trying to discuss some alternatives," says Rep. Dave Ure, co-chairman of the Administrative Rules Committee, which is holding hearings on the long-held power of governors to issue executive orders.
Ure and other legislators say they are unaware of any executive order from freshman Huntsman that causes them direct concern. But they admit lawmakers don't often see all executive orders a governor may issue.
If Huntsman had kept the state's economic development activities in a separate department instead of moving it into his office, the questions probably wouldn't have come up, Ure said.
Apparently so; there is no process whereby lawmakers can review, change or revoke executive orders.
Huntsman spokeswoman Tammy Kikuchi says there really is no problem. "We don't have, don't want, rule-making authority in the governor's office." And without that power, Huntsman's top aides don't see a concern. "We have no plans to issue any" orders or rules on economic development, anyway, she said.
Some lawmakers still see a potential hole in the Legislature's oversight net.
Under current law, executive departments have exhaustive rule-making authority. The Legislature's Administrative Rule Committee meets every two weeks to review the rules that executive departments issue to govern the thousands of laws the Legislature passes. Each general session there is a comprehensive bill introduced that repeals or changes rules lawmakers don't like — although more often, through the committee's work, executive branch bosses voluntarily change rules legislative leaders disagree with.
With no oversight, executive orders can't be so changed by the Legislature..
"And it would probably be unconstitutional for us" to overturn executive orders, Ure said. "So what do we do?"
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