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uca_title_67.txt
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uca_title_67.txt
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Utah Code Annotated - Title 67 - State Officers and Employees
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Utah Code Annotated - Title 67 - Chapter 1 - Governor
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Utah Code Annotated § 67-1-1 General powers and duties.
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In addition to those prescribed by the constitution, the governor has the following powers and must perform the following duties:Utah Code Annotated § 67-1-1(1): He shall supervise the official conduct of all executive and ministerial officers.
Utah Code Annotated § 67-1-1(2): He shall see that all offices are filled and the duties thereof performed, or in default thereof, apply such remedy as the law allows, and, if the remedy is imperfect, acquaint the Legislature therewith at its next session.
Utah Code Annotated § 67-1-1(3): He shall make appointments and fill vacancies as required by law.
Utah Code Annotated § 67-1-1(4): He is the sole official organ of communication between the government of this state and the government of any other state and of the United States.
Utah Code Annotated § 67-1-1(5): Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney general to appear on behalf of the state, and may employ such additional counsel as he may judge expedient.
Utah Code Annotated § 67-1-1(6): He may require the attorney general or the county attorney or district attorney of any county to inquire into the affairs or management of any corporation doing business in this state.
Utah Code Annotated § 67-1-1(7): He may require the attorney general to aid any county attorney or district attorney in the discharge of his duties.
Utah Code Annotated § 67-1-1(8): He may offer rewards, not exceeding $1,000 each, payable out of the general fund, for the apprehension of any convict who has escaped from the state prison, or any person who has committed, or is charged with the commission of, a felony.
Utah Code Annotated § 67-1-1(9): He must perform such duties respecting fugitives from justice as are prescribed by law.
Utah Code Annotated § 67-1-1(10): He must issue and transmit election proclamations as prescribed by law.
Utah Code Annotated § 67-1-1(11): He must issue land warrants and patents as prescribed by law.
Utah Code Annotated § 67-1-1(12): He must, prior to each regular meeting of the Legislature, deliver to the Division of Archives for publication all biennial reports of officers, commissions, and boards for the two preceding years.
Utah Code Annotated § 67-1-1(13): He may require any officer, commission, or board to make special reports to him in writing.
Utah Code Annotated § 67-1-1(14): He must discharge the duties of a member of all boards of which he is or may be made a member by the constitution or by law.
Utah Code Annotated § 67-1-1(15): He shall each year issue a proclamation recommending the observance of Arbor day, by the planting of trees, shrubs, and vines, in the promotion of forest growth and culture, and in the adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of such holiday.
Utah Code Annotated § 67-1-1(16): He has such other powers and must perform such other duties as are devolved upon him by law.
Utah Code Annotated § 67-1-1.5 Gubernatorial appointment powers.
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Utah Code Annotated § 67-1-1.5(1): As used in this section:
Utah Code Annotated § 67-1-1.5(1)(a): "Board member" means each gubernatorial appointee to any state board, committee, commission, council, or authority.
Utah Code Annotated § 67-1-1.5(1)(b): "Executive branch management position" includes department executive directors, division directors, and any other administrative position in state government where the person filling the position:
Utah Code Annotated § 67-1-1.5(1)(b)(i): works full-time performing managerial and administrative functions;
Utah Code Annotated § 67-1-1.5(1)(b)(ii): is appointed by the governor with the advice and consent of the Senate.
Utah Code Annotated § 67-1-1.5(1)(c):
Utah Code Annotated § 67-1-1.5(1)(c)(i): "Executive branch policy position" means any person other than a person filling an executive branch management position, who is appointed by the governor with the advice and consent of the Senate.
Utah Code Annotated § 67-1-1.5(1)(c)(ii): "Executive branch policy position" includes each member of any state board and commission appointed by the governor with the advice and consent of the Senate.
Utah Code Annotated § 67-1-1.5(2): (2)(a)
Utah Code Annotated § 67-1-1.5(2)(a): Whenever a vacancy occurs in any executive branch policy position or in any executive branch management position, the governor shall submit the name of a nominee to the Senate for advice and consent no later than three months after the day on which the vacancy occurs.
Utah Code Annotated § 67-1-1.5(2)(b): (2)(a) If the Senate fails to consent to that person within 90 days after the day on which the governor submits the nominee's name to the Senate for consent:
Utah Code Annotated § 67-1-1.5(2)(b)(i): the nomination is considered rejected; and
Utah Code Annotated § 67-1-1.5(2)(b)(ii): (2)(a) the governor shall resubmit the name of the nominee described in Subsection
Utah Code Annotated § 67-1-1.5(3): Whenever a vacancy occurs in any executive branch management position, the governor may either:
Utah Code Annotated § 67-1-1.5(3)(a): appoint an interim manager who meets the qualifications of the vacant position to exercise the powers and duties of the vacant position for three months, pending consent of a person to permanently fill that position by the Senate; or
Utah Code Annotated § 67-1-1.5(3)(b): appoint an interim manager who does not meet the qualifications of the vacant position and submit that person's name to the Senate for consent as interim manager within one month of the appointment.
Utah Code Annotated § 67-1-1.5(4): 67-1-2(2)(a); (3)(b); (4)(b)(i)(A); (3) Except for an interim manager appointed to a position described in Subsection
Utah Code Annotated § 67-1-1.5(4)(a): the nomination is considered rejected; and
Utah Code Annotated § 67-1-1.5(4)(b): (4)(b)(i)(A); (3) the governor may:
Utah Code Annotated § 67-1-1.5(4)(b)(i): (4)(b)(i)(A)
Utah Code Annotated § 67-1-1.5(4)(b)(i)(A): reappoint the interim manager to whom the Senate failed to consent within 30 days; and
Utah Code Annotated § 67-1-1.5(4)(b)(i)(B): (4)(b)(i)(A) resubmit the name of the person described in Subsection
Utah Code Annotated § 67-1-1.5(4)(b)(ii): (3) appoint a different interim manager under Subsection
Utah Code Annotated § 67-1-1.5(5): 67-1-2(2)(a); (3)(b); (5)(b)(i)(A); (3) For an interim manager appointed to a position described in Subsection
Utah Code Annotated § 67-1-1.5(5)(a): the nomination is considered rejected; and
Utah Code Annotated § 67-1-1.5(5)(b): (5)(b)(i)(A); (3) the governor may:
Utah Code Annotated § 67-1-1.5(5)(b)(i): (5)(b)(i)(A)
Utah Code Annotated § 67-1-1.5(5)(b)(i)(A): reappoint the interim manager to whom the Senate failed to consent; and
Utah Code Annotated § 67-1-1.5(5)(b)(i)(B): (5)(b)(i)(A) resubmit the name of the person described in Subsection
Utah Code Annotated § 67-1-1.5(5)(b)(ii): (3) appoint a different interim manager under Subsection
Utah Code Annotated § 67-1-1.5(6): If, after an interim manager has served three months, no one has been appointed and received Senate consent to permanently fill the position, the governor shall:
Utah Code Annotated § 67-1-1.5(6)(a): appoint a new interim manager who meets the qualifications of the vacant position to exercise the powers and duties of the vacant position for three months; or
Utah Code Annotated § 67-1-1.5(6)(b): submit the name of the first interim manager to the Senate for consent as an interim manager for a three-month term.
Utah Code Annotated § 67-1-1.5(7): (6)(b); (6)(b); (6)(b); (3) If the Senate fails to consent to a nominee whose name is submitted under Subsection
Utah Code Annotated § 67-1-1.5(7)(a): the nomination is considered rejected; and
Utah Code Annotated § 67-1-1.5(7)(b): (6)(b); (6)(b); (3) the governor shall:
Utah Code Annotated § 67-1-1.5(7)(b)(i): (6)(b); (6)(b)
Utah Code Annotated § 67-1-1.5(7)(b)(i)(A): (6)(b) reappoint the person described in Subsection
Utah Code Annotated § 67-1-1.5(7)(b)(i)(B): (6)(b) resubmit the name of the person described in Subsection
Utah Code Annotated § 67-1-1.5(7)(b)(ii): (3) appoint a different interim manager in the manner required by Subsection
Utah Code Annotated § 67-1-1.5(8): The governor may not make a temporary appointment to fill a vacant executive branch policy position.
Utah Code Annotated § 67-1-1.5(9):
Utah Code Annotated § 67-1-1.5(9)(a): Before appointing any person to serve as a board member, the governor shall ask the person whether the person wishes to receive per diem, expenses, or both for serving as a board member.
Utah Code Annotated § 67-1-1.5(9)(b): If the person declines to receive per diem, expenses, or both, the governor shall notify the agency administering the board, commission, committee, council, or authority and direct the agency to implement the board member's request.
Utah Code Annotated § 67-1-1.5(10): A gubernatorial nomination upon which the Senate has not acted to give consent or refuse to give consent is void when a vacancy in the office of governor occurs.
Utah Code Annotated § 67-1-2 Senate confirmation of gubernatorial nominees -- Verification of nomination requirements -- Consultation on appointments -- Notification of anticipated vacancies.
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Utah Code Annotated § 67-1-2(1): (3); 63G-24-204; (1)
Utah Code Annotated § 67-1-2(1)(a): (3); 63G-24-204 Except as provided in Subsection
Utah Code Annotated § 67-1-2(1)(a)(i): the nominee's name and biographical information, including a resume and curriculum vitae with personal contact information, including home address, email address, and telephone number, redacted, except that the governor shall send to the Office of Legislative Research and General Counsel the contact information for the nominee;
Utah Code Annotated § 67-1-2(1)(a)(ii): a detailed list, with citations, of the legal requirements for the appointed position;
Utah Code Annotated § 67-1-2(1)(a)(iii): a detailed list with supporting documents explaining how, and verifying that, the nominee meets each statutory and constitutional requirement for the appointed position;
Utah Code Annotated § 67-1-2(1)(a)(iv): a written certification by the governor that the nominee satisfies all requirements for the appointment; and
Utah Code Annotated § 67-1-2(1)(a)(v): 63G-24-204 public comment information collected in accordance with Section
Utah Code Annotated § 67-1-2(1)(b): (1) This Subsection
Utah Code Annotated § 67-1-2(2): (1); (2)(a)
Utah Code Annotated § 67-1-2(2)(a): (1) A majority of the president of the Senate, the Senate majority leader, and the Senate minority leader may waive the 30-day requirement described in Subsection
Utah Code Annotated § 67-1-2(2)(a)(i): the executive director of a department;
Utah Code Annotated § 67-1-2(2)(a)(ii): the executive director of the Governor's Office of Economic Opportunity;
Utah Code Annotated § 67-1-2(2)(a)(iii): the executive director of the Labor Commission;
Utah Code Annotated § 67-1-2(2)(a)(iv): a member of the State Tax Commission;
Utah Code Annotated § 67-1-2(2)(a)(v): a member of the State Board of Education;
Utah Code Annotated § 67-1-2(2)(a)(vi): a member of the Utah Board of Higher Education; or
Utah Code Annotated § 67-1-2(2)(a)(vii): an individual:
Utah Code Annotated § 67-1-2(2)(a)(vii)(A): whose appointment requires the advice and consent of the Senate; and
Utah Code Annotated § 67-1-2(2)(a)(vii)(B): whom the governor designates as a member of the governor's cabinet.
Utah Code Annotated § 67-1-2(2)(b): (2)(a) The Senate shall hold a confirmation hearing for a nominee for an individual described in Subsection
Utah Code Annotated § 67-1-2(3): The governor shall:
Utah Code Annotated § 67-1-2(3)(a): if the governor is aware of an upcoming vacancy in a position that requires Senate confirmation, provide notice of the upcoming vacancy to the president of the Senate, the Senate minority leader, and the Office of Legislative Research and General Counsel at least 30 days before the day on which the vacancy occurs; and
Utah Code Annotated § 67-1-2(3)(b): establish a process for government entities and other relevant organizations to provide input on gubernatorial appointments.
Utah Code Annotated § 67-1-2(4): When the governor makes a judicial appointment, the governor shall immediately provide to the president of the Senate and the Office of Legislative Research and General Counsel:
Utah Code Annotated § 67-1-2(4)(a): the name of the judicial appointee; and
Utah Code Annotated § 67-1-2(4)(b): the judicial appointee's:
Utah Code Annotated § 67-1-2(4)(b)(i): resume;
Utah Code Annotated § 67-1-2(4)(b)(ii): complete file of all the application materials the governor received from the judicial nominating commission; and
Utah Code Annotated § 67-1-2(4)(b)(iii): any other related documents, including any letters received by the governor about the appointee, unless the letter specifically directs that the letter may not be shared.
Utah Code Annotated § 67-1-2(5): (4)(b)(iii) The governor shall inform the president of the Senate and the Office of Legislative Research and General Counsel of the number of letters withheld pursuant to Subsection
Utah Code Annotated § 67-1-2(6): 63G-2-302; (6); 63G-2-302
Utah Code Annotated § 67-1-2(6)(a): 63G-2-302 Letters of inquiry submitted by any judge at the request of any judicial nominating commission are classified as private in accordance with Section
Utah Code Annotated § 67-1-2(6)(b): (6); 63G-2-302 All other records received from the governor pursuant to this Subsection
Utah Code Annotated § 67-1-2(7): The Senate shall consent or refuse to give the Senate's consent to a nomination or judicial appointment.
Utah Code Annotated § 67-1-2.5 Executive boards -- Database -- Governor's review of new boards -- Creation of boards and commissions -- Inactive boards.
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Utah Code Annotated § 67-1-2.5(1): As used in this section:
Utah Code Annotated § 67-1-2.5(1)(a): "Administrator" means the boards and commissions administrator designated under Subsection (3).
Utah Code Annotated § 67-1-2.5(1)(b): "Executive board" means an executive branch board, commission, council, committee, working group, task force, study group, advisory group, or other body:
Utah Code Annotated § 67-1-2.5(1)(b)(i): with a defined limited membership;
Utah Code Annotated § 67-1-2.5(1)(b)(ii): that is created 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; and
Utah Code Annotated § 67-1-2.5(1)(b)(iii): that is created to operate for more than six months.
Utah Code Annotated § 67-1-2.5(1)(c): "Inactive board" means a board that does not need to function at the present time, but may need to function in the future.
Utah Code Annotated § 67-1-2.5(1)(d): "Interim committee" means the same as that term is defined in Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative Committees.
Utah Code Annotated § 67-1-2.5(2):
Utah Code Annotated § 67-1-2.5(2)(a): Except as provided in Subsection (2)(c), before August 1 of the calendar year following the year in which a new executive board is created in statute, the governor shall:
Utah Code Annotated § 67-1-2.5(2)(a)(i): review the executive board to evaluate:
Utah Code Annotated § 67-1-2.5(2)(a)(i)(A): whether the executive board accomplishes a substantial governmental interest; and
Utah Code Annotated § 67-1-2.5(2)(a)(i)(B): whether it is necessary for the executive board tocontinue to exist;
Utah Code Annotated § 67-1-2.5(2)(a)(ii): in the governor's review described in Subsection (2)(a)(i), consider:
Utah Code Annotated § 67-1-2.5(2)(a)(ii)(A): the funding required for the executive board;
Utah Code Annotated § 67-1-2.5(2)(a)(ii)(B): the staffing resources required for the executive board;
Utah Code Annotated § 67-1-2.5(2)(a)(ii)(C): the time members of the executive board are required to commit to serve on the executive board; and
Utah Code Annotated § 67-1-2.5(2)(a)(ii)(D): whether the responsibilities of the executive board could reasonably be accomplished through an existing entity or without statutory direction; and
Utah Code Annotated § 67-1-2.5(2)(a)(iii): submit a report to the Government Operations Interim Committee recommending that the Legislature:
Utah Code Annotated § 67-1-2.5(2)(a)(iii)(A): repeal the executive board;
Utah Code Annotated § 67-1-2.5(2)(a)(iii)(B): add a sunset provision or future repeal date to the executive board;
Utah Code Annotated § 67-1-2.5(2)(a)(iii)(C): make other changes to make the executive board more efficient; or
Utah Code Annotated § 67-1-2.5(2)(a)(iii)(D): make no changes to the executive board.
Utah Code Annotated § 67-1-2.5(2)(b): In conducting the evaluation described in Subsection (2)(a), the governor shall give deference to:
Utah Code Annotated § 67-1-2.5(2)(b)(i): reducing the size of government; and
Utah Code Annotated § 67-1-2.5(2)(b)(ii): making governmental programs more efficient and effective.
Utah Code Annotated § 67-1-2.5(2)(c): The governor is not required to conduct the review or submit the report described in Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1, Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
Utah Code Annotated § 67-1-2.5(3): 63G-24-102
Utah Code Annotated § 67-1-2.5(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.
Utah Code Annotated § 67-1-2.5(3)(b): 63G-24-102 The administrator shall ensure that the database contains:
Utah Code Annotated § 67-1-2.5(3)(b)(i): the name of each executive board;
Utah Code Annotated § 67-1-2.5(3)(b)(ii): the current statutory or constitutional authority for the creation of the executive board;
Utah Code Annotated § 67-1-2.5(3)(b)(iii): the sunset date on which each executive board's statutory authority expires;
Utah Code Annotated § 67-1-2.5(3)(b)(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;
Utah Code Annotated § 67-1-2.5(3)(b)(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;
Utah Code Annotated § 67-1-2.5(3)(b)(vi): the title of the position held by the person who appointed each member of the executive board;
Utah Code Annotated § 67-1-2.5(3)(b)(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;
Utah Code Annotated § 67-1-2.5(3)(b)(viii): whether members appointed to the executive board require the advice and consent of the Senate;
Utah Code Annotated § 67-1-2.5(3)(b)(ix): the organization, interest group, profession, local government entity, or geographic area that an individual appointed to an executive board represents, if any;
Utah Code Annotated § 67-1-2.5(3)(b)(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;
Utah Code Annotated § 67-1-2.5(3)(b)(xi): whether each executive board is a policy board or an advisory board;
Utah Code Annotated § 67-1-2.5(3)(b)(xii): 63G-24-102 whether the executive board has or exercises rulemaking authority, or is a rulemaking board as defined in Section
Utah Code Annotated § 67-1-2.5(3)(b)(xiii): any compensation and expense reimbursement that members of the executive board are authorized to receive.
Utah Code Annotated § 67-1-2.5(4): The administrator shall ensure the governor's website includes:
Utah Code Annotated § 67-1-2.5(4)(a): the information contained in the database, except for an individual's:
Utah Code Annotated § 67-1-2.5(4)(a)(i): physical address;
Utah Code Annotated § 67-1-2.5(4)(a)(ii): email address; and
Utah Code Annotated § 67-1-2.5(4)(a)(iii): telephone number;
Utah Code Annotated § 67-1-2.5(4)(b): a portal, accessible on each executive board's web page within the governor's website, through which a member of the public may provide input on:
Utah Code Annotated § 67-1-2.5(4)(b)(i): an individual appointed to serve on the executive board; or
Utah Code Annotated § 67-1-2.5(4)(b)(ii): a sitting member of the executive board;
Utah Code Annotated § 67-1-2.5(4)(c): each report the administrator receives under Subsection (5); and
Utah Code Annotated § 67-1-2.5(4)(d): the summary report described in Subsection (6).
Utah Code Annotated § 67-1-2.5(5):
Utah Code Annotated § 67-1-2.5(5)(a): Before August 1, in each even-numbered year, each executive board shall prepare and submit to the administrator a report that includes:
Utah Code Annotated § 67-1-2.5(5)(a)(i): the name of the executive board;
Utah Code Annotated § 67-1-2.5(5)(a)(ii): a description of the executive board's official function and purpose;
Utah Code Annotated § 67-1-2.5(5)(a)(iii): a description of the actions taken by the executive board since the last report the executive board submitted to the administrator under this Subsection (5);
Utah Code Annotated § 67-1-2.5(5)(a)(iv): recommendations on whether any statutory, rule, or other changes are needed to make the executive board more effective; and
Utah Code Annotated § 67-1-2.5(5)(a)(v): an indication of whether the executive board should continue to exist.
Utah Code Annotated § 67-1-2.5(5)(b): The administrator shall compile and post the reports described in Subsection (5)(a) to the governor's website before September 1 of a calendar year in which the administrator receives a report described in Subsection (5)(a).
Utah Code Annotated § 67-1-2.5(6): 63A-16-601; 68-3-14
Utah Code Annotated § 67-1-2.5(6)(a): 63A-16-601 Before September 1 of a calendar year in which the administrator receives a report described in Subsection (5)(a), the administrator shall prepare a report that includes:
Utah Code Annotated § 67-1-2.5(6)(a)(i): as of July 1 of that year, the total number of executive boards that exist;
Utah Code Annotated § 67-1-2.5(6)(a)(ii): a summary of the reports submitted to the administrator under Subsection (5), including:
Utah Code Annotated § 67-1-2.5(6)(a)(ii)(A): a list of each executive board that submitted a report under Subsection (5);
Utah Code Annotated § 67-1-2.5(6)(a)(ii)(B): a list of each executive board that failed to timely submit a report under Subsection (5);
Utah Code Annotated § 67-1-2.5(6)(a)(ii)(C): an indication of any recommendations made under Subsection (5)(a)(iv);
Utah Code Annotated § 67-1-2.5(6)(a)(ii)(D): a list of any executive boards that indicated under Subsection (5)(a)(v) that the executive board should no longer exist; and
Utah Code Annotated § 67-1-2.5(6)(a)(ii)(E): a recommendation regarding whether the administrator recommends the executive board should continue to exist; and
Utah Code Annotated § 67-1-2.5(6)(a)(iii): 63A-16-601 a list of each executive board, identified and reported by the Division of Archives and Record Services under Section
Utah Code Annotated § 67-1-2.5(6)(b): 68-3-14 On or before September 1 of a calendar year in which the administrator prepares a report described in Subsection (6)(a), in accordance with Section
Utah Code Annotated § 67-1-2.5(6)(b)(i): the president of the Senate;
Utah Code Annotated § 67-1-2.5(6)(b)(ii): the speaker of the House of Representatives; and
Utah Code Annotated § 67-1-2.5(6)(b)(iii): the Government Operations Interim Committee.
Utah Code Annotated § 67-1-2.5(6)(c):
Utah Code Annotated § 67-1-2.5(6)(c)(i): Within 60 days after the day on which an executive board fails to timely submit a report under Subsection (5), a legislative interim committee shall conduct a review to determine whether to recommend repeal of the executive board.
Utah Code Annotated § 67-1-2.5(6)(c)(ii): The Office of Legislative Research and General Counsel shall notify the chairs of an interim committee whose subject area most closely relates to an executive board described in Subsection (6)(c)(i) of:
Utah Code Annotated § 67-1-2.5(6)(c)(ii)(A): the name of the board;
Utah Code Annotated § 67-1-2.5(6)(c)(ii)(B): information regarding the function of the board; and
Utah Code Annotated § 67-1-2.5(6)(c)(ii)(C): the deadline by which the interim committee is required to conduct a review described in Subsection (6)(c)(i).
Utah Code Annotated § 67-1-2.5(6)(c)(iii): If there is not an interim committee with a subject area relating to the executive board, or if the interim committee described in Subsection (6)(c)(ii) is unable to timely conduct the review described in Subsection (6)(c), the Government Operations Interim Committee shall conduct the review.
Utah Code Annotated § 67-1-2.5(6)(c)(iv): If an interim committee recommends that an executive board described in Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General Counsel shall draft a bill repealing the executive board.
Utah Code Annotated § 67-1-2.5(7): The Legislature may not create an executive board except through a bill that receives a favorable recommendation by unanimous vote of an interim committee.
Utah Code Annotated § 67-1-2.5(8): Except for an executive board created by the Utah Constitution, an interim committee may determine that an executive board is an inactive board and recommend that the governor deactivate the executive board.
Utah Code Annotated § 67-1-2.5(9): Except for an executive board created by the Utah Constitution, an interim committee may recommend that the governor reactivate a deactivated executive board.
Utah Code Annotated § 67-1-2.5(10): 67-1-2.5 If an interim committee recommends that the governor deactivate or reactivate an executive board, the chairs of the interim committee shall submit a written notice identifying the name of the executive board and the reason for the recommendation to:
Utah Code Annotated § 67-1-2.5(10)(a): the governor;
Utah Code Annotated § 67-1-2.5(10)(b): the chairs of the Legislative Management Committee;
Utah Code Annotated § 67-1-2.5(10)(c): 67-1-2.5 the administrator, as defined in Section
Utah Code Annotated § 67-1-2.5(10)(d): the executive branch agency that oversees the board.
Utah Code Annotated § 67-1-2.5(11): Except for an executive board created by the Utah Constitution, the Legislature may deactivate or reactivate an executive board by concurrent resolution.
Utah Code Annotated § 67-1-2.5(12):
Utah Code Annotated § 67-1-2.5(12)(a): Except as provided in Subsection (12)(c), the governor may determine that an executive board is an inactive board:
Utah Code Annotated § 67-1-2.5(12)(a)(i): in response to the recommendation of an interim committee; or
Utah Code Annotated § 67-1-2.5(12)(a)(ii): based on the governor's own determination.
Utah Code Annotated § 67-1-2.5(12)(b): Except as provided in Subsection (12)(c), if the governor determines that an executive board is an inactive board, the governor may deactivate the executive board.
Utah Code Annotated § 67-1-2.5(12)(c): The governor may not deactivate an executive board if:
Utah Code Annotated § 67-1-2.5(12)(c)(i): the executive board is created by the Utah Constitution;
Utah Code Annotated § 67-1-2.5(12)(c)(ii): within the previous one-year period, the Legislature created the executive board, reauthorized the executive board, or, by concurrent resolution, reactivated the executive board; or
Utah Code Annotated § 67-1-2.5(12)(c)(iii): the board is created by a statute that expressly prohibits the governor from deactivating the executive board.
Utah Code Annotated § 67-1-2.5(12)(d): An executive board that the governor deactivates under Subsection (12)(b), or that the Legislature deactivates by concurrent resolution, may not take an action or fulfill a duty that the executive board is otherwise statutorily authorized to take or fulfill.
Utah Code Annotated § 67-1-2.5(13):
Utah Code Annotated § 67-1-2.5(13)(a): Except as provided in Subsection (13)(c), the governor may determine that a deactivated executive board should be reactivated.
Utah Code Annotated § 67-1-2.5(13)(b): Except as provided in Subsection (13)(c), if the governor determines that a deactivated executive board should be reactivated, the governor may reactivate the executive board.
Utah Code Annotated § 67-1-2.5(13)(c): The governor may not reactivate an executive board if:
Utah Code Annotated § 67-1-2.5(13)(c)(i): within the previous one-year period, the Legislature deactivated the executive board by concurrent resolution; or
Utah Code Annotated § 67-1-2.5(13)(c)(ii): the board is created by a statute that expressly prohibits the governor from reactivating the executive board.
Utah Code Annotated § 67-1-2.5(13)(d): An executive board that the governor reactivates under Subsection (13)(b), or that the Legislature reactivates by concurrent resolution, may take an action or fulfill a duty that the executive board is statutorily authorized to take or fulfill.
Utah Code Annotated § 67-1-2.5(14): 67-1-2.5 Before the governor deactivates or reactivates an executive board under this section, the governor shall submit a written notice identifying the name of the board and the reason the governor has determined to deactivate or reactivate the executive board to:
Utah Code Annotated § 67-1-2.5(14)(a): the chairs of the Legislative Management Committee;
Utah Code Annotated § 67-1-2.5(14)(b): the chairs of the Government Operations Interim Committee;
Utah Code Annotated § 67-1-2.5(14)(c): 67-1-2.5 the administrator, as defined in Section
Utah Code Annotated § 67-1-2.5(14)(d): the executive branch agency that oversees the board.
Utah Code Annotated § 67-1-3 Removal of gubernatorial appointee.
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Utah Code Annotated § 67-1-3(1): Any time during a recess of the Legislature, the governor may remove any gubernatorial appointee for official misconduct, habitual or willful neglect of duty, or for other good and sufficient cause.
Utah Code Annotated § 67-1-3(2): 67-1-1.5 If the appointment required the advice and consent of the Senate, the governor may fill the vacancy created by the removal by following the procedures and requirements of Section
Utah Code Annotated § 67-1-4 Records to be kept.
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The governor must cause to be kept the following records:Utah Code Annotated § 67-1-4(1): An account of all the governor's official expenses and disbursements, including the incidental expenses of the governor's department, and an account of all rewards offered by the governor for the apprehension of criminals and persons charged with crime.
Utah Code Annotated § 67-1-4(2): A register of all appointments made by the governor, with dates of commissions and names of appointees and predecessors.
Utah Code Annotated § 67-1-5 Commissioning officers.
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The governor must commission all officers of the militia, and all officers appointed by the governor or by the governor with the advice and consent of the Senate.
Utah Code Annotated § 67-1-6 Acting governor -- Powers and duties.
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Every provision of law relating to the powers and duties of the governor, and relating to acts and duties to be performed by others toward the governor, extends to the person performing, for the time being, the duties of governor.
Utah Code Annotated § 67-1-8.1 Executive Residence Commission -- Recommendations as to use, maintenance, and operation of executive residence.
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Utah Code Annotated § 67-1-8.1(1): The Legislature finds and declares that:
Utah Code Annotated § 67-1-8.1(1)(a): the state property known as the Thomas Kearns Mansion is a recognized state landmark possessing historical and architectural qualities that should be preserved; and
Utah Code Annotated § 67-1-8.1(1)(b): the Thomas Kearns Mansion was the first building listed on the National Register of Historic Places in the state.
Utah Code Annotated § 67-1-8.1(2): As used in this section:
Utah Code Annotated § 67-1-8.1(2)(a): "Executive residence" includes the:
Utah Code Annotated § 67-1-8.1(2)(a)(i): Thomas Kearns Mansion;
Utah Code Annotated § 67-1-8.1(2)(a)(ii): Carriage House building;
Utah Code Annotated § 67-1-8.1(2)(a)(iii): grounds and landscaping surrounding the Thomas Kearns Mansion and the Carriage House building ; and
Utah Code Annotated § 67-1-8.1(2)(a)(iv): state owned property included in the Salt Lake City area bounded by South Temple, G Street, First Avenue, and H Street.
Utah Code Annotated § 67-1-8.1(2)(b): "Commission" means the Executive Residence Commission established in this section.
Utah Code Annotated § 67-1-8.1(3):
Utah Code Annotated § 67-1-8.1(3)(a): An Executive Residence Commission is established to make recommendations to the Division of Facilities Construction and Management for the use, operation, maintenance, repair, rehabilitation, alteration, restoration, placement of art and monuments, or adoptive use of the executive residence.
Utah Code Annotated § 67-1-8.1(3)(b): The commission shall meet at least once a year and make any recommendations to the Division of Facilities Construction and Management prior to August 1 of each year.
Utah Code Annotated § 67-1-8.1(4): The commission shall consist of nine voting members and one ex officio, nonvoting member representing the Governor's Mansion Foundation. The membership shall consist of:
Utah Code Annotated § 67-1-8.1(4)(a): three private citizens appointed by the governor, who have demonstrated an interest in historical preservation;
Utah Code Annotated § 67-1-8.1(4)(b): three additional private citizens appointed by the governor with the following background:
Utah Code Annotated § 67-1-8.1(4)(b)(i): an interior design professional with a background in historic spaces;
Utah Code Annotated § 67-1-8.1(4)(b)(ii): an architect with a background in historic preservation and restoration recommended by the Utah chapter of the American Institute of Architects; and
Utah Code Annotated § 67-1-8.1(4)(b)(iii): a landscape architect with a background and knowledge of historic properties recommended by the Utah chapter of the American Society of Landscape Architects;
Utah Code Annotated § 67-1-8.1(4)(c): the director, or director's designee, of the Division of Art and Museums;
Utah Code Annotated § 67-1-8.1(4)(d): the director, or director's designee, of the Utah Historical Society; and
Utah Code Annotated § 67-1-8.1(4)(e): the executive director, or executive director's designee, of the Department of Government Operations.
Utah Code Annotated § 67-1-8.1(5): (5)(b); (5)(a)
Utah Code Annotated § 67-1-8.1(5)(a): (5)(b) Except as required by Subsection
Utah Code Annotated § 67-1-8.1(5)(b): (5)(a) Notwithstanding the requirements of Subsection
Utah Code Annotated § 67-1-8.1(6):
Utah Code Annotated § 67-1-8.1(6)(a): The governor shall appoint a chair from among the membership of the commission.
Utah Code Annotated § 67-1-8.1(6)(b): Six members of the commission shall constitute a quorum, and either the chair or two other members of the commission may call meetings of the commission.
Utah Code Annotated § 67-1-8.1(7): When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
Utah Code Annotated § 67-1-8.1(8): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 67-1-8.1(8)(a): 63A-3-106 Section
Utah Code Annotated § 67-1-8.1(8)(b): 63A-3-107 Section
Utah Code Annotated § 67-1-8.1(8)(c): 63A-3-106; 63A-3-107 rules made by the Division of Finance pursuant to Sections
Utah Code Annotated § 67-1-8.1(9): The Division of Facilities Construction and Management shall provide the administrative support to the commission.
Utah Code Annotated § 67-1-9 Governor's residence -- Sources of funds.
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Utah Code Annotated § 67-1-9(1): The Kearns' mansion shall be the official residence of the governor.
Utah Code Annotated § 67-1-9(2): 67-1-8.1 The Division of Facilities Construction and Management may apply for, accept and expend funds from federal and other sources for carrying out the purposes of Section
Utah Code Annotated § 67-1-10 Spouse of the governor -- Status as state employee.
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The spouse of the governor of the state, when acting as a representative of this state, shall be considered a state employee.
Utah Code Annotated § 67-1-11 Gender balance in appointing board members.
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Utah Code Annotated § 67-1-11(1): As used in this section, "appointing authority" means the speaker of the House, the president of the Senate, the governor, the governor's designee, nominating committee, or executive branch officer or other body empowered by statute or rule to make any appointment or nomination for appointment to any board, committee, bureau, commission, council, panel, or other entity.
Utah Code Annotated § 67-1-11(2): In making a nomination, appointment, or reappointment to fill a vacancy on any board, committee, bureau, commission, council, or other entity, the appointing authority shall strongly consider nominating, appointing, or reappointing a qualified individual whose gender is in the minority on that entity.
Utah Code Annotated § 67-1-12 Displaced defense workers.
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Utah Code Annotated § 67-1-12(1): (2) The governor, through the Department of Workforce Services, may use funds specifically appropriated by the Legislature to benefit, in a manner prescribed by Subsection
Utah Code Annotated § 67-1-12(1)(a): Department of Defense employees within the state who lose their employment because of reductions in defense spending by the federal government;
Utah Code Annotated § 67-1-12(1)(b): persons dismissed by a defense-related industry employer because of reductions in federal government defense contracts received by the employer; and
Utah Code Annotated § 67-1-12(1)(c): defense-related businesses in the state that have been severely and adversely impacted because of reductions in defense spending.
Utah Code Annotated § 67-1-12(2): Funds appropriated under this section before fiscal year 1999-2000 but not expended shall remain with the agency that possesses the funds and shall be used in a manner consistent with this section. Any amount appropriated under this section in fiscal year 1999-2000 or thereafter may be used to:
Utah Code Annotated § 67-1-12(2)(a): provide matching or enhancement funds for grants, loans, or other assistance received by the state from the United States Department of Labor, Department of Defense, or other federal agency to assist in retraining, community assistance, or technology transfer activities;
Utah Code Annotated § 67-1-12(2)(b): fund or match available private or public funds from the state or local level to be used for retraining, community assistance, technology transfer, or educational projects coordinated by state or federal agencies;
Utah Code Annotated § 67-1-12(2)(c): provide for retraining, upgraded services, and programs at technical colleges, public schools, higher education institutions, or any other appropriate public or private entity that are designed to teach specific job skills requested by a private employer in the state or required for occupations that are in demand in the state;
Utah Code Annotated § 67-1-12(2)(d): aid public or private entities that provide assistance in locating new employment;
Utah Code Annotated § 67-1-12(2)(e): inform the public of assistance programs available for persons who have lost their employment;
Utah Code Annotated § 67-1-12(2)(f): increase funding for assistance and retraining programs;
Utah Code Annotated § 67-1-12(2)(g): provide assistance for small start-up companies owned or operated by persons who have lost their employment;
Utah Code Annotated § 67-1-12(2)(h): enhance the implementation of dual-use technologies programs, community adjustment assistance programs, or other relevant programs under Pub. L. No. 102-484; and
Utah Code Annotated § 67-1-12(2)(i): coordinate local and national resources to protect and enhance current Utah defense installations and related operations and to facilitate conversion or enhancement efforts by:
Utah Code Annotated § 67-1-12(2)(i)(i): creating and operating state information clearinghouse operations that monitor relevant activities on the federal, state, and local level;
Utah Code Annotated § 67-1-12(2)(i)(ii): identifying, seeking, and matching funds from federal and other public agencies and private donors;
Utah Code Annotated § 67-1-12(2)(i)(iii): identifying and coordinating needs in different geographic areas;
Utah Code Annotated § 67-1-12(2)(i)(iv): coordinating training and retraining centers;
Utah Code Annotated § 67-1-12(2)(i)(v): coordinating technology transfer efforts between public entities, private entities, and institutions of higher education;
Utah Code Annotated § 67-1-12(2)(i)(vi): facilitating the development of local and national awareness and support for Utah defense installations;
Utah Code Annotated § 67-1-12(2)(i)(vii): studying the creation of strategic alliances, tax incentives, and relocation and consolidation assistance; and
Utah Code Annotated § 67-1-12(2)(i)(viii): exploring feasible alternative uses for the physical and human resources at defense installations and in related industries should reductions in mission occur.
Utah Code Annotated § 67-1-12(3): (2) The governor, through the Department of Workforce Services, may coordinate and administer the expenditure of money under this section and collaborate with institutions of higher education, or other appropriate public or private entities to provide retraining and other services described in Subsection
Utah Code Annotated § 67-1-14 Information technology.
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The governor shall review the executive branch strategic plan submitted to the governor by the chief information officer in accordance with Section
Utah Code Annotated § 67-1-15 Approval of international trade agreement -- Consultation with Utah International Relations and Trade Commission.
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Before binding the state or giving the federal government consent to bind the state to an international trade agreement the Governor shall consult with the Utah International Relations and Trade Commission.
Utah Code Annotated - Title 67 - Chapter 1a - Lieutenant Governor
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Utah Code Annotated § 67-1a-1 Intent of Legislature.
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It is the intent of the Legislature to emphasize the significant responsibilities and duties assigned to the lieutenant governor of the state. As the second highest official of the state, the lieutenant governor is next in command of the executive department in the event of death, removal, resignation, or disability of the governor. The assignment of important responsibilities to the lieutenant governor is essential to the continuity of state government and for the effective use of funds appropriated to the office of lieutenant governor.
Utah Code Annotated § 67-1a-2 Duties enumerated.
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Utah Code Annotated § 67-1a-2(1): The lieutenant governor shall:
Utah Code Annotated § 67-1a-2(1)(a): perform duties delegated by the governor, including assignments to serve in any of the following capacities:
Utah Code Annotated § 67-1a-2(1)(a)(i): as the head of any one department, if so qualified, with the advice and consent of the Senate, and, upon appointment at the pleasure of the governor and without additional compensation;
Utah Code Annotated § 67-1a-2(1)(a)(ii): as the chairperson of any cabinet group organized by the governor or authorized by law for the purpose of advising the governor or coordinating intergovernmental or interdepartmental policies or programs;
Utah Code Annotated § 67-1a-2(1)(a)(iii): as liaison between the governor and the state Legislature to coordinate and facilitate the governor's programs and budget requests;
Utah Code Annotated § 67-1a-2(1)(a)(iv): as liaison between the governor and other officials of local, state, federal, and international governments or any other political entities to coordinate, facilitate, and protect the interests of the state;
Utah Code Annotated § 67-1a-2(1)(a)(v): as personal advisor to the governor, including advice on policies, programs, administrative and personnel matters, and fiscal or budgetary matters; and
Utah Code Annotated § 67-1a-2(1)(a)(vi): as chairperson or member of any temporary or permanent boards, councils, commissions, committees, task forces, or other group appointed by the governor;
Utah Code Annotated § 67-1a-2(1)(b): serve on all boards and commissions in lieu of the governor, whenever so designated by the governor;
Utah Code Annotated § 67-1a-2(1)(c): serve as the chief election officer of the state as required by Subsection (2);
Utah Code Annotated § 67-1a-2(1)(d): keep custody of the Great Seal of the State of Utah;
Utah Code Annotated § 67-1a-2(1)(e): keep a register of, and attest, the official acts of the governor;
Utah Code Annotated § 67-1a-2(1)(f): affix the Great Seal, with an attestation, to all official documents and instruments to which the official signature of the governor is required; and
Utah Code Annotated § 67-1a-2(1)(g): furnish a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the office of the lieutenant governor to any person who requests it and pays the fee.
Utah Code Annotated § 67-1a-2(2): 20A-8-101; 20A-5-302; 20A-5-802; 20A-5-803; 20A-1-308; 20A-1-105
Utah Code Annotated § 67-1a-2(2)(a): 20A-8-101; 20A-5-302; 20A-5-802; 20A-5-803; 20A-1-308 As the chief election officer, the lieutenant governor shall:
Utah Code Annotated § 67-1a-2(2)(a)(i): exercise oversight, and general supervisory authority, over all elections;
Utah Code Annotated § 67-1a-2(2)(a)(ii): exercise direct authority over the conduct of elections for federal, state, and multicounty officers and statewide or multicounty ballot propositions and any recounts involving those races;
Utah Code Annotated § 67-1a-2(2)(a)(iii): establish uniformity in the election ballot;
Utah Code Annotated § 67-1a-2(2)(a)(iv):
Utah Code Annotated § 67-1a-2(2)(a)(iv)(A): prepare election information for the public as required by law and as determined appropriate by the lieutenant governor; and
Utah Code Annotated § 67-1a-2(2)(a)(iv)(B): make the information described in Subsection (2)(a)(iv)(A) available to the public and to news media, on the Internet, and in other forms as required by law and as determined appropriate by the lieutenant governor;
Utah Code Annotated § 67-1a-2(2)(a)(v): receive and answer election questions and maintain an election file on opinions received from the attorney general;
Utah Code Annotated § 67-1a-2(2)(a)(vi): 20A-8-101 maintain a current list of registered political parties as defined in Section
Utah Code Annotated § 67-1a-2(2)(a)(vii): maintain election returns and statistics;
Utah Code Annotated § 67-1a-2(2)(a)(viii): certify to the governor the names of individuals nominated to run for, or elected to, office;
Utah Code Annotated § 67-1a-2(2)(a)(ix): 20A-5-302; 20A-5-802; 20A-5-803 ensure that all voting equipment purchased by the state complies with the requirements of Sections
Utah Code Annotated § 67-1a-2(2)(a)(x): 20A-1-308 during a declared emergency, to the extent that the lieutenant governor determines it warranted, designate, as provided in Section
Utah Code Annotated § 67-1a-2(2)(a)(x)(A): voting on election day;
Utah Code Annotated § 67-1a-2(2)(a)(x)(B): early voting;
Utah Code Annotated § 67-1a-2(2)(a)(x)(C): the transmittal or voting of an absentee ballot or military-overseas ballot;
Utah Code Annotated § 67-1a-2(2)(a)(x)(D): the counting of an absentee ballot or military-overseas ballot; or
Utah Code Annotated § 67-1a-2(2)(a)(x)(E): the canvassing of election returns; and
Utah Code Annotated § 67-1a-2(2)(a)(xi): exercise all other election authority, and perform other election duties, as provided in Title 20A, Election Code.
Utah Code Annotated § 67-1a-2(2)(b): 20A-1-105 As chief election officer, the lieutenant governor:
Utah Code Annotated § 67-1a-2(2)(b)(i): shall oversee all elections, and functions relating to elections, in the state;
Utah Code Annotated § 67-1a-2(2)(b)(ii): 20A-1-105 shall, in accordance with Section
Utah Code Annotated § 67-1a-2(2)(b)(iii): may not assume the responsibilities assigned to the county clerks, city recorders, town clerks, or other local election officials by Title 20A, Election Code.
Utah Code Annotated § 67-1a-2(3): 10-2-301; 10-2-301; 10-2-302
Utah Code Annotated § 67-1a-2(3)(a): 10-2-301 The lieutenant governor shall:
Utah Code Annotated § 67-1a-2(3)(a)(i): 10-2-301 determine a new municipality's classification under Section
Utah Code Annotated § 67-1a-2(3)(a)(ii):
Utah Code Annotated § 67-1a-2(3)(a)(ii)(A): prepare a certificate indicating the class in which the new municipality belongs based on the municipality's population; and
Utah Code Annotated § 67-1a-2(3)(a)(ii)(B): within 10 days after preparing the certificate, deliver a copy of the certificate to the municipality's legislative body.
Utah Code Annotated § 67-1a-2(3)(b): 10-2-301 The lieutenant governor shall:
Utah Code Annotated § 67-1a-2(3)(b)(i): 10-2-301 determine the classification under Section
Utah Code Annotated § 67-1a-2(3)(b)(i)(A): each official census or census estimate of the United States Bureau of the Census; or
Utah Code Annotated § 67-1a-2(3)(b)(i)(B): the population estimate from the Utah Population Committee, if the population of a municipality is not available from the United States Bureau of the Census; and
Utah Code Annotated § 67-1a-2(3)(b)(ii):
Utah Code Annotated § 67-1a-2(3)(b)(ii)(A): prepare a certificate indicating the class in which the consolidated municipality belongs based on the municipality's population; and
Utah Code Annotated § 67-1a-2(3)(b)(ii)(B): within 10 days after preparing the certificate, deliver a copy of the certificate to the consolidated municipality's legislative body.
Utah Code Annotated § 67-1a-2(3)(c): The lieutenant governor shall monitor the population of each municipality using population information from:
Utah Code Annotated § 67-1a-2(3)(c)(i): each official census or census estimate of the United States Bureau of the Census; or
Utah Code Annotated § 67-1a-2(3)(c)(ii): the population estimate from the Utah Population Committee, if the population of a municipality is not available from the United States Bureau of the Census.
Utah Code Annotated § 67-1a-2(3)(d): If the applicable population figure under Subsection (3)(b) or (c) indicates that a municipality's population has increased beyond the population for its current class, the lieutenant governor shall:
Utah Code Annotated § 67-1a-2(3)(d)(i): prepare a certificate indicating the class in which the municipality belongs based on the increased population figure; and
Utah Code Annotated § 67-1a-2(3)(d)(ii): within 10 days after preparing the certificate, deliver a copy of the certificate to the legislative body of the municipality whose class has changed.
Utah Code Annotated § 67-1a-2(3)(e): 10-2-302
Utah Code Annotated § 67-1a-2(3)(e)(i): If the applicable population figure under Subsection (3)(b) or (c) indicates that a municipality's population has decreased below the population for its current class, the lieutenant governor shall send written notification of that fact to the municipality's legislative body.
Utah Code Annotated § 67-1a-2(3)(e)(ii): 10-2-302 Upon receipt of a petition under Subsection
Utah Code Annotated § 67-1a-2(3)(e)(ii)(A): prepare a certificate indicating the class in which the municipality belongs based on the decreased population figure; and
Utah Code Annotated § 67-1a-2(3)(e)(ii)(B): within 10 days after preparing the certificate, deliver a copy of the certificate to the legislative body of the municipality whose class has changed.
Utah Code Annotated § 67-1a-2.2 Residences in more than one district -- Lieutenant governor to resolve.
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Utah Code Annotated § 67-1a-2.2(1): If, in reviewing a map generated from a redistricting block assignment file, the lieutenant governor determines that a single-family or multi-family residence is within more than one Congressional, Senate, House, or State Board of Education district, the lieutenant governor may, by January 31, 2012, and in consultation with the Utah Geospatial Resource Center, determine the district to which the residence is assigned.
Utah Code Annotated § 67-1a-2.2(2): (1) In order to make the determination required by Subsection
Utah Code Annotated § 67-1a-2.2(3): 63A-16-505 Upon making the determination authorized by this section, the lieutenant governor shall notify county clerks affected by the determination and the Utah Geospatial Resource Center created under Section
Utah Code Annotated § 67-1a-2.5 Fees of lieutenant governor.
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In addition to the fees prescribed byUtah Code Annotated § 67-1a-2.5(1): Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; Title 16, Chapter 10a, Utah Revised Business Corporation Act for a copy of any law, resolution, record, or other document or paper on file in the lieutenant governor's office, other than documents or papers filed under
Utah Code Annotated § 67-1a-2.5(2): Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; Title 16, Chapter 10a, Utah Revised Business Corporation Act for affixing certificate and the Great Seal of the state, except on documents filed under
Utah Code Annotated § 67-1a-2.5(3): for each commission signed by the governor, except that no charge may be made for commissions to public officers serving without compensation;
Utah Code Annotated § 67-1a-2.5(4): for each warrant of arrest issued by the governor and attested by the lieutenant governor upon the requisition of any other state or territory;
Utah Code Annotated § 67-1a-2.5(5): for recording miscellaneous papers or documents;
Utah Code Annotated § 67-1a-2.5(6): for filing any paper or document not otherwise provided for; and
Utah Code Annotated § 67-1a-2.5(7): for searching records and archives of the state, except that no member of the Legislature or other state or county officer may be charged for any search relative to matters appertaining to the duties of the member or officer's office or for a certified copy of any law or resolution relative to the member or officer's official duties passed by the Legislature.
Utah Code Annotated § 67-1a-3 Employment of personnel.
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The lieutenant governor, with the approval of the governor, may employ personnel necessary to carry out the duties and responsibilities of the lieutenant governor's office.
Utah Code Annotated § 67-1a-5 Budget proposal.
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The lieutenant governor shall prepare and submit to the governor a proposed budget to be included in the budget submitted by the governor to the Legislature for the fiscal year following the convening of the Legislature in annual general session.
Utah Code Annotated § 67-1a-6 Designation as secretary of state -- Duties.
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Utah Code Annotated § 67-1a-6(1): When required by local, state, federal, or international law, the lieutenant governor is hereby designated the secretary of state of Utah and shall perform the duties and functions required by such laws, including attesting or certifying documents, recording or filing laws, documents, and other papers; and receiving appointments for service of legal process as provided by law.
Utah Code Annotated § 67-1a-6(2): Any reference in the laws of the state to the office of the secretary of state is a reference to the office of lieutenant governor.
Utah Code Annotated § 67-1a-6.5 Certification of local entity boundary actions -- Definitions -- Notice requirements -- Electronic copies -- Filing.
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Utah Code Annotated § 67-1a-6.5(1): 17-23-20; 17-23-20; 17-23-20; 17-23-20; 63A-16-505; 17C-1-102; 17D-3-102; 11-13-103; 17B-1-102; 17D-1-102 As used in this section:
Utah Code Annotated § 67-1a-6.5(1)(a): "Applicable certificate" means:
Utah Code Annotated § 67-1a-6.5(1)(a)(i): for the impending incorporation of a city, town, special district, conservation district, or incorporation of a special district from a reorganized special service district, a certificate of incorporation;
Utah Code Annotated § 67-1a-6.5(1)(a)(ii): for the impending creation of a county, school district, special service district, community reinvestment agency, or interlocal entity, a certificate of creation;
Utah Code Annotated § 67-1a-6.5(1)(a)(iii): for the impending annexation of territory to an existing local entity, a certificate of annexation;
Utah Code Annotated § 67-1a-6.5(1)(a)(iv): for the impending withdrawal or disconnection of territory from an existing local entity, a certificate of withdrawal or disconnection, respectively;
Utah Code Annotated § 67-1a-6.5(1)(a)(v): for the impending consolidation of multiple local entities, a certificate of consolidation;
Utah Code Annotated § 67-1a-6.5(1)(a)(vi): for the impending division of a local entity into multiple local entities, a certificate of division;
Utah Code Annotated § 67-1a-6.5(1)(a)(vii): for the impending adjustment of a common boundary between local entities, a certificate of boundary adjustment; and
Utah Code Annotated § 67-1a-6.5(1)(a)(viii): for the impending dissolution of a local entity, a certificate of dissolution.
Utah Code Annotated § 67-1a-6.5(1)(b): 17-23-20; 17-23-20 "Approved final local entity plat" means a final local entity plat, as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(c): 17-23-20 "Approving authority" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(d): 17-23-20 "Boundary action" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(e): 63A-16-505 "Center" means the Utah Geospatial Resource Center created under Section
Utah Code Annotated § 67-1a-6.5(1)(f): 17C-1-102 "Community reinvestment agency" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(g): 17D-3-102 "Conservation district" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(h): 11-13-103 "Interlocal entity" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.5(1)(i): "Local entity" means a county, city, town, school district, special district, community reinvestment agency, special service district, conservation district, or interlocal entity.
Utah Code Annotated § 67-1a-6.5(1)(j): "Notice of an impending boundary action" means a written notice, as described in Subsection (3), that provides notice of an impending boundary action.
Utah Code Annotated § 67-1a-6.5(1)(k): 17B-1-102 "Special district" means the same as that term is defined in Section
Utah Code Annotated § 67-1a-6.5(1)(l): 17D-1-102 "Special service district" means the same as that term is defined in Section
Utah Code Annotated § 67-1a-6.5(2): 17-23-20 Within 10 days after receiving a notice of an impending boundary action, the lieutenant governor shall:
Utah Code Annotated § 67-1a-6.5(2)(a):
Utah Code Annotated § 67-1a-6.5(2)(a)(i): issue the applicable certificate, if:
Utah Code Annotated § 67-1a-6.5(2)(a)(i)(A): the lieutenant governor determines that the notice of an impending boundary action meets the requirements of Subsection (3); and
Utah Code Annotated § 67-1a-6.5(2)(a)(i)(B): except in the case of an impending local entity dissolution, the notice of an impending boundary action is accompanied by an approved final local entity plat;
Utah Code Annotated § 67-1a-6.5(2)(a)(ii): send the applicable certificate to the local entity's approving authority;
Utah Code Annotated § 67-1a-6.5(2)(a)(iii): return the original of the approved final local entity plat to the local entity's approving authority;
Utah Code Annotated § 67-1a-6.5(2)(a)(iv): send a copy of the applicable certificate and approved final local entity plat to:
Utah Code Annotated § 67-1a-6.5(2)(a)(iv)(A): the State Tax Commission;
Utah Code Annotated § 67-1a-6.5(2)(a)(iv)(B): the center; and
Utah Code Annotated § 67-1a-6.5(2)(a)(iv)(C): the county assessor, county surveyor, county auditor, and county attorney of each county in which the property depicted on the approved final local entity plat is located; and
Utah Code Annotated § 67-1a-6.5(2)(a)(v): send a copy of the applicable certificate to the state auditor, if the boundary action that is the subject of the applicable certificate is:
Utah Code Annotated § 67-1a-6.5(2)(a)(v)(A): the incorporation or creation of a new local entity;
Utah Code Annotated § 67-1a-6.5(2)(a)(v)(B): the consolidation of multiple local entities;
Utah Code Annotated § 67-1a-6.5(2)(a)(v)(C): the division of a local entity into multiple local entities; or
Utah Code Annotated § 67-1a-6.5(2)(a)(v)(D): the dissolution of a local entity; or
Utah Code Annotated § 67-1a-6.5(2)(b): 17-23-20
Utah Code Annotated § 67-1a-6.5(2)(b)(i): 17-23-20 send written notification to the approving authority that the lieutenant governor is unable to issue the applicable certificate, if:
Utah Code Annotated § 67-1a-6.5(2)(b)(i)(A): the lieutenant governor determines that the notice of an impending boundary action does not meet the requirements of Subsection (3); or
Utah Code Annotated § 67-1a-6.5(2)(b)(i)(B): 17-23-20 the notice of an impending boundary action is:
Utah Code Annotated § 67-1a-6.5(2)(b)(i)(B)(I): not accompanied by an approved final local entity plat; or
Utah Code Annotated § 67-1a-6.5(2)(b)(i)(B)(II): 17-23-20 accompanied by a plat or final local entity plat that has not been approved as a final local entity plat by the county surveyor under Section
Utah Code Annotated § 67-1a-6.5(2)(b)(ii): explain in the notification under Subsection (2)(b)(i) why the lieutenant governor is unable to issue the applicable certificate.
Utah Code Annotated § 67-1a-6.5(3): 49-11-201 Each notice of an impending boundary action shall:
Utah Code Annotated § 67-1a-6.5(3)(a): be directed to the lieutenant governor;
Utah Code Annotated § 67-1a-6.5(3)(b): contain the name of the local entity or, in the case of an incorporation or creation, future local entity, whose boundary is affected or established by the boundary action;
Utah Code Annotated § 67-1a-6.5(3)(c): describe the type of boundary action for which an applicable certificate is sought;
Utah Code Annotated § 67-1a-6.5(3)(d): 49-11-201 be accompanied by a letter from the Utah State Retirement Office, created under Section
Utah Code Annotated § 67-1a-6.5(3)(e):
Utah Code Annotated § 67-1a-6.5(3)(e)(i): contain a statement, signed and verified by the approving authority, certifying that all requirements applicable to the boundary action have been met; or
Utah Code Annotated § 67-1a-6.5(3)(e)(ii): in the case of the dissolution of a municipality, be accompanied by a certified copy of the court order approving the dissolution of the municipality.
Utah Code Annotated § 67-1a-6.5(4): The lieutenant governor may require the approving authority to submit a paper or electronic copy of a notice of an impending boundary action and approved final local entity plat in conjunction with the filing of the original of those documents.
Utah Code Annotated § 67-1a-6.5(5):
Utah Code Annotated § 67-1a-6.5(5)(a): The lieutenant governor shall:
Utah Code Annotated § 67-1a-6.5(5)(a)(i): keep, index, maintain, and make available to the public each notice of an impending boundary action, approved final local entity plat, applicable certificate, and other document that the lieutenant governor receives or generates under this section;
Utah Code Annotated § 67-1a-6.5(5)(a)(ii): make a copy of each document listed in Subsection (5)(a)(i) available on the Internet for 12 months after the lieutenant governor receives or generates the document;
Utah Code Annotated § 67-1a-6.5(5)(a)(iii): furnish a paper copy of any of the documents listed in Subsection (5)(a)(i) to any person who requests a paper copy; and
Utah Code Annotated § 67-1a-6.5(5)(a)(iv): furnish a certified copy of any of the documents listed in Subsection (5)(a)(i) to any person who requests a certified copy.
Utah Code Annotated § 67-1a-6.5(5)(b): The lieutenant governor may charge a reasonable fee for a paper copy or certified copy of a document that the lieutenant governor provides under this Subsection (5).
Utah Code Annotated § 67-1a-6.5(6): The lieutenant governor's issuance of a certificate of creation for an infrastructure financing district constitutes the state's approval of the creation of the infrastructure financing district.
Utah Code Annotated § 67-1a-6.7 Certification of local entity name change.
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Utah Code Annotated § 67-1a-6.7(1): 67-1a-6.5; 67-1a-6.5; (3) As used in this section:
Utah Code Annotated § 67-1a-6.7(1)(a): "Approving authority" means the person or body authorized under statute to approve the local entity's name change.
Utah Code Annotated § 67-1a-6.7(1)(b): 67-1a-6.5 "Center" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.7(1)(c): "Certificate of name change" means a certificate issued by the lieutenant governor certifying a local entity's change of name.
Utah Code Annotated § 67-1a-6.7(1)(d): 67-1a-6.5 "Local entity" has the same meaning as defined in Section
Utah Code Annotated § 67-1a-6.7(1)(e): (3) "Notice of an impending name change" means a notice, as described in Subsection
Utah Code Annotated § 67-1a-6.7(2): Within 10 days after receiving a notice of an impending name change, the lieutenant governor shall:
Utah Code Annotated § 67-1a-6.7(2)(a): issue a certificate of name change;
Utah Code Annotated § 67-1a-6.7(2)(b): send the certificate of name change to the approving authority of the local entity whose name is being changed; and
Utah Code Annotated § 67-1a-6.7(2)(c): send a copy of the certificate of name change to:
Utah Code Annotated § 67-1a-6.7(2)(c)(i): the State Tax Commission;
Utah Code Annotated § 67-1a-6.7(2)(c)(ii): the state auditor;
Utah Code Annotated § 67-1a-6.7(2)(c)(iii): the center; and
Utah Code Annotated § 67-1a-6.7(2)(c)(iv): the county assessor, county surveyor, county auditor, and county attorney of each county in which any part of the local entity is located.
Utah Code Annotated § 67-1a-6.7(3): Each notice of an impending name change shall:
Utah Code Annotated § 67-1a-6.7(3)(a): be directed to the lieutenant governor;
Utah Code Annotated § 67-1a-6.7(3)(b): contain the current name of the local entity;
Utah Code Annotated § 67-1a-6.7(3)(c): state the name to which the local entity intends to change;
Utah Code Annotated § 67-1a-6.7(3)(d): identify each county in which any part of the local entity is located; and
Utah Code Annotated § 67-1a-6.7(3)(e): contain a statement, signed and verified by the approving authority, certifying that all requirements applicable to the name change have been met.
Utah Code Annotated § 67-1a-6.7(4): (4)(a)(i); (4)(a)(i); (4)(a)(i); (4)
Utah Code Annotated § 67-1a-6.7(4)(a): (4)(a)(i); (4)(a)(i); (4)(a)(i) The lieutenant governor shall:
Utah Code Annotated § 67-1a-6.7(4)(a)(i): keep, index, maintain, and make available to the public each notice of an impending name change, certificate of a name change, and other document that the lieutenant governor receives or generates under this section;
Utah Code Annotated § 67-1a-6.7(4)(a)(ii): (4)(a)(i) make a copy of each document listed in Subsection
Utah Code Annotated § 67-1a-6.7(4)(a)(iii): (4)(a)(i) furnish a paper copy of any of the documents listed in Subsection
Utah Code Annotated § 67-1a-6.7(4)(a)(iv): (4)(a)(i) furnish a certified copy of any of the documents listed in Subsection
Utah Code Annotated § 67-1a-6.7(4)(b): (4) The lieutenant governor may charge a reasonable fee for a paper copy or certified copy of a document that the lieutenant governor provides under this Subsection
Utah Code Annotated § 67-1a-7 Use and custody of great seal.
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Except as otherwise provided by law, the lieutenant governor, or the lieutenant governor's designee, is authorized to use or affix the Great Seal of this state to any document whatever and only in pursuance of law, and is responsible for its safekeeping. Any person who illegally uses the Great Seal of this state, or such seal when defaced, is guilty of a felony.
Utah Code Annotated § 67-1a-8 Form and contents of great seal.
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The Great Seal of the State of Utah shall be 2-1/2 inches in diameter, and of the following device: the center a shield and perched thereon an American eagle with outstretching wings; the top of the shield pierced by six arrows crosswise; under the arrows the motto "Industry"; beneath the motto a beehive, on either side growing sego lilies; below the beehive the figures "1847"; and on each side of the shield an American flag; encircling all, near the outer edge of the seal, beginning at the lower left-hand portion, the words "The Great Seal of the State of Utah," with the figures "1896" at the base.
Utah Code Annotated § 67-1a-12 Authority to administer oaths.
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The lieutenant governor and personnel employed under Section
Utah Code Annotated § 67-1a-13 Certification restrictions.
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The lieutenant governor may not certify a signature of a notary or county recorder on:Utah Code Annotated § 67-1a-13(1): a document that is not properly notarized, if notarization is required; or
Utah Code Annotated § 67-1a-13(2): (2)(a); (c) a document regarding:
Utah Code Annotated § 67-1a-13(2)(a): allegiance to a government or jurisdiction;
Utah Code Annotated § 67-1a-13(2)(b): sovereignty;
Utah Code Annotated § 67-1a-13(2)(c): in itinere status or world service authority; or
Utah Code Annotated § 67-1a-13(2)(d): (2)(a); (c) a claim similar to a claim listed in Subsections
Utah Code Annotated § 67-1a-15 Local government and limited purpose entity registry.
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Utah Code Annotated § 67-1a-15(1): 26B-6-101; Title 53G, Chapter 5, Charter Schools; 17C-1-102; 17D-3-102; 11-13a-102; 35A-8-401; 63E-1-102; 11-13-103; 17D-2-102; 17B-1-102; 26A-1-102; 62A-15-102; 51-2a-201.5; Title 53G, Chapter 3, School District Creation and Change; 17D-1-102; 62A-15-102; 17-50-101; 10-1-104; (7)(a); (7)(b); (6)(c); (9); (6)(b)(i); (8) As used in this section:
Utah Code Annotated § 67-1a-15(1)(a): "Entity" means a limited purpose entity or a local government entity.
Utah Code Annotated § 67-1a-15(1)(b): 26B-6-101; Title 53G, Chapter 5, Charter Schools; 17C-1-102; 17D-3-102; 11-13a-102; 35A-8-401; 63E-1-102; 11-13-103; 17D-2-102; 17B-1-102; 26A-1-102; 62A-15-102; 51-2a-201.5; Title 53G, Chapter 3, School District Creation and Change; 17D-1-102; 62A-15-102
Utah Code Annotated § 67-1a-15(1)(b)(i): "Limited purpose entity" means a legal entity that:
Utah Code Annotated § 67-1a-15(1)(b)(i)(A): performs a single governmental function or limited governmental functions; and
Utah Code Annotated § 67-1a-15(1)(b)(i)(B): is not a state executive branch agency, a state legislative office, or within the judicial branch.
Utah Code Annotated § 67-1a-15(1)(b)(ii): 26B-6-101; Title 53G, Chapter 5, Charter Schools; 17C-1-102; 17D-3-102; 11-13a-102; 35A-8-401; 63E-1-102; 11-13-103; 17D-2-102; 17B-1-102; 26A-1-102; 62A-15-102; 51-2a-201.5; Title 53G, Chapter 3, School District Creation and Change; 17D-1-102; 62A-15-102 "Limited purpose entity" includes:
Utah Code Annotated § 67-1a-15(1)(b)(ii)(A): 26B-6-101 area agencies, area agencies on aging, and area agencies on high risk adults, as those terms are defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(B): Title 53G, Chapter 5, Charter Schools charter schools created under
Utah Code Annotated § 67-1a-15(1)(b)(ii)(C): 17C-1-102 community reinvestment agencies, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(D): 17D-3-102 conservation districts, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(E): 11-13a-102 governmental nonprofit corporations, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(F): 35A-8-401 housing authorities, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(G): 63E-1-102 independent entities and independent state agencies, as those terms are defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(H): 11-13-103 interlocal entities, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(I): 17D-2-102 local building authorities, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(J): 17B-1-102 special districts, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(K): 26A-1-102 local health departments, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(L): 62A-15-102 local mental health authorities, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(M): 51-2a-201.5 nonprofit corporations that receive an amount of money requiring an accounting report under Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(N): Title 53G, Chapter 3, School District Creation and Change school districts under
Utah Code Annotated § 67-1a-15(1)(b)(ii)(O): 17D-1-102 special service districts, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(b)(ii)(P): 62A-15-102 substance abuse authorities, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(c): "Local government and limited purpose entity registry" or "registry" means the registry of local government entities and limited purpose entities created under this section.
Utah Code Annotated § 67-1a-15(1)(d): 17-50-101; 10-1-104 "Local government entity" means:
Utah Code Annotated § 67-1a-15(1)(d)(i): 17-50-101 a county, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(d)(ii): 10-1-104 a municipality, as that term is defined in Section
Utah Code Annotated § 67-1a-15(1)(e): (7)(a) "Notice of failure to register" means the notice the lieutenant governor sends, in accordance with Subsection
Utah Code Annotated § 67-1a-15(1)(f): (7)(b) "Notice of failure to renew" means the notice the lieutenant governor sends to a registered entity, in accordance with Subsection
Utah Code Annotated § 67-1a-15(1)(g): (6)(c) "Notice of noncompliance" means the notice the lieutenant governor sends to a registered entity, in accordance with Subsection
Utah Code Annotated § 67-1a-15(1)(h): (9) "Notice of non-registration" means the notice the lieutenant governor sends to an entity and the state auditor, in accordance with Subsection
Utah Code Annotated § 67-1a-15(1)(i): (6)(b)(i) "Notice of registration or renewal" means the notice the lieutenant governor sends, in accordance with Subsection
Utah Code Annotated § 67-1a-15(1)(j): (8) "Registered entity" means an entity with a valid registration as described in Subsection
Utah Code Annotated § 67-1a-15(2): (4); 63J-1-504 The lieutenant governor shall:
Utah Code Annotated § 67-1a-15(2)(a): (4) create a registry of each local government entity and limited purpose entity within the state that:
Utah Code Annotated § 67-1a-15(2)(a)(i): (4) contains the information described in Subsection
Utah Code Annotated § 67-1a-15(2)(a)(ii): is accessible on the lieutenant governor's website or otherwise publicly available; and
Utah Code Annotated § 67-1a-15(2)(b): 63J-1-504 establish fees for registration and renewal, in accordance with Section
Utah Code Annotated § 67-1a-15(3): (4); (5); (4) Each local government entity and limited purpose entity shall:
Utah Code Annotated § 67-1a-15(3)(a): (4) on or before July 1, 2019, register with the lieutenant governor as described in Subsection
Utah Code Annotated § 67-1a-15(3)(b): (5) on or before one year after the day on which the lieutenant governor issues the notice of registration or renewal, annually renew the entity's registration in accordance with Subsection
Utah Code Annotated § 67-1a-15(3)(c): (4) on or before 30 days after the day on which any of the information described in Subsection
Utah Code Annotated § 67-1a-15(4): 11-42-102 Each entity shall include the following information in the entity's registration submission:
Utah Code Annotated § 67-1a-15(4)(a): the resolution or other legal or formal document creating the entity or, if the resolution or other legal or formal document creating the entity cannot be located, conclusive proof of the entity's lawful creation;
Utah Code Annotated § 67-1a-15(4)(b): if the entity has geographic boundaries, a map or plat identifying the current geographic boundaries of the entity, or if it is impossible or unreasonably expensive to create a map or plat, a metes and bounds description, or another legal description that identifies the current boundaries of the entity;
Utah Code Annotated § 67-1a-15(4)(c): the entity's name;
Utah Code Annotated § 67-1a-15(4)(d): the entity's type of local government entity or limited purpose entity;
Utah Code Annotated § 67-1a-15(4)(e): the entity's governmental function;
Utah Code Annotated § 67-1a-15(4)(f): the entity's website, physical address, and phone number, including the name and contact information of an individual whom the entity designates as the primary contact for the entity;
Utah Code Annotated § 67-1a-15(4)(g):
Utah Code Annotated § 67-1a-15(4)(g)(i): names, email addresses, and phone numbers of the members of the entity's governing board or commission, managing officers, or other similar managers and the method by which the members or officers are appointed, elected, or otherwise designated;
Utah Code Annotated § 67-1a-15(4)(g)(ii): the date of the most recent appointment or election of each entity governing board or commission member; and
Utah Code Annotated § 67-1a-15(4)(g)(iii): the date of the anticipated end of each entity governing board or commission member's term;
Utah Code Annotated § 67-1a-15(4)(h): the entity's sources of revenue; and
Utah Code Annotated § 67-1a-15(4)(i): 11-42-102 if the entity has created an assessment area, as that term is defined in Section
Utah Code Annotated § 67-1a-15(5): (4); (4) Each entity shall include the following information in the entity's renewal submission:
Utah Code Annotated § 67-1a-15(5)(a): (4) identify and update any incorrect or outdated information the entity previously submitted during registration under Subsection
Utah Code Annotated § 67-1a-15(5)(b): (4) certify that the information the entity previously submitted during registration under Subsection
Utah Code Annotated § 67-1a-15(6): (4); (5); (4); (5); (4); (5); 63G-2-303; (4); (5); (6)(c)(ii); (9) Within 30 days of receiving an entity's registration or renewal submission, the lieutenant governor shall:
Utah Code Annotated § 67-1a-15(6)(a): (4); (5) review the submission to determine compliance with Subsection
Utah Code Annotated § 67-1a-15(6)(b): (4); (5); (4); (5); 63G-2-303 if the lieutenant governor determines that the entity's submission complies with Subsection
Utah Code Annotated § 67-1a-15(6)(b)(i): (4); (5) send a notice of registration or renewal that includes the information that the entity submitted under Subsection
Utah Code Annotated § 67-1a-15(6)(b)(i)(A): the registering or renewing entity;
Utah Code Annotated § 67-1a-15(6)(b)(i)(B): each county in which the entity operates, either in whole or in part, or where the entity's geographic boundaries overlap or are contained within the boundaries of the county;
Utah Code Annotated § 67-1a-15(6)(b)(i)(C): the Division of Archives and Records Service; and
Utah Code Annotated § 67-1a-15(6)(b)(i)(D): the Office of the Utah State Auditor; and
Utah Code Annotated § 67-1a-15(6)(b)(ii): 63G-2-303 publish the information from the submission on the registry, except any email address or phone number that is personal information as defined in Section
Utah Code Annotated § 67-1a-15(6)(c): (4); (5); (6)(c)(ii); (9) if the lieutenant governor determines that the entity's submission does not comply with Subsection
Utah Code Annotated § 67-1a-15(6)(c)(i): identifies each deficiency in the entity's submission with the corresponding statutory requirement;
Utah Code Annotated § 67-1a-15(6)(c)(ii): establishes a deadline to cure the entity's noncompliance that is the first business day that is at least 30 calendar days after the day on which the lieutenant governor sends the notice of noncompliance; and
Utah Code Annotated § 67-1a-15(6)(c)(iii): (6)(c)(ii); (9) states that failure to comply by the deadline the lieutenant governor establishes under Subsection
Utah Code Annotated § 67-1a-15(7): (4); (3); (3); (7)(a)(ii); (9); (5); (3); (3); (7)(b)(ii); (9)
Utah Code Annotated § 67-1a-15(7)(a): (4); (3); (3); (7)(a)(ii); (9) If the lieutenant governor identifies an entity that does not make a registration submission in accordance with Subsection
Utah Code Annotated § 67-1a-15(7)(a)(i): (3) identifies the statutorily required registration deadline described in Subsection
Utah Code Annotated § 67-1a-15(7)(a)(ii): establishes a deadline to cure the entity's failure to register that is the first business day that is at least 10 calendar days after the day on which the lieutenant governor sends the notice of failure to register; and
Utah Code Annotated § 67-1a-15(7)(a)(iii): (7)(a)(ii); (9) states that failure to comply by the deadline the lieutenant governor establishes under Subsection
Utah Code Annotated § 67-1a-15(7)(b): (5); (3); (3); (7)(b)(ii); (9) If a registered entity does not make a renewal submission in accordance with Subsection
Utah Code Annotated § 67-1a-15(7)(b)(i): (3) identifies the renewal deadline described in Subsection
Utah Code Annotated § 67-1a-15(7)(b)(ii): establishes a deadline to cure the entity's failure to renew that is the first business day that is at least 30 calendar days after the day on which the lieutenant governor sends the notice of failure to renew; and
Utah Code Annotated § 67-1a-15(7)(b)(iii): (7)(b)(ii); (9) states that failure to comply by the deadline the lieutenant governor establishes under Subsection
Utah Code Annotated § 67-1a-15(8): (3) An entity's registration is valid:
Utah Code Annotated § 67-1a-15(8)(a): (3) if the entity makes a registration or renewal submission in accordance with the deadlines described in Subsection
Utah Code Annotated § 67-1a-15(8)(b): during the period the lieutenant governor establishes in the notice of noncompliance or notice of failure to renew during which the entity may cure the identified registration deficiencies; and
Utah Code Annotated § 67-1a-15(8)(c): for one year beginning on the day the lieutenant governor issues the notice of registration or renewal.
Utah Code Annotated § 67-1a-15(9): 67-3-1(7)(i); 67-3-1(10)
Utah Code Annotated § 67-1a-15(9)(a): The lieutenant governor shall send a notice of non-registration to the Office of the Utah State Auditor if an entity fails to:
Utah Code Annotated § 67-1a-15(9)(a)(i): cure the entity's noncompliance by the deadline the lieutenant governor establishes in the notice of noncompliance;
Utah Code Annotated § 67-1a-15(9)(a)(ii): register by the deadline the lieutenant governor establishes in the notice of failure to register; or
Utah Code Annotated § 67-1a-15(9)(a)(iii): cure the entity's failure to renew by the deadline the lieutenant governor establishes in the notice of failure to renew.
Utah Code Annotated § 67-1a-15(9)(b): 67-3-1(7)(i); 67-3-1(10) The lieutenant governor shall ensure that the notice of non-registration:
Utah Code Annotated § 67-1a-15(9)(b)(i): includes a copy of the notice of noncompliance, the notice of failure to register, or the notice of failure to renew; and
Utah Code Annotated § 67-1a-15(9)(b)(ii): 67-3-1(7)(i); 67-3-1(10) requests that the state auditor withhold state allocated funds or the disbursement of property taxes and prohibit the entity from accessing money held by the state or money held in an account of a financial institution, in accordance with Subsections
Utah Code Annotated § 67-1a-15(10): The lieutenant governor may extend a deadline under this section if an entity notifies the lieutenant governor, before the deadline to be extended, of the existence of an extenuating circumstance that is outside the control of the entity.
Utah Code Annotated § 67-1a-15(11):
Utah Code Annotated § 67-1a-15(11)(a): An entity is not required to renew submission of a registration under this section if an entity provides a record of dissolution.
Utah Code Annotated § 67-1a-15(11)(b): The lieutenant governor shall include in the registry an entity's record of dissolution and indicate on the registry that the entity is dissolved.
Utah Code Annotated - Title 67 - Chapter 1b - Transition to New Gubernatorial Administration
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Utah Code Annotated § 67-1b-101 Title.
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This chapter is known as "Transition to New Gubernatorial Administration."
Utah Code Annotated § 67-1b-102 Definitions.
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As used in this chapter:Utah Code Annotated § 67-1b-102(1): 20A-4-306 "Board of canvassers" means the state board of canvassers created in Section
Utah Code Annotated § 67-1b-102(2): (2)(b); (2)(b); 67-1-1.5; 67-1-1.5; 63E-1-102
Utah Code Annotated § 67-1b-102(2)(a): (2)(b); (2)(b); 67-1-1.5; 67-1-1.5 "Executive branch" means:
Utah Code Annotated § 67-1b-102(2)(a)(i): the governor, the governor's staff, and the governor's appointed advisors;
Utah Code Annotated § 67-1b-102(2)(a)(ii): the lieutenant governor and lieutenant governor's staff;
Utah Code Annotated § 67-1b-102(2)(a)(iii): cabinet level officials;
Utah Code Annotated § 67-1b-102(2)(a)(iv): (2)(b) except as provided in Subsection
Utah Code Annotated § 67-1b-102(2)(a)(v): (2)(b) except as provided in Subsection
Utah Code Annotated § 67-1b-102(2)(a)(v)(A): policy making and oversight responsibility for a state executive branch agency; or
Utah Code Annotated § 67-1b-102(2)(a)(v)(B): authority to appoint and remove the director of a state executive branch agency;
Utah Code Annotated § 67-1b-102(2)(a)(vi): executive ministerial officers;
Utah Code Annotated § 67-1b-102(2)(a)(vii): each gubernatorial appointee to a state board, committee, commission, council, or authority;
Utah Code Annotated § 67-1b-102(2)(a)(viii): 67-1-1.5 each executive branch management position, as defined in Section
Utah Code Annotated § 67-1b-102(2)(a)(ix): 67-1-1.5 each executive branch policy position, as defined in Section
Utah Code Annotated § 67-1b-102(2)(a)(x): the military forces of the state.
Utah Code Annotated § 67-1b-102(2)(b): 63E-1-102 "Executive branch" does not include:
Utah Code Annotated § 67-1b-102(2)(b)(i): the legislative branch;
Utah Code Annotated § 67-1b-102(2)(b)(ii): the judicial branch;
Utah Code Annotated § 67-1b-102(2)(b)(iii): the State Board of Education;
Utah Code Annotated § 67-1b-102(2)(b)(iv): the Utah Board of Higher Education;
Utah Code Annotated § 67-1b-102(2)(b)(v): institutions of higher education;
Utah Code Annotated § 67-1b-102(2)(b)(vi): 63E-1-102 independent entities as defined in Section
Utah Code Annotated § 67-1b-102(2)(b)(vii): elective constitutional offices of the executive department, including the state auditor, the state treasurer, and the attorney general;
Utah Code Annotated § 67-1b-102(2)(b)(viii): a county, municipality, school district, special district, or special service district; or
Utah Code Annotated § 67-1b-102(2)(b)(ix): an administrative subdivision of a county, municipality, school district, special district, or special service district.
Utah Code Annotated § 67-1b-102(3): "Governor-elect" means, during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor.
Utah Code Annotated § 67-1b-102(4): 67-1b-105(1)(c) "Governor-elect's staff" means:
Utah Code Annotated § 67-1b-102(4)(a): an individual that a governor-elect intends to nominate as a department head;
Utah Code Annotated § 67-1b-102(4)(b): an individual that a governor-elect intends to appoint to a key position in the executive branch;
Utah Code Annotated § 67-1b-102(4)(c): 67-1b-105(1)(c) an individual hired by a governor-elect under Subsection
Utah Code Annotated § 67-1b-102(4)(d): any other individual expressly engaged by the governor-elect to assist with the governor-elect's transition into the office of governor.
Utah Code Annotated § 67-1b-102(5): 63J-4-201 "Governor's Office of Planning and Budget" means the office created in Section
Utah Code Annotated § 67-1b-102(6): "Incoming gubernatorial administration" means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff.
Utah Code Annotated § 67-1b-102(7): "Lieutenant governor-elect" means, during a transition period, an individual whom the board of canvassers determines to be the successful candidate for lieutenant governor after a general election for the office of lieutenant governor, if that successful candidate is an individual other than the incumbent lieutenant governor.
Utah Code Annotated § 67-1b-102(8): 67-1b-105(1)(c) "Lieutenant governor-elect's staff" means:
Utah Code Annotated § 67-1b-102(8)(a): 67-1b-105(1)(c) an individual hired by a lieutenant governor-elect under Subsection
Utah Code Annotated § 67-1b-102(8)(b): any other individual expressly engaged by the lieutenant governor-elect to assist with the lieutenant governor-elect's transition into the office of lieutenant governor.
Utah Code Annotated § 67-1b-102(9): 36-12-13 "Office of the Legislative Fiscal Analyst" means the office created in Section
Utah Code Annotated § 67-1b-102(10): 63G-2-103 "Record" means the same as that term is defined in Section
Utah Code Annotated § 67-1b-102(11): 20A-4-306 "Transition period" means the period of time beginning the day after the meeting of the board of canvassers under Section
Utah Code Annotated § 67-1b-103 Applicability.
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Utah Code Annotated § 67-1b-103(1): Except as otherwise provided, this chapter applies when there is a transition from the administration of one governor to the administration of the next governor following a regular general election at which a new governor is elected.
Utah Code Annotated § 67-1b-103(2): Except as otherwise provided, this chapter does not apply:
Utah Code Annotated § 67-1b-103(2)(a): to a transition from the administration of one governor to the administration of another governor due to a vacancy in the office of governor under
Utah Code Annotated § 67-1b-103(2)(b): if the successful candidate for governor is the incumbent governor.
Utah Code Annotated § 67-1b-104 Duties during transition period.
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Utah Code Annotated § 67-1b-104(1): During a transition period, the executive branch shall:
Utah Code Annotated § 67-1b-104(1)(a): provide any lawful assistance that the incoming gubernatorial administration may reasonably request related to the transition between gubernatorial administrations; and
Utah Code Annotated § 67-1b-104(1)(b): take reasonable steps to:
Utah Code Annotated § 67-1b-104(1)(b)(i): avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
Utah Code Annotated § 67-1b-104(1)(b)(ii): facilitate an efficient transition between gubernatorial administrations.
Utah Code Annotated § 67-1b-104(2): During a transition period, the incoming gubernatorial administration shall take reasonable steps to:
Utah Code Annotated § 67-1b-104(2)(a): avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
Utah Code Annotated § 67-1b-104(2)(b): facilitate an efficient transition between gubernatorial administrations.
Utah Code Annotated § 67-1b-104(3): (3)(a); Title 63G, Chapter 2, Government Records Access and Management Act; 63G-2-201(5); (3); Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 67-1b-104(3)(a): During a transition period, the executive branch shall timely provide a governor-elect, upon the governor-elect's request, with all records and information from the executive branch upon any subject relating to the executive branch's condition, expenditures, expenses, management, operations, personnel, and receipts.
Utah Code Annotated § 67-1b-104(3)(b): (3)(a); Title 63G, Chapter 2, Government Records Access and Management Act; 63G-2-201(5) For a record requested by a governor-elect under Subsection
Utah Code Annotated § 67-1b-104(3)(c): (3); Title 63G, Chapter 2, Government Records Access and Management Act A governor-elect who receives records under this Subsection
Utah Code Annotated § 67-1b-104(3)(d): Title 63G, Chapter 2, Government Records Access and Management Act The disclosure of a record that is classified as private or protected to a governor-elect does not affect the classification of that record under
Utah Code Annotated § 67-1b-105 Appropriations.
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Utah Code Annotated § 67-1b-105(1): (1)(a); 67-1b-104(2); (1)(c)(i)
Utah Code Annotated § 67-1b-105(1)(a): There is created a restricted account in the General Fund known as the "Gubernatorial Transition Account."
Utah Code Annotated § 67-1b-105(1)(b): (1)(a) The account created in Subsection
Utah Code Annotated § 67-1b-105(1)(c): 67-1b-104(2); (1)(c)(i) The Department of Government Operations shall administer the Gubernatorial Transition Account and shall make money in the Gubernatorial Transition Account available to an incoming gubernatorial administration to use for expenses reasonably related to fulfilling the incoming gubernatorial administration's duties under Subsection
Utah Code Annotated § 67-1b-105(1)(c)(i): office space;
Utah Code Annotated § 67-1b-105(1)(c)(ii): (1)(c)(i) fixtures, furniture, office supplies, office machines, equipment, or information and communication systems used in the office space described in Subsection
Utah Code Annotated § 67-1b-105(1)(c)(iii): mobile computing devices, including mobile phones, tablet computers, or laptop computers used by the incoming gubernatorial administration; or
Utah Code Annotated § 67-1b-105(1)(c)(iv): hiring employees to assist with transition efforts.
Utah Code Annotated § 67-1b-105(1)(d): Interest or other earnings derived from the Gubernatorial Transition Account shall be deposited in the General Fund.
Utah Code Annotated § 67-1b-105(2): Any unexpended balance of an appropriation made under this section is nonlapsing.
Utah Code Annotated § 67-1b-106 Governor's budget.
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Utah Code Annotated § 67-1b-106(1): Title 63G, Chapter 2, Government Records Access and Management Act; 63J-1-201 During a transition period:
Utah Code Annotated § 67-1b-106(1)(a): the governor-elect is entitled to participate in all executive branch budget meetings;
Utah Code Annotated § 67-1b-106(1)(b): Title 63G, Chapter 2, Government Records Access and Management Act subject to
Utah Code Annotated § 67-1b-106(1)(c): 63J-1-201 the incumbent governor shall consider any proposed additions or changes from the governor-elect in preparing the governor's confidential draft proposed budget recommendations to be submitted to the Office of Legislative Fiscal Analyst in accordance with Section
Utah Code Annotated § 67-1b-106(2):
Utah Code Annotated § 67-1b-106(2)(a): If the governor-elect proposes additions or changes to the governor that are not adopted by the governor in preparing the governor's confidential draft proposed budget recommendations, the governor-elect may prepare confidential proposed additions or changes and submit them to the Office of the Legislative Fiscal Analyst concurrent with the governor's confidential draft proposed budget recommendations.
Utah Code Annotated § 67-1b-106(2)(b): The Governor's Office of Planning and Budget shall, at the request of the governor-elect, assist the governor-elect in preparing confidential proposed additions or changes to the incumbent governor's draft proposed budget recommendations for submission to the Office of the Legislative Fiscal Analyst.
Utah Code Annotated § 67-1b-106(3): 63J-1-201
Utah Code Annotated § 67-1b-106(3)(a): 63J-1-201 After the incumbent governor's confidential draft proposed budget recommendations are submitted to the Office of the Legislative Fiscal Analyst, the governor-elect is responsible for preparing the proposed budget to be submitted to the presiding officers of each house of the Legislature in accordance with Section
Utah Code Annotated § 67-1b-106(3)(b): The executive branch shall provide the governor-elect with any assistance reasonably requested by the governor-elect to prepare the proposed budget to be submitted to the presiding officers of each house of the Legislature.
Utah Code Annotated § 67-1b-106(3)(c): A governor whose term ends following a transition period may not submit a proposed budget to the presiding officers of each house of the Legislature.
Utah Code Annotated - Title 67 - Chapter 3 - Auditor
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Utah Code Annotated § 67-3-1 Functions and duties.
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Utah Code Annotated § 67-3-1(1):
Utah Code Annotated § 67-3-1(1)(a): The state auditor is the auditor of public accounts and is independent of any executive or administrative officers of the state.
Utah Code Annotated § 67-3-1(1)(b): The state auditor is not limited in the selection of personnel or in the determination of the reasonable and necessary expenses of the state auditor's office.
Utah Code Annotated § 67-3-1(2): The state auditor shall examine and certify annually in respect to each fiscal year, financial statements showing:
Utah Code Annotated § 67-3-1(2)(a): the condition of the state's finances;
Utah Code Annotated § 67-3-1(2)(b): the revenues received or accrued;
Utah Code Annotated § 67-3-1(2)(c): expenditures paid or accrued;
Utah Code Annotated § 67-3-1(2)(d): the amount of unexpended or unencumbered balances of the appropriations to the agencies, departments, divisions, commissions, and institutions; and
Utah Code Annotated § 67-3-1(2)(e): the cash balances of the funds in the custody of the state treasurer.
Utah Code Annotated § 67-3-1(3):
Utah Code Annotated § 67-3-1(3)(a): The state auditor shall:
Utah Code Annotated § 67-3-1(3)(a)(i): audit each permanent fund, each special fund, the General Fund, and the accounts of any department of state government or any independent agency or public corporation as the law requires, as the auditor determines is necessary, or upon request of the governor or the Legislature;
Utah Code Annotated § 67-3-1(3)(a)(ii): perform the audits in accordance with generally accepted auditing standards and other auditing procedures as promulgated by recognized authoritative bodies; and
Utah Code Annotated § 67-3-1(3)(a)(iii): as the auditor determines is necessary, conduct the audits to determine:
Utah Code Annotated § 67-3-1(3)(a)(iii)(A): honesty and integrity in fiscal affairs;
Utah Code Annotated § 67-3-1(3)(a)(iii)(B): accuracy and reliability of financial statements;
Utah Code Annotated § 67-3-1(3)(a)(iii)(C): effectiveness and adequacy of financial controls; and
Utah Code Annotated § 67-3-1(3)(a)(iii)(D): compliance with the law.
Utah Code Annotated § 67-3-1(3)(b): If any state entity receives federal funding, the state auditor shall ensure that the audit is performed in accordance with federal audit requirements.
Utah Code Annotated § 67-3-1(3)(c):
Utah Code Annotated § 67-3-1(3)(c)(i): The costs of the federal compliance portion of the audit may be paid from an appropriation to the state auditor from the General Fund.
Utah Code Annotated § 67-3-1(3)(c)(ii): If an appropriation is not provided, or if the federal government does not specifically provide for payment of audit costs, the costs of the federal compliance portions of the audit shall be allocated on the basis of the percentage that each state entity's federal funding bears to the total federal funds received by the state.
Utah Code Annotated § 67-3-1(3)(c)(iii): The allocation shall be adjusted to reflect any reduced audit time required to audit funds passed through the state to local governments and to reflect any reduction in audit time obtained through the use of internal auditors working under the direction of the state auditor.
Utah Code Annotated § 67-3-1(4):
Utah Code Annotated § 67-3-1(4)(a): Except as provided in Subsection (4)(b), the state auditor shall, in addition to financial audits, and as the auditor determines is necessary, conduct performance and special purpose audits, examinations, and reviews of any entity that receives public funds, including a determination of any or all of the following:
Utah Code Annotated § 67-3-1(4)(a)(i): the honesty and integrity of all the entity's fiscal affairs;
Utah Code Annotated § 67-3-1(4)(a)(ii): whether the entity's administrators have faithfully complied with legislative intent;
Utah Code Annotated § 67-3-1(4)(a)(iii): whether the entity's operations have been conducted in an efficient, effective, and cost-efficient manner;
Utah Code Annotated § 67-3-1(4)(a)(iv): whether the entity's programs have been effective in accomplishing the intended objectives; and
Utah Code Annotated § 67-3-1(4)(a)(v): whether the entity's management, control, and information systems are adequate, effective, and secure.
Utah Code Annotated § 67-3-1(4)(b): The auditor may not conduct performance and special purpose audits, examinations, and reviews of any entity that receives public funds if the entity:
Utah Code Annotated § 67-3-1(4)(b)(i): has an elected auditor; and
Utah Code Annotated § 67-3-1(4)(b)(ii): has, within the entity's last budget year, had the entity's financial statements or performance formally reviewed by another outside auditor.
Utah Code Annotated § 67-3-1(5): The state auditor:
Utah Code Annotated § 67-3-1(5)(a): shall administer any oath or affirmation necessary to the performance of the duties of the auditor's office; and
Utah Code Annotated § 67-3-1(5)(b): may:
Utah Code Annotated § 67-3-1(5)(b)(i): subpoena witnesses and documents, whether electronic or otherwise; and
Utah Code Annotated § 67-3-1(5)(b)(ii): examine into any matter that the auditor considers necessary.
Utah Code Annotated § 67-3-1(6): The state auditor may require all persons who have had the disposition or management of any property of this state or its political subdivisions to submit statements regarding the property at the time and in the form that the auditor requires.
Utah Code Annotated § 67-3-1(7): 59-2-303.1; 67-1a-15; 67-1a-15 The state auditor shall:
Utah Code Annotated § 67-3-1(7)(a): except where otherwise provided by law, institute suits in Salt Lake County in relation to the assessment, collection, and payment of revenues against:
Utah Code Annotated § 67-3-1(7)(a)(i): persons who by any means have become entrusted with public money or property and have failed to pay over or deliver the money or property; and
Utah Code Annotated § 67-3-1(7)(a)(ii): all debtors of the state;
Utah Code Annotated § 67-3-1(7)(b): collect and pay into the state treasury all fees received by the state auditor;
Utah Code Annotated § 67-3-1(7)(c): perform the duties of a member of all boards of which the state auditor is a member by the constitution or laws of the state, and any other duties that are prescribed by the constitution and by law;
Utah Code Annotated § 67-3-1(7)(d): stop the payment of the salary of any state official or state employee who:
Utah Code Annotated § 67-3-1(7)(d)(i): refuses to settle accounts or provide required statements about the custody and disposition of public funds or other state property;
Utah Code Annotated § 67-3-1(7)(d)(ii): refuses, neglects, or ignores the instruction of the state auditor or any controlling board or department head with respect to the manner of keeping prescribed accounts or funds; or
Utah Code Annotated § 67-3-1(7)(d)(iii): fails to correct any delinquencies, improper procedures, and errors brought to the official's or employee's attention;
Utah Code Annotated § 67-3-1(7)(e): establish accounting systems, methods, and forms for public accounts in all taxing or fee-assessing units of the state in the interest of uniformity, efficiency, and economy;
Utah Code Annotated § 67-3-1(7)(f): superintend the contractual auditing of all state accounts;
Utah Code Annotated § 67-3-1(7)(g): subject to Subsection (8)(a), withhold state allocated funds or the disbursement of property taxes from a state or local taxing or fee-assessing unit, if necessary, to ensure that officials and employees in those taxing units comply with state laws and procedures in the budgeting, expenditures, and financial reporting of public funds;
Utah Code Annotated § 67-3-1(7)(h): 59-2-303.1 subject to Subsection (9), withhold the disbursement of tax money from any county, if necessary, to ensure that officials and employees in the county comply with Section
Utah Code Annotated § 67-3-1(7)(i): 67-1a-15; 67-1a-15 withhold state allocated funds or the disbursement of property taxes from a local government entity or a limited purpose entity, as those terms are defined in Section
Utah Code Annotated § 67-3-1(8):
Utah Code Annotated § 67-3-1(8)(a): Except as otherwise provided by law, the state auditor may not withhold funds under Subsection (7)(g) until a state or local taxing or fee-assessing unit has received formal written notice of noncompliance from the auditor and has been given 60 days to make the specified corrections.
Utah Code Annotated § 67-3-1(8)(b): If, after receiving notice under Subsection (8)(a), a state or independent local fee-assessing unit that exclusively assesses fees has not made corrections to comply with state laws and procedures in the budgeting, expenditures, and financial reporting of public funds, the state auditor:
Utah Code Annotated § 67-3-1(8)(b)(i): shall provide a recommended timeline for corrective actions;
Utah Code Annotated § 67-3-1(8)(b)(ii): may prohibit the state or local fee-assessing unit from accessing money held by the state; and
Utah Code Annotated § 67-3-1(8)(b)(iii): may prohibit a state or local fee-assessing unit from accessing money held in an account of a financial institution by filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the fee-assessing unit access to an account.
Utah Code Annotated § 67-3-1(8)(c): The state auditor shall remove a limitation on accessing funds under Subsection (8)(b) upon compliance with state laws and procedures in the budgeting, expenditures, and financial reporting of public funds.
Utah Code Annotated § 67-3-1(8)(d): If a local taxing or fee-assessing unit has not adopted a budget in compliance with state law, the state auditor:
Utah Code Annotated § 67-3-1(8)(d)(i): shall provide notice to the taxing or fee-assessing unit of the unit's failure to comply;
Utah Code Annotated § 67-3-1(8)(d)(ii): may prohibit the taxing or fee-assessing unit from accessing money held by the state; and
Utah Code Annotated § 67-3-1(8)(d)(iii): may prohibit a taxing or fee-assessing unit from accessing money held in an account of a financial institution by:
Utah Code Annotated § 67-3-1(8)(d)(iii)(A): contacting the taxing or fee-assessing unit's financial institution and requesting that the institution prohibit access to the account; or
Utah Code Annotated § 67-3-1(8)(d)(iii)(B): filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the taxing or fee-assessing unit access to an account.
Utah Code Annotated § 67-3-1(8)(e): If the local taxing or fee-assessing unit adopts a budget in compliance with state law, the state auditor shall eliminate a limitation on accessing funds described in Subsection (8)(d).
Utah Code Annotated § 67-3-1(9): The state auditor may not withhold funds under Subsection (7)(h) until a county has received formal written notice of noncompliance from the auditor and has been given 60 days to make the specified corrections.
Utah Code Annotated § 67-3-1(10): 67-1a-15; 67-1a-15; 67-1a-15
Utah Code Annotated § 67-3-1(10)(a): 67-1a-15 The state auditor may not withhold funds under Subsection (7)(i) until the state auditor receives a notice of non-registration, as that term is defined in Section
Utah Code Annotated § 67-3-1(10)(b): 67-1a-15 If the state auditor receives a notice of non-registration, the state auditor may prohibit the local government entity or limited purpose entity, as those terms are defined in Section
Utah Code Annotated § 67-3-1(10)(b)(i): money held by the state; and
Utah Code Annotated § 67-3-1(10)(b)(ii): money held in an account of a financial institution by:
Utah Code Annotated § 67-3-1(10)(b)(ii)(A): contacting the entity's financial institution and requesting that the institution prohibit access to the account; or
Utah Code Annotated § 67-3-1(10)(b)(ii)(B): filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the entity access to an account.
Utah Code Annotated § 67-3-1(10)(c): 67-1a-15 The state auditor shall remove the prohibition on accessing funds described in Subsection (10)(b) if the state auditor received a notice of registration, as that term is defined in Section
Utah Code Annotated § 67-3-1(11): 67-1a-15 Notwithstanding Subsection (7)(g), (7)(h), (7)(i), (8)(b), (8)(d), or (10)(b), the state auditor:
Utah Code Annotated § 67-3-1(11)(a): 67-1a-15 shall authorize a disbursement by a local government entity or limited purpose entity, as those terms are defined in Section
Utah Code Annotated § 67-3-1(11)(a)(i): avoid a major disruption in the operations of the local government entity, limited purpose entity, or state or local taxing or fee-assessing unit; or
Utah Code Annotated § 67-3-1(11)(a)(ii): meet debt service obligations; and
Utah Code Annotated § 67-3-1(11)(b): may authorize a disbursement by a local government entity, limited purpose entity, or state or local taxing or fee-assessing unit as the state auditor determines is appropriate.
Utah Code Annotated § 67-3-1(12): 67-4-1
Utah Code Annotated § 67-3-1(12)(a): The state auditor may seek relief under the Utah Rules of Civil Procedure to take temporary custody of public funds if an action is necessary to protect public funds from being improperly diverted from their intended public purpose.
Utah Code Annotated § 67-3-1(12)(b): 67-4-1 If the state auditor seeks relief under Subsection (12)(a):
Utah Code Annotated § 67-3-1(12)(b)(i): the state auditor is not required to exhaust the procedures in Subsection (7) or (8); and
Utah Code Annotated § 67-3-1(12)(b)(ii): 67-4-1 the state treasurer may hold the public funds in accordance with Section
Utah Code Annotated § 67-3-1(13): The state auditor shall:
Utah Code Annotated § 67-3-1(13)(a): establish audit guidelines and procedures for audits of local mental health and substance abuse authorities and their contract providers, conducted pursuant to Title 17, Chapter 43, Part 2, Local Substance Abuse Authorities, Title 17, Chapter 43, Part 3, Local Mental Health Authorities, Title 26B, Chapter 5, Health Care - Substance Use and Mental Health, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; and
Utah Code Annotated § 67-3-1(13)(b): ensure that those guidelines and procedures provide assurances to the state that:
Utah Code Annotated § 67-3-1(13)(b)(i): state and federal funds appropriated to local mental health authorities are used for mental health purposes;
Utah Code Annotated § 67-3-1(13)(b)(ii): a private provider under an annual or otherwise ongoing contract to provide comprehensive mental health programs or services for a local mental health authority is in compliance with state and local contract requirements and state and federal law;
Utah Code Annotated § 67-3-1(13)(b)(iii): state and federal funds appropriated to local substance abuse authorities are used for substance abuse programs and services; and
Utah Code Annotated § 67-3-1(13)(b)(iv): a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for a local substance abuse authority is in compliance with state and local contract requirements, and state and federal law.
Utah Code Annotated § 67-3-1(14): 11-41-104; 11-41-103
Utah Code Annotated § 67-3-1(14)(a): The state auditor may, in accordance with the auditor's responsibilities for political subdivisions of the state as provided in Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, initiate audits or investigations of any political subdivision that are necessary to determine honesty and integrity in fiscal affairs, accuracy and reliability of financial statements, effectiveness, and adequacy of financial controls and compliance with the law.
Utah Code Annotated § 67-3-1(14)(b): 11-41-104; 11-41-103 If the state auditor receives notice under Subsection
Utah Code Annotated § 67-3-1(15):
Utah Code Annotated § 67-3-1(15)(a): The state auditor may not audit work that the state auditor performed before becoming state auditor.
Utah Code Annotated § 67-3-1(15)(b): If the state auditor has previously been a responsible official in state government whose work has not yet been audited, the Legislature shall:
Utah Code Annotated § 67-3-1(15)(b)(i): designate how that work shall be audited; and
Utah Code Annotated § 67-3-1(15)(b)(ii): provide additional funding for those audits, if necessary.
Utah Code Annotated § 67-3-1(16): The state auditor shall:
Utah Code Annotated § 67-3-1(16)(a): with the assistance, advice, and recommendations of an advisory committee appointed by the state auditor from among special district boards of trustees, officers, and employees and special service district boards, officers, and employees:
Utah Code Annotated § 67-3-1(16)(a)(i): prepare a Uniform Accounting Manual for Special Districts that:
Utah Code Annotated § 67-3-1(16)(a)(i)(A): prescribes a uniform system of accounting and uniform budgeting and reporting procedures for special districts under Title 17B, Limited Purpose Local Government Entities - Special Districts, and special service districts under Title 17D, Chapter 1, Special Service District Act;
Utah Code Annotated § 67-3-1(16)(a)(i)(B): conforms with generally accepted accounting principles; and
Utah Code Annotated § 67-3-1(16)(a)(i)(C): prescribes reasonable exceptions and modifications for smaller districts to the uniform system of accounting, budgeting, and reporting;
Utah Code Annotated § 67-3-1(16)(a)(ii): maintain the manual under this Subsection (16)(a) so that the manual continues to reflect generally accepted accounting principles;
Utah Code Annotated § 67-3-1(16)(a)(iii): conduct a continuing review and modification of procedures in order to improve them;
Utah Code Annotated § 67-3-1(16)(a)(iv): prepare and supply each district with suitable budget and reporting forms; and
Utah Code Annotated § 67-3-1(16)(a)(v):
Utah Code Annotated § 67-3-1(16)(a)(v)(A): prepare instructional materials, conduct training programs, and render other services considered necessary to assist special districts and special service districts in implementing the uniform accounting, budgeting, and reporting procedures; and
Utah Code Annotated § 67-3-1(16)(a)(v)(B): ensure that any training described in Subsection (16)(a)(v)(A) complies with Title 63G, Chapter 22, State Training and Certification Requirements; and
Utah Code Annotated § 67-3-1(16)(b): continually analyze and evaluate the accounting, budgeting, and reporting practices and experiences of specific special districts and special service districts selected by the state auditor and make the information available to all districts.
Utah Code Annotated § 67-3-1(17): 63G-2-103; 63G-2-501; 63G-2-404
Utah Code Annotated § 67-3-1(17)(a): The following records in the custody or control of the state auditor are protected records under Title 63G, Chapter 2, Government Records Access and Management Act:
Utah Code Annotated § 67-3-1(17)(a)(i): records that would disclose information relating to allegations of personal misconduct, gross mismanagement, or illegal activity of a past or present governmental employee if the information or allegation cannot be corroborated by the state auditor through other documents or evidence, and the records relating to the allegation are not relied upon by the state auditor in preparing a final audit report;
Utah Code Annotated § 67-3-1(17)(a)(ii): records and audit workpapers to the extent the workpapers would disclose the identity of an individual who during the course of an audit, communicated the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the laws of this state, a political subdivision of the state, or any recognized entity of the United States, if the information was disclosed on the condition that the identity of the individual be protected;
Utah Code Annotated § 67-3-1(17)(a)(iii): before an audit is completed and the final audit report is released, records or drafts circulated to an individual who is not an employee or head of a governmental entity for the individual's response or information;
Utah Code Annotated § 67-3-1(17)(a)(iv): records that would disclose an outline or part of any audit survey plans or audit program; and
Utah Code Annotated § 67-3-1(17)(a)(v): requests for audits, if disclosure would risk circumvention of an audit.
Utah Code Annotated § 67-3-1(17)(b): The provisions of Subsections (17)(a)(i), (ii), and (iii) do not prohibit the disclosure of records or information that relate to a violation of the law by a governmental entity or employee to a government prosecutor or peace officer.
Utah Code Annotated § 67-3-1(17)(c): The provisions of this Subsection (17) do not limit the authority otherwise given to the state auditor to classify a document as public, private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code Annotated § 67-3-1(17)(d): 63G-2-103; 63G-2-501; 63G-2-404
Utah Code Annotated § 67-3-1(17)(d)(i): 63G-2-103 As used in this Subsection (17)(d), "record dispute" means a dispute between the state auditor and the subject of an audit performed by the state auditor as to whether the state auditor may release a record, as defined in Section
Utah Code Annotated § 67-3-1(17)(d)(ii): 63G-2-501 The state auditor may submit a record dispute to the State Records Committee, created in Section
Utah Code Annotated § 67-3-1(17)(d)(iii): 63G-2-404 The state auditor or the subject of the audit may seek judicial review of a State Records Committee determination under Subsection (17)(d)(ii), as provided in Section
Utah Code Annotated § 67-3-1(18): If the state auditor conducts an audit of an entity that the state auditor has previously audited and finds that the entity has not implemented a recommendation made by the state auditor in a previous audit, the state auditor shall notify the Legislative Management Committee through the Legislative Management Committee's audit subcommittee that the entity has not implemented that recommendation.
Utah Code Annotated § 67-3-1(19): 67-3-13 The state auditor shall, with the advice and consent of the Senate, appoint the state privacy officer described in Section
Utah Code Annotated § 67-3-1(20): Except as provided in Subsection (21), the state auditor shall report, or ensure that another government entity reports, on the financial, operational, and performance metrics for the state system of higher education and the state system of public education, including metrics in relation to students, programs, and schools within those systems.
Utah Code Annotated § 67-3-1(21): 53E-7-402; 53F-4-302; 53F-6-402
Utah Code Annotated § 67-3-1(21)(a): 53E-7-402; 53F-4-302; 53F-6-402 Notwithstanding Subsection (20), the state auditor shall conduct regular audits of:
Utah Code Annotated § 67-3-1(21)(a)(i): 53E-7-402 the scholarship granting organization for the Carson Smith Opportunity Scholarship Program, created in Section
Utah Code Annotated § 67-3-1(21)(a)(ii): 53F-4-302 the State Board of Education for the Carson Smith Scholarship Program, created in Section
Utah Code Annotated § 67-3-1(21)(a)(iii): 53F-6-402 the scholarship program manager for the Utah Fits All Scholarship Program, created in Section
Utah Code Annotated § 67-3-1(21)(b): Nothing in this subsection limits or impairs the authority of the State Board of Education to administer the programs described in Subsection (21)(a).
Utah Code Annotated § 67-3-1(22): 36-12-12.1; 36-12-12.1 The state auditor shall, based on the information posted by the Office of Legislative Research and General Counsel under Subsection
Utah Code Annotated § 67-3-1(22)(a): 36-12-12.1 the information posted under Subsections
Utah Code Annotated § 67-3-1(22)(b): an indication regarding whether the policy is timely adopted, adopted late, or not adopted;
Utah Code Annotated § 67-3-1(22)(c): an indication regarding whether the policy complies with the requirements established by law for the policy; and
Utah Code Annotated § 67-3-1(22)(d): a link to the policy.
Utah Code Annotated § 67-3-1(23):
Utah Code Annotated § 67-3-1(23)(a): A legislator may request that the state auditor conduct an inquiry to determine whether a government entity, government official, or government employee has complied with a legal obligation directly imposed, by statute, on the government entity, government official, or government employee.
Utah Code Annotated § 67-3-1(23)(b): The state auditor may, upon receiving a request under Subsection (23)(a), conduct the inquiry requested.
Utah Code Annotated § 67-3-1(23)(c): If the state auditor conducts the inquiry described in Subsection (23)(b), the state auditor shall post the results of the inquiry on the state auditor's website.
Utah Code Annotated § 67-3-1(23)(d): The state auditor may limit the inquiry described in this Subsection (23) to a simple determination, without conducting an audit, regarding whether the obligation was fulfilled.
Utah Code Annotated § 67-3-1(24): The state auditor shall:
Utah Code Annotated § 67-3-1(24)(a): ensure compliance with Title 63G, Chapter 31, Distinctions on the Basis of Sex, in accordance with Section 63G-31-401; and
Utah Code Annotated § 67-3-1(24)(b): report to the Legislative Management Committee, upon request, regarding the state auditor's actions under this Subsection (24).
Utah Code Annotated § 67-3-1(25): 67-27-107; 67-27-108; 67-27-109 The state auditor shall report compliance with Sections
Utah Code Annotated § 67-3-1(25)(a): establishing a process to receive and audit each alleged violation; and
Utah Code Annotated § 67-3-1(25)(b): reporting to the Legislative Management Committee, upon request, regarding the state auditor's findings and recommendations under this Subsection (25).
Utah Code Annotated § 67-3-1.5 Fees of state auditor.
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The state auditor shall receive the following fees:
Utah Code Annotated § 67-3-2 Right to compel accounting by, and state accounts with, all collectors of state money -- Escheats.
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Whenever any person has received money, or has money or other personal property which belongs to the state by escheat or otherwise, or has been entrusted with the collection, management or disbursement of any money, bonds, or interest accruing thereon, belonging to or held in trust by the state, and fails to render an account thereof to and make settlement with the state auditor within the time prescribed by law, or, when no particular time is specified, fails to render such account and make settlement, or who fails to pay into the state treasury any money belonging to the state, upon being required so to do by the state auditor, within 20 days after such requisition, the state auditor must state an account with such person, charging 25% damages, and interest at the rate of 10% per annum from the time of failure; a copy of such account in any suit thereon shall be prima facie evidence of the things therein stated. In case the state auditor cannot, for want of information, state such an account, the state auditor may in any action brought by the state auditor aver the fact, and allege generally the amount of money or other property which is due to or which belongs to the state.
Utah Code Annotated § 67-3-3 Disbursements of public funds -- Suspension of disbursements -- Procedure upon suspension.
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Utah Code Annotated § 67-3-3(1): The state auditor may suspend any disbursement of public funds whenever, in the state auditor's opinion, the disbursement is contrary to law.
Utah Code Annotated § 67-3-3(2):
Utah Code Annotated § 67-3-3(2)(a): If the validity of a disbursement described in Subsection (1) is not established within six months from the date of original suspension, the state auditor shall refer the matter to the attorney general for appropriate action.
Utah Code Annotated § 67-3-3(2)(b): If, in the attorney general's opinion, the suspension described in Subsection (2)(a) was justified, the attorney general shall immediately notify the state auditor, who shall immediately make demand upon the surety of the disbursing or certifying officer.
Utah Code Annotated § 67-3-3(2)(c): If the state auditor makes a demand under Subsection (2)(b), the surety shall immediately meet the demand and pay into the state treasury by certified check or legal tender any amount or amounts disbursed and involved in the suspension.
Utah Code Annotated § 67-3-3(3):
Utah Code Annotated § 67-3-3(3)(a): The state auditor shall ensure that each suspension is in writing.
Utah Code Annotated § 67-3-3(3)(b): The state auditor shall:
Utah Code Annotated § 67-3-3(3)(b)(i): prepare a form to be known as the notice of suspension;
Utah Code Annotated § 67-3-3(3)(b)(ii): ensure that the form contains complete information as to:
Utah Code Annotated § 67-3-3(3)(b)(ii)(A): the payment suspended;
Utah Code Annotated § 67-3-3(3)(b)(ii)(B): the reason for the suspension;
Utah Code Annotated § 67-3-3(3)(b)(ii)(C): the amount of money involved; and
Utah Code Annotated § 67-3-3(3)(b)(ii)(D): any other information that will clearly establish identification of the payment;
Utah Code Annotated § 67-3-3(3)(b)(iii): retain the original of the suspension notice;
Utah Code Annotated § 67-3-3(3)(b)(iv): serve one copy of the suspension notice upon:
Utah Code Annotated § 67-3-3(3)(b)(iv)(A): the disbursing or certifying officer;
Utah Code Annotated § 67-3-3(3)(b)(iv)(B): any member of the finance commission; and
Utah Code Annotated § 67-3-3(3)(b)(iv)(C): the surety of the disbursing or certifying officer, except that mailing the copy to the surety company constitutes legal service;
Utah Code Annotated § 67-3-3(3)(b)(v): attach one copy of the suspension notice to the document under suspension; and
Utah Code Annotated § 67-3-3(3)(b)(vi): take receipts entered upon the original suspension notice held by the state auditor from the disbursing or certifying officer, the finance commission, and the surety.
Utah Code Annotated § 67-3-3(4):
Utah Code Annotated § 67-3-3(4)(a): Immediately upon any suspension becoming final, the finance commission shall:
Utah Code Annotated § 67-3-3(4)(a)(i): cause an entry to be made debiting the disbursing or certifying officer with the amount of money involved in any suspension notice; and
Utah Code Annotated § 67-3-3(4)(a)(ii): credit the account originally charged by the payment.
Utah Code Annotated § 67-3-3(4)(b): Upon release of final suspension by the state auditor, the finance commission shall make a reversing entry, crediting the disbursing or certifying officer, and like credit shall be given in all recoveries from the surety.
Utah Code Annotated § 67-3-3(5):
Utah Code Annotated § 67-3-3(5)(a): In accordance with this Subsection (5), the state auditor may prohibit the access of a state or local taxing or fee-assessing unit to money held by the state or in an account of a financial institution, if the state auditor determines that the local taxing or fee-assessing unit is not in compliance with state law regarding budgeting, expenditures, financial reporting of public funds, and transparency.
Utah Code Annotated § 67-3-3(5)(b): The state auditor may not withhold funds under Subsection (5)(a) until the state auditor:
Utah Code Annotated § 67-3-3(5)(b)(i): sends formal notice of noncompliance to the state or local taxing or fee-assessing unit; and
Utah Code Annotated § 67-3-3(5)(b)(ii): allows the state or local taxing or fee-assessing unit 60 calendar days to:
Utah Code Annotated § 67-3-3(5)(b)(ii)(A): make the specified corrections; or
Utah Code Annotated § 67-3-3(5)(b)(ii)(B): demonstrate to the state auditor that the specified corrections are not legally required.
Utah Code Annotated § 67-3-3(5)(c): If, after receiving notice under Subsection (5)(b), the state or local fee-assessing unit does not make the specified corrections and the state auditor does not agree with any demonstration under Subsection (5)(b)(ii)(B), the state auditor:
Utah Code Annotated § 67-3-3(5)(c)(i): shall provide notice to the taxing or fee-assessing unit of the unit's failure to comply;
Utah Code Annotated § 67-3-3(5)(c)(ii): shall provide a recommended timeline for corrective actions;
Utah Code Annotated § 67-3-3(5)(c)(iii): may prohibit the taxing or fee-assessing unit from accessing money held by the state; and
Utah Code Annotated § 67-3-3(5)(c)(iv): may prohibit the taxing or fee-assessing unit from accessing money held in an account of a financial institution by:
Utah Code Annotated § 67-3-3(5)(c)(iv)(A): contacting the taxing or fee-assessing unit's financial institution and requesting that the institution prohibit access to the account; or
Utah Code Annotated § 67-3-3(5)(c)(iv)(B): filing an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, requesting an order of the court to prohibit a financial institution from providing the taxing or fee-assessing unit access to an account.
Utah Code Annotated § 67-3-3(5)(d): The state auditor shall remove the prohibition on accessing funds described in Subsections (5)(c)(iii) and (iv) if:
Utah Code Annotated § 67-3-3(5)(d)(i): the state or local taxing or fee-assessing unit makes the specified corrections described in Subsection (5)(b); or
Utah Code Annotated § 67-3-3(5)(d)(ii): the state auditor agrees with a demonstration under Subsection (5)(b)(ii)(B).
Utah Code Annotated § 67-3-4 Appropriations not to be diverted from purposes.
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No appropriation and no surplus of any appropriation shall be diverted from any account to any other account, except as provided by law, and the money appropriated, or so much as may be necessary, shall be applied to the payment of the item for which the appropriation is made and nothing else.
Utah Code Annotated § 67-3-5 Right of visitation and examination.
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For the purpose of carrying out the duties of the state auditor, the state auditor shall have access to all offices of public entities during business hours for the inspection of their records, regardless of any general limitation on access to records provided in an entity's individual statute.
Utah Code Annotated § 67-3-6 Seal.
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The state auditor shall adopt a seal and shall file a description and an impression thereof with the Division of Archives.
Utah Code Annotated § 67-3-8 Preparation and distribution of budget forms.
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The state auditor shall formulate and print budget forms for all cities, all counties, and all school districts. These budget forms shall be distributed at cost to each city, county, and school district.
Utah Code Annotated § 67-3-10 Background checks for employees.