67-1b - Transition to New Gubernatorial Administration
Title 67 > 67-1b
Sections (6)
67-1b-101 - Title.
This chapter is known as “Transition to New Gubernatorial Administration.”
67-1b-102 - Definitions.
As used in this chapter: 67-1b-102(1) “Board of canvassers” means the state board of canvassers created in Section 20A-4-306. 67-1b-102(2) “Executive branch” means: the governor, the governor’s staff, and the governor’s appointed advisors; the lieutenant governor and lieutenant governor’s staff; cabinet level officials; except as provided in Subsection (2)(b), an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government; except as provided in Subsection (2)(b), a cabinet officer, elected official, executive director, or board or commission vested with:
policy making and oversight responsibility for a state executive branch agency; or authority to appoint and remove the director of a state executive branch agency; executive ministerial officers; each gubernatorial appointee to a state board, committee, commission, council, or authority; each executive branch management position, as defined in Section 67-1-1.5; each executive branch policy position, as defined in Section 67-1-1.5; and the military forces of the state. “Executive branch” does not include: the legislative branch; the judicial branch; the State Board of Education; the Utah Board of Higher Education; institutions of higher education; independent entities as defined in Section 63E-1-102; elective constitutional offices of the executive department, including the state auditor, the state treasurer, and the attorney general; a county, municipality, school district, special district, or special service district; or an administrative subdivision of a county, municipality, school district, special district, or special service district. 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. 67-1b-102(4) “Governor-elect’s staff” means:
an individual that a governor-elect intends to nominate as a department head; an individual that a governor-elect intends to appoint to a key position in the executive branch; an individual hired by a governor-elect under Subsection 67-1b-105(1)(c); and any other individual expressly engaged by the governor-elect to assist with the governor-elect’s transition into the office of governor. 67-1b-102(5) “Governor’s Office of Planning and Budget” means the office created in Section 63J-4-201. 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. 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. 67-1b-102(8) “Lieutenant governor-elect’s staff” means:
an individual hired by a lieutenant governor-elect under Subsection 67-1b-105(1)(c); and 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. 67-1b-102(9) “Office of the Legislative Fiscal Analyst” means the office created in Section 36-12-13. 67-1b-102(10) “Record” means the same as that term is defined in Section 63G-2-103. 67-1b-102(11) “Transition period” means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January.
67-1b-103 - Applicability.
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. 67-1b-103(2) Except as otherwise provided, this chapter does not apply:
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 Constitution, Article VII, Section 11; or if the successful candidate for governor is the incumbent governor.
67-1b-104 - Duties during transition period.
67-1b-104(1) During a transition period, the executive branch shall:
provide any lawful assistance that the incoming gubernatorial administration may reasonably request related to the transition between gubernatorial administrations; and take reasonable steps to: avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and facilitate an efficient transition between gubernatorial administrations. 67-1b-104(2) During a transition period, the incoming gubernatorial administration shall take reasonable steps to:
avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and facilitate an efficient transition between gubernatorial administrations. 67-1b-104(3) 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. For a record requested by a governor-elect under Subsection (3)(a) that is classified as private or protected under Title 63G, Chapter 2, Government Records Access and Management Act, there is a rebuttable presumption that disclosure of the record to the governor-elect meets the conditions for disclosure under Subsection 63G-2-201(5). A governor-elect who receives records under this Subsection (3) is subject to the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, governing the use and disclosure of records. 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 Title 63G, Chapter 2, Government Records Access and Management Act.
67-1b-105 - Appropriations.
67-1b-105(1) There is created a restricted account in the General Fund known as the “Gubernatorial Transition Account.” The account created in Subsection (1)(a) shall be funded by appropriations made to the account by the Legislature. 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 67-1b-104(2), including: office space; fixtures, furniture, office supplies, office machines, equipment, or information and communication systems used in the office space described in Subsection (1)(c)(i); mobile computing devices, including mobile phones, tablet computers, or laptop computers used by the incoming gubernatorial administration; or hiring employees to assist with transition efforts. Interest or other earnings derived from the Gubernatorial Transition Account shall be deposited in the General Fund. 67-1b-105(2) Any unexpended balance of an appropriation made under this section is nonlapsing.
67-1b-106 - Governor’s budget.
67-1b-106(1) During a transition period:
the governor-elect is entitled to participate in all executive branch budget meetings; subject to Title 63G, Chapter 2, Government Records Access and Management Act, the executive branch shall make records and information related to the preparation of the governor’s confidential draft proposed budget available to the governor-elect; and 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 63J-1-201. 67-1b-106(2) 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. 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. 67-1b-106(3) 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 63J-1-201, and shall submit the proposed budget to the presiding officers of each house of the Legislature after assuming the office of governor. 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. 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.