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[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 5b. Table of Contents]
63-5b-101 Short title.
This chapter is known as the "Emergency Interim Succession
Act."
1992
63-5b-102 Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone, radio, or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare action against the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department of Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of Commerce, the Department of Community and Economic Development, the Department of Corrections, the Department of Environmental Quality, the Department of Financial Institutions, the Department of Health, the Department of Human Resource Management, the Department of Workforce Services, the Labor Commission, the National Guard, the Department of Insurance, the Department of Natural Resources, the Department of Public Safety, the Public Service Commission, the Department of Human Services, the State Tax Commission, the Department of Transportation, any other major administrative subdivisions of state government, the State Board of Education, the State Board of Regents, the Utah Housing Corporation, the Utah Technology Finance Corporation, the Workers' Compensation Fund, the State Retirement Board, and each institution of higher education within the system of higher education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage, social disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural phenomenon, or technological hazard.
(5) "Division" means the Division of Emergency Services and Homeland Security established in Title 53, Chapter 2, Emergency Services and Homeland Security Act.
(6) "Emergency interim successor" means a person designated by this chapter to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing and overseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which are defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office are being exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
(13) "Political subdivision officer" means a person holding an office in a political subdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, and the executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
2002
