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(Utah Code, 2003 Edition - as of 1st Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 63. Table of Contents]
[CHAPTER 5b. Table of Contents]

(Title 63. State Affairs in General )
(Chapter 5b. Emergency Interim Succession Act )

Part 5. Succession Process

63-5b-501 Formalities of taking office.
63-5b-502 Period in which authority may be exercised.
63-5b-503 Removal of designees.
63-5b-504 Disputes.

63-5b-501 Formalities of taking office.

(1) At the time that they are appointed as emergency interim successors or special emergency judges, emergency interim successors and special emergency judges shall sign prospectively whatever oath is required to enable them to exercise the powers and duties of the office to which they may succeed.

(2) Notwithstanding any other provision of law, no person is required to comply with any other provision of law relative to taking office as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds.
    1992

63-5b-502 Period in which authority may be exercised.

(1) Persons authorized to act as governor, emergency interim successors, and special emergency judges shall exercise the powers and duties of the office to which they succeed only when a disaster has occurred.

(2) (a) Emergency interim successors serve for 30 days after the date the governor or the governor's emergency successor calls the Legislature into special session, unless the unavailability of the elected official ends or an emergency interim successor earlier in the order of succession becomes available before expiration of the 30-day period.

(b) Notwithstanding the provisions of Subsection (a), if the emergency interim successor is serving for a legislator who is killed or resigns, the emergency interim successor shall serve until the legislator's legal replacement is sworn in.

(3) The Legislature, by concurrent resolution, may:

(a) terminate the authority of any or all emergency interim successors and special emergency judges to exercise the powers and duties of their office at any time; and

(b) extend the time during which any or all emergency interim successors and special emergency judges may exercise the powers and duties of their office.
    1992

63-5b-503 Removal of designees.

Until the persons designated as emergency interim successors or special emergency judges succeed to the exercise of the powers and duties of an office, they shall serve as emergency interim successors or special emergency judges at the pleasure of the designating authority and may be removed and replaced by the designating authority at any time, with or without cause.
    1992

63-5b-504 Disputes.

Except for factual disputes concerning the office of governor, the governor shall adjudicate any dispute concerning a question of fact arising under this chapter concerning a state officer. His decision is final.
    1992

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