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[Utah Code Table of Contents]
[TITLE 67. Table of Contents]
67-1-1 General powers and duties.
In addition to those prescribed by the constitution, the governor has the following powers and must perform the following duties:
(1) He shall supervise the official conduct of all executive and ministerial officers.
(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.
(3) He shall make appointments and fill vacancies as required by law.
(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.
(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.
(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.
(7) He may require the attorney general to aid any county attorney or district attorney in the discharge of his duties.
(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.
(9) He must perform such duties respecting fugitives from justice as are prescribed by law.
(10) He must issue and transmit election proclamations as prescribed by law.
(11) He must issue land warrants and patents as prescribed by law.
(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.
(13) He may require any officer, commission, or board to make special reports to him in writing.
(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.
(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.
(16) He has such other powers and must perform such other
duties as are devolved upon him by law.
1993
67-1-1.5 Gubernatorial appointment powers.
(1) As used in this section:
(a) "Board member" means each gubernatorial appointee to any state board, committee, commission, council, or authority.
(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:
(i) works full-time performing managerial and administrative functions;
(ii) is appointed by the governor with the consent of the Senate.
(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 consent of the Senate.
(ii) "Executive branch policy position" includes each member of any state board and commission appointed by the governor with the consent of the Senate.
(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 consent no later than three months after the date on which the vacancy occurred.
(b) If the Senate fails to consent to that person, the governor shall submit the name of another nominee to the Senate for consent no later than one month after the date on which the nomination was rejected by the Senate.
(3) (a) Whenever a vacancy occurs in any executive branch management position, the governor may either:
(i) 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
(ii) 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.
(b) If the Senate fails to consent to the interim manager appointed under Subsection (3)(a)(ii), the governor may appoint another interim manager under Subsection (3)(a).
(c) 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:
(i) 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
(ii) submit the name of the first interim manager to the Senate for consent as an interim manager for a three-month term.
(4) The governor may not make a temporary appointment to fill a vacant executive branch policy position.
(5) (a) Before appointing any person to serve as a board member, the governor shall ask the person whether or not the person wishes to receive per diem, expenses, or both for serving as a board member.
(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.
2002
67-1-2 Sending list of gubernatorial nominees to Senate and to Office of Legislative Research and General Counsel.
(1) Unless waived by a majority of the president of the Senate, the Senate majority leader, and the Senate minority leader, 15 days before any Senate session to confirm any gubernatorial nominee, except a judicial appointment, the governor shall send to each member of the Senate and to the Office of Legislative Research and General Counsel:
(a) a list of each nominee for an office or position made by the governor in accordance with the Utah Constitution and state law; and
(b) any information that may support or provide biographical information about the nominee, including resumes and curriculum vitae.
(2) 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:
(a) the name of the judicial appointee; and
(b) the judicial appointee's:
(i) resume;
(ii) complete file of all the application materials the governor received from the Judicial Nominating Commission; and
(iii) any other related documents, including any letters received by the governor about the appointee, unless the letter specifically directs that it may not be shared.
(3) 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 (2)(b)(iii).
(4) (a) Letters of inquiry submitted by any judge at the request of any judicial nominating commission shall be classified as private in accordance with Section 63-2-302 .
(b) All other records received from the governor pursuant to this Subsection (4) may be classified as private in accordance with Section 63-2-302 .
(5) The Senate shall consent or refuse to give its consent
to the nomination or judicial appointment.
2004
67-1-2.5 Data bases for executive boards.
(1) As used in this section, "executive board" means any executive branch board, commission, council, committee, working group, task force, study group, advisory group, or other body with a defined limited membership that is created to operate for more than six months 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.
(2) The governor shall designate a person from his staff to maintain a computerized data base containing information about all executive boards.
(3) The person designated to maintain the data base shall ensure that the data base contains:
(a) the name of each executive board;
(b) the statutory or constitutional authority for the creation of the executive board;
(c) the sunset date on which each executive board's statutory authority expires;
(d) 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;
(e) the name, address, gender, telephone number, and county of each person currently serving on the executive board, along with a notation of all vacant or unfilled positions;
(f) the title of the position held by the person who appointed each member of the executive board;
(g) 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;
(h) whether or not members appointed to the executive board require consent of the Senate;
(i) the organization, interest group, profession, local government entity, or geographic area that the person represents, if any;
(j) the person's party affiliation, if the statute or executive order creating the position requires representation from political parties;
(k) whether the executive board is a policy board or an advisory board;
(l) whether or not the executive board has or exercises rulemaking authority; and
(m) any compensation and expense reimbursement that members of the executive board are authorized to receive.
(4) The person designated to maintain the data base shall:
(a) make the information contained in the data base available to the public upon request; and
(b) cooperate with other entities of state government to publish the data or useful summaries of the data.
(5) (a) The person designated to maintain the data base shall prepare, publish, and distribute an annual report by December 1 of each year that includes, as of November 1 of that year:
(i) the total number of executive boards;
(ii) the name of each of those executive boards and 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;
(iii) for each state officer and each department and division, the total number of executive boards under the jurisdiction of or affiliated with that officer, department, and division;
(iv) the total number of members for each of those executive boards;
(v) whether or not some or all of the members of each of those executive boards are approved by the Senate;
(vi) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and
(vii) the compensation, if any, paid to the members of each of those executive boards.
(b) The person designated to maintain the data bases shall distribute copies of the report to:
(i) the governor;
(ii) the president of the Senate;
(iii) the speaker of the House;
(iv) the Office of Legislative Research and General Counsel; and
(v) any other persons who request a copy of the annual
report.
2002
67-1-3 Removal of gubernatorial appointee.
(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.
(2) If the appointment required consent of the Senate,
the governor may fill the vacancy created by the removal
by following the procedures and requirements of Section
67-1-1.5
.
2002
67-1-4 Records to be kept.
The governor must cause to be kept the following records:
(1) An account of all his official expenses and disbursements, including the incidental expenses of his department, and an account of all rewards offered by him for the apprehension of criminals and persons charged with crime.
(2) A register of all appointments made by him, with dates
of commissions and names of appointees and predecessors.
1953
67-1-5 Commissioning officers.
The governor must commission all officers of the militia,
and all officers appointed by the governor or by the governor
with the consent of the Senate.
1953
67-1-6 Acting governor - Powers and duties.
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 him, extends to the person performing, for
the time being, the duties of governor.
1953
67-1-8.1 Executive Residence Commission - Recommendations as to restoration of executive residence.
(1) The Legislature finds and declares that:
(a) the state property known as the Kearns' mansion, the executive residence, is an irreplaceable historic landmark possessing special and unique architectural qualities that should be preserved; and
(b) the deterioration that has taken place will continue unless remedial restoration measures are undertaken.
(2) (a) An Executive Residence Commission is established to make recommendations to the Legislature for the budgeting of renovation, upkeep, historical maintenance, and restoration of the executive residence.
(b) The commission shall consist of three private citizens appointed by the governor, all of whom have demonstrated an interest in historical preservation.
(c) The commission shall also consist of one assigned representative from the Board of the Utah Arts Council, one from the Board of State History, one from the building board, an interior designer selected by the Utah chapter of ASID, and an architect selected by the Utah chapter of the AIA.
(3) (a) Except as required by Subsection (b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a four-year term ending on March 1.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(4) (a) The governor shall appoint a chair from among the membership of the commission.
(b) Five 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.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(6) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the commission at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may
decline to receive per diem and expenses for their service.
1996
67-1-9 Governor's residence - Sources of funds.
(1) The Kearns' mansion shall be the official residence of the governor.
(2) The building board may apply for, accept and expend
funds from federal and other sources for carrying out the
purposes of Section
67-1-8.1
and this section.
2001
67-1-10 Spouse of the governor - Status as state employee.
The spouse of the governor of the state, when acting as
a representative of this state, shall be considered a state
employee.
1985
67-1-11 Gender balance in appointing board members.
(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.
(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.
1992
67-1-12 Displaced defense workers.
(1) The governor, through the Department of Workforce Services, may use funds specifically appropriated by the Legislature to benefit, in a manner prescribed by Subsection (2):
(a) Department of Defense employees within the state who lose their employment because of reductions in defense spending by the federal government;
(b) persons dismissed by a defense-related industry employer because of reductions in federal government defense contracts received by the employer; and
(c) defense-related businesses in the state that have been severely and adversely impacted because of reductions in defense spending.
(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:
(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;
(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;
(c) provide for retraining, upgraded services, and programs at applied technology centers, 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;
(d) aid public or private entities that provide assistance in locating new employment;
(e) inform the public of assistance programs available for persons who have lost their employment;
(f) increase funding for assistance and retraining programs;
(g) provide assistance for small start-up companies owned or operated by persons who have lost their employment;
(h) enhance the implementation of dual-use technologies programs, community adjustment assistance programs, or other relevant programs under Pub. L. No. 102-484; and
(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:
(i) creating and operating state information clearinghouse operations that monitor relevant activities on the federal, state, and local level;
(ii) identifying, seeking, and matching funds from federal and other public agencies and private donors;
(iii) identifying and coordinating needs in different geographic areas;
(iv) coordinating training and retraining centers;
(v) coordinating technology transfer efforts between public entities, private entities, and institutions of higher education;
(vi) facilitating the development of local and national awareness and support for Utah defense installations;
(vii) studying the creation of strategic alliances, tax incentives, and relocation and consolidation assistance; and
(viii) exploring feasible alternative uses for the physical and human resources at defense installations and in related industries should reductions in mission occur.
(3) The governor, through the Department of Workforce
Services, may coordinate and administer the expenditure of
monies under this section and collaborate with applied technology
centers, public institutions of higher learning, or other
appropriate public or private entities to provide retraining
and other services described in Subsection (2).
1999
67-1-14 Information technology.
The governor shall review the executive branch strategic
plan submitted to the governor by the chief information officer
in accordance with Section
63F-1-203
.
2005
67-1-15 Approval of international trade agreement - Consultation with Utah International Trade Commission.
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 Trade
Commission.
2006
