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[Utah Code Table of Contents]
[TITLE 67. Table of Contents]

67-1a-1 Intent of Legislature.

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.
    2001

67-1a-2 Duties enumerated.

(1) The lieutenant governor shall:

(a) perform duties delegated by the governor, including assignments to serve in any of the following capacities:

(i) as the head of any one department, if so qualified, with the consent of the Senate, and, upon appointment at the pleasure of the governor and without additional compensation;

(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;

(iii) as liaison between the governor and the state Legislature to coordinate and facilitate the governor's programs and budget requests;

(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;

(v) as personal advisor to the governor, including advice on policies, programs, administrative and personnel matters, and fiscal or budgetary matters; and

(vi) as chairperson or member of any temporary or permanent boards, councils, commissions, committees, task forces, or other group appointed by the governor;

(b) serve on all boards and commissions in lieu of the governor, whenever so designated by the governor;

(c) serve as the chief election officer of the state as required by Subsection (2);

(d) keep custody of the Great Seal of Utah;

(e) keep a register of, and attest, the official acts of the governor;

(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

(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.

(2) (a) As the chief election officer, the lieutenant governor shall:

(i) exercise general supervisory authority over all elections;

(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;

(iii) assist county clerks in unifying the election ballot;

(iv) prepare election information for the public and make that information available to the news media;

(v) receive and answer election questions and maintain an election file on opinions received from the attorney general;

(vi) maintain election returns and statistics;

(vii) certify to the governor the names of those persons who have received the highest number of votes for any office;

(viii) ensure that all voting equipment purchased by the state complies with the requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ; and

(ix) perform other election duties as provided in Title 20A, Election Code.

(b) As chief election officer, the lieutenant governor may not assume the responsibilities assigned to the county clerks, city recorders, town clerks, or other local election officials by Title 20A, Election Code.
    2005

67-1a-2.5 Fees of lieutenant governor.

In addition to the fees prescribed by Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act, the lieutenant governor shall receive and determine fees pursuant to Section 63-38-3.2 for the following:

(1) 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 Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act;

(2) for affixing certificate and the Great Seal of the state, except on documents filed under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act, and Title 16, Chapter 10a, Utah Revised Business Corporation Act;

(3) for each commission signed by the governor, except that no charge may be made for commissions to public officers serving without compensation;

(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;

(5) for recording miscellaneous papers or documents;

(6) for filing any paper or document not otherwise provided for; and

(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 his office or for a certified copy of any law or resolution relative to his official duties passed by the Legislature.
    2001

67-1a-3 Employment of personnel.

The lieutenant governor, with the approval of the governor, may employ personnel necessary to carry out the duties and responsibilities of his office.
    1984

67-1a-5 Budget proposal.

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.
    1985

67-1a-6 Designation as secretary of state - Duties.

(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.

(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.
    1984

67-1a-6.5 Lieutenant governor certification of governmental entity creation, consolidation, division, dissolution, or boundary change.

(1) As used in this section:

(a) "AGRC" means the Automated Geographic Reference Center created under Section 63F-1-506 .

(b) "Boundary change" means the adjustment of an entity's boundary either through gaining territory (annexation), losing territory (withdrawal), adjusting the common boundary with an adjacent entity (may gain territory, lose territory, or a combination of both gaining and losing territory), or any other adjustment of the entity's boundary.

(c) "Consolidation" means the combining of two or more entities into a single entity such that the consolidated entity's boundary contains all of the territory of the original entities, but no additional territory.

(d) "County attorney" means the county attorney of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.

(e) (i) "County auditor" means the county auditor of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.

(ii) If the county does not have a county auditor, "county auditor" means the county clerk or other government official acting as the county auditor.

(f) "County recorder" means the county recorder of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.

(g) "County surveyor" means the county surveyor of each county which contains any part of the area affected by the entity creation, consolidation, division, dissolution, or boundary change.

(h) "Creation" means the forming of a new entity where that entity did not exist before its creation.

(i) "Dissolution" means the disbandment of an entity.

(j) "Division" means the dividing of one entity into two or more entities such that the original entity's boundary contains all of the territory of the resultant entities, but no additional territory.

(k) "Entity" means the entity that is created, consolidated, divided, dissolved, or whose boundary is changed.

(l) "Initiating body" means the county legislative body, municipal legislative body, special district board, local district board, court, public official, or other authorized person that initiates the creation, dissolution, consolidation, or boundary change of an entity or entities.

(m) "Notice of entity boundary change" means the notice the lieutenant governor receives under Subsection 10-1-116 (1), 10-2-419 (4), 10-2-425 (1), 10-2-507 (1), 17-2-9 (2), 17-2-13 (3), 17-50-104 (3), 17-50-105 (1)(b) or (2)(e), 17A-2-1327 (4), 17B-2-514 (2), 17B-2-516 (6), 17B-2-610 (1), or 53A-2-101.5 (1) of an entity's pending boundary change.

(n) "Notice of entity consolidation" means the notice the lieutenant governor receives under Section 10-2-610 or Subsection 10-1-116 (1) or 17-2-4 (2) of entities' pending consolidation.

(o) "Notice of entity creation" means the notice the lieutenant governor receives under Subsection 10-1-116 (1), 10-2-119 (1), 10-2-125 (6), 11-13-204 (4), 11-13-205 (6), 17A-2-1311 (2), 17B-2-215 (1), 17C-1-201 (2), or 53A-2-101.5 (1) of an entity's pending creation.

(p) "Notice of entity dissolution" means the notice the lieutenant governor receives under Subsection 10-1-116 (1), 10-2-712 (2), 17A-2-1329 (3), 17B-2-708 (4), or 17C-1-701 (2)(a) of an entity's pending dissolution.

(q) "Notice of entity division" means the notice the lieutenant governor receives under Subsection 17-3-3 (3) of an entity's pending division.

(r) "Notice of intention to file articles of incorporation" means the notice the lieutenant governor receives under Subsection 10-2-120 (1).

(s) "Lieutenant governor" means the lieutenant governor created in Article VII, Section 1 of the Utah Constitution.

(t) "State auditor" means the state auditor created in Article VII, Section 1 of the Utah Constitution.

(u) "State Tax Commission" means the State Tax Commission created in Article XIII, Section 6 of the Utah Constitution.

(2) Within ten days after receiving a notice of entity creation, the lieutenant governor shall:

(a) issue a certificate of entity creation;

(b) (i) send a copy of the certificate issued under Subsection (2)(a) and a copy of the notice of entity creation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(ii) send a copy of the certificate issued under Subsection (2)(a) to the state auditor; and

(c) send to the initiating body a copy of the certificate issued under Subsection (2)(a) and a statement indicating completion of Subsection (2)(b).

(3) Within ten days after receiving a notice of intention to file articles of incorporation, the lieutenant governor shall:

(a) issue a certificate indicating receipt of a notice of intention to file articles of incorporation;

(b) (i) send a copy of the certificate issued under Subsection (3)(a) and a copy of the notice of intention to file articles of incorporation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(ii) send a copy of the certificate issued under Subsection (3)(a) to the state auditor; and

(c) send to the initiating body a copy of the certificate issued under Subsection (3)(a) and a statement indicating completion of Subsection (3)(b).

(4) Within ten days after receiving a notice of entity consolidation, the lieutenant governor shall:

(a) issue a certificate of entity consolidation;

(b) (i) send a copy of the certificate issued under Subsection (4)(a) and a copy of the notice of entity consolidation to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(ii) send a copy of the certificate issued under Subsection (4)(a) to the state auditor; and

(c) send to the initiating body and the entities being consolidated, if different from the initiating body, a copy of the certificate issued under Subsection (4)(a) and a statement indicating completion of Subsection (4)(b).

(5) Within ten days after receiving a notice of entity division, the lieutenant governor shall:

(a) issue a certificate of entity division;

(b) (i) send a copy of the certificate issued under Subsection (5)(a) and a copy of the notice of entity consolidation, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(ii) send a copy of the certificate issued under Subsection (5)(a) to the state auditor; and

(c) send to the initiating body a copy of the certificate issued under Subsection (5)(a) and a statement indicating completion of Subsection (5)(b).

(6) Within ten days after receiving a notice of entity dissolution, the lieutenant governor shall:

(a) issue a certificate of entity dissolution;

(b) (i) send a copy of the certificate issued under Subsection (6)(a) and a copy of the notice of entity dissolution to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(ii) send a copy of the certificate issued under Subsection (6)(a) to the state auditor; and

(c) send to the initiating body and the entity being dissolved, if different than the initiating body, a copy of the certificate issued under Subsection (6)(a) and a statement indicating completion of Subsection (6)(b).

(7) Within ten days after receiving a notice of entity boundary change, the lieutenant governor shall:

(a) issue a certificate of entity boundary change;

(b) send a copy of the certificate issued under Subsection (7)(a) and a copy of the notice of entity boundary change, including the accompanying map or legal description, to the State Tax Commission, AGRC, county recorder, county surveyor, county auditor, and county attorney; and

(c) send to the initiating body or bodies, and each entity whose boundary is changed, if different than the initiating body, a copy of the certificate issued under Subsection (7)(a) and a statement indicating completion of Subsection (7)(b).

(8) (a) The lieutenant governor shall keep, index, maintain, and make available to the public certificates, notices, maps, and other documents necessary in performing the duties of Subsections (2) through (7).

(b) The lieutenant governor shall furnish a certified copy of documents to any person who requests a certified copy.

(c) The lieutenant governor may charge a reasonable fee for copies of documents or certified copies of documents.
    2006

67-1a-7 Use and custody of great seal.

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.
    1984

67-1a-8 Form and contents of great seal.

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.
    1984

67-1a-10 Commission on Civic and Character Education - Membership - Chair - Expenses.

(1) There is created within the lieutenant governor's office the Commission on Civic and Character Education.

(2) The commission consists of seven members appointed as follows:

(a) the lieutenant governor, as chief election officer of the state, or a designee;

(b) one member of the House of Representatives, appointed by the speaker of the House;

(c) one member of the Senate, appointed by the president of the Senate;

(d) one member of the State Board of Education, appointed by the chair;

(e) one member of the State Board of Regents, appointed by the chair;

(f) one member of the public with expertise in the area of civic and character education appointed by the other members of the commission to serve for a two year term; and

(g) one justice of the Supreme Court or one appellate court judge appointed by the Supreme Court.

(3) (a) The lieutenant governor shall serve as chairperson or if the lieutenant governor is unable to serve, the commission shall annually elect a chairperson from its membership.

(b) The commission shall hold meetings as needed to carry out its duties. A meeting may be held on the call of the chair or a majority of the commission members.

(c) Three commission members are necessary to constitute a quorum at any meeting and, if a quorum exists, the action of a majority of members present shall be the action of the commission.

(4) (a) An appointed commission member shall be appointed for a two-year term or until their successors are appointed.

(b) When a vacancy occurs in the appointed membership for any reason, the replacement shall be appointed for the unexpired term.

(5) (a) Commission members who are not government employees may not receive compensation or benefits for the services, but may receive per diem and expenses incurred in the performance of their official duties at rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(b) A commission member may decline to receive per diem and expenses for service to the commission.

(6) The duties of the lieutenant governor's office shall include leadership of the commission.

(7) The funding of the commission shall be a separate line item to the lieutenant governor's office in the annual appropriations act.
    2006

67-1a-11 Commission on Civic and Character Education - Duties and responsibilities.

The commission shall:

(1) promote supportive coalitions and collaborative efforts to develop public awareness, and training regarding the provisions of Section 53A-13-109 in recognition that the cultivation of a continuing understanding and appreciation of representative democracy in Utah and the United States among succeeding generations of educated and responsible citizens is important to the nation and state; and

(2) provide leadership to the state's continuous focus on civic and character education in the public schools and institutions of higher education and make recommendations to local school boards and school administrators.
    2006

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