53E-3-1318. Impeachment proceedings -- Cooperation with Legislature.
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Effective 5/6/2026
53E-3-1318. Impeachment proceedings -- Cooperation with Legislature.
(1)If the board recommends impeachment proceedings under Section 53E-3-1313 , the board shall:
(a)designate legal counsel to communicate with the Legislature regarding the recommendation;
(b)make available all public records from the ethics proceedings;
(c)authorize commission members and board members to testify before the Legislature if requested; and
(d)provide any additional information or assistance reasonably requested by the Legislature.
(2)If the House of Representatives votes to impeach a board member, or the Senate conducts an impeachment trial, all confidentiality provisions in this part are suspended to the extent necessary to provide the Legislature with access to relevant information, provided that:
(a)the Legislature shall maintain appropriate confidentiality for materials classified as private records under Section 63G-2-302 ; and
(b)the respondent's due process rights are protected.
(3)During any impeachment proceedings, the board may suspend the board member from:
(a)board leadership positions;
(b)committee assignments; and
(c)other discretionary appointments or assignments, but may not prevent the board member from attending meetings, participating in debate, or casting votes unless ordered by a court of competent jurisdiction.
(4)If a board member is impeached by the House of Representatives but not yet tried by the Senate, the board may request that the Senate expedite proceedings.
(5)This section does not limit the Legislature's constitutional authority to establish its own procedures for impeachment proceedings.
Enacted by Chapter 181 , 2026 General Session