67-1b-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 2/27/2023

As used in this chapter:

(1)"Board of canvassers" means the state board of canvassers created in Section 20A-4-306 .

(a)"Executive branch" means:

(i)the governor, the governor's staff, and the governor's appointed advisors;

(ii)the lieutenant governor and lieutenant governor's staff;

(iii)cabinet level officials;

(iv)except as provided in Subsection (2)(b) , an agency, board, department, division, committee, commission, council, office, or other administrative subunit of the executive branch of state government;

(v)except as provided in Subsection (2)(b) , a cabinet officer, elected official, executive director, or board or commission vested with:

(A)policy making and oversight responsibility for a state executive branch agency; or

(B)authority to appoint and remove the director of a state executive branch agency;

(vi)executive ministerial officers;

(vii)each gubernatorial appointee to a state board, committee, commission, council, or authority;

(viii)each executive branch management position, as defined in Section 67-1-1.5 ;

(ix)each executive branch policy position, as defined in Section 67-1-1.5 ; and

(x)the military forces of the state.

(b)"Executive branch" does not include:

(i)the legislative branch;

(ii)the judicial branch;

(iii)the State Board of Education;

(iv)the Utah Board of Higher Education;

(v)institutions of higher education;

(vi)independent entities as defined in Section 63E-1-102 ;

(vii)elective constitutional offices of the executive department, including the state auditor, the state treasurer, and the attorney general;

(viii)a county, municipality, school district, special district, or special service district; or

(ix)an administrative subdivision of a county, municipality, school district, special district, or special service district.

(3)"Governor-elect" means, during a transition period, an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor, if that successful candidate is an individual other than the incumbent governor.

(4)"Governor-elect's staff" means:

(a)an individual that a governor-elect intends to nominate as a department head;

(b)an individual that a governor-elect intends to appoint to a key position in the executive branch;

(c)an individual hired by a governor-elect under Subsection 67-1b-105(1)(c) ; and

(d)any other individual expressly engaged by the governor-elect to assist with the governor-elect's transition into the office of governor.

(5)"Governor's Office of Planning and Budget" means the office created in Section 63J-4-201 .

(6)"Incoming gubernatorial administration" means a governor-elect, a governor-elect's staff, a lieutenant governor-elect, and a lieutenant governor-elect's staff.

(7)"Lieutenant governor-elect" means, during a transition period, an individual whom the board of canvassers determines to be the successful candidate for lieutenant governor after a general election for the office of lieutenant governor, if that successful candidate is an individual other than the incumbent lieutenant governor.

(8)"Lieutenant governor-elect's staff" means:

(a)an individual hired by a lieutenant governor-elect under Subsection 67-1b-105(1)(c) ; and

(b)any other individual expressly engaged by the lieutenant governor-elect to assist with the lieutenant governor-elect's transition into the office of lieutenant governor.

(9)"Office of the Legislative Fiscal Analyst" means the office created in Section 36-12-13 .

(10)"Record" means the same as that term is defined in Section 63G-2-103 .

(11)"Transition period" means the period of time beginning the day after the meeting of the board of canvassers under Section 20A-4-306 in a year in which the board of canvassers determines that the successful candidate for governor is an individual other than the incumbent governor, and ending on the first Monday of the next January.

Amended by Chapter 16 , 2023 General Session