reglab/statecodes huggingface dataset:
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 9 - Management of Range Resources › Section 3 - Authority of division to control noxious weeds, plant species, and insects.

65A-9-3.
Authority of division to control noxious weeds, plant species, and insects.
The division may enter into cooperative agreements with other public agencies and private landowners for the control of noxious weeds, new and invading plant species, insects, and disease infestations on state-owned and adjacent lands.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Section 1 - Authority of division to manage sovereign lands.

Effective 7/1/2023
65A-10-1.
Authority of division to manage sovereign lands.
(1) Subject to Title 73, Chapter 32, Great Salt Lake Commissioner Act, the division is the management authority for sovereign lands, and may exchange, sell, or lease sovereign lands but only in the quantities and for the purposes as serve the public interest and do not interfere with the public trust.
(2) Nothing in this section shall be construed as asserting state ownership of the beds of nonnavigable lakes, bays, rivers, or streams.
(3) A lease for the construction of a highway facility over sovereign lakebed lands shall comply with the requirements described in Subsection 65A-7-5(5).
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Section 2 - Recreational use of sovereign lands.

Effective 7/1/2022
65A-10-2.
Recreational use of sovereign lands.
(1) The division, with the approval of the executive director of the Department of Natural Resources and the governor, may set aside for public or recreational use any part of the lands claimed by the state as the beds of lakes or streams.
(2) Management of those lands may be delegated to the Division of State Parks, the Division of Outdoor Recreation, the Division of Wildlife Resources, or any other state agency.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Section 3 - Establishment of sovereign land boundaries.

65A-10-3.
Establishment of sovereign land boundaries.
(1) The division, after consultation with the attorney general and affected state agencies, shall develop plans for the resolution of disputes over the location of sovereign land boundaries.
(2) The division, after notice to affected state agencies and any person with an ownership interest in the land, may enter into agreements with owners of land adjoining navigable lakes and streams to establish sovereign land boundaries.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Part 2 - Great Salt Lake Management › Section 201 - Definitions.

Effective 5/3/2023
65A-10-201.
Definitions.
As used in this part:
(1) "Adaptive management berm" means a berm installed in the UP causeway breach to manage salinity to protect the ecosystem of Gilbert Bay.
(2) "Emergency trigger" means that the salinity levels of the Gilbert Bay of the Great Salt Lake do not satisfy the ecological conditions required for healthy brine shrimp and brine fly reproduction.
(3) "Healthy physical and ecological condition" means that the Gilbert Bay of the Great Salt Lake has sustained salinity levels that satisfy the ecological conditions required for healthy brine shrimp and brine fly reproduction.
(4) "UP causeway breach" means a breach in the 21-mile Union Pacific Railroad causeway across the Great Salt Lake that separates the Great Salt Lake into Gunnison Bay and Gilbert Bay.
Enacted by Chapter 208, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Part 2 - Great Salt Lake Management › Section 202 - Legislative findings.

Effective 5/3/2023
65A-10-202.
Legislative findings.
The Legislature finds that:
(1) under Section 65A-10-1 the division, as the manager of sovereign lands, has a duty to serve the public interest in managing the Great Salt Lake;
(2) the Great Salt Lake is a critical resource owned and managed by the state;
(3) the lake levels of the Great Salt Lake have reached historic lows, requiring action by the state to address significant risks and minimize dangers to protect the ecological integrity of the Great Salt Lake, the state's environment in general, and the welfare of the state's citizens; and
(4) the management of the Great Salt Lake under this part, especially if the emergency trigger is reached, is reasonable and necessary to serve important public purposes and no reasonable alternative meets the interests described in Subsection (3).
Enacted by Chapter 208, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Part 2 - Great Salt Lake Management › Section 204 - Emergency management responsibilities of the division.

Effective 5/3/2023
65A-10-204.
Emergency management responsibilities of the division.
(1) When the Great Salt Lake reaches the emergency trigger, the division:
(a) may construct, operate, modify, and maintain the adaptive management berm;
(b) may construct, operate, modify, and maintain one or more additional berms, dikes, structures, or management systems consistent with the authority granted in this title;
(c) may enter into agreements as necessary to provide for all or a portion of a berm, dike, system, or structure;
(d) is exempt from Title 63G, Chapter 6a, Utah Procurement Code, when acting to manage the Great Salt Lake under this section;
(e) is not liable for a third-party claim resulting from the division's actions to manage the Great Salt Lake under this section;
(f) may decline to issue a new permit, authorization, or agreement and may curtail mineral production for leases that contain provisions contemplating curtailment or similar contractual remedies;
(g) may implement mineral lease withdrawal over one or more of the following:
(i) portions of the Great Salt Lake;
(ii) specific methods of extraction; or
(iii) specific minerals; and
(h) may require the implementation of one or more of the following:
(i) extraction methods that are non-depletive in nature;
(ii) mitigation to offset depletion; or
(iii) innovative extraction technologies.
(2) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the procedures the division shall follow in taking an action described in Subsection (1).
Enacted by Chapter 208, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 10 - Management of Sovereign Lands › Part 2 - Great Salt Lake Management › Section 205 - Force majeure.

Effective 5/3/2023
65A-10-205.
Force majeure.
(1) For purposes of managing the Great Salt Lake, the division may treat the fact that the Great Salt Lake has reached the emergency trigger as a triggering event for the purposes of invoking a force majeure provision in a contract, mineral lease, or royalty agreement.
(2) In addition to the standard mechanisms whereby performance is excused by invocation of a force majeure provision, the division shall include language in a contract, mineral lease, or royalty agreement whereby the division may curtail or prohibit mineral production that results in a net depletion of water.
(3) The division shall allow an operator to continue processing brines that have already been extracted from the Great Salt Lake that are residing in the operator's process, and selling products derived from brines that have already been extracted at the time the force majeure is invoked.
(4) The division shall include standard mechanisms to promptly waive force majeure once salinity conditions improve by declining below the emergency trigger threshold.
(5) If the division invokes a force majeure provision in a contract, mineral lease, or royalty agreement, the effected operator is relieved from performance of any contractual provision requiring production to hold the contract, mineral lease, or royalty agreement for a maximum of two years. If the conditions creating the emergency trigger persist beyond a two-year period, the division shall terminate the contract, mineral lease, or royalty agreement and require the operator to engage in new contractual agreements whereby the operator represents and warrants that future operations will not amount to a net depletion of water.
Enacted by Chapter 208, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 11 - Flood Control and Prevention › Section 1 - Authority of division to control and prevent floods.

65A-11-1.
Authority of division to control and prevent floods.
(1) The division may authorize surveys of any state lands or other areas of the state for the purpose of controlling and preventing floods.
(2) If after a survey the division concludes that floods are likely to affect any state lands, and will endanger life, health, or property, then the division shall take action necessary to control or to prevent the occurrence of those floods.
(3) For the purpose of controlling and preventing floods, the division may cooperate with public and private entities.
(4) The division may authorize construction of necessary control works on a basis of equitable participation and for these purposes may acquire any additional lands, necessary for the control or the prevention of the floods, either by purchase, exchange, lease, condemnation, or gift.
(5) The division may transfer these lands to any existing agencies or agencies created to maintain prevention or control works.
(6) The division may cooperate with the federal government in acquiring watershed lands becoming barren and susceptible to flooding.
Repealed and Re-enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 12 - Lands Granted Under the Carey Act › Section 1 - Authority of division to manage lands granted under the Carey Act.

65A-12-1.
Authority of division to manage lands granted under the Carey Act.
The selection, management, and disposal of lands granted by Congress under the Carey Act is vested in the division, which is authorized to make rules and contracts necessary to carry out the provisions of this chapter.
Repealed and Re-enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 12 - Lands Granted Under the Carey Act › Section 2 - Reclamation Trust Fund -- Carey Act Expense Fund.

65A-12-2.
Reclamation Trust Fund -- Carey Act Expense Fund.
(1)
(a) All money received by the division from the sale of lands selected under this chapter shall be deposited with the state treasurer.
(b) Any sums necessary shall be available for the payment of the expenses of the division in carrying out the provisions of this chapter.
(2)
(a) Any balance remaining over and above the expenses necessary to carry out the provisions of this chapter shall constitute a trust fund to be used only for the reclamation of other arid lands.
(b)
(i) Until there is sufficient money in the Reclamation Trust Fund, the expenses of the division in carrying out the provisions of this chapter may be paid from a Carey Act Expense Fund to be appropriated by the Legislature.
(ii) The Division of Finance shall register claims paid out of the expense fund in the order of their presentation.
(c) Whenever, except as provided in this chapter, money in the reclamation trust fund equals a claim which has been paid out of the Carey Act Expense Fund, the Division of Finance shall draw a warrant on the reclamation fund to reimburse the state for sums that have been paid out of the Carey Act Expense Fund.
(3)
(a) The division shall draw by requisition on the Division of Finance the sums necessary to pay the United States in order to obtain patent to lands accepted in this chapter.
(b) The Division of Finance shall draw this warrant on the Reclamation Trust Fund giving precedence to sums to be paid to the United States over warrants to reimburse the state for expenses.
Renumbered and Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 12 - Lands Granted Under the Carey Act › Section 3 - Water rights to be appurtenant to land -- Lien for purchase price -- Foreclosure and redemption.

65A-12-3.
Water rights to be appurtenant to land -- Lien for purchase price -- Foreclosure and redemption.
(1)
(a) The water rights to all lands acquired under this chapter shall attach to and become appurtenant to the land as soon as the title passes from the United States to the state.
(b) Any person furnishing water for any tract of land so acquired shall have a first and prior lien on those water rights and land upon which the water is used for all deferred payments for such water rights.
(c) The lien is to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of the land.
(d) The lien shall remain in force and effect until the last deferred payment for the water rights is fully paid and settled according to the terms of the contract under which such water rights were acquired.
(2)
(a) The contract for the water rights upon which the lien is founded shall be recorded in the office of the county recorder of the county where the land is situated.
(b) Upon default of any deferred payments secured by any lien under this chapter, the person holding the lien may foreclose the lien according to the terms and conditions of the contract granting and selling to the settler the water rights.
(c) Foreclosure shall be in the manner in which mortgages are foreclosed in this state.
(d) The settler shall have the right, within one year from the date of foreclosure as provided in this section, to redeem the land and water rights, by payment of the sum of deferred payment with interest at not to exceed 12% per annum, with accrued cost of maintenance.
Renumbered and Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 1 - General Provisions › Section 102 - Definitions.

65A-14-102.
Definitions.
As used in this chapter:
(1)
(a) "Bioprospecting" means the removal from a natural environment for research or commercial use of:
(i) a naturally occurring microorganism, plant, or fungus; or
(ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties.
(b) "Bioprospecting" does not include:
(i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;
(ii) an agricultural enterprise;
(iii) a forest and range management practice;
(iv) invasive weed management;
(v) Christmas tree and related sales; or
(vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.
(2) "Nonfederal public land" means land in the state that:
(a) is not owned, controlled, or held in trust by the federal government; and
(b)
(i) is owned or controlled by:
(A) the state;
(B) a county, city, or town; or
(C) a governmental entity other than the federal government; or
(ii) is school and institutional trust lands, as defined in Section 53C-1-103.
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 1 - General Provisions › Section 103 - Scope of chapter.

65A-14-103.
Scope of chapter.
(1) This chapter does not modify or replace any other requirement under federal, state, or local law related to an act that under this chapter is considered bioprospecting, including any requirement to obtain the permission of a landowner.
(2) This chapter applies only to non-federal public land.
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 1 - General Provisions › Section 104 - Rulemaking.

65A-14-104.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules necessary to fulfill the purposes of this chapter.
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 2 - Registration for Bioprospecting › Section 201 - Registration for bioprospecting.

65A-14-201.
Registration for bioprospecting.
(1)
(a) On and after July 1, 2011, before engaging in an act of bioprospecting, a person shall register with the division.
(b) A registration under this chapter expires on June 30 of each year.
(2) To register with the division or renew a registration, a person shall:
(a) submit a registration form created by the division in accordance with Subsection (3); and
(b) pay a fee established by the division in accordance with Section 63J-1-504.
(3) The division shall create, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a registration form for purposes of this chapter that includes:
(a) notice of the state's reservation of economic interests provided in Section 65A-14-202;
(b) a statement to be signed by a person who registers that states that the person agrees to negotiate as described in Section 65A-14-202; and
(c) a requirement that the person lists the locations at which the person anticipates bioprospecting during the 12-month period of the registration.
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 2 - Registration for Bioprospecting › Section 202 - Reservation of economic interests -- Agreement to negotiate in good faith.

65A-14-202.
Reservation of economic interests -- Agreement to negotiate in good faith.
(1) The right of a person to engage in an act of bioprospecting in this state is subject to the state's reservation of any right the state may have to an economic benefit derived from:
(a) the act of bioprospecting;
(b) a microorganism, plant, or fungus removed from a natural environment in the state; or
(c) information concerning a microorganism's, plant's, or fungus' physical or genetic properties removed from a natural environment in the state.
(2) A person may not engage in an act of bioprospecting in this state if the person, as part of the registration required under Section 65A-14-201, does not agree in writing to negotiate in good faith with the state if the state asserts an economic interest described in Subsection (1).
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 14 - Utah Bioprospecting Act › Part 3 - Penalties › Section 301 - Economic benefits of bioprospecting denied.

65A-14-301.
Economic benefits of bioprospecting denied.
(1) A person who engages in an act of bioprospecting in violation of this chapter is guilty of criminal trespass punishable in accordance with Section 76-6-206.
(2) If found guilty of a violation under this chapter, a court may in addition to a penalty imposed under Section 76-6-206, order restitution that is proportional to the economic interests the state may have under Section 65A-14-202.
Enacted by Chapter 21, 2010 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 15 - Utah Lake Restoration Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/8/2018
65A-15-102.
Definitions.
As used in this chapter:
(1) "Restoration project" means a project for the comprehensive restoration of Utah Lake, as provided in this chapter.
(2) "Restoration proposal" means a proposal submitted to the division for a restoration project.
Enacted by Chapter 381, 2018 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 15 - Utah Lake Restoration Act › Part 1 - General Provisions › Section 103 - Legislative findings.

Effective 5/8/2018
65A-15-103.
Legislative findings.
The Legislature finds that:
(1) Utah Lake currently faces serious challenges, including:
(a) fluctuating lake levels;
(b) uncontrolled, toxic algal blooms;
(c) loss of native vegetation;
(d) invasive fish and plant species;
(e) loss of littoral zone plants;
(f) suspended silt on the lake bottom;
(g) poor water clarity;
(h) heavy nutrient loading of lake sediments and within the water column; and
(i) high wind and wave action;
(2) initial conservation efforts are producing measurable results and demonstrate that conservation solutions can produce restoration objective on Utah Lake;
(3) additional and significant conservation investments are needed to implement the comprehensive solutions needed to fully restore Utah Lake and its water quality;
(4) there is not a reasonable public funding source to undertake the comprehensive solutions needed to restore Utah Lake; and
(5) it is in the interest of the state to undertake a comprehensive restoration of Utah Lake for the benefit of public trust uses on the lake.
Enacted by Chapter 381, 2018 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 15 - Utah Lake Restoration Act › Part 2 - Utah Lake Restoration Project › Section 202 - Status of state lands after a change in ownership.

Effective 5/8/2018
65A-15-202.
Status of state lands after a change in ownership.
Once the division transfers ownership of state land to a private party in exchange for and in furtherance of a restoration project, the land becomes subject to, as applicable:
(1)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act; or
(2)Title 17, Chapter 27a, County Land Use, Development, and Management Act.
Enacted by Chapter 381, 2018 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 16 - Great Salt Lake Watershed Enhancement Program › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2023
65A-16-101.
Definitions.
As used in this chapter:
(1) "Commissioner" means the Great Salt Lake commissioner appointed under Section 73-32-201.
(2) "Conservation organization" means an institution, corporation, foundation, or association that is:
(a) private;
(b) nonprofit; and
(c) founded for the purpose of promoting conservation of natural resources.
(3) "Council" means the Great Salt Lake Advisory Council created in Section 73-32-302.
(4) "Division" means the Division of Forestry, Fire, and State Lands.
(5) "Eligible applicant" means two or more conservation organizations that submit a joint grant application to the division under Section 65A-16-201 and meet the criteria listed in Subsection 65A-16-201(3)(a).
(6) "Grant money" means money awarded to an eligible applicant pursuant to this chapter.
(7) "Grantee" means an eligible applicant that receives a grant authorized under this chapter.
(8) "Great Salt Lake watershed" means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed.
(9) "Program" means the Great Salt Lake Watershed Enhancement Program created under Section 65A-16-201.
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 16 - Great Salt Lake Watershed Enhancement Program › Part 1 - General Provisions › Section 102 - Rulemaking.

Effective 3/21/2022
65A-16-102.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Subsection 65A-16-201(5)(c), the division may make rules to administer the program in accordance with this chapter.
Enacted by Chapter 78, 2022 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 16 - Great Salt Lake Watershed Enhancement Program › Part 2 - Program Established › Section 202 - Oversight.

Effective 7/1/2023
65A-16-202.
Oversight.
(1)
(a) The division shall oversee whether a grantee and the water trust that the grantee establishes comply with this chapter.
(b) In overseeing a grantee under this chapter, the division shall consult with the commissioner.
(2)
(a) The division, in consultation with the council and the Division of Water Quality, shall establish by rule made in accordance with Section 65A-16-102, interventions for a grantee or water trust that fails to comply with this chapter.
(b) The rules establishing interventions under Subsection (2)(a) shall include, among other actions, requiring the grantee or water trust to return unexpended grant money to the division for failure to comply with this chapter.
(3) This section may not be construed as limiting the state auditor's enforcement authority under Section 51-2a-201.5.
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 16 - Great Salt Lake Watershed Enhancement Program › Part 2 - Program Established › Section 203 - Grantee requirements.

Effective 3/21/2022
65A-16-203.
Grantee requirements.
A grantee that receives grant money under this chapter shall:
(1) comply with Section 51-2a-201.5, Subsection 63J-1-220(2), and other applicable laws, regulations, ordinances, or rules; and
(2) use grant money to carry out the objectives of Subsection 65A-16-201(1) and to operate the water trust in a manner required by Section 65A-16-301, provided that this chapter may not be construed as limiting the grantee's ability to obtain funding from other public and private sources to assist in the establishment, operation, and administration of the water trust.
Enacted by Chapter 78, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 1 - General powers and duties.

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.
Amended by Chapter 38, 1993 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 3 - Removal of gubernatorial appointee.

Effective 5/12/2020
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 the advice and 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.
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 4 - Records to be kept.

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.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 5 - Commissioning officers.

Effective 5/12/2020
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 advice and consent of the Senate.
Amended by Chapter 373, 2020 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 6 - Acting governor -- Powers and duties.

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.
No Change Since 1953
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 9 - Governor's residence -- Sources of funds.

Effective 5/5/2021
67-1-9.
Governor's residence -- Sources of funds.
(1) The Kearns' mansion shall be the official residence of the governor.
(2) The Division of Facilities Construction and Management 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.
Amended by Chapter 209, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 11 - Gender balance in appointing board members.

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.
Enacted by Chapter 302, 1992 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1 - Governor › Section 15 - Approval of international trade agreement -- Consultation with Utah International Relations and Trade Commission.

Affected by 63I-1-267 on 12/31/2027
Effective 5/9/2017
67-1-15.
Approval of international trade agreement -- Consultation with Utah International Relations and 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 Relations and Trade Commission.
Amended by Chapter 181, 2017 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 1 - Intent of Legislature.

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.
Amended by Chapter 9, 2001 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 2.2 - Residences in more than one district -- Lieutenant governor to resolve.

Effective 7/1/2021
67-1a-2.2.
Residences in more than one district -- Lieutenant governor to resolve.
(1) If, in reviewing a map generated from a redistricting block assignment file, the lieutenant governor determines that a single-family or multi-family residence is within more than one Congressional, Senate, House, or State Board of Education district, the lieutenant governor may, by January 31, 2012, and in consultation with the Utah Geospatial Resource Center, determine the district to which the residence is assigned.
(2) In order to make the determination required by Subsection (1), the lieutenant governor shall review the block assignment file and other Bureau of the Census data and obtain and review other relevant data such as aerial photography or other data about the area.
(3) Upon making the determination authorized by this section, the lieutenant governor shall notify county clerks affected by the determination and the Utah Geospatial Resource Center created under Section 63A-16-505.
Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 2.5 - Fees of lieutenant governor.

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 63J-1-504 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 the member or officer's office or for a certified copy of any law or resolution relative to the member or officer's official duties passed by the Legislature.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 3 - Employment of personnel.

Effective 3/3/2022
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 the lieutenant governor's office.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 5 - Budget proposal.

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.
Amended by Chapter 21, 1985 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 6 - Designation as secretary of state -- Duties.

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.
Enacted by Chapter 68, 1984 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 6.7 - Certification of local entity name change.

67-1a-6.7.
Certification of local entity name change.
(1) As used in this section:
(a) "Approving authority" means the person or body authorized under statute to approve the local entity's name change.
(b) "Center" has the same meaning as defined in Section 67-1a-6.5.
(c) "Certificate of name change" means a certificate issued by the lieutenant governor certifying a local entity's change of name.
(d) "Local entity" has the same meaning as defined in Section 67-1a-6.5.
(e) "Notice of an impending name change" means a notice, as described in Subsection (3), that provides notice of a local entity's impending name change.
(2) Within 10 days after receiving a notice of an impending name change, the lieutenant governor shall:
(a) issue a certificate of name change;
(b) send the certificate of name change to the approving authority of the local entity whose name is being changed; and
(c) send a copy of the certificate of name change to:
(i) the State Tax Commission;
(ii) the state auditor;
(iii) the center; and
(iv) the county assessor, county surveyor, county auditor, and county attorney of each county in which any part of the local entity is located.
(3) Each notice of an impending name change shall:
(a) be directed to the lieutenant governor;
(b) contain the current name of the local entity;
(c) state the name to which the local entity intends to change;
(d) identify each county in which any part of the local entity is located; and
(e) contain a statement, signed and verified by the approving authority, certifying that all requirements applicable to the name change have been met.
(4)
(a) The lieutenant governor shall:
(i) keep, index, maintain, and make available to the public each notice of an impending name change, certificate of a name change, and other document that the lieutenant governor receives or generates under this section;
(ii) make a copy of each document listed in Subsection (4)(a)(i) available on the Internet for 12 months after the lieutenant governor receives or generates the document;
(iii) furnish a paper copy of any of the documents listed in Subsection (4)(a)(i) to any person who requests a paper copy; and
(iv) furnish a certified copy of any of the documents listed in Subsection (4)(a)(i) to any person who requests a certified copy.
(b) The lieutenant governor may charge a reasonable fee for a paper copy or certified copy of a document that the lieutenant governor provides under this Subsection (4).
Enacted by Chapter 350, 2009 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 7 - Use and custody of great seal.

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.
Enacted by Chapter 68, 1984 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 8 - Form and contents of great seal.

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.
Enacted by Chapter 68, 1984 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 12 - Authority to administer oaths.

67-1a-12.
Authority to administer oaths.
The lieutenant governor and personnel employed under Section 67-1a-3, who are designated by the lieutenant governor, may administer oaths when necessary in the performance of official duties.
Enacted by Chapter 5, 2008 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1a - Lieutenant Governor › Section 13 - Certification restrictions.

67-1a-13.
Certification restrictions.
The lieutenant governor may not certify a signature of a notary or county recorder on:
(1) a document that is not properly notarized, if notarization is required; or
(2) a document regarding:
(a) allegiance to a government or jurisdiction;
(b) sovereignty;
(c) in itinere status or world service authority; or
(d) a claim similar to a claim listed in Subsections (2)(a) through (c).
Enacted by Chapter 333, 2010 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1b - Transition to New Gubernatorial Administration › Section 103 - Applicability.

Effective 5/5/2021
67-1b-103.
Applicability.
(1) Except as otherwise provided, this chapter applies when there is a transition from the administration of one governor to the administration of the next governor following a regular general election at which a new governor is elected.
(2) Except as otherwise provided, this chapter does not apply:
(a) to a transition from the administration of one governor to the administration of another governor due to a vacancy in the office of governor under Utah Constitution, Article VII, Section 11; or
(b) if the successful candidate for governor is the incumbent governor.
Enacted by Chapter 394, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1b - Transition to New Gubernatorial Administration › Section 104 - Duties during transition period.

Effective 5/5/2021
67-1b-104.
Duties during transition period.
(1) During a transition period, the executive branch shall:
(a) provide any lawful assistance that the incoming gubernatorial administration may reasonably request related to the transition between gubernatorial administrations; and
(b) take reasonable steps to:
(i) avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
(ii) facilitate an efficient transition between gubernatorial administrations.
(2) During a transition period, the incoming gubernatorial administration shall take reasonable steps to:
(a) avoid or minimize disruptions that might be occasioned by a transition between gubernatorial administrations; and
(b) facilitate an efficient transition between gubernatorial administrations.
(3)
(a) During a transition period, the executive branch shall timely provide a governor-elect, upon the governor-elect's request, with all records and information from the executive branch upon any subject relating to the executive branch's condition, expenditures, expenses, management, operations, personnel, and receipts.
(b) For a record requested by a governor-elect under Subsection (3)(a) that is classified as private or protected under Title 63G, Chapter 2, Government Records Access and Management Act, there is a rebuttable presumption that disclosure of the record to the governor-elect meets the conditions for disclosure under Subsection 63G-2-201(5).
(c) A governor-elect who receives records under this Subsection (3) is subject to the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, governing the use and disclosure of records.
(d) The disclosure of a record that is classified as private or protected to a governor-elect does not affect the classification of that record under Title 63G, Chapter 2, Government Records Access and Management Act.
Enacted by Chapter 394, 2021 General Session
2023 Utah Code › Title 67 - State Officers and Employees › Chapter 1b - Transition to New Gubernatorial Administration › Section 105 - Appropriations.

Effective 5/5/2021
67-1b-105.
Appropriations.
(1)
(a) There is created a restricted account in the General Fund known as the "Gubernatorial Transition Account."
(b) The account created in Subsection (1)(a) shall be funded by appropriations made to the account by the Legislature.
(c) The Department of Government Operations shall administer the Gubernatorial Transition Account and shall make money in the Gubernatorial Transition Account available to an incoming gubernatorial administration to use for expenses reasonably related to fulfilling the incoming gubernatorial administration's duties under Subsection 67-1b-104(2), including:
(i) office space;
(ii) fixtures, furniture, office supplies, office machines, equipment, or information and communication systems used in the office space described in Subsection (1)(c)(i);
(iii) mobile computing devices, including mobile phones, tablet computers, or laptop computers used by the incoming gubernatorial administration; or
(iv) hiring employees to assist with transition efforts.
(d) Interest or other earnings derived from the Gubernatorial Transition Account shall be deposited in the General Fund.
(2) Any unexpended balance of an appropriation made under this section is nonlapsing.
Enacted by Chapter 394, 2021 General Session