| (1) |
Terms Used In Utah Code 67-1-2- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Majority leader: see Floor Leaders
- Minority leader: See Floor Leaders
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
Except as provided in Subsection (3), at least 30 days before the day of an extraordinary session of the Senate to confirm a gubernatorial nominee, the governor shall send to each member of the Senate and to the Office of Legislative Research and General Counsel the following information for each nominee:
| (i) |
the nominee’s name and biographical information, including a resume and curriculum vitae with personal contact information, including home address, email address, and telephone number, redacted, except that the governor shall send to the Office of Legislative Research and General Counsel the contact information for the nominee; |
| (ii) |
a detailed list, with citations, of the legal requirements for the appointed position; |
| (iii) |
a detailed list with supporting documents explaining how, and verifying that, the nominee meets each statutory and constitutional requirement for the appointed position; |
| (iv) |
a written certification by the governor that the nominee satisfies all requirements for the appointment; and |
| (v) |
public comment information collected in accordance with Section 63G-24-204. |
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| (b) |
This Subsection (1) does not apply to a judicial appointee. |
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| (2) |
| (a) |
A majority of the president of the Senate, the Senate majority leader, and the Senate minority leader may waive the 30-day requirement described in Subsection (1) for a gubernatorial nominee other than a nominee for the following:
| (i) |
the executive director of a department; |
| (ii) |
the executive director of the Governor’s Office of Economic Opportunity; |
| (iii) |
the executive director of the Labor Commission; |
| (iv) |
a member of the State Tax Commission; |
| (v) |
a member of the State Board of Education; |
| (vi) |
a member of the Utah Board of Higher Education; or |
| (vii) |
an individual:
| (A) |
whose appointment requires the advice and consent of the Senate; and |
| (B) |
whom the governor designates as a member of the governor’s cabinet. |
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| (b) |
The Senate shall hold a confirmation hearing for a nominee for an individual described in Subsection (2)(a). |
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| (3) |
The governor shall:
| (a) |
if the governor is aware of an upcoming vacancy in a position that requires Senate confirmation, provide notice of the upcoming vacancy to the president of the Senate, the Senate minority leader, and the Office of Legislative Research and General Counsel at least 30 days before the day on which the vacancy occurs; and |
| (b) |
establish a process for government entities and other relevant organizations to provide input on gubernatorial appointments. |
|
| (4) |
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:
| (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 the letter may not be shared. |
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| (5) |
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 (4)(b)(iii). |
| (6) |
| (a) |
Letters of inquiry submitted by any judge at the request of any judicial nominating commission are classified as private in accordance with Section 63G-2-302. |
| (b) |
All other records received from the governor pursuant to this Subsection (6) may be classified as private in accordance with Section 63G-2-302. |
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| (7) |
The Senate shall consent or refuse to give the Senate’s consent to a nomination or judicial appointment. |
Amended by Chapter 250, 2023 General Session
