(1)  During a transition period:

Terms Used In Utah Code 67-1b-106

  • 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. See Utah Code 67-1b-102
  • 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. See Utah Code 67-1b-102
  • Office of the Legislative Fiscal Analyst: means the office created in Section 36-12-13. See Utah Code 67-1b-102
  • 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. See Utah Code 67-1b-102
  • (a)  the governor-elect is entitled to participate in all executive branch budget meetings;

    (b)  subject to Title 63G, Chapter 2, Government Records Access and Management Act, the executive branch shall make records and information related to the preparation of the governor’s confidential draft proposed budget available to the governor-elect; and

    (c)  the incumbent governor shall consider any proposed additions or changes from the governor-elect in preparing the governor’s confidential draft proposed budget recommendations to be submitted to the Office of Legislative Fiscal Analyst in accordance with Section 63J-1-201.

    (2) 

    (a)  If the governor-elect proposes additions or changes to the governor that are not adopted by the governor in preparing the governor’s confidential draft proposed budget recommendations, the governor-elect may prepare confidential proposed additions or changes and submit them to the Office of the Legislative Fiscal Analyst concurrent with the governor’s confidential draft proposed budget recommendations.

    (b)  The Governor’s Office of Planning and Budget shall, at the request of the governor-elect, assist the governor-elect in preparing confidential proposed additions or changes to the incumbent governor’s draft proposed budget recommendations for submission to the Office of the Legislative Fiscal Analyst.

    (3) 

    (a)  After the incumbent governor’s confidential draft proposed budget recommendations are submitted to the Office of the Legislative Fiscal Analyst, the governor-elect is responsible for preparing the proposed budget to be submitted to the presiding officers of each house of the Legislature in accordance with Section 63J-1-201, and shall submit the proposed budget to the presiding officers of each house of the Legislature after assuming the office of governor.

    (b)  The executive branch shall provide the governor-elect with any assistance reasonably requested by the governor-elect to prepare the proposed budget to be submitted to the presiding officers of each house of the Legislature.

    (c)  A governor whose term ends following a transition period may not submit a proposed budget to the presiding officers of each house of the Legislature.

    Enacted by Chapter 394, 2021 General Session