S.B. 150

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 11, 2004 at 11:07 AM by smaeser. --> This document includes House Committee Amendments incorporated into the bill on Tue, Feb 17, 2004 at 1:57 PM by kholt. --> 1

JUDICIAL CONFIRMATION PROCESS
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: D. Chris Buttars
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to the information the Senate receives regarding
10 gubernatorial judicial appointees.
11 Highlighted Provisions:
12 This bill:
13 . requires the governor to provide the Senate Judicial Confirmation Committee with
14 the same information provided the governor by the Judicial Nominating
15 Commission;
16 . requires the governor to provide any letters received regarding the judicial appointee
17 unless the letter directs that it may not be shared; and
18 . establishes that the Senate Judicial Confirmation Committee may classify records it
19 receives from the governor as private in accordance with Section 63-3-302 .
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 67-1-2, as last amended by Chapter 196, Laws of Utah 1992
27

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House Committee Amendments 2-17-2004 kh/ecm

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Senate 3rd Reading Amendments 2-11-2004 sm/ecm 28

Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 67-1-2 is amended to read:
30 67-1-2. Sending list of gubernatorial nominees to Senate and to Office of
31 Legislative Research and General Counsel.
32 (1) Unless waived by a majority of the president of the Senate, the Senate majority
33 leader, and the Senate minority leader, 15 days before any Senate session to confirm any
34 gubernatorial [nominees,] nominee, except a judicial appointment, the governor shall send to
35 each member of the Senate and to the Office of Legislative Research and General Counsel:
36 (a) a list of each nominee for an office or position made by the governor in accordance
37 with the Utah Constitution and state law; and
38 (b) any information that may support or provide biographical information about the
39 nominee, including resumes and curriculum vitae.
40 (2) When the governor makes a judicial appointment, the governor shall immediately
41 provide to the president of the Senate and the Office of Legislative Research and General
42 Counsel:
43 (a) the name of the judicial appointee; and
44 (b) the judicial appointee's:
45 (i) resume;
46 (ii) complete file of all the application materials the governor received from the
47 Judicial Nominating Commission; and
48 (iii) any other related documents, including any letters received by the governor about
49 the appointee, unless the letter specifically directs that it may not be shared.
49a S (3) THE GOVERNOR SHALL INFORM THE PRESIDENT OF THE SENATE AND THE OFFICE OF
49b LEGISLATIVE RESEARCH AND GENERAL COUNSEL THE NUMBER OF LETTERS WITHHELD
49c PURSUANT SUBSECTION (2)(b)(iii).
50 [ (3) ] (4) s H [ Records ] (a) LETTERS OF INQUIRY SUBMITTED BY ANY JUDGE AT THE
50a REQUEST OF ANY JUDICIAL NOMINATING COMMISSION SHALL BE CLASSIFIED AS PRIVATE IN
50b ACCORDANCE WITH SECTION 63-2-302; AND
50c (b) ALL OTHER RECORDS h received S [ by the Senate Judicial Confirmation Committee ] s
50d from the
51 governor pursuant to this section may be classified as private in accordance with Section
52 63-2-302 .
53 [(2)] S [ (4) ] (5) s The Senate shall consent or refuse to give its consent to the nomination or
54 judicial appointment.

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Legislative Review Note
as of 1-27-04 4:55 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel