63K-1-102 - Definitions.
63K-1-102. Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,radio, or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare actionagainst the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department ofAgriculture and Food, the Alcoholic Beverage Control Commission, the Department ofCommerce, the Department of Community and Culture, the Department of Corrections, theDepartment of Environmental Quality, the Department of Financial Institutions, the Departmentof Health, the Department of Human Resource Management, the Department of WorkforceServices, the Labor Commission, the National Guard, the Department of Insurance, theDepartment of Natural Resources, the Department of Public Safety, the Public ServiceCommission, the Department of Human Services, the State Tax Commission, the Department ofTechnology Services, the Department of Transportation, any other major administrativesubdivisions of state government, the State Board of Education, the State Board of Regents, theUtah Housing Corporation, the Workers' Compensation Fund, the State Retirement Board, andeach institution of higher education within the system of higher education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage,social disruption, or injury or loss of life or property resulting from attack, internal disturbance,natural phenomenon, or technological hazard.
(5) "Division" means the Division of Homeland Security established in Title 53, Chapter2, Part 1, Homeland Security Act.
(6) "Emergency interim successor" means a person designated by this chapter to exercisethe powers and discharge the duties of an office when the person legally exercising the powersand duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing andoverseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which aredefined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office arebeing exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts,authorities, and other public corporations and entities whether organized and existing undercharter or general law.
(13) "Political subdivision officer" means a person holding an office in a politicalsubdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, andthe executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident,train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normalgovernmental operations, whether or not that absence or inability would give rise to a vacancyunder existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Amended by Chapter 334, 2010 General Session