Appointing the Chief Justice, GSL berm, election changes among possible topics for Special Session

SALT LAKE CITY (ABC4) — Nearly a dozen topics could be considered during an upcoming special session of the legislature that may take place in September, ABC4 has learned.

The Utah legislature will look to revive a vetoed bill from the 2025 legislative session that would have required the Governor to appoint the Chief Justice of the Utah Supreme Court with advice and consent from the Utah Senate, but this time, a chief justice would serve for 8 years before needing reappointment.

That bill, a proposal allowing changes to the berm of the Great Salt Lake, and some modifications to releasing sensitive election records are among at least 11 topics that ABC4 learned could be considered during an upcoming special session.

Several publicly available agendas have included bills to be reviewed for a “potential” upcoming special session, and, according to multiple legislative sources, House majority members received an email with at least 11 possible topics being considered. That email also told them to reserve the date of September 15 for a possible session.

“In his March veto letter, the governor identified issues he expects will be addressed in a special session. We continue to anticipate taking those up this fall, though the final list of issues is still being determined and the governor has not announced a definitive date,” said the Governor’s Director of Communications, Rob Carroll.

“With respect to the bill on appointing the chief justice, legislators have been working to address the governor’s concerns from the original proposal,” he said.

According to a draft of the legislation, the new bill will not only require the governor to appoint the chief justice, but it will also prohibit them from serving more than one term. That would also apply to the current Chief Justice, Matthew Durrant. Under current law, a majority vote of the justices appoints the chief justice, and that person serves a four-year term in the position.

This new proposed bill doubles the amount of time a chief justice would need reappointment from four years to eight years, while justices themselves serve 10-year terms.

Other possible special session topics

While neither the Governor nor the legislature would confirm topics or the date, the agendas for at least six respective committees each label the possible draft legislation as being considered for a possible special session. That, combined with the House email, gives clues into the nearly a dozen possible topics that could be considered.

“Committees will be hearing some pieces of draft legislation this week, which could be considered during a special session, but in no way is it a guarantee or comprehensive list,” said a spokesperson for the Utah House of Representatives.  

1. Judiciary Amendments: The committee will consider draft legislation for a potential special session that provides that the governor shall appoint, subject to Senate confirmation, a chief justice of the Utah Supreme Court when a vacancy occurs.
2. Property Manager Amendments: provides an exception to the requirement for a property manager to associate with a real estate trust account; changes the effective date
3. Election Records Amendments: Fixing “unintended consequences” from a signed bill that grants government officials the ability to view certain sensitive election records.
4. Higher Education Recodification – Title 53B pertains to the State System of Higher Education. It outlines the governance, powers, rights, and responsibilities of the institutions within the system.
5. County Governance Amendments: Addresses the districting of county council members in counties that use the county executive-council or the council-manager form of government.
6. Vehicle Assessment Amendments: HB 272 addresses vehicle emission testing requirements for diesel trucks weighing more than 14,000 pounds.
7. Prostitution technical fix – HB 38 dropped a coordinating clause inadvertently
8. Raising the Great Salt Lake Berm– House Speaker Mike Schultz has publicly signaled that he would like to provide DNR more flexibility to manage the berm as the lake struggles with its levels.
9. Approving funds from the Big, Beautiful, Bill – this would include funds for rural hospitals
10. Recodifying Title 17 – Title 17 outlines the organization of county government, including the roles of the County Executive, Legislative Body, and other officers.
11. Reviser bills – making technical changes to improve clarity and organization.