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S.B. 13

             1     

PER DIEM AND TRAVEL MODIFICATIONS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Peter C. Knudson

             5     
House Sponsor: Kraig Powell

             6     
             7      LONG TITLE
             8      Committee Note:
             9          The Government Operations and Political Subdivisions Interim Committee
             10      recommended this bill.
             11      General Description:
             12          This bill modifies per diem and travel expense provisions used for authorities, boards,
             13      commissions, councils, and committees.
             14      Highlighted Provisions:
             15          This bill:
             16          .    defines terms;
             17          .    replaces language used to describe per diem and travel expenses for members of
             18      certain authorities, commissions, and councils with standardized language
             19      referencing primary provisions for per diem and travel expenses;
             20          .    modifies provisions regarding per diem and travel expenses; and
             21          .    makes technical changes.
             22      Money Appropriated in this Bill:
             23          None
             24      Other Special Clauses:
             25          This bill provides an effective date.
             26      Utah Code Sections Affected:
             27      AMENDS:

             28          9-3-502, as enacted by Laws of Utah 2010, Chapter 364
             29          9-3-602, as enacted by Laws of Utah 2010, Chapter 152
             30          32B-2-201 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
             31          63A-3-106, as last amended by Laws of Utah 2009, Chapter 25
             32          63A-3-107, as last amended by Laws of Utah 2009, Chapter 25
             33          73-30-201, as enacted by Laws of Utah 2010, Chapter 141
             34     
             35      Be it enacted by the Legislature of the state of Utah:
             36          Section 1. Section 9-3-502 is amended to read:
             37           9-3-502. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
             38      expenses.
             39          (1) There is created an independent state agency and a body politic and corporate
             40      known as the "Heber Valley Historic Railroad Authority."
             41          (2) The authority shall be composed of eight members as follows:
             42          (a) one member of the county legislative body of Wasatch County;
             43          (b) the mayor of Heber City;
             44          (c) the mayor of Midway;
             45          (d) the executive director of the Department of Transportation or the executive
             46      director's designee;
             47          (e) the executive director of Parks and Recreation, or the executive director's designee;
             48          (f) three public members appointed by the governor with the consent of the Senate,
             49      being private citizens of the state, as follows:
             50          (i) two people representing the tourism industry, one each from Wasatch and Utah
             51      counties; and
             52          (ii) one person representing the public at large.
             53          (3) All members shall be residents of the state.
             54          (4) (a) Except as required by Subsection (4)(b), the three public members shall be
             55      appointed for four-year terms beginning July 1, 2010.
             56          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             57      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             58      authority members are staggered so that approximately half of the authority is appointed every

             59      two years.
             60          (5) Any of the three public members may be removed from office by the governor or
             61      for cause by an affirmative vote of any four members of the authority.
             62          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             63      appointed for the unexpired term by the governor with consent of the Senate for the unexpired
             64      term.
             65          (7) Each public member shall hold office for the term of appointment and until a
             66      successor has been appointed and qualified.
             67          (8) Any public member is eligible for reappointment, but may not serve more than two
             68      full consecutive terms.
             69          (9) The governor shall appoint the chair of the authority from among its members.
             70          (10) The members shall elect from among their number a vice chair and other officers
             71      they may determine.
             72          (11) The powers of the authority shall be vested in its members.
             73          (12) Four members constitute a quorum for transaction of authority business. An
             74      affirmative vote of at least four members is necessary for any action to be taken by the
             75      authority.
             76          [(13) (a) (i) Members who are not government employees shall receive no
             77      compensation or benefits for their services, but may receive per diem and expenses incurred in
             78      the performance of the member's official duties at the rates established by the Division of
             79      Finance under Sections 63A-3-106 and 63A-3-107 .]
             80          [(ii) Members may decline to receive per diem and expenses for their service.]
             81          [(b) (i) State government officer and employee members who do not receive salary, per
             82      diem, or expenses from their agency for their service may receive per diem and expenses
             83      incurred in the performance of their official duties from the authority at the rates established by
             84      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             85          [(ii) State government officer and employee members may decline to receive per diem
             86      and expenses for their service.]
             87          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             88      from the entity that they represent for their service may receive per diem and expenses incurred
             89      in the performance of their official duties at the rates established by the Division of Finance

             90      under Sections 63A-3-106 and 63A-3-107 .]
             91          [(ii) Local government members may decline to receive per diem and expenses for
             92      their service.]
             93          (13) A member may not receive compensation or benefits for the member's service, but
             94      may receive per diem and travel expenses in accordance with:
             95          (a) Section 63A-3-106 ;
             96          (b) Section 63A-3-107 ; and
             97          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             98      63A-3-107 .
             99          Section 2. Section 9-3-602 is amended to read:
             100           9-3-602. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
             101      expenses.
             102          (1) There is created an independent body politic and corporate known as the "Utah
             103      State Railroad Museum Authority," hereafter referred to in this part as "the authority."
             104          (2) The authority is composed of 11 members as follows:
             105          (a) one member of the county legislative body of Weber County appointed by that
             106      legislative body;
             107          (b) two members of the county legislative body of Box Elder County appointed by that
             108      legislative body;
             109          (c) the executive director of the Department of Transportation or the director's
             110      designee; and
             111          (d) seven public members appointed by the governor, as follows:
             112          (i) two individuals representing the tourism industry, one each from Weber and Box
             113      Elder Counties;
             114          (ii) one individual representing the public at large; and
             115          (iii) four individuals representing railroad historic and heritage preservation
             116      organizations active in Weber and Box Elder Counties, as follows:
             117          (A) one individual representing the Railroad and Locomotive Historical Society
             118      Golden Spike Chapter;
             119          (B) one individual representing the Golden Spike Heritage Foundation;
             120          (C) one individual representing the Golden Spike Association; and

             121          (D) one individual representing the Corinne Historical Society.
             122          (3) All members shall be residents of the state.
             123          (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the seven
             124      public members for four-year terms beginning July 1.
             125          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             126      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             127      authority members appointed under Subsection (2)(d) are staggered so that approximately
             128      one-half of the seven public members are appointed every two years.
             129          (5) Any of the seven public members may be removed from office by the governor or
             130      for cause by an affirmative vote of six members of the authority.
             131          (6) When a vacancy occurs in the public membership for any reason, the governor shall
             132      appoint a replacement for the unexpired term.
             133          (7) Each public member shall hold office for the term of the member's appointment and
             134      until a successor has been appointed and qualified.
             135          (8) A public member is eligible for reappointment, but may not serve more than two
             136      full consecutive terms.
             137          (9) The governor shall appoint the chair of the authority from among its members.
             138          (10) (a) The members shall elect from among their membership a vice chair and other
             139      officers as they may determine.
             140          (b) The officers serve as the executive committee for the authority.
             141          (11) The powers of the authority are vested in its members.
             142          (12) (a) Six members constitute a quorum for transaction of authority business.
             143          (b) An affirmative vote of at least six members is necessary for an action to be taken
             144      by the authority.
             145          [(13) (a) A member who is not a government employee receives no compensation or
             146      benefits for the member's services, but may receive per diem and expenses incurred in the
             147      performance of the member's official duties at rates established by the Division of Finance
             148      under Sections 63A-3-106 and 63A-3-107 .]
             149          [(b) A state government officer or employee member who does not receive salary, per
             150      diem, or expenses from the member's agency for the member's service may receive per diem
             151      and expenses incurred in the performance of official duties from the authority at rates

             152      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             153          [(c) A local government member who does not receive salary, per diem, or expenses
             154      for the member's service from the entity that the member represents may receive per diem and
             155      expenses incurred in the performance of the member's official duties at rates established by the
             156      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             157          [(d) A member may decline to receive per diem and expenses for the member's
             158      services.]
             159          (13) A member may not receive compensation or benefits for the member's service, but
             160      may receive per diem and travel expenses in accordance with:
             161          (a) Section 63A-3-106 ;
             162          (b) Section 63A-3-107 ; and
             163          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             164      63A-3-107 .
             165          Section 3. Section 32B-2-201 (Effective 07/01/11) is amended to read:
             166           32B-2-201 (Effective 07/01/11). Alcoholic Beverage Control Commission created.
             167          (1) There is created the "Alcoholic Beverage Control Commission." The commission is
             168      the governing board over the department.
             169          (2) (a) The commission is composed of five part-time commissioners appointed by the
             170      governor with the consent of the Senate.
             171          (b) No more than three commissioners may be of the same political party.
             172          (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
             173      governor shall appoint each new commissioner or reappointed commissioner to a four-year
             174      term.
             175          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             176      time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
             177      more than two commissioners expire in a fiscal year.
             178          (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
             179      appoint a replacement for the unexpired term with the consent of the Senate.
             180          (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
             181      the commission after the expiration of a term until a successor is appointed by the governor,
             182      with the consent of the Senate.

             183          (5) A commissioner shall take the oath of office.
             184          (6) (a) The governor may remove a commissioner from the commission for cause after
             185      a public hearing conducted by:
             186          (i) the governor; or
             187          (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
             188          (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
             189      shall provide the commissioner notice of:
             190          (i) the date, time, and place of the hearing; and
             191          (ii) the alleged grounds for the removal.
             192          (c) The commissioner shall have an opportunity to:
             193          (i) attend the hearing;
             194          (ii) present witnesses and other evidence; and
             195          (iii) confront and cross examine witnesses.
             196          (d) After a hearing under this Subsection (6):
             197          (i) the person conducting the hearing shall prepare written findings of fact and
             198      conclusions of law; and
             199          (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
             200      commissioner.
             201          (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
             202      examiner shall issue a written recommendation to the governor in addition to complying with
             203      Subsection (6)(d).
             204          (f) A commissioner has five days from the day on which the commissioner receives the
             205      findings and conclusions described in Subsection (6)(d) to file written objections to the
             206      recommendation before the governor issues a final order.
             207          (g) The governor shall:
             208          (i) issue the final order under this Subsection (6) in writing; and
             209          (ii) serve the final order upon the commissioner.
             210          [(7) (a) A commissioner may not receive compensation or benefits for the
             211      commissioner's service, but may receive per diem and expenses incurred in the performance of
             212      the commissioner's official duties at the rates established by the Division of Finance under
             213      Sections 63A-3-106 and 63A-3-107 .]

             214          [(b) A commissioner may decline to receive per diem and expenses for the
             215      commissioner's service.]
             216          (7) A commissioner may not receive compensation or benefits for the commissioner's
             217      service, but may receive per diem and travel expenses in accordance with:
             218          (a) Section 63A-3-106 ;
             219          (b) Section 63A-3-107 ; and
             220          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             221      63A-3-107 .
             222          (8) (a) (i) The commission shall elect:
             223          (A) one commissioner to serve as chair;
             224          (B) another commissioner to serve as vice chair; and
             225          (C) other commission officers as the commission considers advisable.
             226          (ii) A commissioner shall serve in the office to which the commissioner is elected
             227      under Subsection (8)(a)(i) at the pleasure of the commission.
             228          (b) Each commissioner has equal voting rights on a commission matter when in
             229      attendance at a commission meeting.
             230          (c) Three commissioners is a quorum for conducting commission business.
             231          (d) A majority vote of the quorum present at a meeting is required for the commission
             232      to act.
             233          (9) (a) The commission shall meet at least monthly, but may hold other meetings at
             234      times and places as scheduled by:
             235          (i) the commission;
             236          (ii) the chair; or
             237          (iii) three commissioners upon filing a written request for a meeting with the chair.
             238          (b) Notice of the time and place of a commission meeting shall be given to each
             239      commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
             240      Meetings Act. A commission meeting is open to the public, except for a commission meeting
             241      or portion of a commission meeting that is closed by the commission as authorized by Sections
             242      52-4-204 and 52-4-205 .
             243          Section 4. Section 63A-3-106 is amended to read:
             244           63A-3-106. Per diem rates for board members.

             245          (1) As used in this section and Section 63A-3-107 :
             246          (a) "Board" means a board, commission, council, committee, task force, or similar
             247      body established to perform a governmental function.
             248          (b) "Board member" means a person appointed or designated by statute to serve on a
             249      board.
             250          [(b)] (c) "Executive branch" means [all departments, divisions, agencies, boards, and
             251      offices] a department, division, agency, board, or office within the executive branch of state
             252      government.
             253          [(c)] (d) "Governmental entity" has the same meaning as provided under Section
             254      63G-2-103 .
             255          [(d)] (e) "Higher education" means a state institution of higher education, as defined
             256      under Section 53B-1-102 .
             257          [(e)] (f) "Officer" means [a member of a board or] a person who is elected or appointed
             258      to an office or position within a governmental entity.
             259          (g) "Official meeting" means a meeting of a board that is called in accordance with
             260      statute.
             261          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
             262      subject to approval by the executive director, the director of the Division of Finance shall make
             263      rules establishing per diem rates to defray subsistence costs for a board member's attendance at
             264      an official meeting [of a board of which the officer or employee is a member].
             265          (3) Unless otherwise provided by statute, a per diem rate established under Subsection
             266      (2) is applicable to a board member who serves:
             267          (a) [is applicable to an officer or employee of] within the executive branch, except as
             268      provided under Subsection (3)(b);
             269          (b) [is applicable to an officer or employee of] within higher education, unless higher
             270      education pays the costs of the per diem; [and]
             271          (c) on a board that is:
             272          (i) not included under Subsection (3)(a) or (b); and
             273          (ii) created by a statute that adopts the per diem rates by reference to:
             274          (A) this section; and
             275          (B) the rule authorized by this section; and

             276          [(c) may be applicable to an officer or employee of]
             277          (d) within a government entity that is not included under Subsection (3)(a), if the
             278      government entity adopts the per diem rates by reference to:
             279          (i) this section; or
             280          (ii) the rule establishing the per diem rates.
             281          (4) (a) Unless otherwise provided by statute, a board member [of a board] may receive
             282      per diem under this section and travel expenses under Section 63A-3-107 [when] if the per
             283      diem and travel expenses are incurred by the board member for attendance at an official
             284      meeting [of a board].
             285          (b) Notwithstanding [the provisions of] Subsection (4)(a), a board member may not
             286      receive per diem or travel expenses under this Subsection (4) if the board member is being paid
             287      [as an officer or employee of] by a governmental entity while performing the board member's
             288      service on the board.
             289          (5) A board member [of a board] may decline to receive per diem for the board
             290      member's service.
             291          Section 5. Section 63A-3-107 is amended to read:
             292           63A-3-107. Travel expenses of board members and state officers and employees.
             293          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
             294      subject to approval by the executive director, the director of the Division of Finance shall make
             295      rules governing in-state and out-of-state travel expenses.
             296          (2) Unless otherwise provided by statute, a travel expense rule established under
             297      Subsection (1) is applicable to:
             298          (a) [is applicable to] a board member, an officer, or employee of the executive branch,
             299      except as provided under Subsection (2)(b);
             300          (b) [is applicable to] a board member, an officer, or employee of higher education,
             301      unless higher education pays the costs of the travel expenses; [and]
             302          [(c) may be applicable to]
             303          (c) a board member who:
             304          (i) is not included under Subsection (2)(a) or (b); and
             305          (ii) serves on a board created by a statute that adopts the travel expense rates by
             306      reference to:

             307          (A) this section; and
             308          (B) the rule authorized by this section; and
             309          (d) a government entity that is not included under Subsection (2)(a), if the government
             310      entity adopts the travel expense provisions by reference to:
             311          (i) this section; or
             312          (ii) the rule establishing the travel expense provisions.
             313          (3) The Division of Finance shall make the travel expense rules on the basis of:
             314          (a) a mileage allowance; and
             315          (b) reimbursement for other travel expenses incurred.
             316          (4) The travel expense rules may specify an exception to a travel expense rule or allow
             317      [modification] the director of the Division of Finance to make an exception to a travel expense
             318      rule, when justified by the executive director of the executive branch agency or department, to
             319      meet special circumstances encountered in official attendance at a conference, convention,
             320      meeting, or other official business, as determined by the director of the Division of Finance.
             321          (5) [(a)] An officer or employee of the executive branch may not incur obligations for
             322      travel outside [Utah] the state without the advance approval [of the director of the Division of
             323      Finance. (b) The director of the Division of Finance may delegate the authority to approve
             324      travel outside the state to an] of the executive director or a designee of the executive director of
             325      [a state] an executive branch department or agency.
             326          [(c) The approval under Subsection (5)(a) or (b), shall include a certification as to the
             327      availability of funds.]
             328          (6) A board member [of a board] may decline to receive travel expenses for the board
             329      member's service.
             330          Section 6. Section 73-30-201 is amended to read:
             331           73-30-201. Advisory council created -- Staffing.
             332          (1) There is created an advisory council known as the "Great Salt Lake Advisory
             333      Council" consisting of 11 members listed in Subsection (2).
             334          (2) (a) The governor shall appoint the following members, with the consent of the
             335      Senate:
             336          (i) one representative of industry representing the extractive industry;
             337          (ii) one representative of industry representing aquaculture;

             338          (iii) one representative of conservation interests;
             339          (iv) one representative of a migratory bird protection area as defined in Section
             340      23-28-102 ;
             341          (v) one representative who is an elected official from municipal government, or the
             342      elected official's designee;
             343          (vi) five representatives who are elected officials from county government, or the
             344      elected official's designee, one each representing:
             345          (A) Box Elder County;
             346          (B) Davis County;
             347          (C) Salt Lake County;
             348          (D) Tooele County; and
             349          (E) Weber County; and
             350          (vii) one representative of a publicly owned treatment works.
             351          (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
             352      term.
             353          (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
             354      the governor shall adjust the length of terms of voting members to ensure that the terms of
             355      council members are staggered so that approximately half of the council is appointed every two
             356      years.
             357          (c) When a vacancy occurs in the membership for any reason, the governor shall
             358      appoint a replacement for the unexpired term with the consent of the Senate.
             359          (d) A member shall hold office until the member's successor is appointed and qualified.
             360          (4) The council shall determine:
             361          (a) the time and place of meetings; and
             362          (b) any other procedural matter not specified in this chapter.
             363          (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
             364          (b) A vote of the majority of the members present at a meeting when a quorum is
             365      present constitutes an action of the council.
             366          [(6) (a) (i) A member who is not a government employee may not receive
             367      compensation or benefits for the member's services, but may receive per diem and expenses
             368      incurred in the performance of the member's official duties at the rates established by the

             369      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             370          [(ii) A member who is not a government employee may decline to receive per diem and
             371      expenses for the member's service.]
             372          [(b) (i) A state government officer or employee member who does not receive salary,
             373      per diem, or expenses from the member's agency for the member's service may receive per
             374      diem and expenses incurred in the performance of the official duties from the council at the
             375      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             376          [(ii) A state government officer or employee member may decline to receive per diem
             377      and expenses for the member's service.]
             378          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             379      from the entity that the member represents for the member's service may receive per diem and
             380      expenses incurred in the performance of the member's official duties at the rates established by
             381      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             382          [(ii) A local government member may decline to receive per diem and expenses for the
             383      member's service.]
             384          (6) A member may not receive compensation or benefits for the member's service, but
             385      may receive per diem and travel expenses in accordance with:
             386          (a) Section 63A-3-106 ;
             387          (b) Section 63A-3-107 ; and
             388          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             389      63A-3-107 .
             390          (7) The Department of Natural Resources and the Department of Environmental
             391      Quality shall coordinate and provide necessary staff assistance to the council.
             392          Section 7. Effective date.
             393          (1) Except as provided in Subsection (2), this bill takes effect on May 10, 2011.
             394          (2) The amendments to Section 32B-2-201 (Effective 07/01/11) take effect on July 1,
             395      2011.





Legislative Review Note
    as of 10-25-10 11:21 AM

Office of Legislative Research and General Counsel

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