First Substitute H.B. 12

1

BOARDS AND COMMISSIONS AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Afton B. Bradshaw
5 AN ACT RELATING TO BOARDS AND COMMISSIONS; MODIFYING CERTAIN
6 QUALIFICATION REQUIREMENTS; CHANGING MEMBERSHIP REQUIREMENTS FOR
7 CERTAIN BOARDS; MODIFYING COMPENSATION REQUIREMENTS; MODIFYING
8 CERTAIN APPOINTMENT REQUIREMENTS; MAKING TECHNICAL CORRECTIONS;
9 AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 4-3-15, as last amended by Chapter 243, Laws of Utah 1996
13 4-37-503, as last amended by Chapter 243, Laws of Utah 1996
14 9-1-405 (Renumbered 07/01/97), as last amended by Chapter 243, Laws of Utah 1996
15 9-2-301, as last amended by Chapters 242 and 243, Laws of Utah 1996
16 9-4-1104, as enacted by Chapter 260, Laws of Utah 1995
17 23-14-2, as last amended by Chapter 243, Laws of Utah 1996
18 23-14-2.6, as last amended by Chapter 243, Laws of Utah 1996
19 23-21-4, as last amended by Chapter 46, Laws of Utah 1971
20 26-18a-2, as last amended by Chapter 243, Laws of Utah 1996
21 27-12-117, as last amended by Chapter 137, Laws of Utah 1991
22 35-1-17 (Renumbered 07/01/97), as last amended by Chapter 243, Laws of Utah 1996
23 35A-8-205 (Effective 07/01/97), as last amended by Chapters 240 and 243, Laws of Utah 1996
24 51-7-16, as last amended by Chapter 243, Laws of Utah 1996
25 53-7-203 (Effective 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of Utah
26 1996
27 53-7-203 (Superseded 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of

1 Utah 1996
2 53B-17-201, as enacted by Chapter 167, Laws of Utah 1987
3 62A-4a-311, as last amended by Chapter 243, Laws of Utah 1996
4 62A-5a-103, as last amended by Chapters 179 and 243, Laws of Utah 1996
5 62A-13-103, as last amended by Chapter 243, Laws of Utah 1996
6 63-11-19.1, as renumbered and amended by Chapter 93, Laws of Utah 1990
7 63-25a-302, as renumbered and amended by Chapter 242 and last amended by Chapter 243,
8 Laws of Utah 1996
9 63-34-6, as last amended by Chapters 92 and 101, Laws of Utah 1987
10 63-75-5 (Effective 07/01/97), as last amended by Chapters 136, 240, 243, and 318, Laws of
11 Utah 1996
12 63-75-5 (Superseded 07/01/97), as last amended by Chapters 136, 240, 243, and 318, Laws of
13 Utah 1996
14 63A-7-111, as last amended by Chapter 243, Laws of Utah 1996
15 63C-2-103, as last amended by Chapter 243, Laws of Utah 1996
16 73-18b-1, as enacted by Chapter 171, Laws of Utah 1967
17 73-18b-3, as enacted by Chapter 171, Laws of Utah 1967
18 73-18b-4, as enacted by Chapter 171, Laws of Utah 1967
19 ENACTS:
20 62A-8-103.5, Utah Code Annotated 1953
21 REPEALS:
22 62A-8-401, as enacted by Chapter 242, Laws of Utah 1988
23 62A-8-402, as enacted by Chapter 242, Laws of Utah 1988
24 62A-8-403, as enacted by Chapter 242, Laws of Utah 1988
25 63-11-10, as last amended by Chapter 122, Laws of Utah 1953
26 73-13-1, as last amended by Chapter 243, Laws of Utah 1996
27 73-13-2, Utah Code Annotated 1953
28 73-13-3, Utah Code Annotated 1953
29 73-13-4, Utah Code Annotated 1953
30 73-13-5, as last amended by Chapter 243, Laws of Utah 1996
31 73-13-6, Utah Code Annotated 1953

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1 73-13-7, Utah Code Annotated 1953
2 73-13-8, Utah Code Annotated 1953
3 Be it enacted by the Legislature of the state of Utah:
4 Section 1. Section 4-3-15 is amended to read:
5 4-3-15. Dairy Advisory Board created -- Composition -- Appointment -- Removal --
6 Compensation -- Responsibilities.
7 (1) (a) There is created a Dairy Advisory Board composed of five members appointed by
8 the commissioner.
9 (b) Except as required by Subsection (c), as terms of current board members expire, the
10 commissioner shall appoint each new member or reappointed member to a four-year term.
11 (c) Notwithstanding the requirements of Subsection (b), the [governor] commissioner
12 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
13 terms of board members are staggered so that approximately half of the board is appointed every
14 two years.
15 (2) (a) Three members shall be active dairy producers recommended by producer
16 organizations and the remaining two members a grade A milk processor and a non-grade A milk
17 processor, respectively.
18 (b) If a nominee is rejected by the commissioner, the recommending authority shall submit
19 another nominee.
20 (3) (a) A member may, at the commissioner's discretion, be removed upon the request of
21 the organization that recommended the appointment.
22 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
23 appointed for the unexpired term.
24 (4) One member shall be designated by the commissioner to serve as chair who is
25 responsible for the call and conduct of meetings of the Dairy Advisory Board. Attendance of a
26 simple majority of the members at a duly called meeting shall constitute a quorum for the
27 transaction of official business.
28 (5) (a) Members shall receive no compensation or benefits for their services, but may
29 receive per diem and expenses incurred in the performance of the member's official duties at the
30 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
31 (b) Members may decline to receive per diem and expenses for their service.

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1 (6) The Dairy Advisory Board shall confer with and advise the department concerning the
2 planning and implementation of programs affecting the dairy industry and concerning the
3 administration of this chapter.
4 Section 2. Section 4-37-503 is amended to read:
5 4-37-503. Fish Health Board -- Transition period.
6 (1) There is created within the department the Fish Health Board which shall be
7 responsible for determining:
8 (a) the pathogens for which inspection is required to receive health approval; and
9 (b) the pathogens which may not be present to receive health approval.
10 (2) (a) The Fish Health Board shall consist of six members, three of whom shall be
11 appointed by the commissioner of the Department of Agriculture and three of whom shall be
12 appointed by the executive director of the Department of Natural Resources from a list of
13 candidates submitted by the Division of Wildlife Resources.
14 (b) The state veterinarian shall be among the members appointed by the commissioner of
15 the Department of Agriculture and shall serve as chair of the board.
16 (c) The chief fish pathologist of the Division of Wildlife Resources shall be among the
17 members appointed by the executive director of the Department of Natural Resources.
18 (d) Except as required by Subsection (e), the term of office of board members shall be four
19 years.
20 (e) Notwithstanding the requirements of Subsection (d), the commissioner and the
21 executive director shall, at the time of appointment or reappointment, adjust the length of terms
22 to ensure that the terms of board members are staggered so that approximately half of the board
23 is appointed every two years.
24 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
25 appointed for the unexpired term.
26 (g) The board shall meet upon the call of the chair or a majority of the board members.
27 (h) (i) A majority of the board members constitutes a quorum. A quorum is necessary for
28 the board to act.
29 (ii) Approval of a motion to list or delist a pathogen requires at least four votes.
30 (3) (a) (i) Members who are not government employees shall receive no compensation or
31 benefits for their services, but may receive per diem and expenses incurred in the performance of

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1 the member's official duties at the rates established by the Division of Finance under Sections
2 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the board at the rates established by the Division
7 of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (4) (a) The board shall make rules consistent with its responsibilities specified in
11 Subsection (1).
12 (b) The provisions of the proclamation of the Wildlife Board for "Aquaculture and Fish
13 Stocking" that pertain to pathogens for which inspection is necessary and which may not be
14 present shall remain in effect until the Fish Health Board enacts rules to replace those provisions.
15 Section 3. Section 9-1-405 (Renumbered 07/01/97) is amended to read:
16 9-1-405 (Renumbered 07/01/97). Creation of committee.
17 (1) There is created a Child Care Advisory Committee.
18 (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
19 (3) The committee shall be composed of 13 members as follows:
20 (a) two experts in early childhood development appointed by the governor in accordance
21 with Subsection (4);
22 (b) one day care provider appointed by the governor in accordance with Subsection (4);
23 (c) one parent of preschool or elementary school-aged children appointed by the governor
24 in accordance with Subsection (4);
25 (d) one representative of the Department of Human Services;
26 (e) one representative of the State Office of Education;
27 (f) one representative of the Department of Health;
28 (g) one representative from the corporate community appointed by the governor in
29 accordance with Subsection (4);
30 (h) one representative from the small business community appointed by the governor in
31 accordance with Subsection (4); and

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1 (i) four representatives from child care advocacy groups appointed by the governor in
2 accordance with Subsection (4).
3 (4) Of those members appointed by the governor under Subsection (3), no more than [four]
4 six may be from the same political party.
5 (5) (a) Except as required by Subsection (b), as terms of current committee members
6 expire, the governor shall appoint each new member or reappointed member to a four-year term.
7 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
8 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
9 members are staggered so that approximately half of the committee is appointed every two years.
10 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
11 appointed for the unexpired term.
12 (7) A majority of the members constitutes a quorum for the transaction of business.
13 (8) The governor shall select a chair from its membership. The chair's term of office
14 expires on April 1 of each year.
15 (9) (a) (i) Members who are not government employees shall receive no compensation or
16 benefits for their services, but may receive per diem and expenses incurred in the performance of
17 the member's official duties at the rates established by the Division of Finance under Sections
18 63A-3-106 and 63A-3-107.
19 (ii) Members may decline to receive per diem and expenses for their service.
20 (b) (i) State government officer and employee members who do not receive salary, per
21 diem, or expenses from their agency for their service may receive per diem and expenses incurred
22 in the performance of their official duties from the committee at the rates established by the
23 Division of Finance under Sections 63A-3-106 and 63A-3-107.
24 (ii) State government officer and employee members may decline to receive per diem and
25 expenses for their service.
26 Section 4. Section 9-2-301 is amended to read:
27 9-2-301. Small Business Advisory Council -- Membership -- Expenses.
28 (1) There is created within the department the Small Business Advisory Council.
29 (2) (a) The council shall consist of no more than [15] 17 members, appointed by the
30 governor as follows:
31 (i) at least two members from the financial institutions industry;

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1 (ii) one member of the Board of Business and Economic Development created under
2 Section 9-2-202;
3 (iii) seven small business owners, including at least one woman and at least one minority;
4 (iv) the executive director of the Department of Commerce or the designee of the executive
5 director of the Department of Commerce;
6 (v) the executive director of the Department of Environmental Quality or the designee of
7 the executive director of the Department of Environmental Quality;
8 (vi) at least one member from a local business organization; [and]
9 (vii) one representative from the Small Business Administration; and
10 [(vii)] (viii) the lieutenant governor.
11 (b) In appointing the members of the council, the governor shall consider all geographic
12 areas and representative industries of the state.
13 (c) (i) Except as required by Subsection (ii), all members shall serve for four-year terms.
14 (ii) Notwithstanding the requirements of Subsection (i), the governor shall, at the time of
15 appointment or reappointment, adjust the length of terms to ensure that the terms of council
16 members are staggered so that approximately half of the council is appointed every two years.
17 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
18 appointed for the unexpired term.
19 (3) The council shall report to the governor through the chair.
20 (4) The governor shall appoint the chair and vice chair.
21 (5) A majority constitutes a quorum for the transaction of business.
22 (6) (a) The council shall meet quarterly at times and places determined by the chair or, at
23 the request of the governor, at times and places determined by the governor.
24 (b) All meetings and notices of meetings shall comply with Title 52, Chapter 4, Open and
25 Public Meetings.
26 (7) (a) (i) Members who are not government employees shall receive no compensation or
27 benefits for their services, but may receive per diem and expenses incurred in the performance of
28 the member's official duties at the rates established by the Division of Finance under Sections
29 63A-3-106 and 63A-3-107.
30 (ii) Members may decline to receive per diem and expenses for their service.
31 (b) (i) State government officer and employee members who do not receive salary, per

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1 diem, or expenses from their agency for their service may receive per diem and expenses incurred
2 in the performance of their official duties from the council at the rates established by the Division
3 of Finance under Sections 63A-3-106 and 63A-3-107.
4 (ii) State government officer and employee members may decline to receive per diem and
5 expenses for their service.
6 (8) The department shall provide clerical and professional staff and services to the council.
7 Section 5. Section 9-4-1104 is amended to read:
8 9-4-1104. Board of Directors -- Membership -- Term -- Quorum -- Vacancies.
9 (1) The corporation shall be governed by a board of directors.
10 (2) The board shall be composed of 11 members appointed by the governor with the advice
11 and consent of the Senate.
12 (3) The governor shall ensure that:
13 (a) two members of the board are residents of Salt Lake County in which the state fair is
14 held;
15 (b) there is at least one member of the board from each judicial district;
16 (c) two members of the board are residents of the First Congressional District;
17 (d) two members of the board are residents of the Second Congressional District;
18 (e) two members of the board are residents of the Third Congressional District; and
19 (f) two members of the board represent agricultural interests.
20 (4) (a) (i) Except as provided in Subsection (a)(ii), the governor shall appoint board
21 members to serve [four-year] terms that expire on the December 1 four years after the year that the
22 board member was appointed.
23 (ii) In making [the initial] appointments to the board, the governor shall [appoint six
24 members to two-year terms and five members to four-year terms] ensure that the terms of
25 approximately 1/4 of the board expire each year.
26 (b) Except as provided in Subsection (c), board members shall serve until their successors
27 are appointed and qualified.
28 (c) (i) If a board member is absent from three consecutive board meetings without excuse,
29 that member's appointment is terminated, the position is vacant, and the governor shall appoint a
30 replacement.
31 (ii) The governor may remove any member of the board at will.

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1 (d) The governor shall fill any vacancy that occurs on the board for any reason by
2 appointing a person according to the procedures of this section for the unexpired term of the
3 vacated member.
4 (5) The governor shall select the board's chair.
5 (6) Six members of the board are a quorum for the transaction of business.
6 (7) The board may elect a vice chair and any other board offices.
7 [(8) Members of the board shall serve without compensation, but they may be reimbursed
8 for expenses incurred in the performance of their official duties according to rules established by
9 the Division of Finance.]
10 Section 6. Section 23-14-2 is amended to read:
11 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum -- Meetings
12 -- Per diem and expenses.
13 (1) There is created a Wildlife Board which shall consist of seven members appointed by
14 the governor.
15 (2) (a) The members of the board shall have expertise or experience in at least one of the
16 following areas:
17 (i) wildlife management or biology;
18 (ii) habitat management, including range or aquatic;
19 (iii) business, including knowledge of private land issues; and
20 (iv) economics, including knowledge of recreational wildlife uses.
21 (b) Each of the areas of expertise under Subsection (a) shall be represented by at least one
22 member of the Wildlife Board.
23 (3) (a) The governor shall select each board member from a list of nominees submitted
24 by the nominating committee pursuant to Section 23-14-2.5.
25 (b) No more than two members shall be from a single wildlife region described in
26 Subsection 23-14-2.6(1).
27 (c) The governor may request an additional list of at least two nominees from the
28 nominating committee if the initial list of nominees for a given position is unacceptable.
29 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of the
30 initial or additional list, the nominating committee shall make an interim appointment by majority
31 vote.

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1 (ii) The interim board member shall serve until the matter is resolved by the committee
2 and the governor or until the board member is replaced pursuant to this chapter.
3 (e) Each appointment shall be confirmed by the Senate.
4 (4) (a) Except as required by Subsection (b), as terms of current board members expire,
5 the governor shall appoint each new member or reappointed member to a [four-year] six-year term.
6 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
7 appointment or reappointment, adjust the length of terms to ensure that:
8 (i) the terms of board members are staggered so that approximately [half] 1/3 of the board
9 is appointed every two years[.]; and
10 (ii) members serving from the same region have staggered terms.
11 (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
12 in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a replacement for the
13 unexpired term.
14 (d) Board members may serve only one term unless:
15 (i) the member is among the first board members appointed to serve four years or less; or
16 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
17 (5) (a) The board shall elect a chair and a vice chair from its membership.
18 (b) Four members of the board shall constitute a quorum.
19 (c) The director of the Division of Wildlife Resources shall act as secretary to the board
20 but shall not be a voting member of the board.
21 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year to
22 expeditiously conduct its business.
23 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
24 emergency situations.
25 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
26 Resources or elsewhere as determined by the Wildlife Board.
27 (7) (a) (i) Members who are not government employees shall receive no compensation or
28 benefits for their services, but may receive per diem and expenses incurred in the performance of
29 the member's official duties at the rates established by the Division of Finance under Sections
30 63A-3-106 and 63A-3-107.
31 (ii) Members may decline to receive per diem and expenses for their service.

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1 (b) (i) State government officer and employee members who do not receive salary, per
2 diem, or expenses from their agency for their service may receive per diem and expenses incurred
3 in the performance of their official duties from the board at the rates established by the Division
4 of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) State government officer and employee members may decline to receive per diem and
6 expenses for their service.
7 (8) (a) The members of the Wildlife Board shall complete an orientation course to assist
8 them in the performance of the duties of their office.
9 (b) The Department of Natural Resources shall provide the course required under
10 Subsection (a).
11 Section 7. Section 23-14-2.6 is amended to read:
12 23-14-2.6. Regional advisory councils -- Creation -- Membership -- Duties -- Per
13 diem and expenses.
14 (1) There are created five regional advisory councils which shall consist of 12 to 15
15 members each from the wildlife region whose boundaries are established for administrative
16 purposes by the division.
17 (2) The members shall include individuals who represent the following groups and
18 interests:
19 (a) agriculture;
20 (b) sportsmen;
21 (c) nonconsumptive wildlife;
22 (d) locally elected public officials;
23 (e) federal land agencies; and
24 (f) the public at large.
25 (3) The executive director of the Department of Natural Resources, in consultation with
26 the director of the Division of Wildlife Resources, shall select the members from a list of nominees
27 submitted by the respective interest group or agency.
28 (4) The councils shall:
29 (a) hear broad input, including recommendations, biological data, and information
30 regarding the effects of wildlife;
31 (b) gather information from staff, the public, and government agencies; and

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1 (c) make recommendations to the Wildlife Board in an advisory capacity.
2 (5) (a) Except as required by Subsection (b), each member shall serve a four-year term.
3 (b) Notwithstanding the requirements of Subsection (a), the [governor] executive director
4 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
5 terms of council members are staggered so that approximately half of the council is appointed
6 every two years.
7 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
8 appointed for the unexpired term.
9 (7) The councils shall determine:
10 (a) the time and place of meetings; and
11 (b) any other procedural matter not specified in this chapter.
12 (8) Members of the councils shall complete an orientation course as provided in
13 Subsection 23-14-2(8).
14 (9) (a) (i) Members who are not government employees shall receive no compensation or
15 benefits for their services, but may receive per diem and expenses incurred in the performance of
16 the member's official duties at the rates established by the Division of Finance under Sections
17 63A-3-106 and 63A-3-107.
18 (ii) Members may decline to receive per diem and expenses for their service.
19 (b) (i) State government officer and employee members who do not receive salary, per
20 diem, or expenses from their agency for their service may receive per diem and expenses incurred
21 in the performance of their official duties from the council at the rates established by the Division
22 of Finance under Sections 63A-3-106 and 63A-3-107.
23 (ii) State government officer and employee members may decline to receive per diem and
24 expenses for their service.
25 (c) (i) Local government members who do not receive salary, per diem, or expenses from
26 the entity that they represent for their service may receive per diem and expenses incurred in the
27 performance of their official duties at the rates established by the Division of Finance under
28 Sections 63A-3-106 and 63A-3-107.
29 (ii) Local government members may decline to receive per diem and expenses for their
30 service.
31 Section 8. Section 23-21-4 is amended to read:

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1 23-21-4. Right of access to lands reserved to public.
2 (1) There is reserved to the public the right of access to all lands owned by the state,
3 including those lands lying below the official government meander line or high water line of
4 navigable waters, for the purpose of hunting, trapping, and fishing.
5 (2) Whenever any department or agency of the state [shall lease] leases or [sell] sells any
6 lands belonging to the state of Utah[,] lying below the official government meander line or the
7 high water line of the navigable waters within the state, the lease, contract of sale, or deed shall
8 contain a provision that:
9 (a) these lands shall be open to the public for the purpose of hunting, trapping, and fishing
10 on them during the lawful season, except:
11 (i) where the lands are situated in incorporated or unincorporated towns or cities; and
12 [except]
13 (ii) when it is mutually agreed by the [State Land Board] S [School and Institutional Trust
14 Lands Board of Trustees, the] THE DIRECTOR OF THE DIVISION OF s Forestry, Fire, and State Lands S
14a [ Advisory Council] s , and the Wildlife
15 Board that [said] the lands may be leased or sold for exploration or development of minerals
16 including oil and gas; and
17 (b) no charge [shall] may be made by the lessee, contractee, or grantee to any person who
18 desires to go upon the land for the purpose of hunting, trapping, or fishing.
19 (3) Lands referred to in this section shall be regulated or closed to fishing, hunting, or
20 trapping as provided in this code for other lands and waters.
21 Section 9. Section 26-18a-2 is amended to read:
22 26-18a-2. Creation and membership of Children's Organ Transplant Coordinating
23 Committee -- Expenses.
24 (1) There is created the Children's Organ Transplant Coordinating Committee.
25 (2) The committee shall have six members representing the following:
26 (a) the executive directors of the Department of Human Services and the Department of
27 Health, or their designees;
28 (b) two representatives from federal or private agencies and organizations concerned with
29 providing support and financial assistance to the children and families of children who need organ
30 transplants; and
31 (c) two individuals who have had organ transplants, have children who have had organ
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Amend on 3_goldenrod February 14, 1997 - 13 -

1 transplants, who work with families or children who have had or are awaiting organ transplants,
2 or community leaders or volunteers who have demonstrated an interest in working with families
3 or children in need of organ transplants.
4 (3) (a) The governor shall appoint the committee members and designate the chairperson
5 from among these people.
6 (b) (i) Except as required by Subsection (ii), each member shall serve a four-year term.
7 (ii) Notwithstanding the requirements of Subsection (i), the governor shall, at the time of
8 appointment or reappointment, adjust the length of terms to ensure that the terms of the committee
9 members are staggered so that approximately half of the committee is appointed every two years.
10 (4) (a) (i) Members who are not government employees shall receive no compensation or
11 benefits for their services, but may receive per diem and expenses incurred in the performance of
12 the member's official duties at the rates established by the Division of Finance under Sections
13 63A-3-106 and 63A-3-107.
14 (ii) Members may decline to receive per diem and expenses for their service.
15 (b) (i) State government officer and employee members who do not receive salary, per
16 diem, or expenses from their agency for their service may receive per diem and expenses incurred
17 in the performance of their official duties from the committee at the rates established by the
18 Division of Finance under Sections 63A-3-106 and 63A-3-107.
19 (ii) State government officer and employee members may decline to receive per diem and
20 expenses for their service.
21 (5) The Department of Human Services and the Department of Health shall provide
22 support staff for the committee.
23 (6) The committee created by this chapter is dissolved at the end of the 1997 taxable year.
24 Section 10. Section 27-12-117 is amended to read:
25 27-12-117. Authority to designate, maintain, and build livestock highways.
26 (1) The department, [the Board of Agriculture,] county [governing] legislative bodies, [city
27 commissioners, city councils,] and [town boards] municipal legislative bodies may designate,
28 survey, build, protect, purchase rights-of-way for, and maintain livestock highways.
29 (2) If state highways with heavy traffic are regularly used for the movement of livestock
30 [it is the duty of], the department, county [governing] legislative bodies, [city commissioners, city
31 councils,] and [town boards to] municipal legislative bodies shall construct and maintain livestock

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1 roads or trails for livestock travel.
2 Section 11. Section 35-1-17 (Renumbered 07/01/97) is amended to read:
3 35-1-17 (Renumbered 07/01/97). Appointment of state council -- Composition --
4 Terms of members -- Membership nominations -- Compensation.
5 (1) The Industrial Commission shall appoint a state council composed of:
6 (a) five employer representatives;
7 (b) five employee representatives; and
8 (c) three members, one representing the Workers' Compensation Fund of Utah, one
9 representing a private insurance carrier, and one representing health care providers, all of whom
10 are nonvoting.
11 (2) The Utah insurance commissioner shall serve on the state council as an ex officio
12 nonvoting member.
13 (3) Employers and employees shall consider nominating members of groups who
14 historically may have been excluded from the council, such as women, minorities, and individuals
15 with disabilities.
16 (4) (a) Except as required by Subsection (4)(b), as terms of current council members
17 expire, the [governor] commission shall appoint each new member or reappointed member to a
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Amend on 3_goldenrod February 14, 1997 18 S [four] TWO s -year term beginning July 1 and ending June 30.
19 (b) Notwithstanding the requirements of Subsection (4)(a), the [governor] commission
20 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
21 terms of council members are staggered so that approximately half of the council is appointed
22 every two years.
23 (5) (a) When a vacancy occurs in the membership for any reason, the replacement shall
24 be appointed for the unexpired term.
25 (b) The commission shall terminate the terms of any council member who ceases to be
26 representative as designated by his original appointment.
27 (6) The council shall confer at least quarterly for the purpose of advising the commission
28 and the Legislature on the Utah workers' compensation and occupational disease laws, the
29 administration of them, and related rules.
30 (7) The council shall offer advice on issues requested by the commission and the
31 Legislature and also make recommendations to the commission regarding workers' compensation,

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1 rehabilitation, and reemployment of employees who are disabled because of an industrial injury
2 or occupational disease.
3 (8) (a) (i) Members who are not government employees shall receive no compensation or
4 benefits for their services, but may receive per diem and expenses incurred in the performance of
5 the member's official duties at the rates established by the Division of Finance under Sections
6 63A-3-106 and 63A-3-107.
7 (ii) Members may decline to receive per diem and expenses for their service.
8 (b) (i) State government officer and employee members who do not receive salary, per
9 diem, or expenses from their agency for their service may receive per diem and expenses incurred
10 in the performance of their official duties from the council at the rates established by the Division
11 of Finance under Sections 63A-3-106 and 63A-3-107.
12 (ii) State government officer and employee members may decline to receive per diem and
13 expenses for their service.
14 Section 12. Section 35A-8-205 (Effective 07/01/97) is amended to read:
15 35A-8-205 (Effective 07/01/97). Creation of committee.
16 (1) There is created a Child Care Advisory Committee.
17 (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
18 (3) The committee shall be composed of 13 members as follows:
19 (a) two experts in early childhood development appointed by the governor in accordance
20 with Subsection (4);
21 (b) one day care provider appointed by the governor in accordance with Subsection (4);
22 (c) one parent of preschool or elementary school-aged children appointed by the governor
23 in accordance with Subsection (4);
24 (d) one representative of the Department of Human Services;
25 (e) one representative of the State Office of Education;
26 (f) one representative of the Department of Health;
27 (g) one representative from the corporate community appointed by the governor in
28 accordance with Subsection (4);
29 (h) one representative from the small business community appointed by the governor in
30 accordance with Subsection (4); and
31 (i) four representatives from child care advocacy groups appointed by the governor in

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1 accordance with Subsection (4).
2 (4) Of those members appointed by the governor under Subsection (3), no more than [four]
3 six may be from the same political party.
4 (5) (a) Except as required by Subsection (b), as terms of current committee members
5 expire, the governor shall appoint each new member or reappointed member to a four-year term.
6 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
7 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
8 members are staggered so that approximately half of the committee is appointed every two years.
9 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
10 appointed for the unexpired term.
11 (7) A majority of the members constitutes a quorum for the transaction of business.
12 (8) The governor shall select a chair from the committee membership. The chair's term
13 of office expires on April 1 of each year.
14 (9) (a) (i) Members who are not government employees shall receive no compensation or
15 benefits for their services, but may receive per diem and expenses incurred in the performance of
16 the member's official duties at the rates established by the Division of Finance under Sections
17 63A-3-106 and 63A-3-107.
18 (ii) Members may decline to receive per diem and expenses for their service.
19 (b) (i) State government officer and employee members who do not receive salary, per
20 diem, or expenses from their agency for their service may receive per diem and expenses incurred
21 in the performance of their official duties from the committee at the rates established by the
22 Division of Finance under Sections 63A-3-106 and 63A-3-107.
23 (ii) State government officer and employee members may decline to receive per diem and
24 expenses for their service.
25 Section 13. Section 51-7-16 is amended to read:
26 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
27 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure of
28 interests -- Per diem and expenses.
29 (1) (a) There is created a State Money Management Council composed of five members
30 appointed by the governor after consultation with the state treasurer and with the advice and
31 consent of the Senate.

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1 (b) The members of the council shall be qualified by training and experience in the field
2 of investment or finance as follows:
3 (i) at least one member, but not more than two members, shall be experienced in the
4 banking business;
5 [(ii) one member shall be experienced in the savings and loan business;]
6 [(iii)] (ii) at least one member, but not more than two members, shall be an elected
7 treasurer;
8 [(iv)] (iii) at least one member, but not more than two members, shall be an appointed
9 public treasurer; and
10 [(v) one member] (iv) two members, but not more than two members, shall be
11 experienced in the field of investment.
12 (c) No more than three members of the council may be from the same political party.
13 (2) (a) Except as required by Subsection (b), the council members shall be appointed for
14 terms of four years.
15 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
16 appointment or reappointment, adjust the length of terms to ensure that the terms of council
17 members are staggered so that approximately half of the council is appointed every two years.
18 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
19 appointed for the unexpired term.
20 (d) All members shall serve until their successors are appointed and qualified.
21 (3) (a) The council members shall elect a chair and vice chair.
22 (b) The state treasurer shall serve as executive secretary of the council without vote.
23 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by the
24 council and at other times at the call of the chair, the state treasurer, or any two members of the
25 council.
26 (b) Three members are a quorum for the transaction of business.
27 (c) Actions of the council require a vote of a majority of those present.
28 (d) All meetings of the council and records of its proceedings are open for inspection by
29 the public at the state treasurer's office during regular business hours except for:
30 (i) reports of the commissioner of financial institutions concerning the identity, liquidity,
31 or financial condition of qualified depositories and the amount of public funds each is eligible to

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1 hold; and
2 (ii) reports of the director concerning the identity, liquidity, or financial condition of
3 certified dealers.
4 (5) (a) Each member of the council shall file a sworn or written statement with the
5 lieutenant governor that discloses any position or employment or ownership interest that he has
6 in any financial institution or investment organization.
7 (b) Each member shall file the statement required by this subsection when he becomes a
8 member of the council and when substantial changes in his position, employment, or ownership
9 interests occur.
10 (6) (a) (i) Members who are not government employees shall receive no compensation or
11 benefits for their services, but may receive per diem and expenses incurred in the performance of
12 the member's official duties at the rates established by the Division of Finance under Sections
13 63A-3-106 and 63A-3-107.
14 (ii) Members may decline to receive per diem and expenses for their service.
15 (b) (i) State government officer and employee members who do not receive salary, per
16 diem, or expenses from their agency for their service may receive per diem and expenses incurred
17 in the performance of their official duties from the council at the rates established by the Division
18 of Finance under Sections 63A-3-106 and 63A-3-107.
19 (ii) State government officer and employee members may decline to receive per diem and
20 expenses for their service.
21 (c) (i) Local government members who do not receive salary, per diem, or expenses from
22 the entity that they represent for their service may receive per diem and expenses incurred in the
23 performance of their official duties at the rates established by the Division of Finance under
24 Sections 63A-3-106 and 63A-3-107.
25 (ii) Local government members may decline to receive per diem and expenses for their
26 service.
27 Section 14. Section 53-7-203 (Effective 07/01/97) is amended to read:
28 53-7-203 (Effective 07/01/97). Utah Fire Prevention Board -- Creation -- Members
29 -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation --
30 Division's duty to implement board rules.
31 (1) There is created within the division the Utah Fire Prevention Board.

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1 (2) The board shall be nonpartisan and be composed of ten members appointed by the
2 governor as follows:
3 (a) a city or county official;
4 (b) a licensed architect;
5 (c) a licensed [fire protection] engineer;
6 (d) a member of the Utah State Firemen's Association;
7 (e) the state forester;
8 (f) the executive director of the Department of Workforce Services or the executive
9 director's designee;
10 (g) a member of the Utah State Fire Chiefs Association;
11 (h) a member of the Utah Fire Marshal's Association;
12 (i) a building inspector; and
13 (j) a citizen appointed at large.
14 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
15 the governor shall appoint each new member or reappointed member to a four-year term.
16 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
17 appointment or reappointment, adjust the length of terms to ensure that the terms of board
18 members are staggered so that approximately half of the board is appointed every two years.
19 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
20 appointed for the unexpired term.
21 (5) The board shall select from its members a chair and other officers as the board finds
22 necessary.
23 (6) A majority of the members of the board is a quorum.
24 (7) The board shall hold regular semiannual meetings for the transaction of its business
25 at a time and place to be fixed by the board and shall hold other meetings as necessary for proper
26 transaction of business.
27 (8) (a) (i) Members who are not government employees shall receive no compensation or
28 benefits for their services, but may receive per diem and expenses incurred in the performance of
29 the member's official duties at the rates established by the Division of Finance under Sections
30 63A-3-106 and 63A-3-107.
31 (ii) Members may decline to receive per diem and expenses for their service.

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1 (b) (i) State government officer and employee members who do not receive salary, per
2 diem, or expenses from their agency for their service may receive per diem and expenses incurred
3 in the performance of their official duties from the board at the rates established by the Division
4 of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) State government officer and employee members may decline to receive per diem and
6 expenses for their service.
7 (c) (i) Local government members who do not receive salary, per diem, or expenses from
8 the entity that they represent for their service may receive per diem and expenses incurred in the
9 performance of their official duties at the rates established by the Division of Finance under
10 Sections 63A-3-106 and 63A-3-107.
11 (ii) Local government members may decline to receive per diem and expenses for their
12 service.
13 (9) The division shall implement the rules of the board and perform all other duties
14 delegated by the board.
15 Section 15. Section 53-7-203 (Superseded 07/01/97) is amended to read:
16 53-7-203 (Superseded 07/01/97). Utah Fire Prevention Board -- Creation -- Members
17 -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation --
18 Division's duty to implement board rules.
19 (1) There is created within the division the Utah Fire Prevention Board.
20 (2) The board shall be nonpartisan and be composed of ten members appointed by the
21 governor as follows:
22 (a) a city or county official;
23 (b) a licensed architect;
24 (c) a licensed [fire protection] engineer;
25 (d) a member of the Utah State Firemen's Association;
26 (e) the state forester;
27 (f) a member of the Utah State Industrial Commission;
28 (g) a member of the Utah State Fire Chiefs Association;
29 (h) a member of the Utah Fire Marshal's Association;
30 (i) a building inspector; and
31 (j) a citizen appointed at large.

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1 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
2 the governor shall appoint each new member or reappointed member to a four-year term.
3 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
4 appointment or reappointment, adjust the length of terms to ensure that the terms of board
5 members are staggered so that approximately half of the board is appointed every two years.
6 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
7 appointed for the unexpired term.
8 (5) The board shall select from its members a chair and other officers as the board finds
9 necessary.
10 (6) A majority of the members of the board is a quorum.
11 (7) The board shall hold regular semiannual meetings for the transaction of its business
12 at a time and place to be fixed by the board and shall hold other meetings as necessary for proper
13 transaction of business.
14 (8) (a) (i) Members who are not government employees shall receive no compensation or
15 benefits for their services, but may receive per diem and expenses incurred in the performance of
16 the member's official duties at the rates established by the Division of Finance under Sections
17 63A-3-106 and 63A-3-107.
18 (ii) Members may decline to receive per diem and expenses for their service.
19 (b) (i) State government officer and employee members who do not receive salary, per
20 diem, or expenses from their agency for their service may receive per diem and expenses incurred
21 in the performance of their official duties from the board at the rates established by the Division
22 of Finance under Sections 63A-3-106 and 63A-3-107.
23 (ii) State government officer and employee members may decline to receive per diem and
24 expenses for their service.
25 (c) (i) Local government members who do not receive salary, per diem, or expenses from
26 the entity that they represent for their service may receive per diem and expenses incurred in the
27 performance of their official duties at the rates established by the Division of Finance under
28 Sections 63A-3-106 and 63A-3-107.
29 (ii) Local government members may decline to receive per diem and expenses for their
30 service.
31 (9) The division shall implement the rules of the board and perform all other duties

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1 delegated by the board.
2 Section 16. Section 53B-17-201 is amended to read:
3 53B-17-201. Proceeds from federal land grants for a Miners' Hospital.
4 There is appropriated to the University of Utah all funds, assets, and revenues which have
5 been, or will be, derived from the sale or other disposition of those lands conveyed to the state of
6 Utah by those [certain] federal grants for a Miners' Hospital for Disabled Miners contained in
7 Section 12 of the Enabling Act and in Chapter 280, Public Laws of the Seventieth Congress, 2nd
8 Session (Act of February 20, 1929) which funds, assets, and revenues now are, or in the future will
9 be, in the custody and control of the [Board of State Lands] School and Institutional Trust Lands
10 Board of Trustees.
11 Section 17. Section 62A-4a-311 is amended to read:
12 62A-4a-311. Child Abuse Advisory Council -- Creation -- Membership -- Expenses.
13 (1) (a) There is established the Child Abuse Advisory Council composed of at least 25
14 members who are appointed by the board.
15 (b) Except as required by Subsection (c), as terms of current council members expire, the
16 [governor] board shall appoint each new member or reappointed member to a four-year term.
17 (c) Notwithstanding the requirements of Subsection (b), the [governor] board shall, at the
18 time of appointment or reappointment, adjust the length of terms to ensure that the terms of council
19 members are staggered so that approximately half of the council is appointed every two years.
20 (d) The council shall have geographic, economic, gender, cultural, and philosophical
21 diversity.
22 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
23 appointed for the unexpired term.
24 (2) The council shall elect a chairperson from its membership at least biannually.
25 (3) (a) Members shall receive no compensation or benefits for their services, but may
26 receive per diem and expenses incurred in the performance of the member's official duties at the
27 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
28 (b) Members may decline to receive per diem and expenses for their service.
29 (4) The council shall hold a public meeting at least quarterly. Meetings shall also be held
30 on the call of the chair, or of a majority of the members. Thirteen members shall constitute a
31 quorum at any meeting and the action of the majority of the members present shall be the action

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1 of the council.
2 (5) The council shall advise the board on matters relating to child abuse and neglect. The
3 council shall also recommend to the board how funds contained in the Children's Trust Account
4 shall be allocated.
5 Section 18. Section 62A-5a-103 is amended to read:
6 62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
7 Membership -- Expenses.
8 (1) There is created the Coordinating Council for Persons with Disabilities.
9 (2) The council shall consist of:
10 (a) the director of the Division of Services for People with Disabilities within the
11 Department of Human Services, or his designee;
12 (b) the director of family health services programs, appointed under Section 26-10-3, or
13 his designee;
14 (c) the executive director of the Utah State Office of Rehabilitation, or his designee;
15 (d) the state director of special education, or his designee;
16 (e) the director of the Division of Health Care Financing within the Department of Health,
17 or his designee;
18 (f) the director of the Division of Mental Health within the Department of Human
19 Services, or his designee;
20 (g) the superintendent of Schools for the Deaf and Blind, or his designee; and
21 (h) a person with a disability, a family member of a person with a disability, or an
22 advocate for persons with disabilities, appointed by the members listed in Subsections (a) through
23 (g).
24 [(2)] (3) (a) The council shall annually elect a [chairperson] chair from its membership.
25 (b) Five members of the council are [necessary to constitute] a quorum [at any meeting].
26 [The action of a majority of the council shall be the action of the council.]
27 [(3)] (4) (a) State government officer and employee members who do not receive salary,
28 per diem, or expenses from their agency for their service may receive per diem and expenses
29 incurred in the performance of their official duties from the council at the rates established by the
30 Division of Finance under Sections 63A-3-106 and 63A-3-107.
31 (b) State government officer and employee members may decline to receive per diem and

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1 expenses for their service.
2 Section 19. Section 62A-8-103.5 is enacted to read:
3 62A-8-103.5. Alcohol training and education seminar.
4 (1) Each new and renewing licensee under Title 32A who sells or furnishes alcoholic
5 beverages to the public within the scope of his employment, and each employee of every other
6 establishment who, within the scope of his employment, serves alcoholic beverages to the public
7 for consumption on the premises shall:
8 (a) complete an alcohol training and education seminar within six months of beginning
9 employment; and
10 (b) pay a fee to the seminar provider.
11 (2) The division shall:
12 (a) provide alcohol training and education seminars;
13 (b) include the following subjects in the curriculum and instruction:
14 (i) alcohol as a drug and its effect on the body and behavior;
15 (ii) recognizing the problem drinker;
16 (iii) an overview of state alcohol laws;
17 (iv) dealing with the problem customer, including ways to terminate service; and
18 (v) alternative means of transportation to get the customer safely home; and
19 (c) establish a fee for each person attending the seminar in an amount sufficient to offset
20 the division's cost of administering the seminar.
21 (3) The seminar provider shall collect the fee and forward it to the division.
22 Section 20. Section 62A-13-103 is amended to read:
23 62A-13-103. Rural Mental Health Therapist Financial Assistance Committee
24 created.
25 (1) As used in this section, "Council of Mental Health Programs" means a council
26 consisting of all of the directors of Utah public mental health centers.
27 [(1)] (2) The Rural Mental Health Therapist Financial Assistance Committee is comprised
28 of ten members appointed by the governor with the advice and consent of the Senate. The
29 committee members are:
30 (a) one faculty member of the graduate school of social work at a Utah university,
31 nominated by the dean of the school;

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1 (b) one employee of the department nominated by the director of the department;
2 (c) one rural representative of the Utah Council of Mental Health Programs nominated by
3 the president of the council;
4 (d) one member of the Utah Psychological Association nominated by the president of the
5 association;
6 (e) one rural representative of the Association for Utah Community Health nominated by
7 the board of the association;
8 (f) one rural representative nominated by Utah League of Cities and Towns;
9 (g) one rural representative nominated by the Association of Counties;
10 (h) one rural representative nominated by the Utah Counseling Association;
11 (i) one rural representative of the Utah Association for Marriage and Family Therapy; and
12 (j) one member of the Legislature chosen by the president and speaker, who serves as an
13 ex officio member with no voting privileges.
14 [(2)] (3) (a) The names of all persons nominated to be members of the committee shall be
15 submitted to the governor for confirmation or rejection.
16 (b) If a nominee is rejected by the governor, another nominee shall be selected in the same
17 manner as the nominee the governor rejects.
18 [(3)] (4) (a) Except as required by Subsection (b), the term of office of each committee
19 member is four years.
20 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
21 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
22 members are staggered so that approximately half of the committee is appointed every two years.
23 [(4)] (5) A committee member may not serve more than two consecutive terms.
24 [(5)] (6) The committee shall annually designate one of its members to serve as chair for
25 a one-year period.
26 [(6)] (7) When a vacancy occurs in the membership for any reason, the replacement shall
27 be appointed for the unexpired term.
28 [(7)] (8) A majority of the committee members constitutes a quorum for the transaction
29 of business.
30 [(8)] (9) (a) (i) Members who are not government employees shall receive no
31 compensation or benefits for their services, but may receive per diem and expenses incurred in the

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1 performance of the member's official duties at the rates established by the Division of Finance
2 under Sections 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the committee at the rates established by the
7 Division of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) Legislators on the committee shall receive compensation and expenses as provided by
11 law and legislative rule.
12 (d) Members from higher education may not receive per diem or expenses for their service.
13 (e) (i) Higher education members who do not receive salary, per diem, or expenses from
14 the entity that they represent for their service may receive per diem and expenses incurred in the
15 performance of their official duties from the committee at the rates established by the Division of
16 Finance under Sections 63A-3-106 and 63A-3-107.
17 (ii) Higher education members may decline to receive per diem and expenses for their
18 service.
19 (f) (i) Local government members who do not receive salary, per diem, or expenses from
20 the entity that they represent for their service may receive per diem and expenses incurred in the
21 performance of their official duties at the rates established by the Division of Finance under
22 Sections 63A-3-106 and 63A-3-107.
23 (ii) Local government members may decline to receive per diem and expenses for their
24 service.
25 Section 21. Section 63-11-19.1 is amended to read:
26 63-11-19.1. Contracts for purchase of lands for addition to Wasatch Mountain State
27 Park -- Tax levy for payment of principal and interest -- Separability.
28 (1) The [State Park] Board of Parks and Recreation [Commission is hereby authorized to]
29 may enter into real estate installment contracts for the purchase of lands in Wasatch County, Utah,
30 for addition to the Wasatch Mountain State Park.
31 (2) The total principal amount of [said] contracts entered into [pursuant to the] under

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1 authority [contained in] of this section [shall] may not exceed [the sum of $150,000.00] $150,000
2 nor the limitation imposed by Section 1 of Article XIV of the Constitution of the state of Utah.
3 (3) [Said] (a) The contracts shall be:
4 (i) executed by the [chairman] chair on behalf of the [commission and shall not exceed ten
5 years in duration and shall be] board; and
6 (ii) payable with interest at a rate not to exceed 3 per cent per annum on the deferred
7 principal installments.
8 (b) The contracts may not exceed ten years in duration.
9 (4) (a) The installment payments on the principal of [said] the contracts shall be payable
10 in equal annual installments [commencing] beginning one year from the date [thereof] of the
11 contracts and annually thereafter with interest on referred payments not in excess of the amount
12 [hereinbefore] provided in Subsection (3). [Said]
13 (b) The contracts may provide that payment of all or any part of the amount due under all
14 or any of [said] the contracts may be accelerated by the [commission] board at any time and from
15 time to time. [Such]
16 (c) The installment contracts shall be in [such] the form and [shall] bear [such] the details
17 [as] that the [commission may determine] board determines, and [shall be] are assignable by the
18 seller.
19 (d) When assigned to a bona fide purchaser for value, the payment of the principal
20 installments and interest remaining due at the time of [such] the assignment[, shall] may not be
21 avoided or invalidated for any irregularity or defect in the proceedings for their execution and
22 delivery or for failure of compliance with any of the other terms or conditions of [said] the
23 contracts, but shall be incontestable in the hands of [such] that bona fide [purchasers] purchaser
24 for value.
25 (5) (a) The full faith and credit of the state of Utah is pledged to the payment of [such] the
26 installment contracts and the principal and interest [thereof and there shall be and there] on them.
27 (b) (i) There is [hereby] levied on all taxable property in the state of Utah, in addition to
28 all other taxes, a direct annual tax sufficient to pay the principal amounts of installments falling
29 due in each year on [such] the contracts, together with applicable interest[, provided however, that
30 such].
31 (ii) The tax [shall be] established in this Subsection (b)(i) is abated in any year in which

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1 sufficient funds provided from other sources to pay the amounts of principal and interest falling
2 due in [such] that year have been made available for [such] those payments.
3 (6) If any provision of this [act] section, or the application of any provision to any person
4 or circumstance, is held invalid, the remainder of this [act shall not be] section is not affected
5 [thereby] by that declaration of invalidity.
6 Section 22. Section 63-25a-302 is amended to read:
7 63-25a-302. Terms of members -- Vacancies -- Reappointment.
8 (1) (a) Except as required by Subsection (b), as terms of current commission members
9 expire, the [governor] appointing authority shall appoint each new member or reappointed member
10 to a four-year term.
11 (b) Notwithstanding the requirements of Subsection (a), the [governor] appointing
12 authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure
13 that the terms of commission members are staggered so that approximately half of the commission
14 is appointed every two years.
15 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
16 appointed for the unexpired term.
17 (3) All members of the commission, including those appointed before July 1, 1995, shall
18 be eligible for reappointment one time.
19 Section 23. Section 63-34-6 is amended to read:
20 63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
21 director -- Natural resources planning.
22 (1) (a) The chief administrative officer of each division within the Department of Natural
23 Resources shall be a director[. Each director shall be] appointed by the executive director of the
24 Department of Natural Resources with the concurrence of the board having policy authority for
25 the division.
26 (b) The director of each division may be removed from office by the executive director
27 of the Department of Natural Resources.
28 (c) The appointment and term of office of the state engineer, notwithstanding anything to
29 the contrary contained in this section, shall be in accordance with Section 73-2-1.
30 (2) (a) The executive director of the Department of Natural Resources shall have
31 administrative jurisdiction over each of the division directors for the purpose of implementing

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1 department policy as established by the division boards.
2 (b) The executive director of the Department of Natural Resources may consolidate
3 personnel and service functions in the respective divisions under his administrative jurisdiction
4 to effectuate efficiency and economy in the operations of the department, and may establish a
5 departmental services division to perform service functions.
6 (3) (a) The executive director of the Department of Natural Resources, in cooperation with
7 the [Utah Energy Conservation and Development Council and] governmental entities having
8 policymaking authority regarding natural resources, [is authorized to] may engage in studies and
9 comprehensive planning for the development and conservation of the state's natural resources.
10 [Such plans shall be submitted]
11 (b) The executive director shall submit any plans to the governor for review and approval.
12 Section 24. Section 63-75-5 (Effective 07/01/97) is amended to read:
13 63-75-5 (Effective 07/01/97). Steering committee -- Membership -- Duties.
14 (1) As used in this section, "Council of Mental Health Programs" means a council
15 consisting of all of the directors of Utah public mental health centers.
16 [(1)] (2) There is established a Families, Agencies, and Communities Together Steering
17 Committee.
18 [(2)] (3) The steering committee shall include at least 19 voting members as follows:
19 (a) the director of the Division of Health Care Financing within the Department of Health;
20 (b) a representative annually designated by the Council of Mental Health Programs;
21 (c) the director of the Division of Substance Abuse within the Department of Human
22 Services;
23 (d) the director of the Division of Youth Corrections within the Department of Human
24 Services;
25 (e) the state director of special education;
26 (f) the person responsible for programs for at risk students within the Utah State Office
27 of Education, if that person is not the state director of special education;
28 (g) the Juvenile Court Administrator;
29 (h) a representative annually designated by substance abuse directors;
30 (i) the director of the Division of Child and Family Services within the Department of
31 Human Services;

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1 (j) the director of the Division of Mental Health within the Department of Human
2 Services;
3 (k) the director of family health services programs;
4 (l) a representative annually designated by the Utah School Superintendents Association;
5 (m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
6 (n) a representative annually designated by the local health officers;
7 (o) the director of the Division of Employment Development;
8 (p) three at-large members appointed by a majority of the committee to four-year terms,
9 who represent a statewide perspective on children and youth issues; and
10 (q) parent representatives appointed by members specified in Subsections (a) through (p).
11 [(3)] (4) Additional members may be selected by a majority of the committee to serve as
12 voting members for four-year terms.
13 [(4)] (5) (a) Except as required by Subsection (b), as terms of current at-large committee
14 members expire, the committee shall appoint each new member or reappointed member to a
15 four-year term.
16 (b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time
17 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
18 committee members are staggered so that approximately half of the at-large committee members
19 are appointed every two years.
20 [(5)] (6) When a vacancy occurs in the membership for any reason, the replacement shall
21 be appointed for the unexpired term.
22 [(6)] (7) The members shall annually elect a chair and vice chair.
23 [(7)] (8) A majority of committee members are necessary to constitute a quorum and to
24 transact the business of the committee.
25 [(8)] (9) (a) (i) Members who are not government employees shall receive no
26 compensation or benefits for their services, but may receive per diem and expenses incurred in the
27 performance of the member's official duties at the rates established by the Division of Finance
28 under Sections 63A-3-106 and 63A-3-107.
29 (ii) Members may decline to receive per diem and expenses for their service.
30 (b) (i) State government officer and employee members who do not receive salary, per
31 diem, or expenses from their agency for their service may receive per diem and expenses incurred

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1 in the performance of their official duties from the committee at the rates established by the
2 Division of Finance under Sections 63A-3-106 and 63A-3-107.
3 (ii) State government officer and employee members may decline to receive per diem and
4 expenses for their service.
5 (c) (i) Local government members who do not receive salary, per diem, or expenses from
6 the entity that they represent for their service may receive per diem and expenses incurred in the
7 performance of their official duties at the rates established by the Division of Finance under
8 Sections 63A-3-106 and 63A-3-107.
9 (ii) Local government members may decline to receive per diem and expenses for their
10 service.
11 [(9)] (10) The committee shall:
12 (a) assist the council in fulfilling its duties set out in Section 63-75-4;
13 (b) monitor, solicit input for policy changes, and provide technical assistance to local
14 collaborative programs; and
15 (c) report any formal recommendations to the council.
16 Section 25. Section 63-75-5 (Superseded 07/01/97) is amended to read:
17 63-75-5 (Superseded 07/01/97). Steering committee -- Membership -- Duties.
18 (1) As used in this section, "Council of Mental Health Programs" means a council
19 consisting of all of the directors of Utah public mental health centers.
20 [(1)] (2) There is established a Families, Agencies, and Communities Together Steering
21 Committee.
22 [(2)] (3) The steering committee shall include at least 19 voting members as follows:
23 (a) the director of the Division of Health Care Financing within the Department of Health;
24 (b) a representative annually designated by the Council of Mental Health Programs;
25 (c) the director of the Division of Substance Abuse within the Department of Human
26 Services;
27 (d) the director of the Division of Youth Corrections within the Department of Human
28 Services;
29 (e) the state director of special education;
30 (f) the person responsible for programs for at risk students within the Utah State Office
31 of Education, if that person is not the state director of special education;

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1 (g) the Juvenile Court Administrator;
2 (h) a representative annually designated by substance abuse directors;
3 (i) the director of the Division of Child and Family Services within the Department of
4 Human Services;
5 (j) the director of the Division of Mental Health within the Department of Human
6 Services;
7 (k) the director of family health services programs;
8 (l) a representative annually designated by the Utah School Superintendents Association;
9 (m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
10 (n) a representative annually designated by the local health officers;
11 (o) the director of the Office of Family Support within the Department of Human Services;
12 (p) three at-large members appointed by a majority of the committee to four-year terms,
13 who represent a statewide perspective on children and youth issues; and
14 (q) parent representatives appointed by members specified in Subsections (a) through (p).
15 [(3)] (4) Additional members may be selected by a majority of the committee to serve as
16 voting members for four-year terms.
17 [(4)] (5) (a) Except as required by Subsection (b), as terms of current at-large committee
18 members expire, the committee shall appoint each new member or reappointed member to a
19 four-year term.
20 (b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time
21 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
22 committee members are staggered so that approximately half of the at-large committee members
23 are appointed every two years.
24 [(5)] (6) When a vacancy occurs in the membership for any reason, the replacement shall
25 be appointed for the unexpired term.
26 [(6)] (7) The members shall annually elect a chair and vice chair.
27 [(7)] (8) A majority of committee members are necessary to constitute a quorum and to
28 transact the business of the committee.
29 [(8)] (9) (a) (i) Members who are not government employees shall receive no
30 compensation or benefits for their services, but may receive per diem and expenses incurred in the
31 performance of the member's official duties at the rates established by the Division of Finance

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1 under Sections 63A-3-106 and 63A-3-107.
2 (ii) Members may decline to receive per diem and expenses for their service.
3 (b) (i) State government officer and employee members who do not receive salary, per
4 diem, or expenses from their agency for their service may receive per diem and expenses incurred
5 in the performance of their official duties from the committee at the rates established by the
6 Division of Finance under Sections 63A-3-106 and 63A-3-107.
7 (ii) State government officer and employee members may decline to receive per diem and
8 expenses for their service.
9 (c) (i) Local government members who do not receive salary, per diem, or expenses from
10 the entity that they represent for their service may receive per diem and expenses incurred in the
11 performance of their official duties at the rates established by the Division of Finance under
12 Sections 63A-3-106 and 63A-3-107.
13 (ii) Local government members may decline to receive per diem and expenses for their
14 service.
15 [(9)] (10) The committee shall:
16 (a) assist the council in fulfilling its duties set out in Section 63-75-4;
17 (b) monitor, solicit input for policy changes, and provide technical assistance to local
18 collaborative programs; and
19 (c) report any formal recommendations to the council.
20 Section 26. Section 63A-7-111 is amended to read:
21 63A-7-111. Utah Sports Advisory Committee.
22 (1) There is created the Utah Sports Advisory Committee.
23 (2) The advisory committee shall consist of the following 15 members:
24 (a) five representatives of the Utah League of Cities and Towns;
25 (b) two representatives of the Utah Association of Counties;
26 (c) two representatives of Salt Lake City, appointed by the mayor of Salt Lake City;
27 (d) three members of the Senate, appointed by the president of the Senate, not more than
28 two of whom may be from the same political party; and
29 (e) three members of the House of Representatives, appointed by the speaker of the House,
30 not more than two of whom may be from the same political party.
31 (3) The president of the Senate and the speaker of the House shall each appoint a legislator

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1 to serve as cochairs of the advisory committee.
2 (4) (a) Except as required by Subsection (b), each advisory committee member, except the
3 legislative members, shall serve a four-year term.
4 (b) Notwithstanding the requirements of Subsection (a), the [governor] appointing
5 authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure
6 that the terms of committee members are staggered so that approximately half of the committee
7 is appointed every two years.
8 (5) (a) If the member no longer serves in the Legislature, a vacancy is created.
9 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
10 appointed for the unexpired term in the same manner as the original appointment.
11 (c) An advisory committee member shall continue to hold office until the advisory
12 committee member's successor has been appointed and qualified.
13 (6) Any advisory committee member is eligible for reappointment but may not serve more
14 than four full consecutive terms.
15 (7) (a) The advisory committee shall meet at least quarterly and at other times at the call
16 of the cochairs.
17 (b) A majority of the membership on the advisory committee is required for a quorum to
18 conduct committee business. A majority vote of the quorum is required for any action to be taken
19 by the advisory committee.
20 (c) Any member of the advisory committee may attend, participate in discussions, and
21 review all materials presented in any of the meetings of the authority board.
22 (8) The staff to the advisory committee shall be from within the professional legislative
23 staff offices as determined by the president of the Senate and the speaker of the House.
24 (9) (a) (i) Members who are not government employees shall receive no compensation or
25 benefits for their services, but may receive per diem and expenses incurred in the performance of
26 the member's official duties at the rates established by the Division of Finance under Sections
27 63A-3-106 and 63A-3-107.
28 (ii) Members may decline to receive per diem and expenses for their service.
29 (b) (i) State government officer and employee members who do not receive salary, per
30 diem, or expenses from their agency for their service may receive per diem and expenses incurred
31 in the performance of their official duties from the committee at the rates established by the

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1 Division of Finance under Sections 63A-3-106 and 63A-3-107.
2 (ii) State government officer and employee members may decline to receive per diem and
3 expenses for their service.
4 (c) Legislators on the committee shall receive compensation and expenses as provided by
5 law and legislative rule.
6 (d) (i) Local government members who do not receive salary, per diem, or expenses from
7 the entity that they represent for their service may receive per diem and expenses incurred in the
8 performance of their official duties at the rates established by the Division of Finance under
9 Sections 63A-3-106 and 63A-3-107.
10 (ii) Local government members may decline to receive per diem and expenses for their
11 service.
12 Section 27. Section 63C-2-103 is amended to read:
13 63C-2-103. Terms of members -- Vacancies -- Term limitation.
14 (1) (a) Except as required by Subsection (b), as terms of current commission members
15 expire, the [governor] appointing authority shall appoint each new member or reappointed member
16 to a four-year term.
17 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
18 appointment or reappointment, adjust the length of terms to ensure that the terms of commission
19 members are staggered so that approximately half of the commission is appointed every two years.
20 (c) Terms shall expire on June 30 every two years.
21 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
22 appointed for the unexpired term.
23 (3) A member of the House or Senate who leaves office before the four-year term has
24 expired shall be replaced by their appointing authority.
25 (4) A member may not serve more than two consecutive terms.
26 Section 28. Section 73-18b-1 is amended to read:
27 73-18b-1. Water safety rules and regulations -- Adoption.
28 (1) The [Utah state park and recreation commission is hereby authorized and empowered
29 to] Board of Parks and Recreation may make[, adopt, promulgate, amend and repeal all] rules [and
30 regulations] necessary [or convenient] to promote safety in swimming, scuba diving, and related
31 activities on any waters where public boating is permitted. [In this connection, the]

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1 (2) The commission may consider recommendations of and cooperate with other state
2 agencies and the owners or operators of [said] those waters.
3 Section 29. Section 73-18b-3 is amended to read:
4 73-18b-3. Violation of regulations -- Misdemeanor.
5 Any person who violates any [regulations of the Utah state park and recreation
6 commission] rules made [pursuant to this act shall be deemed] by the Board of Parks and
7 Recreation under authority of this chapter is guilty of a class B misdemeanor.
8 Section 30. Section 73-18b-4 is amended to read:
9 73-18b-4. Enforcement of regulations.
10 [Enforcement of the regulations of the Utah state park and recreation commission made
11 pursuant to this act shall be by officers designated by the commission. Such]
12 (1) The Board of Parks and Recreation shall designate officers to enforce board rules made
13 under the authority of this chapter.
14 (2) Those officers [shall] have the same authority in making arrests and responsibility in
15 arrest procedures as they have in their other enforcement activities.
16 Section 31. Repealer.
17 This act repeals:
18 Section 62A-8-401, Alcohol Training and Education Advisory Commission -- Creation
19 -- Membership.
20 Section 62A-8-402, Responsibilities of commission -- Curriculum -- Sunset date.
21 Section 62A-8-403, Alcohol training and education seminar -- Requirements -- Fees.
22 Section 63-11-10, State park in vicinity of "This is the Place" Monument -- Eminent
23 domain -- Condemnation.
24 Section 73-13-1, Committee -- Selection -- Composition.
25 Section 73-13-2, Meeting and organization of committee.
26 Section 73-13-3, Duties of committee.
27 Section 73-13-4, Rights and prerogatives of committee.
28 Section 73-13-5, Traveling and other expenses of committee.
29 Section 73-13-6, Appropriations.
30 Section 73-13-7, Chairman of committee.
31 Section 73-13-8, Title of committee.

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1 Section 32. Effective date.
2 This act takes effect on May 5, 1997, except that Sections 35A-8-205, 53-7-203, and
3 63-75-5 take effect on July 1, 1997 due to the effective date of H.B. 375, Department of Workforce
4 Services, from the 1996 Annual General Session..

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