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H.B. 27
This document includes House Floor Amendments incorporated into the bill on Tue, Jan
26, 2010 at 11:50 AM by lerror. -->
1
PER DIEM AND TRAVEL EXPENSE
2
MODIFICATIONS
3
2010 GENERAL SESSION
4
STATE OF UTAH
5
Chief Sponsor: Craig A. Frank
6
Senate Sponsor:
Peter C. Knudson
7
8
LONG TITLE
9
Committee Note:
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The Government Operations and Political Subdivisions Interim Committee
11
recommended this bill.
12
General Description:
13
This bill modifies per diem and travel expense language used for boards, commissions,
14
councils, and committees.
15
Highlighted Provisions:
16
This bill:
17
. replaces language used to describe per diem and travel expenses for members of
18
boards, commissions, councils, and committees with standardized language
19
referencing primary provisions for per diem and travel expenses; and
20
. makes technical changes.
21
Monies Appropriated in this Bill:
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None
23
Other Special Clauses:
24
None
25
Utah Code Sections Affected:
26
AMENDS:
27
4-2-7, as last amended by Laws of Utah 2005, Chapter 175
28
4-2-8, as last amended by Laws of Utah 1993, Chapter 212
29
4-14-10, as last amended by Laws of Utah 1997, Chapter 82
30
4-17-3.5, as last amended by Laws of Utah 1997, Chapter 82
31
4-18-4, as last amended by Laws of Utah 2008, Chapter 156
32
4-20-1.5, as last amended by Laws of Utah 2008, Chapters 360 and 382
33
4-22-3, as last amended by Laws of Utah 1996, Chapter 243
34
4-23-4, as last amended by Laws of Utah 1996, Chapter 243
35
4-24-4, as last amended by Laws of Utah 1996, Chapter 243
36
4-30-2, as last amended by Laws of Utah 1999, Chapter 298
37
4-35-3, as last amended by Laws of Utah 1996, Chapter 243
38
4-37-503, as last amended by Laws of Utah 2008, Chapter 69
39
4-37-602, as last amended by Laws of Utah 2008, Chapter 382
40
4-38-3, as last amended by Laws of Utah 1997, Chapter 82
41
4-39-104, as enacted by Laws of Utah 1997, Chapter 302
42
7-1-203, as last amended by Laws of Utah 2006, Chapter 14
43
7-3-40, as enacted by Laws of Utah 2000, Chapter 260
44
7-9-43, as last amended by Laws of Utah 1996, Chapter 243
45
9-1-803, as last amended by Laws of Utah 2009, Chapter 59
46
9-3-403, as last amended by Laws of Utah 2009, Chapter 356
47
9-4-304, as last amended by Laws of Utah 2005, Chapters 130 and 148
48
9-4-503, as last amended by Laws of Utah 2005, Chapter 170
49
9-4-703, as last amended by Laws of Utah 2006, Chapter 14
50
9-4-801, as last amended by Laws of Utah 2005, Chapter 148
51
9-4-904, as last amended by Laws of Utah 2006, Chapter 23
52
9-6-204, as last amended by Laws of Utah 2002, Chapter 176
53
9-6-305, as last amended by Laws of Utah 1996, Chapter 243
54
9-6-604, as renumbered and amended by Laws of Utah 2006, Chapter 24
55
9-6-704, as enacted by Laws of Utah 2006, Chapter 229
56
9-7-204, as last amended by Laws of Utah 1996, Chapters 194 and 243
57
9-8-204, as last amended by Laws of Utah 2002, Chapter 176
58
9-9-104.5, as last amended by Laws of Utah 2006, Chapters 14 and 118
59
9-9-104.6, as last amended by Laws of Utah 2006, Chapter 118
60
9-9-405, as last amended by Laws of Utah 2008, Chapter 114
61
9-10-103, as last amended by Laws of Utah 1996, Chapter 243
62
9-11-105, as last amended by Laws of Utah 2008, Chapters 202 and 382
63
10-6-153, as last amended by Laws of Utah 2003, Chapter 292
64
11-38-201, as last amended by Laws of Utah 2005, Chapter 138
65
13-14-103, as last amended by Laws of Utah 2008, Chapter 362
66
13-35-103, as last amended by Laws of Utah 2005, Chapter 268
67
13-43-202, as enacted by Laws of Utah 2006, Chapter 258
68
17-36-5, as last amended by Laws of Utah 1996, Chapters 212 and 243
69
17B-1-307, as renumbered and amended by Laws of Utah 2007, Chapter 329
70
19-2-103, as last amended by Laws of Utah 2009, Chapter 356
71
19-2-109.2, as last amended by Laws of Utah 1996, Chapter 243
72
19-3-103, as last amended by Laws of Utah 2002, Chapters 176 and 297
73
19-4-103, as last amended by Laws of Utah 2008, Chapter 250
74
19-5-103, as last amended by Laws of Utah 2008, Chapters 250 and 336
75
19-6-103, as last amended by Laws of Utah 2002, Chapter 176
76
19-9-104, as last amended by Laws of Utah 2005, Chapter 148
77
20A-5-402.7, as enacted by Laws of Utah 2005, First Special Session, Chapter 5
78
23-14-2, as last amended by Laws of Utah 2009, Chapter 344
79
23-14-2.6, as last amended by Laws of Utah 1997, Chapter 276
80
26-1-7.5, as last amended by Laws of Utah 2009, Chapter 75
81
26-8a-103, as last amended by Laws of Utah 2001, Chapter 228
82
26-9f-103, as last amended by Laws of Utah 2009, Chapter 75
83
26-10-6, as last amended by Laws of Utah 1998, Chapter 162
84
26-18-102, as last amended by Laws of Utah 1996, Chapter 243
85
26-18a-2, as last amended by Laws of Utah 2009, Chapter 75
86
26-21-4, as repealed and reenacted by Laws of Utah 1996, Chapter 243
87
26-33a-103, as last amended by Laws of Utah 2006, Chapter 14
88
26-40-104, as last amended by Laws of Utah 2001, Chapters 53 and 116
89
26-46-103, as last amended by Laws of Utah 2009, Chapter 97
90
26-50-202, as last amended by Laws of Utah 2009, Chapter 75
91
31A-2-403, as last amended by Laws of Utah 2008, Chapter 345
92
31A-29-104, as last amended by Laws of Utah 2007, Chapter 40
93
31A-35-201, as last amended by Laws of Utah 2007, Chapter 307
94
32A-1-106, as last amended by Laws of Utah 2007, Chapter 284
95
34-20-3, as last amended by Laws of Utah 2002, Chapter 176
96
34A-2-107, as last amended by Laws of Utah 2009, Chapter 85
97
34A-5-105, as last amended by Laws of Utah 2003, Chapter 65
98
34A-6-106, as last amended by Laws of Utah 2002, Chapter 104
99
35A-1-205, as last amended by Laws of Utah 2006, Chapter 139
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35A-1-206, as last amended by Laws of Utah 2005, Chapter 148
101
35A-2-103, as last amended by Laws of Utah 2002, Chapter 58
102
35A-3-205, as last amended by Laws of Utah 2005, Chapters 81 and 148
103
35A-4-502, as last amended by Laws of Utah 2008, Chapter 382
104
36-2-4, as last amended by Laws of Utah 2003, Chapter 16
105
36-23-104, as last amended by Laws of Utah 2008, Chapter 218
106
36-26-102, as last amended by Laws of Utah 2007, Chapter 306
107
39-2-1, as last amended by Laws of Utah 1997, Chapter 10
108
40-2-203, as enacted by Laws of Utah 2008, Chapter 113
109
40-2-204, as renumbered and amended by Laws of Utah 2008, Chapter 113
110
40-6-4, as last amended by Laws of Utah 2009, Chapter 344
111
41-3-106, as last amended by Laws of Utah 1996, Chapter 243
112
49-11-202, as last amended by Laws of Utah 2003, Chapter 240
113
51-7-16, as last amended by Laws of Utah 2002, Chapter 176
114
51-7a-301, as enacted by Laws of Utah 2006, Chapter 277
115
53-2-108, as last amended by Laws of Utah 2007, Chapter 66
116
53-3-303, as last amended by Laws of Utah 2001, Chapter 85
117
53-3-908, as last amended by Laws of Utah 1996, Chapter 243
118
53-5-703, as last amended by Laws of Utah 1997, Chapters 10 and 280
119
53-6-106, as last amended by Laws of Utah 2003, Chapter 292
120
53-7-203, as last amended by Laws of Utah 2001, Chapter 25
121
53-7-304, as last amended by Laws of Utah 2001, Chapter 25
122
53-8-203, as last amended by Laws of Utah 2008, Chapter 251
123
53-9-104, as last amended by Laws of Utah 1998, Chapter 212
124
53-11-104, as enacted by Laws of Utah 1998, Chapter 257
125
53A-1-202, as last amended by Laws of Utah 1997, Chapter 314
126
53A-1a-501.5, as enacted by Laws of Utah 2004, Chapter 251
127
53A-1a-602, as last amended by Laws of Utah 2008, Chapter 382
128
53A-6-802, as enacted by Laws of Utah 2008, Chapter 144
129
53A-20b-103, as enacted by Laws of Utah 2007, Chapter 167
130
53A-25b-203, as enacted by Laws of Utah 2009, Chapter 294
131
53B-1-104, as last amended by Laws of Utah 2009, Chapter 346
132
53B-2-104, as last amended by Laws of Utah 2007, Chapter 356
133
53B-2a-103, as last amended by Laws of Utah 2009, Chapter 346
134
53B-2a-109, as last amended by Laws of Utah 2009, Chapter 346
135
53B-6-105.5, as last amended by Laws of Utah 2009, Chapter 210
136
53B-17-102, as last amended by Laws of Utah 2006, Chapter 150
137
53B-17-803, as enacted by Laws of Utah 2007, Chapter 232
138
53C-1-203, as last amended by Laws of Utah 2000, Chapter 237
139
54-8a-13, as enacted by Laws of Utah 2008, Chapter 344
140
54-10a-202, as renumbered and amended by Laws of Utah 2009, Chapter 237
141
54-14-301, as last amended by Laws of Utah 2007, Chapter 242
142
58-1-201, as last amended by Laws of Utah 1997, Chapter 10
143
58-1-402, as last amended by Laws of Utah 2008, Chapter 382
144
58-54-3, as last amended by Laws of Utah 1996, Chapters 232 and 243
145
58-55-103, as last amended by Laws of Utah 2009, Chapter 183
146
58-56-5, as last amended by Laws of Utah 2009, Chapter 339
147
59-1-905, as last amended by Laws of Utah 1996, Chapter 243
148
61-1-18.5, as last amended by Laws of Utah 2009, Chapter 351
149
61-2-5.5, as last amended by Laws of Utah 2008, Chapter 387
150
61-2b-7, as last amended by Laws of Utah 2007, Chapter 325
151
61-2c-104, as last amended by Laws of Utah 2009, Chapters 352 and 372
152
62A-1-107, as last amended by Laws of Utah 2009, Chapter 75
153
62A-3-107, as last amended by Laws of Utah 2009, Chapter 75
154
62A-4a-311, as last amended by Laws of Utah 2009, Chapter 75
155
62A-5a-103, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
156
62A-7-501, as renumbered and amended by Laws of Utah 2005, Chapter 13
157
62A-15-605, as last amended by Laws of Utah 2003, Chapter 171
158
63A-3-403, as last amended by Laws of Utah 2009, Chapter 310
159
63A-5-101, as last amended by Laws of Utah 2003, Chapter 16
160
63A-9-301, as last amended by Laws of Utah 2003, Chapter 5
161
63B-1-201, as last amended by Laws of Utah 1996, Chapter 243
162
63B-1-304, as renumbered and amended by Laws of Utah 2003, Chapter 86
163
63C-4-101, as last amended by Laws of Utah 2009, Chapter 121
164
63C-6-103, as last amended by Laws of Utah 1996, Chapter 243
165
63C-8-103, as enacted by Laws of Utah 1997, Chapter 202
166
63C-9-202, as last amended by Laws of Utah 2006, Chapter 256
167
63C-9-702, as last amended by Laws of Utah 2003, Chapter 66
168
63C-10-102, as last amended by Laws of Utah 2008, Chapter 33
169
63C-11-201, as repealed and reenacted by Laws of Utah 2009, Chapter 369
170
63F-1-202, as enacted by Laws of Utah 2005, Chapter 169
171
63G-2-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
172
63G-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
173
63G-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
174
63G-6-807, as renumbered and amended by Laws of Utah 2008, Chapter 382
175
63H-2-202, as enacted by Laws of Utah 2009, Chapter 378
176
63I-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 147
177
63J-4-502, as last amended by Laws of Utah 2009, Chapter 344
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63K-3-201, as last amended by Laws of Utah 2009, Chapter 65
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63K-3-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
180
63M-1-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
181
63M-1-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
182
63M-1-1205, as last amended by Laws of Utah 2008, Chapter 18 and renumbered and
183
amended by Laws of Utah 2008, Chapter 382
184
63M-1-1402, as renumbered and amended by Laws of Utah 2008, Chapter 382
185
63M-1-1503, as renumbered and amended by Laws of Utah 2008, Chapter 382
186
63M-1-2611, as enacted by Laws of Utah 2008, Chapter 352
187
63M-1-2706, as enacted by Laws of Utah 2008, Chapter 50
188
63M-2-301, as last amended by Laws of Utah 2009, Chapter 242
189
63M-2-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
190
63M-7-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
191
63M-7-304, as last amended by Laws of Utah 2008, Chapter 31 and renumbered and
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amended by Laws of Utah 2008, Chapter 382
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63M-7-405, as renumbered and amended by Laws of Utah 2008, Chapter 382
194
63M-7-504, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
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amended by Laws of Utah 2008, Chapter 382
196
63M-8-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
197
63M-9-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
198
63M-9-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
199
65A-1-3, as last amended by Laws of Utah 2009, Chapter 344
200
65A-8-306, as renumbered and amended by Laws of Utah 2007, Chapter 136
201
67-1-8.1, as last amended by Laws of Utah 1996, Chapter 243
202
67-1a-10, as enacted by Laws of Utah 2006, Chapter 142
203
67-5a-8, as last amended by Laws of Utah 2008, Chapter 382
204
67-8-4, as last amended by Laws of Utah 2007, Chapter 34
205
67-19a-201, as last amended by Laws of Utah 1996, Chapters 194 and 243
206
67-19d-202, as enacted by Laws of Utah 2007, Chapter 99
207
68-4-5, as last amended by Laws of Utah 2007, Chapter 91
208
68-4-9, as last amended by Laws of Utah 2007, Chapter 91
209
71-7-4, as last amended by Laws of Utah 2007, Chapter 173
210
71-8-4, as last amended by Laws of Utah 2007, Chapter 173
211
71-11-7, as last amended by Laws of Utah 2007, Chapter 173
212
72-1-301, as last amended by Laws of Utah 2009, Chapter 364
213
72-4-302, as last amended by Laws of Utah 2009, Chapter 393
214
72-6-115, as last amended by Laws of Utah 2001, Chapter 27
215
72-9-201, as renumbered and amended by Laws of Utah 1998, Chapter 270
216
72-11-204, as last amended by Laws of Utah 2009, Chapter 344
217
73-10-2, as last amended by Laws of Utah 2009, Chapter 344
218
73-10c-3, as last amended by Laws of Utah 2005, Chapter 148
219
73-16-4, as last amended by Laws of Utah 1983, Chapter 320
220
H. [
77-27-2, as last amended by Laws of Utah 2002, Chapter 176
] .H
221
77-32-401, as last amended by Laws of Utah 2000, Chapter 1
222
77-32-401.5, as last amended by Laws of Utah 2004, Chapter 90
223
78A-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 3
224
78A-6-1208, as renumbered and amended by Laws of Utah 2008, Chapter 3
225
78A-12-202, as enacted by Laws of Utah 2008, Chapter 248
226
78B-3-416, as renumbered and amended by Laws of Utah 2008, Chapter 3
227
79-3-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
228
79-4-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
229
79-5-202, as renumbered and amended by Laws of Utah 2009, Chapter 344
230
REPEALS AND REENACTS:
231
26-39-202, as enacted by Laws of Utah 2008, Chapter 111
232
63C-12-105, as enacted by Laws of Utah 2009, Chapter 262
233
63I-3-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
234
63M-7-207, as renumbered and amended by Laws of Utah 2008, Chapter 382
235
63M-7-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
236
63M-11-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
237
67-5a-3, as repealed and reenacted by Laws of Utah 1996, Chapter 243
238
78A-10-205, as enacted by Laws of Utah 2008, Chapter 3
239
78A-10-305, as enacted by Laws of Utah 2008, Chapter 3
240
78A-11-104, as enacted by Laws of Utah 2008, Chapter 3
241
78B-12-403, as enacted by Laws of Utah 2008, Chapter 3
242
243
Be it enacted by the Legislature of the state of Utah:
244
Section 1.
Section
4-2-7
is amended to read:
245
4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility --
246
Terms of office -- Compensation.
247
(1) There is created the Agricultural Advisory Board composed of 13 members
248
representing each of the following:
249
(a) Utah Farm Bureau Federation;
250
(b) Utah Farmers Union;
251
(c) Utah Cattlemen's Association;
252
(d) Utah Wool Growers' Association;
253
(e) Utah Dairymen's Association;
254
(f) Utah Pork Producer's Association;
255
(g) Utah Veterinary Medical Association;
256
(h) Livestock Auction Marketing Association;
257
(i) Utah Association of Conservation Districts;
258
(j) the Utah horse industry;
259
(k) the food processing industry;
260
(l) manufacturers of food supplements; and
261
(m) a consumer affairs group.
262
(2) The Agricultural Advisory Board shall advise the commissioner regarding the
263
planning, implementation, and administration of the department's programs.
264
(3) (a) Except as required by Subsection (3)(c), members are appointed by the
265
commissioner to four-year terms of office.
266
(b) Representatives of the organizations cited in Subsections (1)(a) through [(1)] (h)
267
shall be appointed to the Agricultural Advisory Board by the commissioner from a list of
268
nominees submitted by each organization.
269
(c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
270
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
271
board members are staggered so that approximately half of the board is appointed every two
272
years.
273
(d) Members may be removed at the discretion of the commissioner upon the request
274
of the group they represent.
275
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
276
appointed for the unexpired term.
277
(4) The board shall elect one member to serve as chair of the Agricultural Advisory
278
Board for a term of one year.
279
(5) (a) The board shall meet four times annually, but may meet more often at the
280
discretion of the chair.
281
(b) Attendance of seven members at a duly called meeting constitutes a quorum for the
282
transaction of official business.
283
[(6) (a) Members shall receive no compensation or benefits for their services, but may
284
receive per diem and expenses incurred in the performance of the member's official duties at
285
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
286
[(b) Members may decline to receive per diem and expenses for their service.]
287
(6) A member may not receive compensation or benefits for the member's service, but
288
may receive per diem and travel expenses in accordance with:
289
(a) Section
63A-3-106
;
290
(b) Section
63A-3-107
; and
291
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
292
63A-3-107
.
293
Section 2.
Section
4-2-8
is amended to read:
294
4-2-8. Temporary advisory committees -- Appointment -- Compensation.
295
(1) The commissioner may request the governor to appoint other advisory committees
296
on a temporary basis to offer technical advice to the department. [Members of any such]
297
(2) A member of a committee [shall serve] serves at the pleasure of the commissioner
298
[and be compensated at the rates established by the director of the Division of Finance under
299
Sections
63A-3-106
and
63A-3-107
].
300
(3) A member may not receive compensation or benefits for the member's service, but
301
may receive per diem and travel expenses in accordance with:
302
(a) Section
63A-3-106
;
303
(b) Section
63A-3-107
; and
304
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
305
63A-3-107
.
306
Section 3.
Section
4-14-10
is amended to read:
307
4-14-10. Pesticide Committee created -- Composition -- Terms -- Compensation --
308
Duties.
309
(1) There is created a Pesticide Committee comprising nine persons appointed by the
310
governor to four-year terms of office, one member from each of the following state agencies
311
and organizations:
312
(a) Utah State Agricultural Extension Service;
313
(b) Department of Agriculture and Food;
314
(c) Department of Health;
315
(d) Division of Wildlife Resources;
316
(e) Department of Environmental Quality;
317
(f) Utah Pest Control Association;
318
(g) agricultural chemical industry;
319
(h) Utah Farmers Union; and
320
(i) Utah Farm Bureau Federation.
321
(2) Notwithstanding the requirements of Subsection (1), the governor shall, at the time
322
of appointment or reappointment, adjust the length of terms to ensure that the terms of
323
committee members are staggered so that approximately half of the committee is appointed
324
every two years.
325
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
326
appointed for the unexpired term.
327
(4) The committee shall elect one of its members to serve as chair. The chair is
328
responsible for the call and conduct of meetings of the Pesticide Committee.
329
(5) Attendance of a simple majority of the members constitutes a quorum for the
330
transaction of official business.
331
[(6) (a) (i) Members who are not government employees shall receive no compensation
332
or benefits for their services, but may receive per diem and expenses incurred in the
333
performance of the member's official duties at the rates established by the Division of Finance
334
under Sections
63A-3-106
and
63A-3-107
.]
335
[(ii) Members may decline to receive per diem and expenses for their service.]
336
[(b) (i) State government officer and employee members who do not receive salary, per
337
diem, or expenses from their agency for their service may receive per diem and expenses
338
incurred in the performance of their official duties from the committee at the rates established
339
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
340
[(ii) State government officer and employee members may decline to receive per diem
341
and expenses for their service.]
342
[(c) (i) Higher education members who do not receive salary, per diem, or expenses
343
from the entity that they represent for their service may receive per diem and expenses incurred
344
in the performance of their official duties from the committee at the rates established by the
345
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
346
[(ii) Higher education members may decline to receive per diem and expenses for their
347
service.]
348
(6) A member may not receive compensation or benefits for the member's service, but
349
may receive per diem and travel expenses in accordance with:
350
(a) Section
63A-3-106
;
351
(b) Section
63A-3-107
; and
352
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
353
63A-3-107
.
354
(7) The Pesticide Committee shall make recommendations to the commissioner
355
regarding making rules pertaining to the sale, distribution, use, and disposal of pesticides.
356
Section 4.
Section
4-17-3.5
is amended to read:
357
4-17-3.5. Creation of State Weed Committee -- Membership -- Powers and duties
358
-- Expenses.
359
(1) There is created a State Weed Committee composed of five members, one member
360
representing each of the following:
361
(a) the Department of Agriculture and Food;
362
(b) the Utah State University Agricultural Experiment Station;
363
(c) the Utah State University Extension Service;
364
(d) the Utah Association of Counties; and
365
(e) private agricultural industry.
366
(2) The commissioner shall select the members of the committee from those nominated
367
by each of the respective groups or agencies following approval by the Agricultural Advisory
368
Board.
369
(3) (a) Except as required by Subsection (3)(b), as terms of current committee members
370
expire, the commissioner shall appoint each new member or reappointed member to a four-year
371
term.
372
(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
373
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
374
committee members are staggered so that approximately half of the committee is appointed
375
every two years.
376
(4) (a) Members may be removed by the commissioner for cause.
377
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
378
appointed for the unexpired term.
379
(5) The State Weed Committee shall:
380
(a) confer and advise on matters pertaining to the planning, implementation, and
381
administration of the state noxious weed program;
382
(b) recommend names for membership on the committee; and
383
(c) serve as members of the executive committee of the Utah Weed Control
384
Association.
385
[(6) (a) (i) Members who are not government employees shall receive no compensation
386
or benefits for their services, but may receive per diem and expenses incurred in the
387
performance of the member's official duties at the rates established by the Division of Finance
388
under Sections
63A-3-106
and
63A-3-107
.]
389
[(ii) Members may decline to receive per diem and expenses for their service.]
390
[(b) (i) State government officer and employee members who do not receive salary, per
391
diem, or expenses from their agency for their service may receive per diem and expenses
392
incurred in the performance of their official duties from the committee at the rates established
393
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
394
[(ii) State government officer and employee members may decline to receive per diem
395
and expenses for their service.]
396
[(c) (i) Higher education members who do not receive salary, per diem, or expenses
397
from the entity that they represent for their service may receive per diem and expenses incurred
398
in the performance of their official duties from the committee at the rates established by the
399
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
400
[(ii) Higher education members may decline to receive per diem and expenses for their
401
service.]
402
[(d) (i) Local government members who do not receive salary, per diem, or expenses
403
from the entity that they represent for their service may receive per diem and expenses incurred
404
in the performance of their official duties at the rates established by the Division of Finance
405
under Sections
63A-3-106
and
63A-3-107
.]
406
[(ii) Local government members may decline to receive per diem and expenses for
407
their service.]
408
(6) A member may not receive compensation or benefits for the member's service, but
409
may receive per diem and travel expenses in accordance with:
410
(a) Section
63A-3-106
;
411
(b) Section
63A-3-107
; and
412
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
413
63A-3-107
.
414
Section 5.
Section
4-18-4
is amended to read:
415
4-18-4. Conservation Commission created -- Composition -- Appointment --
416
Terms -- Compensation -- Attorney general to provide legal assistance.
417
(1) There is created within the department the Conservation Commission to perform
418
the functions specified in this chapter.
419
(2) The Conservation Commission shall be comprised of 16 members, including:
420
(a) the director of the Extension Service at Utah State University or the director's
421
designee;
422
(b) the president of the Utah Association of Conservation Districts or the president's
423
designee;
424
(c) the commissioner or the commissioner's designee;
425
(d) the executive director of the Department of Natural Resources or the executive
426
director's designee;
427
(e) the executive director of the Department of Environmental Quality or the executive
428
director's designee;
429
(f) the chair and the vice chair of the State Grazing Advisory Board created in Section
430
4-20-1.5
;
431
(g) the president of the County Weed Supervisors Association;
432
(h) seven district supervisors who provide district representation on the commission on
433
a multicounty basis; and
434
(i) the director of the School and Institutional Trust Lands Administration or the
435
director's designee.
436
(3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
437
place of the district supervisor for that meeting.
438
(4) The members of the commission specified in Subsection (2)(h) shall:
439
(a) be recommended by the commission to the governor; and
440
(b) be appointed by the governor with the consent of the Senate.
441
(5) (a) Except as required by Subsection (5)(b), as terms of current commission
442
members expire, the governor shall appoint each new member or reappointed member to a
443
four-year term.
444
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
445
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
446
commission members are staggered so that approximately half of the commission is appointed
447
every two years.
448
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
449
appointed for the unexpired term.
450
(7) The commissioner is chair of the commission.
451
(8) Attendance of a majority of the commission members at a meeting constitutes a
452
quorum.
453
[(9) (a) (i) A member who is not a government employee may not receive
454
compensation or benefits for the member's service, but may receive per diem and expenses
455
incurred in the performance of the member's official duties at the rates established by the
456
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
457
[(ii) A member may decline to receive per diem and expenses for the member's
458
service.]
459
[(b) (i) A state government officer and employee member who does not receive salary,
460
per diem, or expenses from the agency the member represents for the member's service may
461
receive per diem and expenses incurred in the performance of the member's official duties at
462
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
463
[(ii) A state government officer and employee member may decline to receive per diem
464
and expenses for the member's service.]
465
[(c) (i) A higher education member who does not receive salary, per diem, or expenses
466
from the entity that the member represents for the member's service may receive per diem and
467
expenses incurred in the performance of the member's official duties from the committee at the
468
rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
469
[(ii) A higher education member may decline to receive per diem and expenses for the
470
member's service.]
471
[(d) (i) A local government member who does not receive salary, per diem, or expenses
472
from the entity that the member represents for the member's service may receive per diem and
473
expenses incurred in the performance of the member's official duties at the rates established by
474
the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
475
[(ii) A local government member may decline to receive per diem and expenses for the
476
member's service.]
477
(9) A member may not receive compensation or benefits for the member's service, but
478
may receive per diem and travel expenses in accordance with:
479
(a) Section
63A-3-106
;
480
(b) Section
63A-3-107
; and
481
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
482
63A-3-107
.
483
(10) The commission shall keep a record of its actions.
484
(11) The attorney general shall provide legal services to the commission upon request.
485
Section 6.
Section
4-20-1.5
is amended to read:
486
4-20-1.5. State Grazing Advisory Board -- Duties.
487
(1) (a) There is created within the department the State Grazing Advisory Board.
488
(b) The commissioner shall appoint the following members:
489
(i) one member from each regional board;
490
(ii) one member from the Conservation Commission created in Section
4-18-4
;
491
(iii) one representative of the Department of Natural Resources;
492
(iv) two livestock producers at-large; and
493
(v) one representative of the oil, gas, or mining industry.
494
(2) The term of office for a state board member is four years.
495
(3) Members of the state board shall elect a chair, who shall serve for two years.
496
[(4) (a) (i) A member who is not a government employee may not receive
497
compensation or benefits for the member's service, but may receive per diem and expenses
498
incurred in the performance of the member's official duties at the rates established by the
499
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
500
[(ii) A member may decline to receive per diem and expenses for the member's
501
service.]
502
[(b) (i) A state government officer and employee member who does not receive salary,
503
per diem, or expenses from the agency the member represents for the member's service may
504
receive per diem and expenses incurred in the performance of the member's official duties at
505
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
506
[(ii) A state government officer and employee member may decline to receive per diem
507
and expenses for the member's service.]
508
[(c) (i) A local government member who does not receive salary, per diem, or expenses
509
from the entity that the member represents for the member's service may receive per diem and
510
expenses incurred in the performance of the member's official duties at the rates established by
511
the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
512
[(ii) A local government member may decline to receive per diem and expenses for the
513
member's service.]
514
(4) A member may not receive compensation or benefits for the member's service, but
515
may receive per diem and travel expenses in accordance with:
516
(a) Section
63A-3-106
;
517
(b) Section
63A-3-107
; and
518
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
519
63A-3-107
.
520
(5) The state board shall:
521
(a) receive:
522
(i) advice and recommendations from a regional board concerning:
523
(A) management plans for public lands, state lands, and school and institutional trust
524
lands as defined in Section
53C-1-103
, within the regional board's region; and
525
(B) any issue that impacts grazing on private lands, public lands, state lands, or school
526
and institutional trust lands as defined in Section
53C-1-103
, in its region; and
527
(ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
528
through (iv);
529
(b) recommend state policy positions and cooperative agency participation in federal
530
and state land management plans to the department and to the Public Lands Policy
531
Coordinating Office created under Section
63J-4-602
; and
532
(c) advise the department on the requests and recommendations of:
533
(i) regional boards;
534
(ii) county weed control boards created under Section
4-17-4
;
535
(iii) cooperative weed management associations; and
536
(iv) conservation districts created under the authority of Title 17D, Chapter 3,
537
Conservation District Act.
538
Section 7.
Section
4-22-3
is amended to read:
539
4-22-3. Commission -- Organization -- Quorum to transact business -- Vacancies
540
-- Ineligibility to serve -- Compensation.
541
(1) The members of the commission shall elect a chair, vice chair, and secretary from
542
among their number.
543
(2) Attendance of a simple majority of the commission members at a called meeting
544
shall constitute a quorum for the transaction of official business.
545
(3) The commission shall meet:
546
(a) at the time and place designated by the chair; and
547
(b) no less often than once every three months.
548
(4) Vacancies which occur on the commission for any reason shall be filled for the
549
unexpired term of the vacated member by appointment of a majority of the remaining
550
members.
551
(5) If a member moves from the district that he represents or ceases to act as a producer
552
during his term of office, he must resign from the commission within 30 days after moving
553
from the district or ceasing production.
554
[(6) (a) (i) Members who are not government employees shall receive no compensation
555
or benefits for their services, but may receive per diem and expenses incurred in the
556
performance of the member's official duties at the rates established by the Division of Finance
557
under Sections
63A-3-106
and
63A-3-107
.]
558
[(ii) Members may decline to receive per diem and expenses for their service.]
559
[(b) (i) State government officer and employee members who do not receive salary, per
560
diem, or expenses from their agency for their service may receive per diem and expenses
561
incurred in the performance of their official duties from the commission at the rates established
562
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
563
[(ii) State government officer and employee members may decline to receive per diem
564
and expenses for their service.]
565
[(c) (i) Higher education members who do not receive salary, per diem, or expenses
566
from the entity that they represent for their service may receive per diem and expenses incurred
567
in the performance of their official duties from the committee at the rates established by the
568
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
569
[(ii) Higher education members may decline to receive per diem and expenses for their
570
service.]
571
(6) A member may not receive compensation or benefits for the member's service, but
572
may receive per diem and travel expenses in accordance with:
573
(a) Section
63A-3-106
;
574
(b) Section
63A-3-107
; and
575
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
576
63A-3-107
.
577
Section 8.
Section
4-23-4
is amended to read:
578
4-23-4. Agricultural and Wildlife Damage Prevention Board created --
579
Composition -- Appointment -- Terms -- Vacancies -- Compensation.
580
(1) There is created an Agricultural and Wildlife Damage Prevention Board composed
581
of the commissioner and the director of the Division of Wildlife Resources, who shall serve,
582
respectively, as the board's chair and vice chair, together with seven other members appointed
583
by the governor to four-year terms of office as follows:
584
(a) one sheep producer representing wool growers of the state;
585
(b) one cattle producer representing range cattle producers of the state;
586
(c) one person from the United States Department of Agriculture;
587
(d) one agricultural landowner representing agricultural landowners of the state;
588
(e) one person representing wildlife interests in the state;
589
(f) one person from the United States Forest Service; and
590
(g) one person from the United States Bureau of Land Management.
591
(2) Appointees' term of office shall commence June 1.
592
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
593
expire, the governor shall appoint each new member or reappointed member to a four-year
594
term.
595
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
596
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
597
board members are staggered so that approximately half of the board is appointed every two
598
years.
599
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
600
appointed for the unexpired term.
601
(5) Attendance of five members at a duly called meeting shall constitute a quorum for
602
the transaction of official business. The board shall convene at the times and places prescribed
603
by the chair or vice chair.
604
[(6) (a) (i) Members who are not government employees shall receive no compensation
605
or benefits for their services, but may receive per diem and expenses incurred in the
606
performance of the member's official duties at the rates established by the Division of Finance
607
under Sections
63A-3-106
and
63A-3-107
.]
608
[(ii) Members may decline to receive per diem and expenses for their service.]
609
[(b) (i) State government officer and employee members who do not receive salary, per
610
diem, or expenses from their agency for their service may receive per diem and expenses
611
incurred in the performance of their official duties from the board at the rates established by the
612
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
613
[(ii) State government officer and employee members may decline to receive per diem
614
and expenses for their service.]
615
(6) A member may not receive compensation or benefits for the member's service, but
616
may receive per diem and travel expenses in accordance with:
617
(a) Section
63A-3-106
;
618
(b) Section
63A-3-107
; and
619
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
620
63A-3-107
.
621
Section 9.
Section
4-24-4
is amended to read:
622
4-24-4. Livestock Brand Board created -- Composition -- Terms -- Removal --
623
Quorum for transaction of business -- Compensation -- Duties.
624
(1) There is created the Livestock Brand Board consisting of seven members appointed
625
by the governor as follows:
626
(a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
627
whom shall be a feeder operator;
628
(b) one dairyman recommended by the Utah Dairymen's Association;
629
(c) one livestock market operator recommended jointly by the Utah Cattlemen's
630
Association and the Utah Dairymen's Association and the Livestock Market Association; and
631
(d) one horse breeder recommended by the Utah Horse Council.
632
(2) If a nominee is rejected by the governor, the recommending association shall
633
submit another nominee.
634
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
635
expire, the governor shall appoint each new member or reappointed member to a four-year
636
term.
637
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
638
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
639
board members are staggered so that approximately half of the board is appointed every two
640
years.
641
(4) (a) A member may, at the discretion of the governor, be removed at the request of
642
the association that recommended the appointment.
643
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
644
appointed for the unexpired term.
645
(5) One member elected by the board shall serve as chair for a term of one year and be
646
responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
647
a simple majority of the members at a duly called meeting shall constitute a quorum for the
648
transaction of official business.
649
[(6) (a) Members shall receive no compensation or benefits for their services, but may
650
receive per diem and expenses incurred in the performance of the member's official duties at
651
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
652
[(b) Members may decline to receive per diem and expenses for their service.]
653
(6) A member may not receive compensation or benefits for the member's service, but
654
may receive per diem and travel expenses in accordance with:
655
(a) Section
63A-3-106
;
656
(b) Section
63A-3-107
; and
657
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
658
63A-3-107
.
659
(7) The Livestock Brand Board with the cooperation of the department shall direct the
660
procedures and policies to be followed in administering and enforcing this chapter.
661
Section 10.
Section
4-30-2
is amended to read:
662
4-30-2. Livestock Market Committee created -- Composition -- Terms -- Removal
663
-- Compensation -- Duties.
664
(1) There is created a Livestock Market Committee which consists of the following
665
seven members appointed to a four-year term of office by the commissioner:
666
(a) one member recommended by the livestock market operators in the state;
667
(b) one member recommended by the Utah Cattlemen's Association;
668
(c) one member recommended by the Utah Dairymen's Association;
669
(d) one member recommended by the Utah Woolgrowers' Association;
670
(e) one member recommended by the horse industry;
671
(f) one member recommended by the Utah Farm Bureau Federation; and
672
(g) one member recommended by the Utah Farmers Union.
673
(2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
674
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
675
committee members are staggered so that approximately half of the committee is appointed
676
every two years.
677
(3) No more than four members shall be members of the same political party.
678
(4) (a) The commissioner may remove a member of the committee at the request of the
679
association or group which recommended the member's appointment.
680
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
681
appointed for the unexpired term.
682
(5) The Livestock Market Committee shall elect a chair from its membership, who
683
shall serve for a term of office of two years, but may be reelected for subsequent terms.
684
(6) (a) The chair is responsible for the call and conduct of meetings.
685
(b) Four members constitute a quorum for the transaction of official business.
686
[(7) (a) (i) Members who are not government employees shall receive no compensation
687
or benefits for their services, but may receive per diem and expenses incurred in the
688
performance of the member's official duties at the rates established by the Division of Finance
689
under Sections
63A-3-106
and
63A-3-107
.]
690
[(ii) Members may decline to receive per diem and expenses for their service.]
691
[(b) (i) State government officer and employee members who do not receive salary, per
692
diem, or expenses from their agency for their service may receive per diem and expenses
693
incurred in the performance of their official duties from the committee at the rates established
694
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
695
[(ii) State government officer and employee members may decline to receive per diem
696
and expenses for their service.]
697
(7) A member may not receive compensation or benefits for the member's service, but
698
may receive per diem and travel expenses in accordance with:
699
(a) Section
63A-3-106
;
700
(b) Section
63A-3-107
; and
701
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
702
63A-3-107
.
703
(8) The Livestock Market Committee acts as advisor to the department with respect to
704
the administration and enforcement of this chapter and makes recommendations necessary to
705
carry out the intent of this chapter to the commissioner.
706
Section 11.
Section
4-35-3
is amended to read:
707
4-35-3. Decision and Action Committee created -- Members -- How appointed --
708
Duties of committee -- Per diem and expenses allowed.
709
(1) (a) There is created the Decision and Action Committee which consists of not
710
fewer than six members.
711
(b) One member is the commissioner and one member is appointed to represent the
712
department.
713
(c) The remaining members of the committee are appointed by the commissioner on an
714
ad hoc basis as necessary from persons directly affected by and involved in the current insect
715
infestation emergency.
716
(d) The committee is dissolved when the commissioner declares that the insect
717
infestation emergency is over.
718
(2) The committee shall:
719
(a) establish a system of priorities for any insect infestation emergency; and
720
(b) certify to the commissioner any area which requires the establishment of an insect
721
control district in areas of infestation and in which a simple majority of the landowners and
722
lessees whose total production exceeds 50% of the production in that area has agreed to pay
723
proportionate shares of the costs of controlling the insects infesting the area.
724
[(3) (a) (i) Members who are not government employees shall receive no compensation
725
or benefits for their services, but may receive per diem and expenses incurred in the
726
performance of the member's official duties at the rates established by the Division of Finance
727
under Sections
63A-3-106
and
63A-3-107
.]
728
[(ii) Members may decline to receive per diem and expenses for their service.]
729
[(b) (i) State government officer and employee members who do not receive salary, per
730
diem, or expenses from their agency for their service may receive per diem and expenses
731
incurred in the performance of their official duties from the committee at the rates established
732
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
733
[(ii) State government officer and employee members may decline to receive per diem
734
and expenses for their service.]
735
(3) A member may not receive compensation or benefits for the member's service, but
736
may receive per diem and travel expenses in accordance with:
737
(a) Section
63A-3-106
;
738
(b) Section
63A-3-107
; and
739
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
740
63A-3-107
.
741
Section 12.
Section
4-37-503
is amended to read:
742
4-37-503. Fish Health Policy Board.
743
(1) There is created within the department the Fish Health Policy Board which shall
744
establish policies designed to prevent the outbreak of, control the spread of, and eradicate
745
pathogens that cause disease in aquatic animals.
746
(2) The Fish Health Policy Board shall:
747
(a) in accordance with Subsection (6)(b), determine procedures and requirements for
748
certifying a source of aquatic animals as health approved, including:
749
(i) the pathogens for which inspection is required to receive health approval;
750
(ii) the pathogens that may not be present to receive health approval; and
751
(iii) standards and procedures required for the inspection of aquatic animals;
752
(b) establish procedures for the timely reporting of the presence of a pathogen and
753
disease threat;
754
(c) create policies and procedures for, and appoint, an emergency response team to:
755
(i) investigate a serious disease threat;
756
(ii) develop and monitor a plan of action; and
757
(iii) report to:
758
(A) the commissioner of agriculture and food;
759
(B) the director of the Division of Wildlife Resources; and
760
(C) the chair of the Fish Health Policy Board; and
761
(d) develop a unified statewide aquaculture disease control plan.
762
(3) The Fish Health Policy Board shall advise the commissioner of agriculture and
763
food and the executive director of the Department of Natural Resources regarding:
764
(a) educational programs and information systems to educate and inform the public
765
about practices that the public may employ to prevent the spread of disease; and
766
(b) communication and interaction between the department and the Division of
767
Wildlife Resources regarding fish health policies and procedures.
768
(4) (a) (i) The governor shall appoint the following seven members to the Fish Health
769
Policy Board:
770
(A) one member from names submitted by the Department of Natural Resources;
771
(B) one member from names submitted by the Department of Agriculture and Food;
772
(C) one member from names submitted by a nonprofit corporation that promotes sport
773
fishing;
774
(D) one member from names submitted by a nonprofit corporation that promotes the
775
aquaculture industry;
776
(E) one member from names submitted by the Department of Natural Resources and
777
the Department of Agriculture and Food;
778
(F) one member from names submitted by a nonprofit corporation that promotes sport
779
fishing; and
780
(G) one member from names submitted by a nonprofit corporation that promotes the
781
aquaculture industry.
782
(ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
783
(A) (I) faculty members of an institution of higher education; or
784
(II) qualified professionals; and
785
(B) have education and knowledge in:
786
(I) fish pathology;
787
(II) business;
788
(III) ecology; or
789
(IV) parasitology.
790
(iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall
791
have education and knowledge about fish pathology.
792
(iv) (A) A nominating person shall submit at least three names to the governor.
793
(B) If the governor rejects all the names submitted for a member, the recommending
794
person shall submit additional names.
795
(b) Except as required by Subsection (4)(c), the term of office of board members shall
796
be four years.
797
(c) Notwithstanding the requirements of Subsection (4)(b), the governor shall, at the
798
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
799
board members are staggered so that approximately half of the board is appointed every two
800
years.
801
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
802
appointed for the unexpired term.
803
(e) The board members shall elect a chair of the board from the board's membership.
804
(f) The board shall meet upon the call of the chair or a majority of the board members.
805
(g) An action of the board shall be adopted upon approval of the majority of voting
806
members.
807
[(5) (a) (i) A member who is not a government employee may not receive
808
compensation or benefits for the member's service, but may receive per diem and expenses
809
incurred in the performance of the member's official duties at the rates established by the
810
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
811
[(ii) A member may decline to receive per diem and expenses for the member's
812
service.]
813
[(b) (i) A state government officer and employee member who does not receive salary,
814
per diem, or expenses from the agency the member represents for the member's service may
815
receive per diem and expenses incurred in the performance of the member's official duties at
816
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
817
[(ii) A state government officer and employee member may decline to receive per diem
818
and expenses for the member's service.]
819
[(c) (i) A higher education member who does not receive salary, per diem, or expenses
820
from the entity that the member represents for the member's service may receive per diem and
821
expenses incurred in the performance of the member's official duties at the rates established by
822
the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
823
[(ii) A higher education member may decline to receive per diem and expenses for the
824
member's service.]
825
(5) A member may not receive compensation or benefits for the member's service, but
826
may receive per diem and travel expenses in accordance with:
827
(a) Section
63A-3-106
;
828
(b) Section
63A-3-107
; and
829
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
830
63A-3-107
.
831
(6) (a) The board shall make rules consistent with its responsibilities and duties
832
specified in this section.
833
(b) Except as provided by this chapter, all rules adopted by the Fish Health Policy
834
Board must be consistent with the suggested procedures for the detection and identification of
835
pathogens published by the American Fisheries Society's Fish Health Section.
836
(c) (i) Rules of the department and Fish Health Policy Board pertaining to the control
837
of disease shall remain in effect until the Fish Health Policy Board enacts rules to replace those
838
provisions.
839
(ii) The Fish Health Policy Board shall promptly amend rules that are inconsistent with
840
the current suggested procedures published by the American Fisheries Society.
841
(d) The Fish Health Policy Board may waive a requirement established by the Fish
842
Health Policy Board's rules if:
843
(i) the rule specifies the waiver criteria and procedures; and
844
(ii) the waiver will not threaten other aquaculture facilities or wild aquatic animal
845
populations.
846
Section 13.
Section
4-37-602
is amended to read:
847
4-37-602. Adjudicative proceedings -- Presiding officer.
848
(1) Adjudicative proceedings under this chapter shall be conducted in accordance with
849
Title 63G, Chapter 4, Administrative Procedures Act.
850
(2) The revocation of an aquaculture facility's certificate of registration, the denial of
851
an aquaculture facility's future certificate of registration, and a denial or cancellation of an
852
aquaculture facility's health approval number is a state agency action governed by Title 63G,
853
Chapter 4, Administrative Procedures Act.
854
(3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
855
as provided by Section
63G-4-301
, of an agency action specified in Subsection (2).
856
(b) The presiding officer, as defined in Section
63G-4-103
, conducting the agency
857
review shall consist of three members as follows:
858
(i) the person representing sport fishermen, appointed under Subsection
859
4-37-503
(4)(a)(i)(C);
860
(ii) one person representing the aquaculture industry, appointed by the governor from
861
names submitted by a nonprofit corporation, as defined in Section
16-6a-102
, that promotes the
862
efficient production, distribution, and marketing of aquaculture products and the welfare of all
863
persons engaged in aquaculture; and
864
(iii) one person, appointed by the governor, who is knowledgeable about aquatic
865
diseases and is employed by an institution of higher education.
866
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
867
recommending nonprofit corporation shall submit additional names.
868
(d) The final decision of the presiding officer shall be adopted upon approval of at least
869
two of the members.
870
(e) The term [and compensation] for the member listed in Subsection (3)(b)(i) shall be
871
the same as provided in Section
4-37-503
.
872
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
873
four years.
874
[(g) (i) (A) A higher education member who does not receive salary, per diem, or
875
expenses from the entity that the member represents for the member's service may receive per
876
diem and expenses incurred in the performance of the member's official duties at the rates
877
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
878
[(B) A higher education member may decline to receive per diem and expenses for the
879
member's service.]
880
[(ii) (A) A member who is not a government employee may not receive compensation
881
or benefits for the member's service, but may receive per diem and expenses incurred in
882
performance of the member's official duties at rates established by the Division of Finance
883
under Sections
63A-3-106
and
63A-3-107
.]
884
[(B) A member may decline to receive per diem and expenses for the member's
885
service.]
886
(4) A member may not receive compensation or benefits for the member's service, but
887
may receive per diem and travel expenses in accordance with:
888
(a) Section
63A-3-106
;
889
(b) Section
63A-3-107
; and
890
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
891
63A-3-107
.
892
Section 14.
Section
4-38-3
is amended to read:
893
4-38-3. Utah Horse Racing Commission.
894
(1) (a) There is created within the Department the Utah Horse Racing Commission.
895
(b) (i) The commission shall consist of five members who shall be U.S. citizens, Utah
896
residents, and qualified voters of Utah.
897
(ii) Each member shall have an interest in horse racing.
898
(c) (i) The members of the commission shall be appointed by the governor with the
899
consent of the Senate.
900
(ii) The governor shall appoint commission members from a list of nominees submitted
901
by the commissioner of agriculture and food.
902
(d) (i) The members of the commission shall be appointed to four-year terms, except
903
that the original members shall be appointed within 30 days after the effective date of this
904
chapter, two of whom shall be appointed for terms expiring December 31, 1992, two for terms
905
expiring December 31, 1994, and one for a term expiring December 31, 1996.
906
(ii) A commission member may not serve more than two consecutive terms.
907
(e) The governor shall make the appointments so that a resident of each of Utah's three
908
congressional districts is a member of the commission at all times.
909
(f) Each member shall hold office until his or her successor is appointed and qualified.
910
(g) Vacancies on the commission shall be filled by appointment by the governor with
911
the consent of the Senate for the unexpired term.
912
(h) Any member may be removed from office by the governor for cause after a public
913
hearing. Notice of the hearing shall fix the time and place of the hearing and shall specify the
914
charges. Copies of the notice of the hearing shall be served on the member by mailing it to the
915
member at his last known address at least 10 days before the date fixed for the hearing. The
916
governor may designate a hearing officer to preside over the hearing and report his findings to
917
the governor.
918
(2) (a) The members of the commission shall annually elect a chairperson.
919
(b) Three members of the commission shall constitute a quorum for the transaction of
920
any business of the commission.
921
[(c) Members of the commission shall receive per diem and expenses as established by
922
the Division of Finance.]
923
(3) A member may not receive compensation or benefits for the member's service, but
924
may receive per diem and travel expenses in accordance with:
925
(a) Section
63A-3-106
;
926
(b) Section
63A-3-107
; and
927
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
928
63A-3-107
.
929
[(3)] (4) All claims and expenditures made under this chapter shall be first audited and
930
passed upon by the commission and when approved shall be paid in the manner provided by
931
law for payment of claims against the state.
932
[(4)] (5) Any member of the commission who has a personal or private interest in any
933
matter proposed or pending before the commission shall publicly disclose this fact to the
934
commission and may not vote on the matter.
935
[(5)] (6) Any member of the commission who owns or who has any interest or whose
936
spouse or member of his immediate family has any interest in a horse participating in a race
937
shall disclose that interest and may not participate in any commission decision involving that
938
race.
939
Section 15.
Section
4-39-104
is amended to read:
940
4-39-104. Advisory council.
941
(1) The department shall establish an advisory council to give advice and make
942
recommendations on policies and rules adopted pursuant to this chapter.
943
(2) The advisory council shall consist of eight members appointed by the commissioner
944
of agriculture to four-year terms as follows:
945
(a) two members, recommended by the executive director of the Department of Natural
946
Resources, shall represent the Department of Natural Resources;
947
(b) two members shall represent the Department of Agriculture, one of whom shall be
948
the state veterinarian;
949
(c) two members shall represent the livestock industry, one of whom shall represent the
950
domesticated elk industry; and
951
(d) two members, recommended by the executive director of the Department of Natural
952
Resources from a list of candidates submitted by the Division of Wildlife Resources, shall
953
represent wildlife interests.
954
(3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
955
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
956
council members are staggered so that approximately half of the council is appointed every two
957
years.
958
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
959
appointed for the unexpired term.
960
(5) A majority of the advisory council constitutes a quorum. A quorum is necessary for
961
the council to act.
962
[(6) (a) (i) Members who are not government employees shall receive no compensation
963
or benefits for their services, but may receive per diem and expenses incurred in the
964
performance of the member's official duties at the rates established by the Division of Finance
965
under Sections
63A-3-106
and
63A-3-107
.]
966
[(ii) Members may decline to receive per diem and expenses for their service.]
967
[(b) (i) State government officer and employee members who do not receive salary, per
968
diem, or expenses from their agency for their service may receive per diem and expenses
969
incurred in the performance of their official duties from the department at the rates established
970
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
971
[(ii) State government officer and employee members may decline to receive per diem
972
and expenses for their service.]
973
(6) A member may not receive compensation or benefits for the member's service, but
974
may receive per diem and travel expenses in accordance with:
975
(a) Section
63A-3-106
;
976
(b) Section
63A-3-107
; and
977
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
978
63A-3-107
.
979
Section 16.
Section
7-1-203
is amended to read:
980
7-1-203. Board of Financial Institutions.
981
(1) There is created a Board of Financial Institutions consisting of the commissioner
982
and the following five members, who shall be qualified by training and experience in their
983
respective fields and shall be appointed by the governor with the consent of the Senate:
984
(a) one representative from the commercial banking business;
985
(b) one representative from the savings and loan, consumer lending, mortgage
986
brokerage, or escrow agency business;
987
(c) one representative from the industrial bank business;
988
(d) one representative from the credit union business; and
989
(e) one representative of the general public who, as a result of education, training,
990
experience, or interest, is well qualified to consider economic and financial issues and data as
991
they may affect the public interest in the soundness of the financial systems of this state.
992
(2) The commissioner shall act as chair.
993
(3) (a) All members of the board shall be residents of this state.
994
(b) No more than three members of the board may be from the same political party.
995
(c) No more than two members of the board may be connected with the same financial
996
institution or its holding company.
997
(d) A member may not participate in any matter involving any institution with which
998
the member has a conflict of interest.
999
(4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
1000
each expiring on July 1.
1001
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1002
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1003
board members are staggered so that approximately half of the board is appointed every two
1004
years.
1005
(c) All members serve until their respective successors are appointed and qualified.
1006
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
1007
appointed for the unexpired term.
1008
(5) (a) The board shall meet at least quarterly on a date it sets.
1009
(b) The commissioner or any two members of the board may call additional meetings.
1010
(c) Four members constitute a quorum for the transaction of business.
1011
(d) Actions of the board require a vote of a majority of those present.
1012
(e) Meetings of the board and records of its proceedings are subject to Title 52, Chapter
1013
4, Open and Public Meetings Act, except for discussion of confidential information pertaining
1014
to a particular financial institution.
1015
(6) (a) Each member of the board shall, by sworn or written statement filed with the
1016
commissioner, disclose any position of employment or ownership interest that the member has
1017
with respect to any institution subject to the jurisdiction of the department.
1018
(b) The member shall:
1019
(i) file the statement required by this Subsection (6) when first appointed to the board;
1020
and
1021
(ii) subsequently file amendments to the statement if there is any material change in the
1022
matters covered by the statement.
1023
[(7) (a) (i) Members who are not government employees shall receive no compensation
1024
or benefits for their services, but may receive per diem and expenses incurred in the
1025
performance of the member's official duties at the rates established by the Division of Finance
1026
under Sections
63A-3-106
and
63A-3-107
.]
1027
[(ii) Members may decline to receive per diem and expenses for their service.]
1028
[(b) (i) State government officer and employee members who do not receive salary, per
1029
diem, or expenses from their agency for their service may receive per diem and expenses
1030
incurred in the performance of their official duties from the board at the rates established by the
1031
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1032
[(ii) State government officer and employee members may decline to receive per diem
1033
and expenses for their service.]
1034
(7) A member may not receive compensation or benefits for the member's service, but
1035
may receive per diem and travel expenses in accordance with:
1036
(a) Section
63A-3-106
;
1037
(b) Section
63A-3-107
; and
1038
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1039
63A-3-107
.
1040
(8) The board shall advise the commissioner with respect to:
1041
(a) the exercise of the commissioner's duties, powers, and responsibilities under this
1042
title; and
1043
(b) the organization and performance of the department and its employees.
1044
(9) The board shall recommend annually to the governor and the Legislature a budget
1045
for the requirements of the department in carrying out its duties, functions, and responsibilities
1046
under this title.
1047
Section 17.
Section
7-3-40
is amended to read:
1048
7-3-40. Board of Bank Advisors.
1049
(1) There is created a Board of Bank Advisors consisting of five members to be
1050
appointed by the governor as follows:
1051
(a) each member of the board shall be an individual who is familiar with and associated
1052
with banks organized under this chapter; and
1053
(b) at least three of the members of the board shall be individuals who:
1054
(i) have had three or more years experience as a bank executive officer; and
1055
(ii) are selected from a list submitted to the governor by an association in this state
1056
representing commercial banks.
1057
(2) (a) The board shall meet quarterly.
1058
(b) Subject to Subsection (2)(a), meetings of the board shall be held on the call of the
1059
chair.
1060
(3) The members of the board shall elect the chair of the board each year from the
1061
membership of the advisory board by a majority of the members present at the board's first
1062
meeting each year.
1063
(4) (a) Except as required by Subsection (4)(b), as terms of current board members
1064
expire, the governor shall appoint each new member or reappointed member to a four-year
1065
term.
1066
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1067
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1068
board members are staggered so that approximately half of the board is appointed every two
1069
years.
1070
(5) When a vacancy occurs in the membership of the board for any reason, the
1071
replacement shall be appointed for the unexpired term.
1072
(6) All members shall serve until their successors are appointed and qualified.
1073
[(7) (a) Members shall receive no compensation or benefits for their services, but may
1074
receive per diem and expenses incurred in the performance of the member's official duties at
1075
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1076
[(b) Members may decline to receive per diem and expenses for their service.]
1077
(7) A member may not receive compensation or benefits for the member's service, but
1078
may receive per diem and travel expenses in accordance with:
1079
(a) Section
63A-3-106
;
1080
(b) Section
63A-3-107
; and
1081
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1082
63A-3-107
.
1083
(8) A majority of the members of the board shall constitute a quorum.
1084
(9) The board has the duty to advise the governor and commissioner on problems
1085
relating to banks organized under this chapter and to foster the interest and cooperation of
1086
banks in the improvement of their services to the people of the state.
1087
Section 18.
Section
7-9-43
is amended to read:
1088
7-9-43. Board of Credit Union Advisors.
1089
There is created a Board of Credit Union Advisors of five members to be appointed by
1090
the governor.
1091
(1) Members of the board shall be individuals who are familiar with and associated in
1092
the field of credit unions.
1093
(2) At least three of the members shall be persons who have had three or more years of
1094
experience as a credit union officer and shall be selected from a list submitted to the governor
1095
by the Utah League of Credit Unions.
1096
(3) The board shall meet quarterly.
1097
(4) A chair of the advisory board shall be chosen each year from the membership of the
1098
advisory board by a majority of the members present at the board's first meeting each year.
1099
(5) (a) Except as required by Subsection (5)(b), as terms of current board members
1100
expire, the governor shall appoint each new member or reappointed member to a four-year
1101
term.
1102
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1103
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1104
board members are staggered so that approximately half of the board is appointed every two
1105
years.
1106
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
1107
appointed for the unexpired term.
1108
(7) All members shall serve until their successors are appointed and qualified.
1109
[(8) (a) Members shall receive no compensation or benefits for their services, but may
1110
receive per diem and expenses incurred in the performance of the member's official duties at
1111
the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1112
[(b) Members may decline to receive per diem and expenses for their service.]
1113
(8) A member may not receive compensation or benefits for the member's service, but
1114
may receive per diem and travel expenses in accordance with:
1115
(a) Section
63A-3-106
;
1116
(b) Section
63A-3-107
; and
1117
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1118
63A-3-107
.
1119
(9) Meetings of the advisory board shall be held on the call of the chair. A majority of
1120
the members of the board shall constitute a quorum.
1121
(10) The Board of Credit Union Advisors has the duty to advise the governor and
1122
commissioner on problems relating to credit unions and to foster the interest and cooperation of
1123
credit unions in the improvement of their services to the people of the state [of Utah].
1124
Section 19.
Section
9-1-803
is amended to read:
1125
9-1-803. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
1126
and expenses.
1127
(1) There is created the Utah Commission on Volunteers consisting of the following 25
1128
members:
1129
(a) the lieutenant governor;
1130
(b) the commissioner of higher education or the commissioner's designee;
1131
(c) the superintendent of public instruction or the superintendent's designee;
1132
(d) nine members appointed by the governor as follows:
1133
(i) an individual with expertise in the educational, training, and developmental needs of
1134
youth, particularly disadvantaged youth;
1135
(ii) an individual with experience in promoting the involvement of older adults in
1136
service and volunteerism;
1137
(iii) a representative of community-based agencies or community-based organizations
1138
within the state;
1139
(iv) a representative of local governments in the state;
1140
(v) a representative of local labor organizations in the state;
1141
(vi) a representative of business;
1142
(vii) an individual between the ages of 16 and 25 who is a participant or supervisor in a
1143
volunteer or service program;
1144
(viii) a representative of a National Service Program; and
1145
(ix) a representative of the corporation as a nonvoting, ex officio member; and
1146
(e) 13 members appointed by the governor from the following groups:
1147
(i) local educators;
1148
(ii) experts in the delivery of human, educational, cultural, environmental, or public
1149
safety services to communities and individuals;
1150
(iii) representatives of Native American tribes;
1151
(iv) out-of-school youth or other at-risk youth; and
1152
(v) representatives of entities that receive assistance under the Domestic Volunteer
1153
Service Act of 1973, 42 U.S.C. 4950 et seq.
1154
(2) (a) In appointing persons to serve on the commission, the governor shall ensure
1155
that:
1156
(i) no more than 13 members of the commission are members of the same political
1157
party; and
1158
(ii) no more than six members of the commission are state government employees.
1159
(b) In appointing persons to serve on the commission, the governor shall strive for
1160
balance on the commission according to race, ethnicity, age, gender, and disability
1161
characteristics.
1162
(3) (a) Except as required by Subsection (3)(b), as terms of current commission
1163
members expire, the governor shall appoint each new member or reappointed member to a
1164
three-year term.
1165
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1166
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1167
commission members are staggered so that approximately one-third of the commission is
1168
appointed every year.
1169
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
1170
appointed for the unexpired term.
1171
(5) A member appointed by the governor may not serve more than two consecutive
1172
terms.
1173
[(6) (a) A member may not receive compensation or benefits for the member's service,
1174
but may receive per diem and expenses incurred in the performance of the member's official
1175
duties at the rates established by the Division of Finance under Sections
63A-3-106
and
1176
63A-3-107
.]
1177
[(b) A member may decline to receive per diem and expenses for the member's service.]
1178
(6) A member may not receive compensation or benefits for the member's service, but
1179
may receive per diem and travel expenses in accordance with:
1180
(a) Section
63A-3-106
;
1181
(b) Section
63A-3-107
; and
1182
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1183
63A-3-107
.
1184
(7) (a) The lieutenant governor is the chair of the commission.
1185
(b) The commission shall select a vice chair from among its members.
1186
Section 20.
Section
9-3-403
is amended to read:
1187
9-3-403. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
1188
expenses.
1189
(1) There is created an independent state agency and a body politic and corporate
1190
known as the "Utah Science Center Authority."
1191
(2) (a) The authority shall be composed of 13 members.
1192
(b) The governor shall appoint:
1193
(i) three members representing the informal science and arts community that could
1194
include members from the board of directors of the Hansen Planetarium, the Hogle Zoo, the
1195
Children's Museum of Utah, the Utah Museum of Natural History, and other related museums,
1196
centers, and agencies;
1197
(ii) one member of the State Board of Education;
1198
(iii) one member of the Division of Housing and Community Development of the
1199
Department of Community and Culture;
1200
(iv) one member of the Board of Tourism Development;
1201
(v) one member of the State Board of Regents; and
1202
(vi) three public members representing Utah industry, the diverse regions of the state,
1203
and the public at large.
1204
(c) The county legislative body of Salt Lake County shall appoint one member to
1205
represent Salt Lake County.
1206
(d) The mayor of Salt Lake City shall appoint one member to represent Salt Lake City
1207
Corporation.
1208
(e) The State Science Advisor or the advisor's designee is also a member of the
1209
authority.
1210
(f) In appointing the three public members, the governor shall ensure that there is
1211
representation from the science, technology, and business communities.
1212
(3) All members shall be residents of Utah.
1213
(4) Each member shall be appointed for four-year terms beginning July 1 of the year
1214
appointed.
1215
(5) (a) Except as required by Subsection (5)(b), as terms of current authority members
1216
expire, the governor shall appoint each new member or reappointed member to a four-year
1217
term.
1218
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1219
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1220
authority members are staggered so that approximately half of the authority is appointed every
1221
two years.
1222
(6) A member may be removed from office by the governor or for cause by an
1223
affirmative vote of nine members of the authority.
1224
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
1225
appointed by the governor for the unexpired term.
1226
(8) Each public member shall hold office for the term of his appointment and until the
1227
member's successor has been appointed and qualified.
1228
(9) A public member is eligible for reappointment, but may not serve more than two
1229
full consecutive terms.
1230
(10) The governor shall appoint the chair of the authority from among its members.
1231
(11) The members shall elect from among their number a vice chair and other officers
1232
they may determine.
1233
(12) The chair and vice chair shall be elected for two-year terms.
1234
(13) The powers of the authority shall be vested in its members.
1235
(14) Seven members constitute a quorum for transaction of authority business.
1236
[(15) (a) (i) Members who are not government employees shall receive no
1237
compensation or benefits for their services, but may receive per diem and expenses incurred in
1238
the performance of the member's official duties at the rates established by the Division of
1239
Finance under Sections
63A-3-106
and
63A-3-107
.]
1240
[(ii) Members may decline to receive per diem and expenses for their service.]
1241
[(b) (i) State government officer and employee members who do not receive salary, per
1242
diem, or expenses from their agency for their service may receive per diem and expenses
1243
incurred in the performance of their official duties from the authority at the rates established by
1244
the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1245
[(ii) State government officer and employee members may decline to receive per diem
1246
and expenses for their service.]
1247
[(c) (i) Local government members who do not receive salary, per diem, or expenses
1248
from the entity that they represent for their service may receive per diem and expenses incurred
1249
in the performance of their official duties at the rates established by the Division of Finance
1250
under Sections
63A-3-106
and
63A-3-107
.]
1251
[(ii) Local government members may decline to receive per diem and expenses for
1252
their service.]
1253
[(d) (i) Higher education members who do not receive salary, per diem, or expenses
1254
from the entity that they represent for their service may receive per diem and expenses incurred
1255
in the performance of their official duties from the committee at the rates established by the
1256
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1257
[(ii) Higher education members may decline to receive per diem and expenses for their
1258
service.]
1259
(15) A member may not receive compensation or benefits for the member's service, but
1260
may receive per diem and travel expenses in accordance with:
1261
(a) Section
63A-3-106
;
1262
(b) Section
63A-3-107
; and
1263
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1264
63A-3-107
.
1265
Section 21.
Section
9-4-304
is amended to read:
1266
9-4-304. Permanent Community Impact Fund Board created -- Members --
1267
Terms -- Chair -- Expenses.
1268
(1) There is created within the Department of Community and Culture the Permanent
1269
Community Impact Fund Board composed of 11 members as follows:
1270
(a) the chair of the Board of Water Resources or the chair's designee;
1271
(b) the chair of the Water Quality Board or the chair's designee;
1272
(c) the director of the department or the director's designee;
1273
(d) the state treasurer;
1274
(e) the chair of the Transportation Commission or the chair's designee;
1275
(f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
1276
(g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
1277
Wayne County;
1278
(h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
1279
(i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
1280
County; and
1281
(j) a locally elected official from each of the two counties that produced the most
1282
mineral lease monies during the previous four-year period, prior to the term of appointment, as
1283
determined by the Department of Community and Culture.
1284
(2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
1285
the same county and shall be:
1286
(i) nominated by the Board of Directors of the Southeastern Association of
1287
Governments, Central Utah Association of Governments, Uintah Basin Association of
1288
Governments, and Southwestern Association of Governments, respectively, except that a
1289
member under Subsection (1)(j) shall be nominated by the Board of Directors of the
1290
Association of Governments from the region of the state in which the county is located; and
1291
(ii) appointed by the governor with the consent of the Senate.
1292
(b) Except as required by Subsection (2)(c), as terms of current board members expire,
1293
the governor shall appoint each new member or reappointed member to a four-year term.
1294
(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
1295
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1296
board members are staggered so that approximately half of the board is appointed every two
1297
years.
1298
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
1299
appointed for the unexpired term.
1300
(3) The terms of office for the members of the impact board specified under
1301
Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
1302
councils, boards, committees, commission, departments, or offices from which the members
1303
come.
1304
(4) The executive director of the department, or the executive director's designee, shall
1305
be the chair of the impact board.
1306
[(5) (a) (i) Members who are not government employees shall receive no compensation
1307
or benefits for their services, but may receive per diem and expenses incurred in the
1308
performance of the member's official duties at the rates established by the Division of Finance
1309
under Sections
63A-3-106
and
63A-3-107
.]
1310
[(ii) Members may decline to receive per diem and expenses for their service.]
1311
[(b) (i) State government officer and employee members who do not receive salary, per
1312
diem, or expenses from their agency for their service may receive per diem and expenses
1313
incurred in the performance of their official duties from the board at the rates established by the
1314
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1315
[(ii) State government officer and employee members may decline to receive per diem
1316
and expenses for their service.]
1317
[(c) (i) Local government members who do not receive salary, per diem, or expenses
1318
from the entity that they represent for their service may receive per diem and expenses incurred
1319
in the performance of their official duties at the rates established by the Division of Finance
1320
under Sections
63A-3-106
and
63A-3-107
.]
1321
[(ii) Local government members may decline to receive per diem and expenses for
1322
their service.]
1323
(5) A member may not receive compensation or benefits for the member's service, but
1324
may receive per diem and travel expenses in accordance with:
1325
(a) Section
63A-3-106
;
1326
(b) Section
63A-3-107
; and
1327
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1328
63A-3-107
.
1329
Section 22.
Section
9-4-503
is amended to read:
1330
9-4-503. Private Activity Bond Review Board.
1331
(1) There is created within the department the Private Activity Bond Review Board,
1332
composed of 11 members as follows:
1333
(a) five ex officio members who shall be:
1334
(i) the executive director of the department or the executive director's designee;
1335
(ii) the director of the Division of Business and Economic Development or the
1336
director's designee;
1337
(iii) the state treasurer or the treasurer's designee;
1338
(iv) the chair of the Board of Regents or the chair's designee; and
1339
(v) the chair of the Utah Housing Corporation or the chair's designee; and
1340
(b) six local government members who shall be:
1341
(i) three elected or appointed county officials, nominated by the Utah Association of
1342
Counties and appointed by the governor with the consent of the Senate; and
1343
(ii) three elected or appointed municipal officials, nominated by the Utah League of
1344
Cities and Towns and appointed by the governor with the consent of the Senate.
1345
(2) (a) Except as required by Subsection (2)(b), the terms of office for the local
1346
government members of the board of review shall be four-year terms.
1347
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1348
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1349
board members are staggered so that approximately half of the board is appointed every two
1350
years.
1351
(c) Members may be reappointed only once.
1352
(3) (a) If a local government member ceases to be an elected or appointed official of
1353
the city or county the member is appointed to represent, that membership on the board of
1354
review terminates immediately and there shall be a vacancy in the membership.
1355
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
1356
appointed within 30 days in the manner of the regular appointment for the unexpired term, and
1357
until his successor is appointed and qualified.
1358
(4) (a) The chair of the board of review shall be the executive director of the
1359
department or the executive director's designee.
1360
(b) The chair is nonvoting except in the case of a tie vote.
1361
(5) Six members of the board of review constitute a quorum.
1362
(6) Formal action by the board of review requires a majority vote of a quorum.
1363
[(7) (a) Members who are not government employees may not receive compensation or
1364
benefits for their services, but may receive per diem and expenses incurred in the performance
1365
of the member's official duties at the rates established by the Division of Finance under
1366
Sections
63A-3-106
and
63A-3-107
.]
1367
[(b) State government officer and employee members who do not receive salary, per
1368
diem, or expenses from their agency for their service may receive per diem and expenses
1369
incurred in the performance of their official duties from the board at the rates established by the
1370
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1371
[(c) Local government members who do not receive salary, per diem, or expenses from
1372
the entity that they represent for their service may receive per diem and expenses incurred in
1373
the performance of their official duties at the rates established by the Division of Finance under
1374
Sections
63A-3-106
and
63A-3-107
.]
1375
[(d) Higher education members who do not receive salary, per diem, or expenses from
1376
the entity that they represent for their service may receive per diem and expenses incurred in
1377
the performance of their official duties from the committee at the rates established by the
1378
Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1379
[(e) Members identified in Subsections (7)(a) through (d) may decline to receive per
1380
diem and expenses for their service.]
1381
(7) A member may not receive compensation or benefits for the member's service, but
1382
may receive per diem and travel expenses in accordance with:
1383
(a) Section
63A-3-106
;
1384
(b) Section
63A-3-107
; and
1385
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1386
63A-3-107
.
1387
(8) The chair of the board of review serves as the state official designated under state
1388
law to make certifications required to be made under Section 146 of the code including the
1389
certification required by Section 149(e)(2)(F) of the code.
1390
Section 23.
Section
9-4-703
is amended to read:
1391
9-4-703. Housing loan fund board -- Duties -- Expenses.
1392
(1) There is created the Olene Walker Housing Loan Fund Board.
1393
(2) The board shall be composed of 11 voting members.
1394
(a) The governor shall appoint the following members to four-year terms:
1395
(i) two members from local governments;
1396
(ii) two members from the mortgage lending community;
1397
(iii) one member from real estate sales interests;
1398
(iv) one member from home builders interests;
1399
(v) one member from rental housing interests;
1400
(vi) one member from housing advocacy interests;
1401
(vii) one member of the manufactured housing interest; and
1402
(viii) two members of the general public.
1403
(b) The director or his designee shall serve as the secretary of the committee.
1404
(c) The members of the board shall annually elect a chair from among the voting
1405
membership of the board.
1406
(3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
1407
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1408
board members are staggered so that approximately half of the board is appointed every two
1409
years.
1410
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
1411
appointed for the unexpired term.
1412
(4) (a) The board shall:
1413
(i) meet regularly, at least quarterly, on dates fixed by the board;
1414
(ii) keep minutes of its meetings; and
1415
(iii) comply with the procedures and requirements of Title 52, Chapter 4, Open and
1416
Public Meetings Act.
1417
(b) Seven members of the board constitute a quorum, and the governor, the chair, or a
1418
majority of the board may call a meeting of the board.
1419
(5) The board shall:
1420
(a) review the housing needs in the state;
1421
(b) determine the relevant operational aspects of any grant, loan, or revenue collection
1422
program established under the authority of this chapter;
1423
(c) determine the means to implement the policies and goals of this chapter;
1424
(d) determine specific projects that the board considers should receive grant or loan
1425
moneys; and
1426
(e) determine how fund moneys shall be allocated and distributed.
1427
[(6) (a) (i) Members who are not government employees shall receive no compensation
1428
or benefits for their services, but may receive per diem and expenses incurred in the
1429
performance of the member's official duties at the rates established by the Division of Finance
1430
under Sections
63A-3-106
and
63A-3-107
.]
1431
[(ii) Members may decline to receive per diem and expenses for their service.]
1432
[(b) (i) State government employee members who do not receive salary, per diem, or
1433
expenses from their agency for their service may receive per diem and expenses incurred in the
1434
performance of their official duties from the board at the rates established by the Division of
1435
Finance under Sections
63A-3-106
and
63A-3-107
.]
1436
[(ii) State government employee members may decline to receive per diem and
1437
expenses for their service.]
1438
[(c) (i) Local government members who do not receive salary, per diem, or expenses
1439
from the entity that they represent for their service may receive per diem and expenses incurred
1440
in the performance of their official duties at the rates established by the Division of Finance
1441
under Sections
63A-3-106
and
63A-3-107
.]
1442
[(ii) Local government members may decline to receive per diem and expenses for
1443
their service.]
1444
(6) A member may not receive compensation or benefits for the member's service, but
1445
may receive per diem and travel expenses in accordance with:
1446
(a) Section
63A-3-106
;
1447
(b) Section
63A-3-107
; and
1448
(c) rules made by the Division of Finance pursuant to Sections
63A-3-106
and
1449
63A-3-107
.
1450
Section 24.
Section
9-4-801
is amended to read:
1451
9-4-801. Creation.
1452
(1) There is created the Homeless Coordinating Committee.
1453
(2) (a) The committee shall consist of the state planning coordinator, the state
1454
superintendent of public instruction, the chair of the board of trustees of the Utah Housing
1455
Corporation, and the executive directors of the Department of Human Services, the Department
1456
of Corrections, the Department of Community and Culture, the Department of Workforce
1457
Services, and the Department of Health, or their designees.
1458
(b) The governor shall appoint the chair from among these members.
1459
(3) The governor may also appoint as members of the committee representatives of
1460
local governments, local housing authorities, local law enforcement agencies, and of federal
1461
and private agencies and organizations concerned with the homeless, mentally ill, elderly,
1462
single-parent families, substance abusers, and persons with a disability.
1463
(4) (a) Except as required by Subsection (4)(b), as terms of current committee members
1464
expire, the governor shall appoint each new member or reappointed member to a four-year
1465
term.
1466
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1467
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1468
committee members are staggered so that approximately half of the committee is appointed
1469
every two years.
1470
(c) A person appointed under this Subsection (4) may not be appointed to serve more
1471
than three consecutive terms.
1472
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
1473
appointed for the unexpired term.
1474
[(6) (a) (i) Members who are not government employees shall receive no compensation
1475
or benefits for their services, but may receive per diem and expenses incurred in the
1476
performance of the member's official duties at the rates established by the Division of Finance
1477
under Sections
63A-3-106
and
63A-3-107
.]
1478
[(ii) Members may decline to receive per diem and expenses for their service.]
1479
[(b) (i) State government officer and employee members who do not receive salary, per
1480
diem, or expenses from their agency for their service may receive per diem and expenses
1481
incurred in the performance of their official duties from the committee at the rates established
1482
by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.]
1483
[(ii) State government officer and employee members may decline to receive per diem
1484
and expenses for their service.]
1485
[(c) (i) Local government members who do not receive salary, per diem, or expenses
1486
from the entity that they represent for their service may receive per diem and expenses incurred
1487
in the performance of their official duties at the rates established by the Division of Finance
1488
under Sections
63A-3-106
and
63A-3-107
.]
1489
[(ii) Local government members may decline to receive per diem and expenses for
1490
their service.]
1491
(6) A member may not receive compensation or benefits for the member's service, but
1492
may receive per diem and travel expenses in accordance with:
1493
(a) Section
63A-3-106
;