S.B. 86
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7 LONG TITLE
8 General Description:
9 This bill modifies Division of Finance provisions by amending compensation and
10 expenses for a legislator who serves on a board or commission.
11 Highlighted Provisions:
12 This bill:
13 . clarifies that a legislator who serves on a board or commission only receives
14 compensation and expenses as provided in Legislative Joint Rule and does not
15 receive separate per diem and travel expenses for service on a board or commission;
16 . clarifies appointment of Senate and House members to certain boards or
17 commissions; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 9-9-104.6 , as last amended by Laws of Utah 2012, Chapter 212
26 26-54-103 , as enacted by Laws of Utah 2012, Chapter 226
27 35A-1-206 , as last amended by Laws of Utah 2013, Chapter 255
28 36-12-20 , as last amended by Laws of Utah 2013, Chapter 288
29 36-22-1 , as enacted by Laws of Utah 1995, Chapter 143
30 36-23-104 , as last amended by Laws of Utah 2013, Chapter 323
31 36-25-102 , as enacted by Laws of Utah 2004, Chapter 73
32 36-26-102 , as last amended by Laws of Utah 2012, Chapter 325
33 53A-1-1002 , as last amended by Laws of Utah 2013, Chapter 214
34 53A-13-109 , as last amended by Laws of Utah 2011, Chapters 404 and 405
35 59-1-905 , as last amended by Laws of Utah 2011, Chapter 384
36 62A-1-120 , as enacted by Laws of Utah 2013, Chapter 339
37 62A-4a-207 , as last amended by Laws of Utah 2012, Chapter 242
38 63A-3-106 , as last amended by Laws of Utah 2011, Chapter 308
39 63A-3-107 , as last amended by Laws of Utah 2011, Chapter 308
40 63A-3-403 , as last amended by Laws of Utah 2013, Chapters 84 and 310
41 63A-3-404 , as last amended by Laws of Utah 2009, Chapter 310
42 63C-4a-202 , as renumbered and amended by Laws of Utah 2013, Chapter 101
43 63C-4a-302 , as enacted by Laws of Utah 2013, Chapter 101
44 63C-6-103 , as last amended by Laws of Utah 2010, Chapter 286
45 63C-9-202 , as last amended by Laws of Utah 2010, Chapter 286
46 63C-9-702 , as last amended by Laws of Utah 2010, Chapter 286
47 63C-13-107 , as enacted by Laws of Utah 2013, Chapter 228
48 63C-14-202 , as enacted by Laws of Utah 2013, Chapter 62
49 63E-1-201 , as last amended by Laws of Utah 2007, Chapter 5
50 63F-1-202 , as last amended by Laws of Utah 2013, Chapter 53
51 63I-3-206 , as repealed and reenacted by Laws of Utah 2010, Chapter 286
52 63I-4a-202 , as renumbered and amended by Laws of Utah 2013, Chapter 325
53 63M-7-207 , as repealed and reenacted by Laws of Utah 2010, Chapter 286
54 63M-7-302 , as last amended by Laws of Utah 2010, Chapters 39 and 286
55 63M-7-405 , as last amended by Laws of Utah 2010, Chapter 286
56 63M-11-206 , as repealed and reenacted by Laws of Utah 2010, Chapter 286
57 67-1a-10 , as last amended by Laws of Utah 2010, Chapter 286
58 72-4-302 , as last amended by Laws of Utah 2012, Chapter 212
59 73-27-102 , as last amended by Laws of Utah 2013, Chapter 232
60 78A-2-502 , as last amended by Laws of Utah 2010, Chapter 286
61 78A-11-104 , as repealed and reenacted by Laws of Utah 2010, Chapter 286
62
63 Be it enacted by the Legislature of the state of Utah:
64 Section 1. Section 9-9-104.6 is amended to read:
65 9-9-104.6. Participation of state agencies in meetings with tribal leaders --
66 Contact information.
67 (1) For at least three of the joint meetings described in Subsection 9-9-104.5 (2)(a), the
68 division shall coordinate with representatives of tribal governments and the entities listed in
69 Subsection (2) to provide for the broadest participation possible in the joint meetings.
70 (2) The following may participate in all meetings described in Subsection (1):
71 (a) the chairs of the Native American Legislative Liaison Committee created in Section
72 36-22-1 ;
73 (b) the governor or the governor's designee;
74 (c) (i) the American Indian-Alaskan Native Health Liaison appointed in accordance
75 with Section 26-7-2.5 ; or
76 (ii) if the American Indian-Alaskan Native Health Liaison is not appointed, a
77 representative of the Department of Health appointed by the executive director of the
78 Department of Health; and
79 (d) a representative appointed by the chief administrative officer of the following:
80 (i) the Department of Human Services;
81 (ii) the Department of Natural Resources;
82 (iii) the Department of Workforce Services;
83 (iv) the Governor's Office of Economic Development;
84 (v) the State Office of Education; and
85 (vi) the State Board of Regents.
86 (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
87 (i) designate the name of a contact person for that agency that can assist in coordinating
88 the efforts of state and tribal governments in meeting the needs of the Native Americans
89 residing in the state; and
90 (ii) notify the division:
91 (A) who is the designated contact person described in Subsection (3)(a)(i); and
92 (B) of any change in who is the designated contact person described in Subsection
93 (3)(a)(i).
94 (b) This Subsection (3) applies to:
95 (i) the Department of Agriculture and Food;
96 (ii) the Department of Heritage and Arts;
97 (iii) the Department of Corrections;
98 (iv) the Department of Environmental Quality;
99 (v) the Department of Public Safety;
100 (vi) the Department of Transportation;
101 (vii) the Office of the Attorney General;
102 (viii) the State Tax Commission; and
103 (ix) any agency described in Subsection (2)(c) or (d).
104 (c) At the request of the division, a contact person listed in Subsection (3)(b) may
105 participate in a meeting described in Subsection (1).
106 (4) (a) A participant under this section who is not a legislator may not receive
107 compensation or benefits for the participant's service, but may receive per diem and travel
108 expenses [
109 [
110 [
111 [
112 63A-3-106 and 63A-3-107 .
113 (b) Compensation and expenses of a participant who is a legislator are governed by
114 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
115 Section 2. Section 26-54-103 is amended to read:
116 26-54-103. Traumatic Spinal Cord and Brain Injury Rehabilitation Fund
117 Advisory Committee -- Creation -- Membership -- Terms -- Duties.
118 (1) There is created a Traumatic Spinal Cord and Brain Injury Rehabilitation Fund
119 Advisory Committee.
120 (2) The advisory committee shall be composed of five members as follows:
121 (a) the executive director of the Utah Department of Health, or the executive director's
122 designee;
123 (b) a survivor, or a family member of a survivor of a traumatic brain injury, appointed
124 by the governor;
125 (c) a survivor, or a family member of a survivor of a traumatic spinal cord injury,
126 appointed by the governor;
127 (d) a member of the House of Representatives appointed by the speaker of the House of
128 Representatives; and
129 (e) a member of the Senate appointed by the president of the Senate.
130 (3) (a) The term of advisory committee members shall be four years. If a vacancy
131 occurs in the committee membership for any reason, a replacement shall be appointed for the
132 unexpired term in the same manner as the original appointment.
133 (b) The committee shall elect a chairperson from the membership.
134 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
135 is present at an open meeting, the action of the majority of members shall be the action of the
136 advisory committee.
137 (d) The terms of the advisory committee shall be staggered so that members appointed
138 under Subsections (2)(b) and (d) shall serve an initial two-year term and members appointed
139 under Subsections (2)(c) and (e) shall serve four-year terms. Thereafter, members appointed to
140 the advisory committee shall serve four-year terms.
141 (4) The advisory committee shall comply with the procedures and requirements of:
142 (a) Title 52, Chapter 4, Open and Public Meetings Act;
143 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
144 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
145 (5) (a) A member who is not a legislator may not receive compensation or benefits for
146 the member's service, but, at the executive director's discretion, may receive per diem and
147 travel expenses [
148 [
149 [
150 [
151 63A-3-106 and 63A-3-107 .
152 (b) Compensation and expenses of a member who is a legislator are governed by
153 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
154 (6) The advisory committee shall:
155 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
156 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
157 to follow in recommending distribution of money from the fund to assist qualified IRC
158 501(c)(3) charitable clinics;
159 (b) identify, evaluate, and review the quality of care available to people with traumatic
160 spinal cord and brain injuries through qualified IRC 501(c)(3) charitable clinics;
161 (c) explore, evaluate, and review other possible funding sources and make a
162 recommendation to the Legislature regarding sources that would provide adequate funding for
163 the advisory committee to accomplish its responsibilities under this section; and
164 (d) submit an annual report, not later than November 30 of each year, summarizing the
165 activities of the advisory committee and making recommendations regarding the ongoing needs
166 of people with spinal cord or brain injuries to:
167 (i) the governor;
168 (ii) the Health and Human Services Interim Committee; and
169 (iii) the Health and Human Services Appropriations Subcommittee.
170 Section 3. Section 35A-1-206 is amended to read:
171 35A-1-206. State Council on Workforce Services -- Appointment -- Membership
172 -- Terms of members -- Compensation.
173 (1) There is created a State Council on Workforce Services that shall:
174 (a) perform the activities described in Subsection (8);
175 (b) advise on issues requested by the department and the Legislature; and
176 (c) make recommendations to the department regarding:
177 (i) the implementation of Chapters 2, Economic Service Areas, 3, Employment
178 Support Act, and 5, Training and Workforce Improvement Act; and
179 (ii) the coordination of apprenticeship training.
180 (2) (a) The council shall consist of the following voting members:
181 (i) a private sector representative from each economic service area as designated by the
182 economic service area director;
183 (ii) the superintendent of public instruction or the superintendent's designee;
184 (iii) the commissioner of higher education or the commissioner's designee; and
185 (iv) the following members appointed by the governor in consultation with the
186 executive director:
187 (A) four representatives of small employers as defined by rule by the department;
188 (B) four representatives of large employers as defined by rule by the department;
189 (C) four representatives of employees or employee organizations, including at least one
190 representative from nominees suggested by public employees organizations;
191 (D) two representatives of the clients served under this title including
192 community-based organizations;
193 (E) a representative of veterans in the state;
194 (F) the executive director of the Utah State Office of Rehabilitation; and
195 (G) the Applied Technology College president.
196 (b) The following shall serve as nonvoting ex officio members of the council:
197 (i) the executive director or the executive director's designee;
198 (ii) a legislator appointed by the governor from nominations of the speaker of the
199 House of Representatives and president of the Senate;
200 (iii) the executive director of the Department of Human Services;
201 (iv) the director of the Governor's Office of Economic Development or the director's
202 designee; and
203 (v) the executive director of the Department of Health.
204 (3) (a) The governor shall appoint one nongovernmental member from the council as
205 the chair of the council.
206 (b) The chair shall serve at the pleasure of the governor.
207 (4) (a) A member appointed by the governor shall serve a term of four years and may
208 be reappointed to one additional term.
209 (b) A member shall continue to serve until the member's successor has been appointed
210 and qualified.
211 (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
212 governor shall appoint each new member or reappointed member to a four-year term.
213 (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the
214 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
215 council members are staggered so that approximately one half of the council is appointed every
216 two years.
217 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
218 appointed for the unexpired term.
219 (5) A majority of the voting members constitutes a quorum for the transaction of
220 business.
221 (6) (a) A member who is not a legislator may not receive compensation or benefits for
222 the member's service, but may receive per diem and travel expenses [
223 allowed in:
224 [
225 [
226 [
227 63A-3-106 and 63A-3-107 .
228 (b) Compensation and expenses of a member who is a legislator are governed by
229 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
230 (7) The department shall provide staff and administrative support to the council at the
231 direction of the executive director.
232 (8) The council shall:
233 (a) develop a state workforce services plan in accordance with Section 35A-1-207 ;
234 (b) review economic service area plans to certify consistency with state policy
235 guidelines;
236 (c) improve the understanding and visibility of state workforce services efforts through
237 external and internal marketing strategies;
238 (d) submit, before November 1, an annual written report to the governor and the
239 Legislature on accomplishments related to the activities of the department;
240 (e) issue other studies, reports, or documents the council considers advisable that are
241 not required under Subsection (8)(d);
242 (f) coordinate the planning and delivery of workforce development services with public
243 education, higher education, vocational rehabilitation, and human services; and
244 (g) perform other responsibilities within the scope of workforce services as requested
245 by:
246 (i) the Legislature;
247 (ii) the governor; or
248 (iii) the executive director.
249 Section 4. Section 36-12-20 is amended to read:
250 36-12-20. Development of proposed energy producer states' agreement --
251 Membership selection -- Agreements -- Goals -- Meetings -- Reports.
252 (1) The speaker of the House shall appoint two members of the House and the
253 president of the Senate shall appoint two members of the Senate, of which no more than three
254 of the four members shall be from the same political party, to study and work with legislative
255 members of other energy producing states for the purpose of developing a proposed energy
256 producer states' agreement.
257 (2) The proposed energy producer states' agreement shall have the following goals:
258 (a) to encourage domestic development of energy in the United States;
259 (b) to ensure the continued development of each state's domestic natural resources;
260 (c) to deliver a unified message to the federal government from energy producing states
261 by:
262 (i) participating in the development of proposed federal legislation and regulations; and
263 (ii) making recommendations regarding existing federal law and regulations including
264 the following:
265 (A) the Environmental Protection Act;
266 (B) the Endangered Species Act; and
267 (C) federal land access issues that affect the production of energy;
268 (d) to eliminate or reduce overly broad federal legislation; and
269 (e) to identify and address consequences of delays and cancellations of economically
270 viable energy projects.
271 (3) Appointed members shall:
272 (a) produce a report with recommendations regarding an energy producer states'
273 agreement; and
274 (b) present the report to the Natural Resources, Agriculture, and Environment Interim
275 Committee on or before November 30 of each year.
276 [
277
278
279
280 (4) Compensation and expenses of a member who is a legislator are governed by
281 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
282 (5) The Office of Legislative Research and General Counsel shall provide staff
283 assistance as requested.
284 Section 5. Section 36-22-1 is amended to read:
285 36-22-1. Native American Legislative Liaison Committee -- Creation --
286 Membership -- Chairs -- Salaries and expenses.
287 (1) There is created the Native American Legislative Liaison Committee.
288 (2) The committee shall consist of 11 members:
289 (a) seven members from the House of Representatives appointed by the speaker, no
290 more than four of whom shall be members of the same political party; and
291 (b) four members of the Senate appointed by the president, no more than two of whom
292 shall be members of the same political party.
293 (3) The speaker of the House shall select one of the members from the House of
294 Representatives to act as cochair of the committee.
295 (4) The president of the Senate shall select one of the members from the Senate to act
296 as cochair of the committee.
297 [
298
299 (5) Compensation and expenses of a member who is a legislator are governed by
300 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
301 Section 6. Section 36-23-104 is amended to read:
302 36-23-104. Committee meetings -- Compensation -- Quorum -- Legislative rules.
303 (1) The committee shall meet at least twice before November 1 of each year, at the call
304 of the committee chairs, to carry out the duties described in this chapter.
305 (2) (a) A [
306 benefits for the member's service, but may receive per diem and travel expenses [
307
308 [
309 [
310 [
311 63A-3-106 and 63A-3-107 .
312 (b) Compensation and expenses of a member who is a legislator are governed by
313 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
314 (3) (a) Five members of the committee constitute a quorum.
315 (b) If a quorum is present, the action of a majority of members present is the action of
316 the committee.
317 (4) Except as provided in Subsection (3), in conducting all its business, the committee
318 shall comply with the rules of legislative interim committees regarding motions.
319 Section 7. Section 36-25-102 is amended to read:
320 36-25-102. Rural Development Legislative Liaison Committee -- Creation --
321 Membership -- Chairs -- Salary -- Expenses.
322 (1) There is created the Rural Development Legislative Liaison Committee composed
323 of 11 members as follows:
324 (a) four members of the Senate appointed by the president of the Senate, no more than
325 two of whom shall be from the same political party; and
326 (b) seven members from the House of Representatives appointed by the speaker of the
327 House of Representatives, no more than four of whom shall be from the same political party.
328 (2) Senators and representatives from nonrural legislative districts may be considered
329 for membership on the committee.
330 (3) (a) The president of the Senate shall designate a member of the Senate appointed
331 under Subsection (1)(a) as a cochair.
332 (b) The speaker of the House of Representatives shall designate a member of the House
333 of Representatives appointed under Subsection (1)(b) as a cochair of the committee.
334 [
335
336 (4) Compensation and expenses of a member who is a legislator are governed by
337 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
338 Section 8. Section 36-26-102 is amended to read:
339 36-26-102. Utah International Relations and Trade Commission -- Creation --
340 Membership -- Chairs -- Per diem and expenses.
341 (1) There is created the Utah International Relations and Trade Commission.
342 (2) The commission membership consists of 13 members:
343 (a) eight members to be appointed as follows:
344 (i) five members from the House of Representatives, appointed by the speaker of the
345 House of Representatives, no more than three from the same political party; and
346 (ii) three members from the Senate, appointed by the president of the Senate, no more
347 than two members from the same political party;
348 (b) four nonvoting members to be appointed by the governor, including at least:
349 (i) one representative from a Utah industry involved in international trade;
350 (ii) one expert in international finance; and
351 (iii) one expert in higher education with international experience; and
352 (c) the Utah Attorney General or designee, who is a nonvoting member.
353 (3) (a) The members appointed or reappointed by the governor shall serve two-year
354 terms.
355 (b) Notwithstanding the requirement of Subsection (3)(a), the governor shall, at the
356 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
357 these members are staggered so that approximately half of the members are appointed or
358 reappointed under Subsection (3)(c) every two years.
359 (c) When a vacancy occurs among members appointed by the governor, the
360 replacement shall be appointed for the unexpired term.
361 (4) Four members of the commission constitute a quorum.
362 (5) (a) The speaker of the House of Representatives shall designate a member of the
363 House of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
364 (b) The president of the Senate shall designate a member of the Senate appointed under
365 Subsection (2)(a) as a cochair of the commission.
366 (6) (a) A member who is not a legislator may not receive compensation or benefits for
367 the member's service, but may receive per diem and travel expenses [
368 allowed in:
369 [
370 [
371 [
372 63A-3-106 and 63A-3-107 .
373 (b) Compensation and expenses of a member who is a legislator are governed by
374 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
375 Section 9. Section 53A-1-1002 is amended to read:
376 53A-1-1002. Creation of State Council on Military Children.
377 (1) There is established a State Council on Military Children, as required in Article
378 VIII of Section 53A-1-1001 .
379 (2) The members of the State Council on Military Children shall include:
380 (a) the state superintendent of public instruction;
381 (b) a superintendent of a school district with a high concentration of military children
382 appointed by the governor;
383 (c) a representative from a military installation, appointed by the governor;
384 (d) one member of the House of Representatives, appointed by the speaker of the
385 House;
386 (e) one member of the Senate, appointed by the president of the Senate;
387 (f) a representative from the Department of Veterans' and Military Affairs, appointed
388 by the governor;
389 (g) a military family education liaison, appointed by the members listed in Subsections
390 (2)(a) through (f);
391 (h) the compact commissioner, appointed in accordance with Section 53A-1-1003 ; and
392 (i) other members as determined by the governor.
393 (3) The State Council on Military Children shall carry out the duties established in
394 Section 53A-1-1001 .
395 (4) [
396 per diem.
397 (b) Compensation and expenses of a member who is a legislator are governed by
398 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
399 Section 10. Section 53A-13-109 is amended to read:
400 53A-13-109. Civic and character education -- Definitions -- Legislative finding --
401 Elements -- Reporting requirements.
402 (1) As used in this section:
403 (a) "Character education" means reaffirming values and qualities of character which
404 promote an upright and desirable citizenry.
405 (b) "Civic education" means the cultivation of informed, responsible participation in
406 political life by competent citizens committed to the fundamental values and principles of
407 representative democracy in Utah and the United States.
408 (c) "Values" means time-established principles or standards of worth.
409 (2) The Legislature recognizes that:
410 (a) Civic and character education are fundamental elements of the public education
411 system's core mission as originally intended and established under Article X of the Utah
412 Constitution;
413 (b) Civic and character education are fundamental elements of the constitutional
414 responsibility of public education and shall be a continuing emphasis and focus in public
415 schools;
416 (c) the cultivation of a continuing understanding and appreciation of a constitutional
417 republic and principles of representative democracy in Utah and the United States among
418 succeeding generations of educated and responsible citizens is important to the nation and
419 state;
420 (d) the primary responsibility for the education of children within the state resides with
421 their parents or guardians and that the role of state and local governments is to support and
422 assist parents in fulfilling that responsibility;
423 (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
424 informed and responsible citizens who are deeply attached to essential democratic values and
425 institutions; and
426 (f) the happiness and security of American society relies upon the public virtue of its
427 citizens which requires a united commitment to a moral social order where self-interests are
428 willingly subordinated to the greater common good.
429 (3) Through an integrated curriculum, students shall be taught in connection with
430 regular school work:
431 (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
432 (b) respect for and an understanding of the Declaration of Independence and the
433 constitutions of the United States and of the state of Utah;
434 (c) Utah history, including territorial and preterritorial development to the present;
435 (d) the essentials and benefits of the free enterprise system;
436 (e) respect for parents, home, and family;
437 (f) the dignity and necessity of honest labor; and
438 (g) other skills, habits, and qualities of character which will promote an upright and
439 desirable citizenry and better prepare students to recognize and accept responsibility for
440 preserving and defending the blessings of liberty inherited from prior generations and secured
441 by the constitution.
442 (4) Local school boards and school administrators may provide training, direction, and
443 encouragement, as needed, to accomplish the intent and requirements of this section and to
444 effectively emphasize civic and character education in the course of regular instruction in the
445 public schools.
446 (5) Civic and character education in public schools are:
447 (a) not intended to be separate programs in need of special funding or added specialists
448 to be accomplished; and
449 (b) core principles which reflect the shared values of the citizens of Utah and the
450 founding principles upon which representative democracy in the United States and the state of
451 Utah are based.
452 (6) To assist the Commission on Civic and Character Education in fulfilling the
453 commission's duties under Section [
454 school district and the State Charter School Board shall submit to the lieutenant governor and
455 the commission a report summarizing how civic and character education are achieved in the
456 school district or charter schools through an integrated school curriculum and in the regular
457 course of school work as provided in this section.
458 (7) Each year, the State Board of Education shall report to the Education Interim
459 Committee, on or before the October meeting, the methods used, and the results being
460 achieved, to instruct and prepare students to become informed and responsible citizens through
461 an integrated curriculum taught in connection with regular school work as required in this
462 section.
463 Section 11. Section 59-1-905 is amended to read:
464 59-1-905. Per diem and travel expenses.
465 (1) A member who is not a legislator may not receive compensation or benefits for the
466 member's service, but may receive per diem and travel expenses [
467 allowed in:
468 [
469 [
470 [
471 63A-3-106 and 63A-3-107 .
472 (2) Compensation and expenses of a member who is a legislator are governed by
473 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
474 Section 12. Section 62A-1-120 is amended to read:
475 62A-1-120. Utah Marriage Commission.
476 (1) As used in this section, "commission" means the Utah Marriage Commission
477 created by this section.
478 (2) There is created within the department the "Utah Marriage Commission."
479 (3) The commission shall consist of 17 members appointed as follows:
480 (a) two members of the Senate appointed by the president of the Senate;
481 (b) two members of the House of Representatives appointed by the speaker of the
482 House of Representatives;
483 (c) six current or former representatives from marriage and family studies departments,
484 social or behavioral sciences departments, health sciences departments, colleges of law, or
485 other related and supporting departments at institutions of higher education in this state, as
486 shall be appointed by the governor;
487 (d) five representatives selected and appointed by the governor from among the
488 following groups:
489 (i) social workers who are or have been licensed under Title 58, Chapter 60, Part 2,
490 Social Worker Licensing Act;
491 (ii) psychologists who are or have been licensed under Title 58, Chapter 61,
492 Psychologist Licensing Act;
493 (iii) physicians who are or have been board certified in psychiatry and are or have been
494 licensed under Title 58, Chapter 67, Utah Medical Practice Act;
495 (iv) marriage and family therapists who are or have been licensed under Title 58,
496 Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
497 (v) representatives of faith communities;
498 (vi) public health professionals;
499 (vii) representatives of domestic violence prevention organizations; or
500 (viii) legal professionals; and
501 (e) two representatives of the general public appointed by the members of the
502 commission appointed under Subsections (3)(a) through (d).
503 (4) (a) A member appointed under Subsections (3)(c) through (e) shall serve for a term
504 of four years. A member may be appointed for subsequent terms.
505 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
506 or reappointment, adjust the length of terms to ensure that the terms of commission members
507 are staggered so that approximately half of the commission is appointed every two years.
508 (c) A commission member shall serve until a replacement is appointed and qualified.
509 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
510 appointed for the unexpired term in the same manner as the original appointment.
511 (5) (a) The commission shall annually elect a chair from its membership.
512 (b) The commission shall hold meetings as needed to carry out its duties. A meeting
513 may be held on the call of the chair or a majority of the commission members.
514 (c) Nine commission members constitute a quorum and, if a quorum exists, the action
515 of a majority of commission members present constitutes the action of the commission.
516 (6) (a) A commission member who is not a legislator may not receive compensation or
517 benefits for the commission member's service, but may receive per diem and travel expenses
518 [
519 [
520 [
521 [
522 63A-3-106 and 63A-3-107 .
523 (b) Compensation and expenses of a commission member who is a legislator are
524 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
525 Expenses.
526 (7) The department shall staff the commission.
527 (8) The commission shall:
528 (a) promote coalitions and collaborative efforts to uphold and encourage a strong and
529 healthy culture of strong and lasting marriages and stable families;
530 (b) contribute to greater awareness of the importance of marriage and leading to
531 reduced divorce and unwed parenthood in the state;
532 (c) promote public policies that support marriage;
533 (d) promote programs and activities that educate individuals and couples on how to
534 achieve strong, successful, and lasting marriages, including promoting and assisting in the
535 offering of:
536 (i) events;
537 (ii) classes and services, including those designed to promote strong, healthy, and
538 lasting marriages and prevent domestic violence;
539 (iii) marriage and relationship education conferences for the public and professionals;
540 and
541 (iv) enrichment seminars;
542 (e) actively promote measures designed to maintain and strengthen marriage, family,
543 and the relationships between husband and wife and parents and children; and
544 (f) support volunteerism and private financial contributions and grants in partnership
545 with the commission and in support of the commission's purposes and activities for the benefit
546 of the state as provided in this section.
547 (9) Funding for the commission shall be as approved by the Legislature through annual
548 appropriations and the added funding sought by the commission from private contributions and
549 grants that support the duties of the commission described in Subsection (8).
550 Section 13. Section 62A-4a-207 is amended to read:
551 62A-4a-207. Legislative Oversight Panel -- Responsibilities.
552 (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
553 following members:
554 (i) two members of the Senate, one from the majority party and one from the minority
555 party, appointed by the president of the Senate; and
556 (ii) three members of the House of Representatives, two from the majority party and
557 one from the minority party, appointed by the speaker of the House of Representatives.
558 (b) Members of the panel shall serve for two-year terms, or until their successors are
559 appointed.
560 (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
561 when a member resigns from the panel. Vacancies shall be filled by the appointing authority,
562 and the replacement shall fill the unexpired term.
563 (2) The president of the Senate shall designate one of the senators appointed to the
564 panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of
565 Representatives shall designate one of the representatives appointed to the panel under
566 Subsection (1) as the House chair of the panel.
567 (3) The panel shall follow the interim committee rules established by the Legislature.
568 (4) The panel shall:
569 (a) examine and observe the process and execution of laws governing the child welfare
570 system by the executive branch and the judicial branch;
571 (b) upon request, receive testimony from the public, the juvenile court, and from all
572 state agencies involved with the child welfare system, including the division, other offices and
573 agencies within the department, the attorney general's office, the Office of Guardian Ad Litem,
574 and school districts;
575 (c) before October 1 of each year, receive a report from the judicial branch identifying
576 the cases not in compliance with the time limits established in the following sections, and the
577 reasons for noncompliance:
578 (i) Subsection 78A-6-306 (1)(a), regarding shelter hearings;
579 (ii) Section 78A-6-309 , regarding pretrial and adjudication hearings;
580 (iii) Section 78A-6-312 , regarding dispositional hearings and reunification services;
581 and
582 (iv) Section 78A-6-314 , regarding permanency hearings and petitions for termination;
583 (d) receive recommendations from, and make recommendations to the governor, the
584 Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile
585 court, and the public;
586 (e) (i) receive reports from the executive branch and the judicial branch on budgetary
587 issues impacting the child welfare system; and
588 (ii) recommend, as the panel considers advisable, budgetary proposals to the Social
589 Services Appropriations Subcommittee and the Executive Offices and Criminal Justice
590 Appropriations Subcommittee, which recommendation should be made before December 1 of
591 each year;
592 (f) study and recommend proposed changes to laws governing the child welfare
593 system;
594 (g) study actions the state can take to preserve, unify, and strengthen the child's family
595 ties whenever possible in the child's best interest, including recognizing the constitutional
596 rights and claims of parents whenever those family ties are severed or infringed;
597 (h) perform such other duties related to the oversight of the child welfare system as the
598 panel considers appropriate; and
599 (i) annually report the panel's findings and recommendations to the president of the
600 Senate, the speaker of the House of Representatives, the Health and Human Services Interim
601 Committee, and the Judiciary Interim Committee.
602 (5) (a) The panel has authority to review and discuss individual cases.
603 (b) When an individual case is discussed, the panel's meeting may be closed pursuant
604 to Title 52, Chapter 4, Open and Public Meetings Act.
605 (c) When discussing an individual case, the panel shall make reasonable efforts to
606 identify and consider the concerns of all parties to the case.
607 (6) (a) The panel has authority to make recommendations to the Legislature, the
608 governor, the Board of Juvenile Court Judges, the division, and any other statutorily created
609 entity related to the policies and procedures of the child welfare system. The panel does not
610 have authority to make recommendations to the court, the division, or any other public or
611 private entity regarding the disposition of any individual case.
612 (b) The panel may hold public hearings, as it considers advisable, in various locations
613 within the state in order to afford all interested persons an opportunity to appear and present
614 their views regarding the child welfare system in this state.
615 (7) (a) All records of the panel regarding individual cases shall be classified private,
616 and may be disclosed only in accordance with federal law and the provisions of Title 63G,
617 Chapter 2, Government Records Access and Management Act.
618 (b) The panel shall have access to all of the division's records, including those
619 regarding individual cases. In accordance with Title 63G, Chapter 2, Government Records
620 Access and Management Act, all documents and information received by the panel shall
621 maintain the same classification that was designated by the division.
622 (8) In order to accomplish its oversight functions, the panel has:
623 (a) all powers granted to legislative interim committees in Section 36-12-11 ; and
624 (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena
625 Powers.
626 [
627
628 (9) Compensation and expenses of a member of the panel who is a legislator are
629 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
630 Expenses.
631 (10) (a) The Office of Legislative Research and General Counsel shall provide staff
632 support to the panel.
633 (b) The panel is authorized to employ additional professional assistance and other staff
634 members as it considers necessary and appropriate.
635 Section 14. Section 63A-3-106 is amended to read:
636 63A-3-106. Per diem rates for board members.
637 (1) As used in this section and Section 63A-3-107 :
638 (a) "Board" means a board, commission, council, committee, task force, or similar
639 body established to perform a governmental function.
640 (b) "Board member" means a person appointed or designated by statute to serve on a
641 board.
642 (c) "Executive branch" means a department, division, agency, board, or office within
643 the executive branch of state government.
644 (d) "Governmental entity" has the same meaning as provided under Section
645 63G-2-103 .
646 (e) "Higher education" means a state institution of higher education, as defined under
647 Section 53B-1-102 .
648 (f) "Officer" means a person who is elected or appointed to an office or position within
649 a governmental entity.
650 (g) "Official meeting" means a meeting of a board that is called in accordance with
651 statute.
652 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
653 subject to approval by the executive director, the director of the Division of Finance shall make
654 rules establishing per diem rates to defray subsistence costs for a board member's attendance at
655 an official meeting.
656 (3) Unless otherwise provided by statute, a per diem rate established under Subsection
657 (2) is applicable to a board member who serves:
658 (a) within the executive branch, except as provided under Subsection (3)(b);
659 (b) within higher education, unless higher education pays the costs of the per diem;
660 (c) on a board that is:
661 (i) not included under Subsection (3)(a) or (b); and
662 (ii) created by a statute that adopts the per diem rates by reference to:
663 (A) this section; and
664 (B) the rule authorized by this section; and
665 (d) within a government entity that is not included under Subsection (3)(a), if the
666 government entity adopts the per diem rates by reference to:
667 (i) this section; or
668 (ii) the rule establishing the per diem rates.
669 (4) (a) Unless otherwise provided by statute, a board member who is not a legislator
670 may receive per diem under this section and travel expenses under Section 63A-3-107 if the per
671 diem and travel expenses are incurred by the board member for attendance at an official
672 meeting.
673 (b) Notwithstanding Subsection (4)(a), a board member may not receive per diem or
674 travel expenses under this Subsection (4) if the board member is being paid by a governmental
675 entity while performing the board member's service on the board.
676 (5) A board member may decline to receive per diem for the board member's service.
677 (6) Compensation and expenses of a board member who is a legislator are governed by
678 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
679 Section 15. Section 63A-3-107 is amended to read:
680 63A-3-107. Travel expenses of board members and state officers and employees.
681 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
682 subject to approval by the executive director, the director of the Division of Finance shall make
683 rules governing in-state and out-of-state travel expenses.
684 (2) Unless otherwise provided by statute, a travel expense rule established under
685 Subsection (1) is applicable to:
686 (a) a board member, an officer, or employee of the executive branch, except as
687 provided under Subsection (2)(b);
688 (b) a board member, an officer, or employee of higher education, unless higher
689 education pays the costs of the travel expenses;
690 (c) a board member who:
691 (i) is not included under Subsection (2)(a) or (b); and
692 (ii) serves on a board created by a statute that adopts the travel expense rates by
693 reference to:
694 (A) this section; and
695 (B) the rule authorized by this section; and
696 (d) a government entity that is not included under Subsection (2)(a), if the government
697 entity adopts the travel expense provisions by reference to:
698 (i) this section; or
699 (ii) the rule establishing the travel expense provisions.
700 (3) The Division of Finance shall make the travel expense rules on the basis of:
701 (a) a mileage allowance; and
702 (b) reimbursement for other travel expenses incurred.
703 (4) The travel expense rules may specify an exception to a travel expense rule or allow
704 the director of the Division of Finance to make an exception to a travel expense rule, when
705 justified by the executive director of the executive branch agency or department, to meet
706 special circumstances encountered in official attendance at a conference, convention, meeting,
707 or other official business, as determined by the director of the Division of Finance.
708 (5) An officer or employee of the executive branch may not incur obligations for travel
709 outside the state without the advance approval of the executive director or a designee of the
710 executive director of an executive branch department or agency.
711 (6) A board member may decline to receive travel expenses for the board member's
712 service.
713 (7) Compensation and expenses of a board member who is a legislator are governed by
714 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
715 Section 16. Section 63A-3-403 is amended to read:
716 63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --
717 Duties.
718 (1) There is created within the department the Utah Transparency Advisory Board
719 comprised of members knowledgeable about public finance or providing public access to
720 public information.
721 (2) The board consists of:
722 (a) an individual appointed by the director of the Division of Finance;
723 (b) an individual appointed by the executive director of the Governor's Office of
724 Management and Budget;
725 (c) an individual appointed by the governor on advice from the Legislative Fiscal
726 Analyst;
727 (d) one member of the Senate, appointed by the governor on advice from the president
728 of the Senate;
729 (e) one member of the House of Representatives, appointed by the governor on advice
730 from the speaker of the House of Representatives;
731 (f) an individual appointed by the director of the Department of Technology Services;
732 (g) the director of the Division of Archives created in Section 63A-12-101 or the
733 director's designee;
734 (h) an individual who is a member of the State Records Committee created in Section
735 63G-2-501 , appointed by the governor;
736 (i) an individual representing counties, appointed by the governor;
737 (j) an individual representing municipalities, appointed by the governor; and
738 (k) two individuals who are members of the public and who have knowledge,
739 expertise, or experience in matters relating to the board's duties under Subsection (10),
740 appointed by the board members identified in Subsections (2)(a) through (j).
741 (3) The board shall:
742 (a) advise the division on matters related to the implementation and administration of
743 this part;
744 (b) develop plans, make recommendations, and assist in implementing the provisions
745 of this part;
746 (c) determine what public financial information shall be provided by participating state
747 and local entities, if the public financial information:
748 (i) only includes records that:
749 (A) are classified as public under Title 63G, Chapter 2, Government Records Access
750 and Management Act;
751 (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
752 revenues, regardless of the source; and
753 (C) are owned, held, or administered by the participating state or local entity that is
754 required to provide the record; and
755 (ii) is of the type or nature that should be accessible to the public via a website based
756 on considerations of:
757 (A) the cost effectiveness of providing the information;
758 (B) the value of providing the information to the public; and
759 (C) privacy and security considerations;
760 (d) evaluate the cost effectiveness of implementing specific information resources and
761 features on the website;
762 (e) establish size or budget thresholds to identify those local entities that qualify as
763 participating local entities as defined in this part, giving special consideration to the budget and
764 resource limitations of an entity with a current annual budget of less than $10,000,000;
765 (f) require participating local entities to provide public financial information in
766 accordance with the requirements of this part, with a specified content, reporting frequency,
767 and form;
768 (g) require a participating local entity's website to be accessible by link or other direct
769 route from the Utah Public Finance Website if the participating local entity does not use the
770 Utah Public Finance Website; and
771 (h) determine the search methods and the search criteria that shall be made available to
772 the public as part of a website used by a participating local entity under the requirements of this
773 part, which criteria may include:
774 (i) fiscal year;
775 (ii) expenditure type;
776 (iii) name of the agency;
777 (iv) payee;
778 (v) date; and
779 (vi) amount.
780 (4) The board shall annually elect a chair and a vice chair from its members.
781 (5) (a) Each member shall serve a two-year term.
782 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
783 appointed for the remainder of the unexpired term.
784 (6) To accomplish its duties, the board[
785
786 (7) Reasonable notice shall be given to each member of the board before any meeting.
787 (8) A majority of the board constitutes a quorum for the transaction of business.
788 (9) (a) A member who is not a legislator may not receive compensation or benefits for
789 the member's service, but may receive per diem and travel expenses [
790 allowed in:
791 [
792 [
793 [
794 63A-3-106 and 63A-3-107 .
795 (b) Compensation and expenses of a member who is a legislator are governed by
796 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
797 (10) (a) As used in this Subsection (10):
798 (i) "Information website" means a single Internet website containing public information
799 or links to public information.
800 (ii) "Public information" means records of state or local government that are classified
801 as public under Title 63G, Chapter 2, Government Records Access and Management Act.
802 (b) The board shall:
803 (i) study the establishment of an information website and develop recommendations for
804 its establishment;
805 (ii) develop recommendations about how to make public information more readily
806 available to the public through the information website;
807 (iii) develop standards to make uniform the format and accessibility of public
808 information posted to the information website; and
809 (iv) [
810 standards developed under Subsections (10)(b)(i) through (iii) to the executive director and the
811 Legislative Management Committee.
812 (c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
813 principles that encourage:
814 (i) (A) the establishment of a standardized format of public information that makes the
815 information more easily accessible by the public;
816 (B) the removal of restrictions on the reuse of public information;
817 (C) minimizing limitations on the disclosure of public information while appropriately
818 safeguarding sensitive information; and
819 (D) balancing factors in favor of excluding public information from an information
820 website against the public interest in having the information accessible on an information
821 website;
822 (ii) (A) permanent, lasting, open access to public information; and
823 (B) the publication of bulk public information;
824 (iii) the implementation of well-designed public information systems that ensure data
825 quality, create a public, comprehensive list or index of public information, and define a process
826 for continuous publication of and updates to public information;
827 (iv) the identification of public information not currently made available online and the
828 implementation of a process, including a timeline and benchmarks, for making that public
829 information available online; and
830 (v) accountability on the part of those who create, maintain, manage, or store public
831 information or post it to an information website.
832 (d) The department shall implement the board's recommendations, including the
833 establishment of an information website, to the extent that implementation:
834 (i) is approved by the Legislative Management Committee;
835 (ii) does not require further legislative appropriation; and
836 (iii) is within the department's existing statutory authority.
837 Section 17. Section 63A-3-404 is amended to read:
838 63A-3-404. Rulemaking authority.
839 (1) After consultation with the board, and in accordance with Title 63G, Chapter 3,
840 Utah Administrative Rulemaking Act, the Division of Finance shall make rules to:
841 (a) require participating state entities to provide public financial information for
842 inclusion on the Utah Public Finance Website;
843 (b) define, either uniformly for all participating state entities, or on an entity by entity
844 basis, the term "public financial information" using the standards provided in Subsection
845 63A-3-403 [
846 (c) establish procedures for obtaining, submitting, reporting, storing, and providing
847 public financial information on the Utah Public Finance Website, which may include a
848 specified reporting frequency and form.
849 (2) After consultation with the board, and in accordance with Title 63G, Chapter 3,
850 Utah Administrative Rulemaking Act, the Division of Finance may make rules to:
851 (a) require a participating state or local entity to list certain expenditures made by a
852 person under a contract with the entity; and
853 (b) if a list is required under Subsection (2)(a), require the following information to be
854 included:
855 (i) the name of the participating state or local entity making the expenditure;
856 (ii) the name of the person receiving the expenditure;
857 (iii) the date of the expenditure;
858 (iv) the amount of the expenditure;
859 (v) the purpose of the expenditure;
860 (vi) the name of each party to the contract;
861 (vii) an electronic copy of the contract; or
862 (viii) any other criteria designated by rule.
863 Section 18. Section 63C-4a-202 is amended to read:
864 63C-4a-202. Creation of Constitutional Defense Council -- Membership --
865 Vacancies -- Meetings -- Staff -- Reports -- Per diem, travel expenses, and funding.
866 (1) There is created the Constitutional Defense Council.
867 (2) (a) The council shall consist of the following members:
868 (i) the governor or the lieutenant governor, who shall serve as chair of the council;
869 (ii) the president of the Senate or the president of the Senate's designee who shall serve
870 as vice chair of the council;
871 (iii) the speaker of the House or the speaker of the House's designee who shall serve as
872 vice chair of the council;
873 (iv) another member of the House, appointed by the speaker of the House;
874 (v) the minority leader of the Senate or the minority leader of the Senate's designee;
875 (vi) the minority leader of the House or the minority leader of the House's designee;
876 (vii) the attorney general or the attorney general's designee, who shall be one of the
877 attorney general's appointees, not a current career service employee;
878 (viii) the director of the School and Institutional Trust Lands Administration;
879 (ix) four elected county commissioners, county council members, or county executives
880 from different counties who are selected by the Utah Association of Counties, at least one of
881 whom shall be from a county of the first or second class;
882 (x) the executive director of the Department of Natural Resources, who may not vote;
883 (xi) the commissioner of the Department of Agriculture and Food, who may not vote;
884 (xii) the director of the Governor's Office of Economic Development, who may not
885 vote; and
886 (xiii) two elected county commissioners, county council members, or county
887 executives from different counties appointed by the Utah Association of Counties, who may
888 not vote.
889 (b) The council vice chairs shall conduct a council meeting in the absence of the chair.
890 (c) If both the governor and the lieutenant governor are absent from a meeting of the
891 council, the governor may designate a person to attend the meeting solely for the purpose of
892 casting a vote on any matter on the governor's behalf.
893 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
894 appointed for the unexpired term in the same manner as the original appointment.
895 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the council shall meet at least
896 monthly or more frequently as needed.
897 (ii) The council need not meet monthly if the chair, after polling the members,
898 determines that a majority of the members do not wish to meet.
899 (b) The governor or any six members of the council may call a meeting of the council.
900 (c) Before calling a meeting, the governor or council members shall solicit items for
901 the agenda from other members of the council.
902 (d) (i) The council shall require that any entity, other than the commission, that
903 receives money from the Constitutional Defense Restricted Account provide financial reports
904 and litigation reports to the council.
905 (ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting
906 under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from
907 complying with Title 63G, Chapter 2, Government Records Access and Management Act.
908 (e) A majority of the voting membership on the council is required for a quorum to
909 conduct council business. A majority vote of the quorum is required for any action taken by
910 the council.
911 (5) (a) The Office of the Attorney General shall advise the council.
912 (b) The Public Lands Policy Coordinating Office shall provide staff assistance for
913 meetings of the council.
914 (6) (a) A member of the council who is not a legislator may not receive compensation
915 or benefits for the member's service, but may receive per diem and travel expenses [
916
917 [
918 [
919 [
920 63A-3-106 and 63A-3-107 .
921 (b) Compensation and expenses of a member of the council who is a legislator are
922 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
923 Expenses.
924 (7) Money appropriated for or received by the council may be expended by the
925 governor in consultation with the council.
926 Section 19. Section 63C-4a-302 is amended to read:
927 63C-4a-302. Creation of Commission on Federalism -- Membership meetings --
928 Staff -- Expenses.
929 (1) There is created the Commission on Federalism, comprised of the following seven
930 members:
931 (a) the president of the Senate or the president of the Senate's designee who shall serve
932 as cochair of the commission;
933 (b) another member of the Senate, appointed by the president of the Senate;
934 (c) the speaker of the House or the speaker of the House's designee who shall serve as
935 cochair of the commission;
936 (d) two other members of the House, appointed by the speaker of the House;
937 (e) the minority leader of the Senate or the minority leader of the Senate's designee;
938 and
939 (f) the minority leader of the House or the minority leader of the House's designee.
940 (2) (a) A majority of the members of the commission constitute a quorum of the
941 commission.
942 (b) Action by a majority of the members of a quorum constitutes action by the
943 commission.
944 (3) The commission shall meet six times each year, unless additional meetings are
945 approved by the Legislative Management Committee.
946 (4) The Office of Legislative Research and General Counsel shall provide staff support
947 to the commission.
948 [
949
950
951
952 (5) Compensation and expenses of a member of the commission who is a legislator are
953 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
954 Expenses.
955 (6) Nothing in this section prohibits the commission from closing a meeting under
956 Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the commission from
957 complying with Title 63G, Chapter 2, Government Records Access and Management Act.
958 Section 20. Section 63C-6-103 is amended to read:
959 63C-6-103. Compensation of members -- Per diem and travel expenses.
960 (1) A member who is not a legislator may not receive compensation or benefits for the
961 member's service, but may receive per diem and travel expenses [
962 allowed in:
963 [
964 [
965 [
966 63A-3-106 and 63A-3-107 .
967 (2) Compensation and expenses of a member who is a legislator are governed by
968 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
969 Section 21. Section 63C-9-202 is amended to read:
970 63C-9-202. Terms -- Vacancies -- Chair -- Vice chair -- Meetings --
971 Compensation.
972 (1) (a) The governor, president of the Senate, speaker of the House, chief justice, state
973 treasurer, state attorney general, and state historic preservation officer shall serve terms
974 coterminous with their office.
975 (b) The other members shall serve two-year terms.
976 (2) Vacancies in the appointed positions shall be filled by the original appointing
977 authority for the unexpired term.
978 (3) (a) Except as provided in Subsection (3)(b), the governor is chair of the board.
979 (b) When the governor is absent from meetings of the board, the vice chair is chair of
980 the board.
981 (c) The governor shall appoint a member of the board to serve as vice chair with the
982 approval of a majority of the members of the board.
983 (4) The board shall meet at least quarterly and at other times at the call of the governor
984 or at the request of four members of the board.
985 (5) (a) A member who is not a legislator may not receive compensation or benefits for
986 the member's service, but may receive per diem and travel expenses [
987 allowed in:
988 [
989 [
990 [
991 63A-3-106 and 63A-3-107 .
992 (b) Compensation and expenses of a member who is a legislator are governed by
993 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
994 Section 22. Section 63C-9-702 is amended to read:
995 63C-9-702. Art Placement Subcommittee to the State Capitol Preservation Board
996 -- Created -- Membership -- Operations.
997 (1) (a) There is created an Art Placement Subcommittee to the State Capitol
998 Preservation Board composed of 11 members appointed as provided in this Subsection (1).
999 (b) (i) The governor shall appoint:
1000 (A) an architect, from a list of three architects submitted by the American Institute of
1001 Architects;
1002 (B) an artist, from a list of three artists submitted by the Utah Arts Council Board of
1003 Directors;
1004 (C) an historian, from a list of three historians submitted by the Board of State History;
1005 and
1006 (D) a citizen to represent the public at large who is not a member of the State Capitol
1007 Preservation Board.
1008 (ii) The governor, as chair of the board, with the concurrence of the board, shall
1009 appoint a member of the board as a voting member of the subcommittee.
1010 (c) The president of the Senate shall appoint three members of the Senate, two from the
1011 majority party and one from the minority party.
1012 (d) The speaker of the House of Representatives shall appoint three members of the
1013 House, two from the majority party and one from the minority party.
1014 (2) (a) (i) (A) Subcommittee members appointed by the governor shall serve four-year
1015 terms and may serve up to two consecutive terms.
1016 (B) The board member appointed by the governor under Subsection (1)(b)(ii) shall
1017 serve a two-year term, and may be reappointed.
1018 (ii) Subcommittee members appointed by the president of the Senate and the speaker of
1019 the House of Representatives shall serve two-year terms and may be reappointed.
1020 (b) In appointing members to the first subcommittee, the governor shall designate two
1021 members to serve a two-year term and two members to serve four-year terms.
1022 (3) (a) Each subcommittee member shall hold office until his successor has been
1023 appointed and qualified.
1024 (b) If a vacancy occurs in the subcommittee because of death, resignation, or otherwise,
1025 the appointing authority shall appoint a successor, who shall hold office for the unexpired term.
1026 (c) Six voting members of the subcommittee are a quorum for the purpose of
1027 organizing and conducting the business of the subcommittee.
1028 (d) The vote of a majority of members voting when a quorum is present is necessary
1029 for the subcommittee to take action.
1030 (4) (a) At the initial meeting of the subcommittee, the subcommittee shall select one of
1031 its number to serve as chair of the subcommittee.
1032 (b) The executive director of the board shall assist the subcommittee in their duties and
1033 shall provide staff services to the subcommittee.
1034 (5) (a) A member who is not a legislator may not receive compensation or benefits for
1035 the member's service, but may receive per diem and travel expenses [
1036 allowed in:
1037 [
1038 [
1039 [
1040 63A-3-106 and 63A-3-107 .
1041 (b) Compensation and expenses of a member who is a legislator are governed by
1042 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1043 (6) The subcommittee shall meet at least quarterly.
1044 Section 23. Section 63C-13-107 is amended to read:
1045 63C-13-107. Compensation and expenses of authority members.
1046 [
1047
1048
1049
1050 (1) Compensation and expenses of an authority member who is a legislator are
1051 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1052 Expenses.
1053 (2) An authority member who is not a legislator may not receive compensation or
1054 benefits for the member's service on the authority, but may receive per diem and
1055 reimbursement for travel expenses incurred as an authority member at the rates established by
1056 the Division of Finance under:
1057 (a) Sections 63A-3-106 and 63A-3-107 ; and
1058 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1059 63A-3-107 .
1060 Section 24. Section 63C-14-202 is amended to read:
1061 63C-14-202. Terms of commission members -- Removal -- Vacancies -- Salaries
1062 and expenses.
1063 (1) Subject to Subsections (3), (4), and (5), the term of commission members is two
1064 years.
1065 (2) A commission member may be reappointed to a successive term.
1066 (3) Beginning March 2015, the term of commission members shall be staggered so that
1067 the term of approximately half of the members expires every year.
1068 (4) A commission member may be removed from the commission by the person or
1069 persons who appointed the member.
1070 (5) Subject to Subsection (7), a commission member appointed under Subsection
1071 63C-14-201 (2)(a) or (b) who leaves office as a legislator may not continue to serve as a
1072 commission member.
1073 (6) A vacancy in the commission shall be filled in the same manner as the appointment
1074 of the member whose departure from the commission creates the vacancy.
1075 (7) A commission member shall serve until a successor is duly appointed and qualified.
1076 [
1077
1078
1079
1080 [
1081 compensation or benefits for the member's service on the commission, but may receive per
1082 diem and reimbursement for travel expenses incurred as a commission member [
1083
1084 (i) Section 63A-3-106 [
1085 (ii) Section 63A-3-107 ; and
1086 (iii) rules made by the Division of Finance [
1087 and 63A-3-107 .
1088 (b) Compensation and expenses of a commission member who is a legislator are
1089 governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1090 Expenses.
1091 Section 25. Section 63E-1-201 is amended to read:
1092 63E-1-201. Retirement and Independent Entities Committee creation.
1093 (1) There is created the Retirement and Independent Entities Committee composed of
1094 15 legislators appointed as follows:
1095 (a) six senators, appointed by the president of the Senate, with at least two senators
1096 from the minority party; and
1097 (b) nine representatives, appointed by the speaker of the House of Representatives,
1098 with at least three representatives from the minority party.
1099 (2) (a) The president of the Senate shall designate one of the Senate appointees as a
1100 cochair of the committee.
1101 (b) The speaker of the House of Representatives shall designate one of the House of
1102 Representatives appointees as a cochair of the committee.
1103 (3) Committee members serve for two years, but may be reappointed by the speaker or
1104 the president.
1105 (4) The committee shall meet at least twice each year, but may meet more frequently if
1106 the chairs determine that additional meetings are needed.
1107 (5) In conducting all of its business, the committee shall comply with the rules of
1108 legislative interim committees.
1109 (6) The Office of Legislative Research and General Counsel shall provide staff services
1110 to the committee.
1111 [
1112
1113 [
1114 [
1115 (7) Compensation and expenses of a member who is a legislator are governed by
1116 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1117 Section 26. Section 63F-1-202 is amended to read:
1118 63F-1-202. Technology Advisory Board -- Membership -- Duties.
1119 (1) There is created the Technology Advisory Board to the chief information officer.
1120 The board shall have seven members as follows:
1121 (a) three members appointed by the governor who are individuals actively involved in
1122 business planning for state agencies;
1123 (b) one member appointed by the governor who is actively involved in business
1124 planning for higher education or public education;
1125 (c) one member appointed by the speaker of the House of Representatives and
1126 president of the Senate from the Legislative Automation Committee of the Legislature to
1127 represent the legislative branch;
1128 (d) one member appointed by the Judicial Council to represent the judicial branch; and
1129 (e) one member appointed by the governor who represents private sector business
1130 needs in the state, but who is not an information technology vendor for the state.
1131 (2) (a) The members of the advisory board shall elect a chair from the board by
1132 majority vote.
1133 (b) The department shall provide staff to the board.
1134 (c) (i) A majority of the members of the board constitutes a quorum.
1135 (ii) Action by a majority of a quorum of the board constitutes an action of the board.
1136 (3) The board shall meet as necessary to advise the chief information officer and assist
1137 the chief information officer and executive branch agencies in coming to consensus on:
1138 (a) the development and implementation of the state's information technology strategic
1139 plan;
1140 (b) critical information technology initiatives for the state;
1141 (c) the development of standards for state information architecture;
1142 (d) identification of the business and technical needs of state agencies;
1143 (e) the department's performance measures for service agreements with executive
1144 branch agencies and subscribers of services, including a process in which an executive branch
1145 agency may review the department's implementation of and compliance with an executive
1146 branch agency's data security requirements; and
1147 (f) the efficient and effective operation of the department.
1148 (4) (a) A member who is not a legislator may not receive compensation or benefits for
1149 the member's service, but may receive per diem and travel expenses [
1150 allowed in:
1151 [
1152 [
1153 [
1154 63A-3-106 and 63A-3-107 .
1155 (b) Compensation and expenses of a member who is a legislator are governed by
1156 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1157 Section 27. Section 63I-3-206 is amended to read:
1158 63I-3-206. Per diem and travel expenses of members.
1159 (1) A member who is not a legislator may not receive compensation or benefits for the
1160 member's service, but may receive per diem and travel expenses [
1161 allowed in:
1162 [
1163 [
1164 [
1165 63A-3-106 and 63A-3-107 .
1166 (2) Compensation and expenses of a member who is a legislator are governed by
1167 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1168 Section 28. Section 63I-4a-202 is amended to read:
1169 63I-4a-202. Free Market Protection and Privatization Board -- Created --
1170 Membership -- Operations -- Expenses.
1171 (1) (a) There is created a Free Market Protection and Privatization [
1172 composed of 17 members.
1173 (b) The governor shall appoint board members as follows:
1174 (i) two senators, one each from the majority and minority political parties, from names
1175 recommended by the president of the Senate;
1176 (ii) two representatives, one each from the majority and minority political parties, from
1177 names recommended by the speaker of the House of Representatives;
1178 (iii) two members representing public employees, from names recommended by the
1179 largest public employees' association;
1180 (iv) one member from state management;
1181 (v) seven members from the private business community;
1182 (vi) one member representing the Utah League of Cities and Towns from names
1183 recommended by the Utah League of Cities and Towns;
1184 (vii) one member representing the Utah Association of Counties from names
1185 recommended by the Utah Association of Counties; and
1186 (viii) one member representing the Utah Association of Special Districts, from names
1187 recommended by the Utah Association of Special Districts.
1188 (2) (a) Except as provided in Subsection (2)(b), a board member shall serve a two-year
1189 term.
1190 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1191 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1192 board members are staggered so that approximately half of the board is appointed every two
1193 years.
1194 (3) (a) A board member shall hold office until the board member's successor is
1195 appointed and qualified.
1196 (b) When a vacancy occurs in the membership for any reason, a replacement shall be
1197 appointed for the unexpired term.
1198 (c) Nine members of the board constitute a quorum.
1199 (d) The vote of a majority of board members voting when a quorum is present is
1200 necessary for the board to act.
1201 (4) (a) The board shall select one of the members to serve as chair of the board.
1202 (b) A chair shall serve as chair for a term of one-year, and may be selected as chair for
1203 more than one term.
1204 (5) The Governor's Office of Management and Budget shall staff the board. The board
1205 may contract for additional staff from the private sector under Section 63I-4a-204 .
1206 (6) The board shall meet:
1207 (a) at least quarterly; and
1208 (b) as necessary to conduct its business, as called by the chair.
1209 (7) (a) A member who is not a legislator may not receive compensation or benefits for
1210 the member's service, but may receive per diem and travel expenses [
1211 allowed in:
1212 [
1213 [
1214 [
1215 63A-3-106 and 63A-3-107 .
1216 (b) Compensation and expenses of a member who is a legislator are governed by
1217 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1218 Section 29. Section 63M-7-207 is amended to read:
1219 63M-7-207. Members serve without pay -- Reimbursement for expenses.
1220 (1) A member who is not a legislator may not receive compensation or benefits for the
1221 member's service, but may receive per diem and travel expenses [
1222 allowed in:
1223 [
1224 [
1225 [
1226 63A-3-106 and 63A-3-107 .
1227 (2) Compensation and expenses of a member who is a legislator are governed by
1228 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1229 Section 30. Section 63M-7-302 is amended to read:
1230 63M-7-302. Chair -- Vacancies -- Quorum -- Expenses.
1231 (1) The Utah Substance Abuse Advisory Council shall annually select one of its
1232 members to serve as chair and one of its members to serve as vice chair.
1233 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
1234 appointed for the unexpired term in the same manner as the position was originally filled.
1235 (3) A majority of the members of the council constitutes a quorum.
1236 (4) (a) A member who is not a legislator may not receive compensation or benefits for
1237 the member's service, but may receive per diem and travel expenses [
1238 allowed in:
1239 [
1240 [
1241 [
1242 63A-3-106 and 63A-3-107 .
1243 (b) Compensation and expenses of a member who is a legislator are governed by
1244 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1245 (5) The council may establish committees as needed to assist in accomplishing its
1246 duties under Section 63M-7-303 .
1247 Section 31. Section 63M-7-405 is amended to read:
1248 63M-7-405. Compensation of members -- Reports to the Legislature, the courts,
1249 and the governor.
1250 (1) (a) A member who is not a legislator may not receive compensation or benefits for
1251 the member's service, but may receive per diem and travel expenses [
1252 allowed in:
1253 [
1254 [
1255 [
1256 63A-3-106 and 63A-3-107 .
1257 (b) Compensation and expenses of a member who is a legislator are governed by
1258 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1259 (2) The commission shall submit to the Legislature, the courts, and to the governor at
1260 least 60 days prior to the annual general session of the Legislature its reports and
1261 recommendations for sentencing guidelines and amendments. It is intended that the
1262 commission utilize existing data and resources from state criminal justice agencies. The
1263 commission is authorized to employ professional assistance and other staff members as it
1264 considers necessary or desirable.
1265 (3) The commission shall be responsive to all three branches of government, but be
1266 part of the Commission on Criminal and Juvenile Justice for coordination on criminal and
1267 juvenile justice issues, budget, and administrative support.
1268 Section 32. Section 63M-11-206 is amended to read:
1269 63M-11-206. Members serve without pay -- Reimbursement for expenses.
1270 (1) A member who is not a legislator may not receive compensation or benefits for the
1271 member's service, but may receive per diem and travel expenses [
1272 allowed in:
1273 [
1274 [
1275 [
1276 63A-3-106 and 63A-3-107 .
1277 (2) Compensation and expenses of a member who is a legislator are governed by
1278 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1279 Section 33. Section 67-1a-10 is amended to read:
1280 67-1a-10. Commission on Civic and Character Education -- Membership -- Chair
1281 -- Expenses.
1282 (1) There is created within the lieutenant governor's office the Commission on Civic
1283 and Character Education.
1284 (2) The commission consists of seven members appointed as follows:
1285 (a) the lieutenant governor, as chief election officer of the state, or a designee;
1286 (b) one member of the House of Representatives, appointed by the speaker of the
1287 House;
1288 (c) one member of the Senate, appointed by the president of the Senate;
1289 (d) one member of the State Board of Education, appointed by the chair;
1290 (e) one member of the State Board of Regents, appointed by the chair;
1291 (f) one member of the public with expertise in the area of civic and character education
1292 appointed by the other members of the commission to serve for a two year term; and
1293 (g) one justice of the Supreme Court or one appellate court judge appointed by the
1294 Supreme Court.
1295 (3) (a) The lieutenant governor shall serve as chairperson or if the lieutenant governor
1296 is unable to serve, the commission shall annually elect a chairperson from its membership.
1297 (b) The commission shall hold meetings as needed to carry out its duties. A meeting
1298 may be held on the call of the chair or a majority of the commission members.
1299 (c) Three commission members are necessary to constitute a quorum at any meeting
1300 and, if a quorum exists, the action of a majority of members present shall be the action of the
1301 commission.
1302 (4) (a) An appointed commission member shall be appointed for a two-year term or
1303 until their successors are appointed.
1304 (b) When a vacancy occurs in the appointed membership for any reason, the
1305 replacement shall be appointed for the unexpired term.
1306 (5) (a) A member who is not a legislator may not receive compensation or benefits for
1307 the member's service, but may receive per diem and travel expenses [
1308 allowed in:
1309 [
1310 [
1311 [
1312 63A-3-106 and 63A-3-107 .
1313 (b) Compensation and expenses of a member who is a legislator are governed by
1314 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1315 (6) The duties of the lieutenant governor's office shall include leadership of the
1316 commission.
1317 (7) The funding of the commission shall be a separate line item to the lieutenant
1318 governor's office in the annual appropriations act.
1319 Section 34. Section 72-4-302 is amended to read:
1320 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
1321 Meetings -- Expenses.
1322 (1) There is created the Utah State Scenic Byway Committee.
1323 (2) (a) The committee shall consist of the following 15 members:
1324 (i) a representative from each of the following entities appointed by the governor:
1325 (A) the Governor's Office of Economic Development;
1326 (B) the Utah Department of Transportation;
1327 (C) the Department of Heritage and Arts;
1328 (D) the Division of State Parks and Recreation;
1329 (E) the Federal Highway Administration;
1330 (F) the National Park Service;
1331 (G) the National Forest Service; and
1332 (H) the Bureau of Land Management;
1333 (ii) one local government tourism representative appointed by the governor;
1334 (iii) a representative from the private business sector appointed by the governor;
1335 (iv) three local elected officials from a county, city, or town within the state appointed
1336 by the governor;
1337 (v) a member from the House of Representatives appointed by the speaker of the
1338 House of Representatives; and
1339 (vi) a member from the Senate appointed by the president of the Senate.
1340 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
1341 (2) shall be appointed for a four-year term of office.
1342 (c) The governor shall, at the time of appointment or reappointment for appointments
1343 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
1344 terms of committee members are staggered so that approximately half of the committee is
1345 appointed every two years.
1346 (d) (i) The appointments made under Subsections (2)(a)(v) and (vi) by the speaker of
1347 the House and the president of the Senate may not be from the same political party.
1348 (ii) The speaker of the House and the president of the Senate shall alternate the
1349 appointments made under Subsections (2)(a)(v) and(vi) as follows:
1350 (A) if the speaker appoints a member under Subsection (2)(a)(v), the next appointment
1351 made by the speaker following the expiration of the existing member's four-year term of office
1352 shall be from a different political party; and
1353 (B) if the president appoints a member under Subsection (2)(a)(vi), the next
1354 appointment made by the president following the expiration of the existing member's four-year
1355 term of office shall be from a different political party.
1356 (3) (a) The representative from the Governor's Office of Economic Development shall
1357 chair the committee.
1358 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
1359 nonvoting, ex officio members of the committee.
1360 (4) The Governor's Office of Economic Development and the department shall provide
1361 staff support to the committee.
1362 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
1363 department.
1364 (b) A majority of the voting members of the committee constitute a quorum.
1365 (c) Action by a majority vote of a quorum of the committee constitutes action by the
1366 committee.
1367 (6) (a) A member who is not a legislator may not receive compensation or benefits for
1368 the member's service, but may receive per diem and travel expenses [
1369 allowed in:
1370 [
1371 [
1372 [
1373 63A-3-106 and 63A-3-107 .
1374 (b) Compensation and expenses of a member who is a legislator are governed by
1375 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1376 Section 35. Section 73-27-102 is amended to read:
1377 73-27-102. State Water Development Commission created.
1378 (1) The State Water Development Commission is created to determine the state's role
1379 in the protection, conservation, and development of the state's water resources.
1380 (2) The commission membership shall include:
1381 (a) five members of the Senate, appointed by the president of the Senate, no more than
1382 four of whom may be from the same political party;
1383 (b) eight members of the House of Representatives, appointed by the speaker of the
1384 House of Representatives, no more than six of whom may be from the same political party; and
1385 (c) the following nonvoting members, appointed by the governor:
1386 (i) a representative of the Office of the Governor;
1387 (ii) a representative of the Green River District;
1388 (iii) a representative of the Upper Colorado River District;
1389 (iv) a representative of the Lower Colorado River District;
1390 (v) a representative of the Lower Sevier River District;
1391 (vi) a representative of the Upper Sevier River District;
1392 (vii) a representative of the Provo River District;
1393 (viii) a representative of the Salt Lake District;
1394 (ix) a representative of the Weber River District;
1395 (x) a representative of the Bear River District;
1396 (xi) the executive director of the Department of Natural Resources;
1397 (xii) the executive director of the Department of Environmental Quality;
1398 (xiii) the commissioner of agriculture and food;
1399 (xiv) a member of the Board of Water Resources;
1400 (xv) a representative of an organized environmental group; and
1401 (xvi) a representative of agricultural production.
1402 (3) (a) Except as required by Subsection (3)(b), the members appointed by the governor
1403 under Subsection (2)(c) shall be appointed or reappointed to a four-year term.
1404 (b) The governor shall, at the time of appointment or reappointment, adjust the length
1405 of terms to ensure that the terms of board members are staggered so that approximately half of
1406 the nonvoting members of the commission are appointed every two years.
1407 (c) When a vacancy occurs in the membership for any reason, the governor shall
1408 appoint a replacement for the unexpired term.
1409 (4) The president of the Senate and the speaker of the House of Representatives shall,
1410 to the extent possible, appoint members under Subsections (2)(a) and (b) that represent both
1411 rural and urban areas of the state.
1412 (5) (a) The president of the Senate shall designate a member of the Senate appointed
1413 under Subsection (2)(a) as a cochair of the commission.
1414 (b) The speaker of the House of Representatives shall designate a member of the House
1415 of Representatives appointed under Subsection (2)(b) as a cochair of the commission.
1416 (6) Attendance by at least 50% of one legislative house and more than 50% of the other
1417 legislative house constitutes a quorum.
1418 [
1419
1420
1421
1422 (7) (a) Compensation and expenses of a member of the commission who is a legislator
1423 are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation
1424 and Expenses.
1425 (b) Commission members who are employees of the state shall receive no additional
1426 compensation.
1427 (c) Other commission members shall receive no compensation or expenses for their
1428 service on the commission.
1429 (8) The Office of Legislative Research and General Counsel shall provide staff support
1430 to the commission.
1431 Section 36. Section 78A-2-502 is amended to read:
1432 78A-2-502. Creation of policy board -- Membership -- Terms -- Chair -- Quorum
1433 -- Expenses.
1434 (1) There is created a 13 member policy board to be known as the "Online Court
1435 Assistance Program Policy Board" which shall:
1436 (a) identify the subject matter included in the Online Court Assistance Program;
1437 (b) develop information and forms in conformity with the rules of procedure and
1438 evidence; and
1439 (c) advise the Administrative Office of the Courts regarding the administration of the
1440 program.
1441 (2) The voting membership shall consist of:
1442 (a) two members of the House of Representatives designated by the speaker, with one
1443 member from each party;
1444 (b) two members of the Senate designated by the president, with one member from
1445 each party;
1446 (c) two attorneys actively practicing in domestic relations designated by the Family
1447 Law Section of the Utah State Bar;
1448 (d) one attorney actively practicing in civil litigation designated by the Civil Litigation
1449 Section of the Utah State Bar;
1450 (e) one court commissioner designated by the chief justice of the Utah Supreme Court;
1451 (f) one district court judge designated by the chief justice of the Utah Supreme Court;
1452 (g) one attorney from Utah Legal Services designated by its director;
1453 (h) one attorney from Legal Aid designated by its director; and
1454 (i) two persons from the Administrative Office of the Courts designated by the state
1455 court administrator.
1456 (3) (a) The terms of the members shall be four years and staggered so that
1457 approximately half of the board expires every two years.
1458 (b) The board shall meet as needed.
1459 (4) The board shall select one of its members to serve as chair.
1460 (5) A majority of the members of the board constitutes a quorum.
1461 (6) (a) A member who is not a legislator may not receive compensation or benefits for
1462 the member's service, but may receive per diem and travel expenses [
1463 allowed in:
1464 [
1465 [
1466 [
1467 63A-3-106 and 63A-3-107 .
1468 (b) Compensation and expenses of a member who is a legislator are governed by
1469 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1470 Section 37. Section 78A-11-104 is amended to read:
1471 78A-11-104. Expenses -- Per diem and travel.
1472 (1) A member who is not a legislator may not receive compensation or benefits for the
1473 member's service, but may receive per diem and travel expenses [
1474 allowed in:
1475 [
1476 [
1477 [
1478 63A-3-106 and 63A-3-107 .
1479 (2) Compensation and expenses of a member who is a legislator are governed by
1480 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Legislative Review Note
as of 2-10-14 6:13 AM