1     
MUNICIPALITY PER DIEM AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to per diem and travel expenses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires that local per diem and travel expenses for board members serving on a
14     board created by or within a political subdivision not exceed rates established by the
15     Division of Finance; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          10-9a-301, as last amended by Laws of Utah 2011, Chapter 107
24          17-16-16, as last amended by Laws of Utah 2011, Chapter 297
25          17-27a-301, as last amended by Laws of Utah 2016, Chapter 411
26          17-31-8, as last amended by Laws of Utah 2006, Chapter 134
27          17-33-4, as last amended by Laws of Utah 2016, Chapter 145
28          17B-1-307, as last amended by Laws of Utah 2013, Chapter 448

29          17B-1-312, as last amended by Laws of Utah 2016, Chapter 273
30          17B-2a-807, as last amended by Laws of Utah 2016, Chapter 205
31          17D-3-301, as enacted by Laws of Utah 2008, Chapter 360
32     ENACTS:
33          11-55-101, Utah Code Annotated 1953
34          11-55-102, Utah Code Annotated 1953
35          11-55-103, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 10-9a-301 is amended to read:
39          10-9a-301. Ordinance establishing planning commission required -- Ordinance
40     requirements -- Compensation.
41          (1) (a) Each municipality shall enact an ordinance establishing a planning commission.
42          (b) The ordinance shall define:
43          (i) the number and terms of the members and, if the municipality chooses, alternate
44     members;
45          (ii) the mode of appointment;
46          (iii) the procedures for filling vacancies and removal from office;
47          (iv) the authority of the planning commission;
48          (v) subject to Subsection (1)(c), the rules of order and procedure for use by the
49     planning commission in a public meeting; and
50          (vi) other details relating to the organization and procedures of the planning
51     commission.
52          (c) Subsection (1)(b)(v) does not affect the planning commission's duty to comply with
53     Title 52, Chapter 4, Open and Public Meetings Act.
54          (2) The legislative body may [fix per diem compensation for the members of the
55     planning commission, based on necessary and reasonable expenses and on meetings actually

56     attended.] authorize a member to receive per diem and travel expenses for meetings actually
57     attended, in accordance with Section 11-55-103.
58          Section 2. Section 11-55-101 is enacted to read:
59     
CHAPTER 55. POLITICAL SUBDIVISION BOARD COMPENSATION

60          11-55-101. Title.
61          This chapter is known as "Political Subdivision Board Compensation."
62          Section 3. Section 11-55-102 is enacted to read:
63          11-55-102. Definitions.
64          As used in this chapter:
65          (1) "Board" means the same as that term is defined in Section 63A-3-106.
66          (2) "Board member" means the same as that term is defined in Section 63A-3-106.
67          (3) "Municipality" means the same as that term is defined in Section 10-1-104.
68          (4) "Political subdivision" means a county, municipality, school district, limited
69     purpose local government entity described in Title 17B, Limited Purpose Local Government
70     Entities - Local Districts, Title 17C, Limited Purpose Local Government Entities - Community
71     Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other
72     Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
73     Interlocal Cooperation Act, or any other governmental subdivision or public corporation.
74          Section 4. Section 11-55-103 is enacted to read:
75          11-55-103. General provisions.
76          (1) A political subdivision may authorize a board member who serves on a board
77     within or created by the political subdivision to receive per diem and travel expenses for
78     meetings actually attended at a rate that the political subdivision establishes, subject to
79     Subsection (2).
80          (2) A political subdivision may not establish rates for payment of per diem and travel
81     expenses described in Subsection (1) that exceed the rates established in accordance with:
82          (a) Section 63A-3-106;

83          (b) Section 63A-3-107; and
84          (c) a rule adopted by the Division of Finance in accordance with Sections 63A-3-106
85     and 63A-3-107.
86          (3) Nothing in this section limits or supercedes the authority of a political subdivision
87     to set compensation in accordance with Section 10-3-818, 11-13-403, 17-28-2, 17-33-4,
88     17B-1-307, or 17D-1-305.
89          Section 5. Section 17-16-16 is amended to read:
90          17-16-16. Commissioners' traveling expenses.
91          (1) The members of the board of county commissioners may not receive any
92     compensation in addition to that provided in Section 17-16-14 for any special or committee
93     work, but, subject to Subsection (2), each member shall [be paid the amount of the member's
94     actual and reasonable traveling expenses in] receive travel expenses for attending the regular
95     and special sessions of the board and in the discharge of necessary duties, in accordance with
96     Section 11-55-103.
97          (2) Before receiving [payment for the actual and reasonable traveling expenses] travel
98     expenses described in Subsection (1), the member shall:
99          (a) submit an itemized statement showing in detail the expenses incurred; and
100          (b) subscribe and swear to the statement described in Subsection (2)(a).
101          Section 6. Section 17-27a-301 is amended to read:
102          17-27a-301. Ordinance establishing planning commission required -- Exception --
103     Ordinance requirements -- Planning advisory area planning commission --
104     Compensation.
105          (1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
106     establishing a countywide planning commission for the unincorporated areas of the county not
107     within a planning advisory area.
108          (b) Subsection (1)(a) does not apply if all of the county is included within any
109     combination of:

110          (i) municipalities;
111          (ii) planning advisory areas with their own planning commissions; and
112          (iii) mountainous planning districts.
113          (c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
114     (1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
115     subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
116     the entire mountainous planning district, including areas of the mountainous planning district
117     that are also located within a municipality or are unincorporated.
118          (ii) A planning commission described in Subsection (1)(c)(i):
119          (A) does not have jurisdiction over a municipality described in Subsection
120     10-9a-304(2)(b); and
121          (B) has jurisdiction subject to a local health department exercising its authority in
122     accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
123     the municipality's authority in accordance with Section 10-8-15.
124          (iii) The ordinance shall require that:
125          (A) members of the planning commission represent areas located in the unincorporated
126     and incorporated county;
127          (B) members of the planning commission be registered voters who reside either in the
128     unincorporated or incorporated county;
129          (C) at least one member of the planning commission resides within the mountainous
130     planning district; and
131          (D) the county designate up to four seats on the planning commission, and fill each
132     vacancy in the designated seats in accordance with the procedure described in Subsection (7).
133          (2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
134          (i) the number and terms of the members and, if the county chooses, alternate
135     members;
136          (ii) the mode of appointment;

137          (iii) the procedures for filling vacancies and removal from office;
138          (iv) the authority of the planning commission;
139          (v) subject to Subsection (2)(b), the rules of order and procedure for use by the
140     planning commission in a public meeting; and
141          (vi) other details relating to the organization and procedures of the planning
142     commission.
143          (b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
144     Title 52, Chapter 4, Open and Public Meetings Act.
145          (3) (a) (i) If the county establishes a planning advisory area planning commission, the
146     county legislative body shall enact an ordinance that defines:
147          (A) appointment procedures;
148          (B) procedures for filling vacancies and removing members from office;
149          (C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
150     planning advisory area planning commission in a public meeting; and
151          (D) details relating to the organization and procedures of each planning advisory area
152     planning commission.
153          (ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
154     commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
155          (b) The planning commission for each planning advisory area shall consist of seven
156     members who shall be appointed by:
157          (i) in a county operating under a form of government in which the executive and
158     legislative functions of the governing body are separated, the county executive with the advice
159     and consent of the county legislative body; or
160          (ii) in a county operating under a form of government in which the executive and
161     legislative functions of the governing body are not separated, the county legislative body.
162          (c) (i) Members shall serve four-year terms and until their successors are appointed and
163     qualified.

164          (ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
165     planning commissions shall be appointed so that, for each commission, the terms of at least one
166     member and no more than two members expire each year.
167          (d) (i) Each member of a planning advisory area planning commission shall be a
168     registered voter residing within the planning advisory area.
169          (ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
170     that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
171     area.
172          (4) (a) A member of a planning commission who was elected to and served on a
173     planning commission on May 12, 2015, shall serve out the term to which the member was
174     elected.
175          (b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
176     seat shall be filled by appointment in accordance with this section.
177          (5) Upon the appointment of all members of a planning advisory area planning
178     commission, each planning advisory area planning commission under this section shall begin to
179     exercise the powers and perform the duties provided in Section 17-27a-302 with respect to all
180     matters then pending that previously had been under the jurisdiction of the countywide
181     planning commission or planning advisory area planning and zoning board.
182          (6) The legislative body may [fix per diem compensation for the members of the
183     planning commission, based on necessary and reasonable expenses and on meetings actually
184     attended.] authorize a member of a planning commission to receive per diem and travel
185     expenses for meetings actually attended, in accordance with Section 11-55-103.
186          (7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
187     commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
188          (b) If a county designates one or more planning commission seats under Subsection
189     (1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
190          (i) (A) are adjacent to the mountainous planning district; and

191          (B) border the entrance to a canyon that is located within the boundaries of the
192     mountainous planning district and accessed by a paved road maintained by the county or the
193     state; or
194          (ii) exercise extraterritorial jurisdiction in accordance with Section 10-8-15.
195          (c) When there is a vacancy in a planning commission seat described in Subsection
196     (1)(c)(iii)(D), the county shall send a written request to one of the cities described in
197     Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
198     the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
199          (d) The city shall respond to a written request described in Subsection (7)(c) within 60
200     days after the day on which the city receives the written request.
201          (e) After the county receives the city's list of three individuals, the county shall submit
202     one of the individuals on the list for appointment to the vacant planning commission seat in
203     accordance with county ordinance.
204          (f) The county shall fill the vacancy in accordance with the county's standard procedure
205     if the city fails to timely respond to the written request.
206          Section 7. Section 17-31-8 is amended to read:
207          17-31-8. Tourism tax advisory boards.
208          (1) (a) Except as provided in Subsection (1)(b), any county that collects the following
209     taxes shall operate a tourism tax advisory board:
210          (i) the tax allowed under Section 59-12-301; or
211          (ii) the tax allowed under Section 59-12-603.
212          (b) Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the
213     county has an existing board, council, committee, convention visitor's bureau, or body that
214     substantially conforms with Subsections (2), (3), and (4).
215          (2) A tourism tax advisory board created under Subsection (1) shall consist of at least
216     five members.
217          (3) A tourism tax advisory board shall be composed of the following members that are

218     residents of the county:
219          (a) a majority of the members shall be current employees of entities in the county that
220     are subject to the taxes referred to in Section 59-12-301 or 59-12-603; and
221          (b) the balance of the board's membership shall be employees of recreational facilities,
222     convention facilities, museums, cultural attractions, or other tourism related industries located
223     within the county.
224          (4) (a) Each tourism tax advisory board shall advise the county legislative body on the
225     best use of revenues collected from the tax allowed under Section 59-12-301 by providing the
226     legislative body with a priority listing for proposed expenditures based on projected available
227     tax revenues supplied to the board by the county legislative body on an annual basis.
228          (b) Each tourism tax advisory board in a county operating under the county
229     commission form of government under Section 17-52-501 or the expanded county commission
230     form under Section 17-52-502 shall advise the county legislative body on the best use of
231     revenues collected from the tax allowed under Section 59-12-603 by providing the legislative
232     body with a priority listing for proposed expenditures based on projected available tax revenues
233     supplied to the board by the county legislative body on an annual basis.
234          (5) A member of any county tourism tax advisory board:
235          (a) may not receive compensation or benefits for the member's services; and
236          (b) may receive per diem and travel expenses incurred in the performance of the
237     member's official duties, in accordance with Section 11-55-103.
238          Section 8. Section 17-33-4 is amended to read:
239          17-33-4. Career service council -- Members and alternate members -- Powers and
240     duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of
241     council members.
242          (1) (a) (i) There shall be in each county establishing a system a three-member
243     bipartisan career service council appointed by the county executive. The members of the
244     council shall be persons in sympathy with the application of merit principles to public

245     employment.
246          (ii) (A) The county executive may appoint alternate members of the career service
247     council to hear appeals that one or more regular career service council members are unable to
248     hear.
249          (B) The term of an alternate member of the career service council may not exceed one
250     year.
251          (b) The council shall hear appeals not resolved at lower levels in the cases of career
252     service employees suspended, transferred, demoted, or dismissed as well in the cases of other
253     grievances not resolved by the grievance procedure at the division or departmental level.
254          (c) The career service council:
255          (i) may make an initial determination in each appeal whether the appeal is one of the
256     types of matters under Subsection (1)(b) over which the council has jurisdiction;
257          (ii) shall, subject to Section 17-33-4.5, review written appeals in cases of applicants
258     rejected for examination and report final binding appeals decisions, in writing, to the county
259     legislative body;
260          (iii) may not hear any other personnel matter; and
261          (iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
262          (d) (i) A person adversely affected by a decision of the career service council may
263     appeal the decision to the district court.
264          (ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is
265     filed within 30 days after the career service council issues its decision.
266          (iii) If there is a record of the career service council proceedings, the district court
267     review shall be limited to the record provided by the career service council.
268          (iv) In reviewing a decision of the career service council, the district court shall
269     presume that the decision is valid and may determine only whether the decision is arbitrary or
270     capricious.
271          (2) Each council member shall serve a term of three years to expire on June 30, three

272     years after the date of his or her appointment, except that original appointees shall be chosen as
273     follows: one member for a term expiring June 30, 1982; one member for a term expiring June
274     30, 1983; and one member for a term expiring June 30, 1984. Successors of original council
275     members shall be chosen for three-year terms. An appointment to fill a vacancy on the council
276     shall be for only the unexpired term of the appointee's successor. Each member of the board
277     shall hold office until his successor is appointed and confirmed. A member of the council may
278     be removed by the county executive for cause, after having been given a copy of the charges
279     against him or her and an opportunity to be heard publicly on the charges before the county
280     legislative body. Adequate annual appropriations shall be made available to enable the council
281     effectively to carry out its duties under this law.
282          (3) Members and alternates of the council shall be United States citizens and be actual
283     and bona fide residents of the state of Utah and the county from which appointed for a period
284     of not less than one year preceding the date of appointment and a member may not hold another
285     government office or be employed by the county.
286          (4) The council shall elect one of its members as chairperson, and two or more
287     members of the council shall constitute a quorum necessary for carrying on the business and
288     activity of the council.
289          (5) The council shall have subpoena power to compel attendance of witnesses, and to
290     authorize witness fees where it deems appropriate, to be paid at the same rate as in justice
291     courts.
292          (6) (a) [(i)] Council members shall receive compensation for each day or partial day
293     they are in session at a per diem rate [determined by the county legislative body] established in
294     accordance with Section 11-55-103.
295          [(ii)] (b) An alternate member shall receive compensation for each day or partial day
296     that the alternate member is required to replace a regular council member, at a per diem rate
297     [determined by the county legislative body] established in accordance with Section 11-55-103.
298          [(b) The county legislative body may periodically adjust the compensation rate for

299     inflation.]
300          Section 9. Section 17B-1-307 is amended to read:
301          17B-1-307. Annual compensation -- Per diem compensation -- Participation in
302     group insurance plan -- Reimbursement of expenses.
303          (1) (a) Except as provided in Subsection 17B-1-308(1)(e), a member of a board of
304     trustees may receive compensation for service on the board, as determined by the board of
305     trustees.
306          (b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
307     year.
308          (c) (i) As determined by the board of trustees, a member of the board of trustees may
309     participate in a group insurance plan provided to employees of the local district on the same
310     basis as employees of the local district.
311          (ii) The amount that the local district pays to provide a member with coverage under a
312     group insurance plan shall be included as part of the member's compensation for purposes of
313     Subsection (1)(b).
314          (d) The amount that a local district pays employer-matching employment taxes, if a
315     member of the board of trustees is treated as an employee for federal tax purposes, does not
316     constitute compensation under Subsection (1).
317          (2) In addition to the compensation provided under Subsection (1), the board of
318     trustees may elect to allow a member to receive per diem and travel expenses for up to 12
319     meetings or activities per year in accordance with[:] Section 11-55-103.
320          [(a) Section 63A-3-106;]
321          [(b) Section 63A-3-107; and]
322          [(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
323     63A-3-107.]
324          Section 10. Section 17B-1-312 is amended to read:
325          17B-1-312. Training for board members.

326          (1) (a) Each member of a board of trustees of a local district shall, within one year after
327     taking office, complete the training described in Subsection (2).
328          (b) For the purposes of Subsection (1)(a), a member of a board of trustees of a local
329     district takes office each time the member is elected or appointed to a new term, including an
330     appointment to fill a midterm vacancy in accordance with Subsection 17B-1-303(5) or (6).
331          (2) In conjunction with the Utah Association of Special Districts, the state auditor
332     shall:
333          (a) develop a training curriculum for the members of local district boards; and
334          (b) with the assistance of other state offices and departments the state auditor considers
335     appropriate and at times and locations established by the state auditor, carry out the training of
336     members of local district boards.
337          (3) (a) A local district board of trustees may compensate each member of the board [up
338     to $100 per day] for each day of training described in Subsection (2) that the member
339     completes, in accordance with Section 11-55-103.
340          (b) The [per diem amount] compensation authorized under Subsection (3)(a) is in
341     addition to all other amounts of compensation and expense reimbursement authorized under
342     this chapter.
343          (c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
344     member more than once per year.
345          (4) The state auditor shall issue a certificate of completion to each board member that
346     completes the training described in Subsection (2).
347          Section 11. Section 17B-2a-807 is amended to read:
348          17B-2a-807. Public transit district board of trustees -- Appointment --
349     Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
350          (1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
351     district, the board of trustees shall consist of members appointed by the legislative bodies of
352     each municipality, county, or unincorporated area within any county on the basis of one

353     member for each full unit of regularly scheduled passenger routes proposed to be served by the
354     district in each municipality or unincorporated area within any county in the following calendar
355     year.
356          (b) For purposes of determining membership under Subsection (1)(a), the number of
357     service miles comprising a unit shall be determined jointly by the legislative bodies of the
358     municipalities or counties comprising the district.
359          (c) The board of trustees of a public transit district under this Subsection (1) may
360     include a member that is a commissioner on the Transportation Commission created in Section
361     72-1-301 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
362     officio member.
363          (d) Members appointed under this Subsection (1) shall be appointed and added to the
364     board or omitted from the board at the time scheduled routes are changed, or as municipalities,
365     counties, or unincorporated areas of counties annex to or withdraw from the district using the
366     same appointment procedures.
367          (e) For purposes of appointing members under this Subsection (1), municipalities,
368     counties, and unincorporated areas of counties in which regularly scheduled passenger routes
369     proposed to be served by the district in the following calendar year is less than a full unit, as
370     defined in Subsection (1)(b), may combine with any other similarly situated municipality or
371     unincorporated area to form a whole unit and may appoint one member for each whole unit
372     formed.
373          (2) (a) Subject to Section 17B-2a-807.5, if more than 200,000 people reside within the
374     boundaries of a public transit district, the board of trustees shall consist of:
375          (i) 11 members:
376          (A) appointed as described under this Subsection (2); or
377          (B) retained in accordance with Section 17B-2a-807.5;
378          (ii) three members appointed as described in Subsection (4);
379          (iii) one voting member appointed as provided in Subsection (11); and

380          (iv) one nonvoting member appointed as provided in Subsection (12).
381          (b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
382     members to each county within the district using an average of:
383          (i) the proportion of population included in the district and residing within each county,
384     rounded to the nearest 1/11 of the total transit district population; and
385          (ii) the cumulative proportion of transit sales and use tax collected from areas included
386     in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
387     sales and use tax collected for the transit district.
388          (c) The board shall join an entire or partial county not apportioned a voting member
389     under this Subsection (2) with an adjacent county for representation. The combined
390     apportionment basis included in the district of both counties shall be used for the
391     apportionment.
392          (d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
393     basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
394     or combination of counties with the smallest additional fraction of a whole member proportion
395     shall have one less member apportioned to it.
396          (ii) If rounding to the nearest 1/11 of the total public transit district apportionment
397     basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county
398     or combination of counties with the largest additional fraction of a whole member proportion
399     shall have one more member apportioned to it.
400          (e) If the population of a county is at least 750,000, the county executive, with the
401     advice and consent of the county legislative body, shall appoint one voting member to
402     represent the population of the county.
403          (f) If a municipality's population is at least 160,000, the chief municipal executive,
404     with the advice and consent of the municipal legislative body, shall appoint one voting member
405     to represent the population within a municipality.
406          (g) (i) The number of voting members appointed from a county and municipalities

407     within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
408     voting member apportionment under this Subsection (2).
409          (ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
410     appointed by an appointing entity may be a locally elected public official.
411          (h) If the entire county is within the district, the remaining voting members for the
412     county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
413     the municipalities within the county.
414          (i) If the entire county is not within the district, and the county is not joined with
415     another county under Subsection (2)(c), the remaining voting members for the county shall
416     represent a municipality or combination of municipalities.
417          (j) (i) Except as provided under Subsections (2)(e) and (f), voting members
418     representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
419     within the county shall be designated and appointed by a simple majority of the chief
420     executives of the municipalities within the county or combinations of counties if Subsection
421     (2)(c) applies.
422          (ii) The appointments shall be made by joint written agreement of the appointing
423     municipalities, with the consent and approval of the county legislative body of the county that
424     has at least 1/11 of the district's apportionment basis.
425          (k) Voting members representing a municipality or combination of municipalities shall
426     be designated and appointed by the chief executive officer of the municipality or simple
427     majority of chief executive officers of municipalities with the consent of the legislative body of
428     the municipality or municipalities.
429          (l) The appointment of members shall be made without regard to partisan political
430     affiliation from among citizens in the community.
431          (m) Each member shall be a bona fide resident of the municipality, county, or
432     unincorporated area or areas which the member is to represent for at least six months before the
433     date of appointment, and shall continue in that residency to remain qualified to serve as a

434     member.
435          (n) (i) All population figures used under this section shall be derived from the most
436     recent official census or census estimate of the United States Bureau of the Census.
437          (ii) If population estimates are not available from the United States Bureau of Census,
438     population figures shall be derived from the estimate from the Utah Population Estimates
439     Committee.
440          (iii) All transit sales and use tax totals shall be obtained from the State Tax
441     Commission.
442          (o) (i) The board shall be apportioned as provided under this section in conjunction
443     with the decennial United States Census Bureau report every 10 years.
444          (ii) Within 120 days following the receipt of the population estimates under this
445     Subsection (2)(o), the district shall reapportion representation on the board of trustees in
446     accordance with this section.
447          (iii) The board shall adopt by resolution a schedule reflecting the current and proposed
448     apportionment.
449          (iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
450     each of its constituent entities as defined under Section 17B-1-701.
451          (v) The appointing entities gaining a new board member shall appoint a new member
452     within 30 days following receipt of the resolution.
453          (vi) The appointing entities losing a board member shall inform the board of which
454     member currently serving on the board will step down:
455          (A) upon appointment of a new member under Subsection (2)(o)(v); or
456          (B) in accordance with Section 17B-2a-807.5.
457          (3) Upon the completion of an annexation to a public transit district under Chapter 1,
458     Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
459     same basis as if the area had been included in the district as originally organized.
460          (4) In addition to the voting members appointed in accordance with Subsection (2), the

461     board shall consist of three voting members appointed as follows:
462          (a) one member appointed by the speaker of the House of Representatives;
463          (b) one member appointed by the president of the Senate; and
464          (c) one member appointed by the governor.
465          (5) Except as provided in Section 17B-2a-807.5, the terms of office of the members of
466     the board shall be four years or until a successor is appointed, qualified, seated, and has taken
467     the oath of office.
468          (6) (a) Vacancies for members shall be filled by the official appointing the member
469     creating the vacancy for the unexpired term, unless the official fails to fill the vacancy within
470     90 days.
471          (b) If the appointing official under Subsection (1) does not fill the vacancy within 90
472     days, the board of trustees of the authority shall fill the vacancy.
473          (c) If the appointing official under Subsection (2) does not fill the vacancy within 90
474     days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
475          (7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
476     ordinances coming before the board of trustees.
477          (b) A majority of all voting members of the board of trustees are a quorum for the
478     transaction of business.
479          (c) The affirmative vote of a majority of all voting members present at any meeting at
480     which a quorum was initially present shall be necessary and, except as otherwise provided, is
481     sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
482          (8) Each public transit district shall pay to each member[:] per diem and travel
483     expenses for meetings actually attended, in accordance with Section 11-55-103.
484          [(a) an attendance fee of $50 per board or committee meeting attended, not to exceed
485     $200 in any calendar month to any member; and]
486          [(b) reasonable mileage and expenses necessarily incurred to attend board or committee
487     meetings.]

488          (9) (a) Members of the initial board of trustees shall convene at the time and place
489     fixed by the chief executive officer of the entity initiating the proceedings.
490          (b) The board of trustees shall elect from its voting membership a chair, vice chair, and
491     secretary.
492          (c) The members elected under Subsection (9)(b) shall serve for a period of two years
493     or until their successors shall be elected and qualified.
494          (d) On or after January 1, 2011, a locally elected public official is not eligible to serve
495     as the chair, vice chair, or secretary of the board of trustees.
496          (10) (a) Except as otherwise authorized under Subsections (2)(g) and (10)(b) and
497     Section 17B-2a-807.5, at the time of a member's appointment or during a member's tenure in
498     office, a member may not hold any employment, except as an independent contractor or locally
499     elected public official, with a county or municipality within the district.
500          (b) A member appointed by a county or municipality may hold employment with the
501     county or municipality if the employment is disclosed in writing and the public transit district
502     board of trustees ratifies the appointment.
503          (11) The Transportation Commission created in Section 72-1-301:
504          (a) for a public transit district serving a population of 200,000 people or fewer, may
505     appoint a commissioner of the Transportation Commission to serve on the board of trustees as
506     a nonvoting, ex officio member; and
507          (b) for a public transit district serving a population of more than 200,000 people, shall
508     appoint a commissioner of the Transportation Commission to serve on the board of trustees as
509     a voting member.
510          (12) (a) The board of trustees of a public transit district serving a population of more
511     than 200,000 people shall include a nonvoting member who represents all municipalities and
512     unincorporated areas within the district that are located within a county that is not annexed into
513     the public transit district.
514          (b) The nonvoting member representing the combination of municipalities and

515     unincorporated areas described in Subsection (12)(a) shall be designated and appointed by a
516     weighted vote of the majority of the chief executive officers of the municipalities described in
517     Subsection (12)(a).
518          (c) Each municipality's vote under Subsection (12)(b) shall be weighted using the
519     proportion of the public transit district population that resides within that municipality and the
520     adjacent unincorporated areas within the same county.
521          (13) (a) (i) Each member of the board of trustees of a public transit district is subject to
522     recall at any time by the legislative body of the county or municipality from which the member
523     is appointed.
524          (ii) Each recall of a board of trustees member shall be made in the same manner as the
525     original appointment.
526          (iii) The legislative body recalling a board of trustees member shall provide written
527     notice to the member being recalled.
528          (b) Upon providing written notice to the board of trustees, a member of the board may
529     resign from the board of trustees.
530          (c) Except as provided in Section 17B-2a-807.5, if a board member is recalled or
531     resigns under this Subsection (13), the vacancy shall be filled as provided in Subsection (6).
532          Section 12. Section 17D-3-301 is amended to read:
533          17D-3-301. Board of supervisors -- Number -- Term -- Chair and officers --
534     Quorum -- Compensation.
535          (1) Each conservation district shall be governed by a board of supervisors.
536          (2) (a) The board of supervisors of a conservation district consists of five members
537     elected as provided in this part, at least three of whom shall be private agricultural land
538     operators.
539          (b) If the board of supervisors divides the conservation district into watershed voting
540     areas under Section 17D-3-308, at least one member of the board of supervisors shall reside
541     within each watershed voting area.

542          (3) (a) The term of office of each member of a board of supervisors is four years.
543          (b) Notwithstanding Subsection (3)(a), if multiple conservation districts are
544     consolidated or a single conservation district divided or dissolved under Part 2, Creation,
545     Consolidation, Division, and Dissolution of Conservation Districts:
546          (i) the term of each member of the board of supervisors of the consolidated
547     conservation districts or the divided or dissolved conservation district terminates immediately
548     upon consolidation, division, or dissolution; and
549          (ii) (A) the commission shall hold an election, as provided in this part, for all board of
550     supervisors members of the consolidated conservation district or divided conservation districts,
551     as the case may be; and
552          (B) the term of the two candidates receiving the highest number of votes at an election
553     under Subsection (3)(b)(ii)(A) shall be four years, and the term of the three candidates
554     receiving the next highest number of votes shall be two years.
555          (4) The board of supervisors shall elect a chair from among their number, and may
556     elect other officers from among their number that the board considers necessary.
557          (5) A majority of the board of supervisors constitutes a quorum for the transaction of
558     board business, and action by a majority of a quorum present at a meeting of the board
559     constitutes action of the board.
560          (6) For performing official duties, each member of the board of supervisors of a
561     conservation district shall receive:
562          [(a) compensation for travel and time, as fixed by the commission; and]
563          (a) per diem and travel expenses in accordance with Section 11-55-103; and
564          (b) actual and necessary expenses.