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H.B. 12
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5 AN ACT RELATING TO BOARDS AND COMMISSIONS; MODIFYING CERTAIN
6 QUALIFICATION REQUIREMENTS; CHANGING MEMBERSHIP REQUIREMENTS FOR
7 CERTAIN BOARDS; MODIFYING COMPENSATION REQUIREMENTS; MODIFYING
8 CERTAIN APPOINTMENT REQUIREMENTS; AND MAKING TECHNICAL
9 CORRECTIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 4-3-15, as last amended by Chapter 243, Laws of Utah 1996
13 4-37-503, as last amended by Chapter 243, Laws of Utah 1996
14 9-1-405 (Renumbered 07/01/97), as last amended by Chapter 243, Laws of Utah 1996
15 9-2-301, as last amended by Chapters 242 and 243, Laws of Utah 1996
16 9-4-1104, as enacted by Chapter 260, Laws of Utah 1995
17 23-14-2, as last amended by Chapter 243, Laws of Utah 1996
18 23-14-2.6, as last amended by Chapter 243, Laws of Utah 1996
19 23-21-4, as last amended by Chapter 46, Laws of Utah 1971
20 26-18a-2, as last amended by Chapter 243, Laws of Utah 1996
21 27-12-117, as last amended by Chapter 137, Laws of Utah 1991
22 35-1-17 (Renumbered 07/01/97), as last amended by Chapter 243, Laws of Utah 1996
23 35A-3-107 (Effective 07/01/97), as last amended by Chapters 240 and 243, Laws of Utah 1996
24 35A-8-205 (Effective 07/01/97), as last amended by Chapters 240 and 243, Laws of Utah 1996
25 51-7-16, as last amended by Chapter 243, Laws of Utah 1996
26 53-7-203 (Effective 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of Utah
27 1996
1 53-7-203 (Superseded 07/01/97), as last amended by Chapters 194, 240, and 243, Laws of
2 Utah 1996
3 53B-17-201, as enacted by Chapter 167, Laws of Utah 1987
4 62A-5a-103, as last amended by Chapters 179 and 243, Laws of Utah 1996
5 62A-13-103, as last amended by Chapter 243, Laws of Utah 1996
6 63-11-19.1, as renumbered and amended by Chapter 93, Laws of Utah 1990
7 63-34-6, as last amended by Chapters 92 and 101, Laws of Utah 1987
8 63-75-5 (Effective 07/01/97), as last amended by Chapters 136, 240, 243, and 318, Laws of
9 Utah 1996
10 63-75-5 (Superseded 07/01/97), as last amended by Chapters 136, 240, 243, and 318, Laws of
11 Utah 1996
12 63C-2-103, as last amended by Chapter 243, Laws of Utah 1996
13 73-18b-1, as enacted by Chapter 171, Laws of Utah 1967
14 73-18b-3, as enacted by Chapter 171, Laws of Utah 1967
15 73-18b-4, as enacted by Chapter 171, Laws of Utah 1967
16 ENACTS:
17 62A-8-103.5, Utah Code Annotated 1953
18 REPEALS:
19 62A-8-401, as enacted by Chapter 242, Laws of Utah 1988
20 62A-8-402, as enacted by Chapter 242, Laws of Utah 1988
21 62A-8-403, as enacted by Chapter 242, Laws of Utah 1988
22 63-11-10, as last amended by Chapter 122, Laws of Utah 1953
23 73-13-1, as last amended by Chapter 243, Laws of Utah 1996
24 73-13-2, Utah Code Annotated 1953
25 73-13-3, Utah Code Annotated 1953
26 73-13-4, Utah Code Annotated 1953
27 73-13-5, as last amended by Chapter 243, Laws of Utah 1996
28 73-13-6, Utah Code Annotated 1953
29 73-13-7, Utah Code Annotated 1953
30 73-13-8, Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
1 Section 1. Section 4-3-15 is amended to read:
2 4-3-15. Dairy Advisory Board created -- Composition -- Appointment -- Removal --
3 Compensation -- Responsibilities.
4 (1) (a) There is created a Dairy Advisory Board composed of five members appointed by
5 the commissioner.
6 (b) Except as required by Subsection (c), as terms of current board members expire, the
7 commissioner shall appoint each new member or reappointed member to a four-year term.
8 (c) Notwithstanding the requirements of Subsection (b), the [
9 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
10 terms of board members are staggered so that approximately half of the board is appointed every
11 two years.
12 (2) (a) Three members shall be active dairy producers recommended by producer
13 organizations and the remaining two members a grade A milk processor and a non-grade A milk
14 processor, respectively.
15 (b) If a nominee is rejected by the commissioner, the recommending authority shall submit
16 another nominee.
17 (3) (a) A member may, at the commissioner's discretion, be removed upon the request of
18 the organization that recommended the appointment.
19 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
20 appointed for the unexpired term.
21 (4) One member shall be designated by the commissioner to serve as chair who is
22 responsible for the call and conduct of meetings of the Dairy Advisory Board. Attendance of a
23 simple majority of the members at a duly called meeting shall constitute a quorum for the
24 transaction of official business.
25 (5) (a) Members shall receive no compensation or benefits for their services, but may
26 receive per diem and expenses incurred in the performance of the member's official duties at the
27 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
28 (b) Members may decline to receive per diem and expenses for their service.
29 (6) The Dairy Advisory Board shall confer with and advise the department concerning the
30 planning and implementation of programs affecting the dairy industry and concerning the
31 administration of this chapter.
1 Section 2. Section 4-37-503 is amended to read:
2 4-37-503. Fish Health Board -- Transition period.
3 (1) There is created within the department the Fish Health Board which shall be
4 responsible for determining:
5 (a) the pathogens for which inspection is required to receive health approval; and
6 (b) the pathogens which may not be present to receive health approval.
7 (2) (a) The Fish Health Board shall consist of six members, three of whom shall be
8 appointed by the commissioner of the Department of Agriculture and three of whom shall be
9 appointed by the executive director of the Department of Natural Resources from a list of
10 candidates submitted by the Division of Wildlife Resources.
11 (b) The state veterinarian shall be among the members appointed by the commissioner of
12 the Department of Agriculture and shall serve as chair of the board.
13 (c) The chief fish pathologist of the Division of Wildlife Resources shall be among the
14 members appointed by the executive director of the Department of Natural Resources.
15 (d) Except as required by Subsection (e), the term of office of board members shall be four
16 years.
17 (e) Notwithstanding the requirements of Subsection (d), the commissioner and the
18 executive director shall, at the time of appointment or reappointment, adjust the length of terms
19 to ensure that the terms of board members are staggered so that approximately half of the board
20 is appointed every two years.
21 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
22 appointed for the unexpired term.
23 (g) The board shall meet upon the call of the chair or a majority of the board members.
24 (h) (i) A majority of the board members constitutes a quorum. A quorum is necessary for
25 the board to act.
26 (ii) Approval of a motion to list or delist a pathogen requires at least four votes.
27 (3) (a) (i) Members who are not government employees shall receive no compensation or
28 benefits for their services, but may receive per diem and expenses incurred in the performance of
29 the member's official duties at the rates established by the Division of Finance under Sections
30 63A-3-106 and 63A-3-107.
31 (ii) Members may decline to receive per diem and expenses for their service.
1 (b) (i) State government officer and employee members who do not receive salary, per
2 diem, or expenses from their agency for their service may receive per diem and expenses incurred
3 in the performance of their official duties from the board at the rates established by the Division
4 of Finance under Sections 63A-3-106 and 63A-3-107.
5 (ii) State government officer and employee members may decline to receive per diem and
6 expenses for their service.
7 (4) (a) The board shall make rules consistent with its responsibilities specified in
8 Subsection (1).
9 (b) The provisions of the proclamation of the Wildlife Board for "Aquaculture and Fish
10 Stocking" that pertain to pathogens for which inspection is necessary and which may not be
11 present shall remain in effect until the Fish Health Board enacts rules to replace those provisions.
12 Section 3. Section 9-1-405 (Renumbered 07/01/97) is amended to read:
13 9-1-405 (Renumbered 07/01/97). Creation of committee.
14 (1) There is created a Child Care Advisory Committee.
15 (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
16 (3) The committee shall be composed of 13 members as follows:
17 (a) two experts in early childhood development appointed by the governor in accordance
18 with Subsection (4);
19 (b) one day care provider appointed by the governor in accordance with Subsection (4);
20 (c) one parent of preschool or elementary school-aged children appointed by the governor
21 in accordance with Subsection (4);
22 (d) one representative of the Department of Human Services;
23 (e) one representative of the State Office of Education;
24 (f) one representative of the Department of Health;
25 (g) one representative from the corporate community appointed by the governor in
26 accordance with Subsection (4);
27 (h) one representative from the small business community appointed by the governor in
28 accordance with Subsection (4); and
29 (i) four representatives from child care advocacy groups appointed by the governor in
30 accordance with Subsection (4).
31 (4) Of those members appointed by the governor under Subsection (3), no more than [
1 six may be from the same political party.
2 (5) (a) Except as required by Subsection (b), as terms of current committee members
3 expire, the governor shall appoint each new member or reappointed member to a four-year term.
4 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
5 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
6 members are staggered so that approximately half of the committee is appointed every two years.
7 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
8 appointed for the unexpired term.
9 (7) A majority of the members constitutes a quorum for the transaction of business.
10 (8) The governor shall select a chair from its membership. The chair's term of office
11 expires on April 1 of each year.
12 (9) (a) (i) Members who are not government employees shall receive no compensation or
13 benefits for their services, but may receive per diem and expenses incurred in the performance of
14 the member's official duties at the rates established by the Division of Finance under Sections
15 63A-3-106 and 63A-3-107.
16 (ii) Members may decline to receive per diem and expenses for their service.
17 (b) (i) State government officer and employee members who do not receive salary, per
18 diem, or expenses from their agency for their service may receive per diem and expenses incurred
19 in the performance of their official duties from the committee at the rates established by the
20 Division of Finance under Sections 63A-3-106 and 63A-3-107.
21 (ii) State government officer and employee members may decline to receive per diem and
22 expenses for their service.
23 Section 4. Section 9-2-301 is amended to read:
24 9-2-301. Small Business Advisory Council -- Membership -- Expenses.
25 (1) There is created within the department the Small Business Advisory Council.
26 (2) (a) The council shall consist of no more than [
27 governor as follows:
28 (i) at least two members from the financial institutions industry;
29 (ii) one member of the Board of Business and Economic Development created under
30 Section 9-2-202;
31 (iii) seven small business owners, including at least one woman and at least one minority;
1 (iv) the executive director of the Department of Commerce or the designee of the executive
2 director of the Department of Commerce;
3 (v) the executive director of the Department of Environmental Quality or the designee of
4 the executive director of the Department of Environmental Quality;
5 (vi) at least one member from a local business organization; [
6 (vii) one representative from the Small Business Administration; and
7 [
8 (b) In appointing the members of the council, the governor shall consider all geographic
9 areas and representative industries of the state.
10 (c) (i) Except as required by Subsection (ii), all members shall serve for four-year terms.
11 (ii) Notwithstanding the requirements of Subsection (i), the governor shall, at the time of
12 appointment or reappointment, adjust the length of terms to ensure that the terms of council
13 members are staggered so that approximately half of the council is appointed every two years.
14 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
15 appointed for the unexpired term.
16 (3) The council shall report to the governor through the chair.
17 (4) The governor shall appoint the chair and vice chair.
18 (5) A majority constitutes a quorum for the transaction of business.
19 (6) (a) The council shall meet quarterly at times and places determined by the chair or, at
20 the request of the governor, at times and places determined by the governor.
21 (b) All meetings and notices of meetings shall comply with Title 52, Chapter 4, Open and
22 Public Meetings.
23 (7) (a) (i) Members who are not government employees shall receive no compensation or
24 benefits for their services, but may receive per diem and expenses incurred in the performance of
25 the member's official duties at the rates established by the Division of Finance under Sections
26 63A-3-106 and 63A-3-107.
27 (ii) Members may decline to receive per diem and expenses for their service.
28 (b) (i) State government officer and employee members who do not receive salary, per
29 diem, or expenses from their agency for their service may receive per diem and expenses incurred
30 in the performance of their official duties from the council at the rates established by the Division
31 of Finance under Sections 63A-3-106 and 63A-3-107.
1 (ii) State government officer and employee members may decline to receive per diem and
2 expenses for their service.
3 (8) The department shall provide clerical and professional staff and services to the council.
4 Section 5. Section 9-4-1104 is amended to read:
5 9-4-1104. Board of Directors -- Membership -- Term -- Quorum -- Vacancies.
6 (1) The corporation shall be governed by a board of directors.
7 (2) The board shall be composed of 11 members appointed by the governor with the advice
8 and consent of the Senate.
9 (3) The governor shall ensure that:
10 (a) two members of the board are residents of Salt Lake County in which the state fair is
11 held;
12 (b) there is at least one member of the board from each judicial district;
13 (c) two members of the board are residents of the First Congressional District;
14 (d) two members of the board are residents of the Second Congressional District;
15 (e) two members of the board are residents of the Third Congressional District; and
16 (f) two members of the board represent agricultural interests.
17 (4) (a) (i) Except as provided in Subsection (a)(ii), the governor shall appoint board
18 members to serve [
19 board member was appointed.
20 (ii) In making [
21
22 approximately 1/4 of the board expire each year.
23 (b) Except as provided in Subsection (c), board members shall serve until their successors
24 are appointed and qualified.
25 (c) (i) If a board member is absent from three consecutive board meetings without excuse,
26 that member's appointment is terminated, the position is vacant, and the governor shall appoint a
27 replacement.
28 (ii) The governor may remove any member of the board at will.
29 (d) The governor shall fill any vacancy that occurs on the board for any reason by
30 appointing a person according to the procedures of this section for the unexpired term of the
31 vacated member.
1 (5) The governor shall select the board's chair.
2 (6) Six members of the board are a quorum for the transaction of business.
3 (7) The board may elect a vice chair and any other board offices.
4 [
5
6
7 Section 6. Section 23-14-2 is amended to read:
8 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum -- Meetings
9 -- Per diem and expenses.
10 (1) There is created a Wildlife Board which shall consist of seven members appointed by
11 the governor.
12 (2) (a) The members of the board shall have expertise or experience in at least one of the
13 following areas:
14 (i) wildlife management or biology;
15 (ii) habitat management, including range or aquatic;
16 (iii) business, including knowledge of private land issues; and
17 (iv) economics, including knowledge of recreational wildlife uses.
18 (b) Each of the areas of expertise under Subsection (a) shall be represented by at least one
19 member of the Wildlife Board.
20 (3) (a) The governor shall select each board member from a list of nominees submitted
21 by the nominating committee pursuant to Section 23-14-2.5.
22 (b) No more than two members shall be from a single wildlife region described in
23 Subsection 23-14-2.6(1).
24 (c) The governor may request an additional list of at least two nominees from the
25 nominating committee if the initial list of nominees for a given position is unacceptable.
26 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of the
27 initial or additional list, the nominating committee shall make an interim appointment by majority
28 vote.
29 (ii) The interim board member shall serve until the matter is resolved by the committee
30 and the governor or until the board member is replaced pursuant to this chapter.
31 (e) Each appointment shall be confirmed by the Senate.
1 (4) (a) Except as required by Subsection (b), as terms of current board members expire,
2 the governor shall appoint each new member or reappointed member to a [
3 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
4 appointment or reappointment, adjust the length of terms to ensure that:
5 (i) the terms of board members are staggered so that approximately [
6 is appointed every two years[
7 (ii) members serving from the same region have staggered terms.
8 (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
9 in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a replacement for the
10 unexpired term.
11 (d) Board members may serve only one term unless:
12 (i) the member is among the first board members appointed to serve four years or less; or
13 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
14 (5) (a) The board shall elect a chair and a vice chair from its membership.
15 (b) Four members of the board shall constitute a quorum.
16 (c) The director of the Division of Wildlife Resources shall act as secretary to the board
17 but shall not be a voting member of the board.
18 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year to
19 expeditiously conduct its business.
20 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
21 emergency situations.
22 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
23 Resources or elsewhere as determined by the Wildlife Board.
24 (7) (a) (i) Members who are not government employees shall receive no compensation or
25 benefits for their services, but may receive per diem and expenses incurred in the performance of
26 the member's official duties at the rates established by the Division of Finance under Sections
27 63A-3-106 and 63A-3-107.
28 (ii) Members may decline to receive per diem and expenses for their service.
29 (b) (i) State government officer and employee members who do not receive salary, per
30 diem, or expenses from their agency for their service may receive per diem and expenses incurred
31 in the performance of their official duties from the board at the rates established by the Division
1 of Finance under Sections 63A-3-106 and 63A-3-107.
2 (ii) State government officer and employee members may decline to receive per diem and
3 expenses for their service.
4 (8) (a) The members of the Wildlife Board shall complete an orientation course to assist
5 them in the performance of the duties of their office.
6 (b) The Department of Natural Resources shall provide the course required under
7 Subsection (a).
8 Section 7. Section 23-14-2.6 is amended to read:
9 23-14-2.6. Regional advisory councils -- Creation -- Membership -- Duties -- Per
10 diem and expenses.
11 (1) There are created five regional advisory councils which shall consist of 12 to 15
12 members each from the wildlife region whose boundaries are established for administrative
13 purposes by the division.
14 (2) The members shall include individuals who represent the following groups and
15 interests:
16 (a) agriculture;
17 (b) sportsmen;
18 (c) nonconsumptive wildlife;
19 (d) locally elected public officials;
20 (e) federal land agencies; and
21 (f) the public at large.
22 (3) The executive director of the Department of Natural Resources, in consultation with
23 the director of the Division of Wildlife Resources, shall select the members from a list of nominees
24 submitted by the respective interest group or agency.
25 (4) The councils shall:
26 (a) hear broad input, including recommendations, biological data, and information
27 regarding the effects of wildlife;
28 (b) gather information from staff, the public, and government agencies; and
29 (c) make recommendations to the Wildlife Board in an advisory capacity.
30 (5) (a) Except as required by Subsection (b), each member shall serve a four-year term.
31 (b) Notwithstanding the requirements of Subsection (a), the [
1 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
2 terms of council members are staggered so that approximately half of the council is appointed
3 every two years.
4 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
5 appointed for the unexpired term.
6 (7) The councils shall determine:
7 (a) the time and place of meetings; and
8 (b) any other procedural matter not specified in this chapter.
9 (8) Members of the councils shall complete an orientation course as provided in
10 Subsection 23-14-2(8).
11 (9) (a) (i) Members who are not government employees shall receive no compensation or
12 benefits for their services, but may receive per diem and expenses incurred in the performance of
13 the member's official duties at the rates established by the Division of Finance under Sections
14 63A-3-106 and 63A-3-107.
15 (ii) Members may decline to receive per diem and expenses for their service.
16 (b) (i) State government officer and employee members who do not receive salary, per
17 diem, or expenses from their agency for their service may receive per diem and expenses incurred
18 in the performance of their official duties from the council at the rates established by the Division
19 of Finance under Sections 63A-3-106 and 63A-3-107.
20 (ii) State government officer and employee members may decline to receive per diem and
21 expenses for their service.
22 (c) (i) Local government members who do not receive salary, per diem, or expenses from
23 the entity that they represent for their service may receive per diem and expenses incurred in the
24 performance of their official duties at the rates established by the Division of Finance under
25 Sections 63A-3-106 and 63A-3-107.
26 (ii) Local government members may decline to receive per diem and expenses for their
27 service.
28 Section 8. Section 23-21-4 is amended to read:
29 23-21-4. Right of access to lands reserved to public.
30 (1) There is reserved to the public the right of access to all lands owned by the state,
31 including those lands lying below the official government meander line or high water line of
1 navigable waters, for the purpose of hunting, trapping, and fishing.
2 (2) Whenever any department or agency of the state [
3 lands belonging to the state of Utah[
4 high water line of the navigable waters within the state, the lease, contract of sale, or deed shall
5 contain a provision that:
6 (a) these lands shall be open to the public for the purpose of hunting, trapping, and fishing
7 on them during the lawful season, except:
8 (i) where the lands are situated in incorporated or unincorporated towns or cities; and
9 [
10 (ii) when it is mutually agreed by the [
11 Lands Board of Trustees, the Forestry, Fire, and State Lands Advisory Council, and the Wildlife
12 Board that [
13 including oil and gas; and
14 (b) no charge [
15 desires to go upon the land for the purpose of hunting, trapping, or fishing.
16 (3) Lands referred to in this section shall be regulated or closed to fishing, hunting, or
17 trapping as provided in this code for other lands and waters.
18 Section 9. Section 26-18a-2 is amended to read:
19 26-18a-2. Creation and membership of Children's Organ Transplant Coordinating
20 Committee -- Expenses.
21 (1) There is created the Children's Organ Transplant Coordinating Committee.
22 (2) The committee shall have six members representing the following:
23 (a) the executive directors of the Department of Human Services and the Department of
24 Health, or their designees;
25 (b) two representatives from federal or private agencies and organizations concerned with
26 providing support and financial assistance to the children and families of children who need organ
27 transplants; and
28 (c) two individuals who have had organ transplants, have children who have had organ
29 transplants, who work with families or children who have had or are awaiting organ transplants,
30 or community leaders or volunteers who have demonstrated an interest in working with families
31 or children in need of organ transplants.
1 (3) (a) The governor shall appoint the committee members and designate the chairperson
2 from among these people.
3 (b) (i) Except as required by Subsection (ii), each member shall serve a four-year term.
4 (ii) Notwithstanding the requirements of Subsection (i), the governor shall, at the time of
5 appointment or reappointment, adjust the length of terms to ensure that the terms of the committee
6 members are staggered so that approximately half of the committee is appointed every two years.
7 (4) (a) (i) Members who are not government employees shall receive no compensation or
8 benefits for their services, but may receive per diem and expenses incurred in the performance of
9 the member's official duties at the rates established by the Division of Finance under Sections
10 63A-3-106 and 63A-3-107.
11 (ii) Members may decline to receive per diem and expenses for their service.
12 (b) (i) State government officer and employee members who do not receive salary, per
13 diem, or expenses from their agency for their service may receive per diem and expenses incurred
14 in the performance of their official duties from the committee at the rates established by the
15 Division of Finance under Sections 63A-3-106 and 63A-3-107.
16 (ii) State government officer and employee members may decline to receive per diem and
17 expenses for their service.
18 (5) The Department of Human Services and the Department of Health shall provide
19 support staff for the committee.
20 (6) The committee created by this chapter is dissolved at the end of the 1997 taxable year.
21 Section 10. Section 27-12-117 is amended to read:
22 27-12-117. Authority to designate, maintain, and build livestock highways.
23 (1) The department, [
24
25 survey, build, protect, purchase rights-of-way for, and maintain livestock highways.
26 (2) If state highways with heavy traffic are regularly used for the movement of livestock
27 [
28
29 roads or trails for livestock travel.
30 Section 11. Section 35-1-17 (Renumbered 07/01/97) is amended to read:
31 35-1-17 (Renumbered 07/01/97). Appointment of state council -- Composition --
1 Terms of members -- Membership nominations -- Compensation.
2 (1) The Industrial Commission shall appoint a state council composed of:
3 (a) five employer representatives;
4 (b) five employee representatives; and
5 (c) three members, one representing the Workers' Compensation Fund of Utah, one
6 representing a private insurance carrier, and one representing health care providers, all of whom
7 are nonvoting.
8 (2) The Utah insurance commissioner shall serve on the state council as an ex officio
9 nonvoting member.
10 (3) Employers and employees shall consider nominating members of groups who
11 historically may have been excluded from the council, such as women, minorities, and individuals
12 with disabilities.
13 (4) (a) Except as required by Subsection (4)(b), as terms of current council members
14 expire, the [
15 four-year term beginning July 1 and ending June 30.
16 (b) Notwithstanding the requirements of Subsection (4)(a), the [
17 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
18 terms of council members are staggered so that approximately half of the council is appointed
19 every two years.
20 (5) (a) When a vacancy occurs in the membership for any reason, the replacement shall
21 be appointed for the unexpired term.
22 (b) The commission shall terminate the terms of any council member who ceases to be
23 representative as designated by his original appointment.
24 (6) The council shall confer at least quarterly for the purpose of advising the commission
25 and the Legislature on the Utah workers' compensation and occupational disease laws, the
26 administration of them, and related rules.
27 (7) The council shall offer advice on issues requested by the commission and the
28 Legislature and also make recommendations to the commission regarding workers' compensation,
29 rehabilitation, and reemployment of employees who are disabled because of an industrial injury
30 or occupational disease.
31 (8) (a) (i) Members who are not government employees shall receive no compensation or
1 benefits for their services, but may receive per diem and expenses incurred in the performance of
2 the member's official duties at the rates established by the Division of Finance under Sections
3 63A-3-106 and 63A-3-107.
4 (ii) Members may decline to receive per diem and expenses for their service.
5 (b) (i) State government officer and employee members who do not receive salary, per
6 diem, or expenses from their agency for their service may receive per diem and expenses incurred
7 in the performance of their official duties from the council at the rates established by the Division
8 of Finance under Sections 63A-3-106 and 63A-3-107.
9 (ii) State government officer and employee members may decline to receive per diem and
10 expenses for their service.
11 Section 12. Section 35A-3-107 (Effective 07/01/97) is amended to read:
12 35A-3-107 (Effective 07/01/97). Appointment of workers' compensation advisory
13 council -- Composition -- Terms of members -- Duties -- Compensation.
14 (1) The executive director of the department shall appoint a workers' compensation
15 advisory council composed of:
16 (a) the following voting members:
17 (i) five employer representatives; and
18 (ii) five employee representatives; and
19 (b) the following nonvoting members:
20 (i) three members, one representing the Workers' Compensation Fund of Utah, one
21 representing a private insurance carrier, and one representing health care providers;
22 (ii) the Utah insurance commissioner;
23 (iii) each member of the Workforce Appeals Board; and
24 (iv) the executive director or the executive director's designee.
25 (3) Employers and employees shall consider nominating members of groups who
26 historically may have been excluded from the council, such as women, minorities, and individuals
27 with disabilities.
28 (4) (a) Except as required by Subsection (4)(b), as terms of current council members
29 expire, the [
30 member to a four-year term beginning July 1 and ending June 30.
31 (b) Notwithstanding the requirements of Subsection (4)(a), the [
1 commission shall, at the time of appointment or reappointment, adjust the length of terms to ensure
2 that the terms of council members are staggered so that approximately half of the council is
3 appointed every two years.
4 (5) (a) When a vacancy occurs in the membership for any reason, the replacement shall
5 be appointed for the unexpired term.
6 (b) The executive director shall terminate the terms of any council member who ceases to
7 be representative as designated by his original appointment.
8 (6) The council shall confer at least quarterly for the purpose of advising the department,
9 the Division of Labor, Safety, and Program Regulation, and the Legislature on the Utah workers'
10 compensation and occupational disease laws, the administration of them, and related rules.
11 (7) The council shall offer advice on issues requested by the department, the Division of
12 Labor, Safety, and Program Regulation, the State Council on Workforce Services, and the
13 Legislature and also make recommendations to the department and the Division of Labor, Safety,
14 and Program Regulation regarding workers' compensation, rehabilitation, and reemployment of
15 employees who are disabled because of an industrial injury or occupational disease.
16 (8) The executive director or the executive director's designee shall serve as the chair of
17 the council and call the necessary meetings.
18 (9) The department shall provide staff support to the council.
19 (10) (a) (i) Members who are not government employees shall receive no compensation
20 or benefits for their services, but may receive per diem and expenses incurred in the performance
21 of the member's official duties at the rates established by the Division of Finance under Sections
22 63A-3-106 and 63A-3-107.
23 (ii) Members may decline to receive per diem and expenses for their service.
24 (b) (i) State government officer and employee members who do not receive salary, per
25 diem, or expenses from their agency for their service may receive per diem and expenses incurred
26 in the performance of their official duties from the council at the rates established by the Division
27 of Finance under Sections 63A-3-106 and 63A-3-107.
28 (ii) State government officer and employee members may decline to receive per diem and
29 expenses for their service.
30 Section 13. Section 35A-8-205 (Effective 07/01/97) is amended to read:
31 35A-8-205 (Effective 07/01/97). Creation of committee.
1 (1) There is created a Child Care Advisory Committee.
2 (2) The committee shall counsel and advise the office in fulfilling its statutory obligations.
3 (3) The committee shall be composed of 13 members as follows:
4 (a) two experts in early childhood development appointed by the governor in accordance
5 with Subsection (4);
6 (b) one day care provider appointed by the governor in accordance with Subsection (4);
7 (c) one parent of preschool or elementary school-aged children appointed by the governor
8 in accordance with Subsection (4);
9 (d) one representative of the Department of Human Services;
10 (e) one representative of the State Office of Education;
11 (f) one representative of the Department of Health;
12 (g) one representative from the corporate community appointed by the governor in
13 accordance with Subsection (4);
14 (h) one representative from the small business community appointed by the governor in
15 accordance with Subsection (4); and
16 (i) four representatives from child care advocacy groups appointed by the governor in
17 accordance with Subsection (4).
18 (4) Of those members appointed by the governor under Subsection (3), no more than [
19 six may be from the same political party.
20 (5) (a) Except as required by Subsection (b), as terms of current committee members
21 expire, the governor shall appoint each new member or reappointed member to a four-year term.
22 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
23 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
24 members are staggered so that approximately half of the committee is appointed every two years.
25 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
26 appointed for the unexpired term.
27 (7) A majority of the members constitutes a quorum for the transaction of business.
28 (8) The governor shall select a chair from the committee membership. The chair's term
29 of office expires on April 1 of each year.
30 (9) (a) (i) Members who are not government employees shall receive no compensation or
31 benefits for their services, but may receive per diem and expenses incurred in the performance of
1 the member's official duties at the rates established by the Division of Finance under Sections
2 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the committee at the rates established by the
7 Division of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 Section 14. Section 51-7-16 is amended to read:
11 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
12 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure of
13 interests -- Per diem and expenses.
14 (1) (a) There is created a State Money Management Council composed of five members
15 appointed by the governor after consultation with the state treasurer and with the advice and
16 consent of the Senate.
17 (b) The members of the council shall be qualified by training and experience in the field
18 of investment or finance as follows:
19 (i) at least one member, but not more than two members, shall be experienced in the
20 banking business;
21 [
22 [
23 treasurer;
24 [
25 public treasurer; and
26 [
27 experienced in the field of investment.
28 (c) No more than three members of the council may be from the same political party.
29 (2) (a) Except as required by Subsection (b), the council members shall be appointed for
30 terms of four years.
31 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
1 appointment or reappointment, adjust the length of terms to ensure that the terms of council
2 members are staggered so that approximately half of the council is appointed every two years.
3 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
4 appointed for the unexpired term.
5 (d) All members shall serve until their successors are appointed and qualified.
6 (3) (a) The council members shall elect a chair and vice chair.
7 (b) The state treasurer shall serve as executive secretary of the council without vote.
8 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by the
9 council and at other times at the call of the chair, the state treasurer, or any two members of the
10 council.
11 (b) Three members are a quorum for the transaction of business.
12 (c) Actions of the council require a vote of a majority of those present.
13 (d) All meetings of the council and records of its proceedings are open for inspection by
14 the public at the state treasurer's office during regular business hours except for:
15 (i) reports of the commissioner of financial institutions concerning the identity, liquidity,
16 or financial condition of qualified depositories and the amount of public funds each is eligible to
17 hold; and
18 (ii) reports of the director concerning the identity, liquidity, or financial condition of
19 certified dealers.
20 (5) (a) Each member of the council shall file a sworn or written statement with the
21 lieutenant governor that discloses any position or employment or ownership interest that he has
22 in any financial institution or investment organization.
23 (b) Each member shall file the statement required by this subsection when he becomes a
24 member of the council and when substantial changes in his position, employment, or ownership
25 interests occur.
26 (6) (a) (i) Members who are not government employees shall receive no compensation or
27 benefits for their services, but may receive per diem and expenses incurred in the performance of
28 the member's official duties at the rates established by the Division of Finance under Sections
29 63A-3-106 and 63A-3-107.
30 (ii) Members may decline to receive per diem and expenses for their service.
31 (b) (i) State government officer and employee members who do not receive salary, per
1 diem, or expenses from their agency for their service may receive per diem and expenses incurred
2 in the performance of their official duties from the council at the rates established by the Division
3 of Finance under Sections 63A-3-106 and 63A-3-107.
4 (ii) State government officer and employee members may decline to receive per diem and
5 expenses for their service.
6 (c) (i) Local government members who do not receive salary, per diem, or expenses from
7 the entity that they represent for their service may receive per diem and expenses incurred in the
8 performance of their official duties at the rates established by the Division of Finance under
9 Sections 63A-3-106 and 63A-3-107.
10 (ii) Local government members may decline to receive per diem and expenses for their
11 service.
12 Section 15. Section 53-7-203 (Effective 07/01/97) is amended to read:
13 53-7-203 (Effective 07/01/97). Utah Fire Prevention Board -- Creation -- Members
14 -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation --
15 Division's duty to implement board rules.
16 (1) There is created within the division the Utah Fire Prevention Board.
17 (2) The board shall be nonpartisan and be composed of ten members appointed by the
18 governor as follows:
19 (a) a city or county official;
20 (b) a licensed architect;
21 (c) a licensed [
22 (d) a member of the Utah State Firemen's Association;
23 (e) the state forester;
24 (f) the executive director of the Department of Workforce Services or the executive
25 director's designee;
26 (g) a member of the Utah State Fire Chiefs Association;
27 (h) a member of the Utah Fire Marshal's Association;
28 (i) a building inspector; and
29 (j) a citizen appointed at large.
30 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
31 the governor shall appoint each new member or reappointed member to a four-year term.
1 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
2 appointment or reappointment, adjust the length of terms to ensure that the terms of board
3 members are staggered so that approximately half of the board is appointed every two years.
4 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
5 appointed for the unexpired term.
6 (5) The board shall select from its members a chair and other officers as the board finds
7 necessary.
8 (6) A majority of the members of the board is a quorum.
9 (7) The board shall hold regular semiannual meetings for the transaction of its business
10 at a time and place to be fixed by the board and shall hold other meetings as necessary for proper
11 transaction of business.
12 (8) (a) (i) Members who are not government employees shall receive no compensation or
13 benefits for their services, but may receive per diem and expenses incurred in the performance of
14 the member's official duties at the rates established by the Division of Finance under Sections
15 63A-3-106 and 63A-3-107.
16 (ii) Members may decline to receive per diem and expenses for their service.
17 (b) (i) State government officer and employee members who do not receive salary, per
18 diem, or expenses from their agency for their service may receive per diem and expenses incurred
19 in the performance of their official duties from the board at the rates established by the Division
20 of Finance under Sections 63A-3-106 and 63A-3-107.
21 (ii) State government officer and employee members may decline to receive per diem and
22 expenses for their service.
23 (c) (i) Local government members who do not receive salary, per diem, or expenses from
24 the entity that they represent for their service may receive per diem and expenses incurred in the
25 performance of their official duties at the rates established by the Division of Finance under
26 Sections 63A-3-106 and 63A-3-107.
27 (ii) Local government members may decline to receive per diem and expenses for their
28 service.
29 (9) The division shall implement the rules of the board and perform all other duties
30 delegated by the board.
31 Section 16. Section 53-7-203 (Superseded 07/01/97) is amended to read:
1 53-7-203 (Superseded 07/01/97). Utah Fire Prevention Board -- Creation -- Members
2 -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation --
3 Division's duty to implement board rules.
4 (1) There is created within the division the Utah Fire Prevention Board.
5 (2) The board shall be nonpartisan and be composed of ten members appointed by the
6 governor as follows:
7 (a) a city or county official;
8 (b) a licensed architect;
9 (c) a licensed [
10 (d) a member of the Utah State Firemen's Association;
11 (e) the state forester;
12 (f) a member of the Utah State Industrial Commission;
13 (g) a member of the Utah State Fire Chiefs Association;
14 (h) a member of the Utah Fire Marshal's Association;
15 (i) a building inspector; and
16 (j) a citizen appointed at large.
17 (3) (a) Except as required by Subsection (b), as terms of current board members expire,
18 the governor shall appoint each new member or reappointed member to a four-year term.
19 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
20 appointment or reappointment, adjust the length of terms to ensure that the terms of board
21 members are staggered so that approximately half of the board is appointed every two years.
22 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
23 appointed for the unexpired term.
24 (5) The board shall select from its members a chair and other officers as the board finds
25 necessary.
26 (6) A majority of the members of the board is a quorum.
27 (7) The board shall hold regular semiannual meetings for the transaction of its business
28 at a time and place to be fixed by the board and shall hold other meetings as necessary for proper
29 transaction of business.
30 (8) (a) (i) Members who are not government employees shall receive no compensation or
31 benefits for their services, but may receive per diem and expenses incurred in the performance of
1 the member's official duties at the rates established by the Division of Finance under Sections
2 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the board at the rates established by the Division
7 of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) (i) Local government members who do not receive salary, per diem, or expenses from
11 the entity that they represent for their service may receive per diem and expenses incurred in the
12 performance of their official duties at the rates established by the Division of Finance under
13 Sections 63A-3-106 and 63A-3-107.
14 (ii) Local government members may decline to receive per diem and expenses for their
15 service.
16 (9) The division shall implement the rules of the board and perform all other duties
17 delegated by the board.
18 Section 17. Section 53B-17-201 is amended to read:
19 53B-17-201. Proceeds from federal land grants for a Miners' Hospital.
20 There is appropriated to the University of Utah all funds, assets, and revenues which have
21 been, or will be, derived from the sale or other disposition of those lands conveyed to the state of
22 Utah by those [
23 Section 12 of the Enabling Act and in Chapter 280, Public Laws of the Seventieth Congress, 2nd
24 Session (Act of February 20, 1929) which funds, assets, and revenues now are, or in the future will
25 be, in the custody and control of the [
26 Board of Trustees.
27 Section 18. Section 62A-5a-103 is amended to read:
28 62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
29 Membership -- Expenses.
30 (1) There is created the Coordinating Council for Persons with Disabilities.
31 (2) The council shall consist of:
1 (a) the director of the Division of Services for People with Disabilities within the
2 Department of Human Services, or his designee;
3 (b) the director of family health services programs, appointed under Section 26-10-3, or
4 his designee;
5 (c) the executive director of the Utah State Office of Rehabilitation, or his designee;
6 (d) the state director of special education, or his designee;
7 (e) the director of the Division of Health Care Financing within the Department of Health,
8 or his designee;
9 (f) the director of the Division of Mental Health within the Department of Human
10 Services, or his designee;
11 (g) the superintendent of Schools for the Deaf and Blind, or his designee; and
12 (h) a person with a disability, a family member of a person with a disability, or an
13 advocate for persons with disabilities, appointed by the members listed in Subsections (a) through
14 (g).
15 [
16 (b) Five members of the council are [
17 [
18 [
19 per diem, or expenses from their agency for their service may receive per diem and expenses
20 incurred in the performance of their official duties from the council at the rates established by the
21 Division of Finance under Sections 63A-3-106 and 63A-3-107.
22 (b) State government officer and employee members may decline to receive per diem and
23 expenses for their service.
24 Section 19. Section 62A-8-103.5 is enacted to read:
25 62A-8-103.5. Alcohol training and education seminar.
26 (1) Each new and renewing licensee under Title 32A who sells or furnishes alcoholic
27 beverages to the public within the scope of his employment, and each employee of every other
28 establishment who, within the scope of his employment, serves alcoholic beverages to the public
29 for consumption on the premises shall:
30 (a) complete an alcohol training and education seminar within six months of beginning
31 employment; and
1 (b) pay a fee to the seminar provider.
2 (2) The division shall:
3 (a) provide alcohol training and education seminars;
4 (b) include the following subjects in the curriculum and instruction:
5 (i) alcohol as a drug and its effect on the body and behavior;
6 (ii) recognizing the problem drinker;
7 (iii) an overview of state alcohol laws;
8 (iv) dealing with the problem customer, including ways to terminate service; and
9 (v) alternative means of transportation to get the customer safely home; and
10 (c) establish a fee for each person attending the seminar in an amount sufficient to offset
11 the division's cost of administering the seminar.
12 (3) The seminar provider shall collect the fee and forward it to the division.
13 Section 20. Section 62A-13-103 is amended to read:
14 62A-13-103. Rural Mental Health Therapist Financial Assistance Committee
15 created.
16 (1) As used in this section, "Council of Mental Health Programs" means a council
17 consisting of all of the directors of Utah public mental health centers.
18 [
19 of ten members appointed by the governor with the advice and consent of the Senate. The
20 committee members are:
21 (a) one faculty member of the graduate school of social work at a Utah university,
22 nominated by the dean of the school;
23 (b) one employee of the department nominated by the director of the department;
24 (c) one rural representative of the Utah Council of Mental Health Programs nominated by
25 the president of the council;
26 (d) one member of the Utah Psychological Association nominated by the president of the
27 association;
28 (e) one rural representative of the Association for Utah Community Health nominated by
29 the board of the association;
30 (f) one rural representative nominated by Utah League of Cities and Towns;
31 (g) one rural representative nominated by the Association of Counties;
1 (h) one rural representative nominated by the Utah Counseling Association;
2 (i) one rural representative of the Utah Association for Marriage and Family Therapy; and
3 (j) one member of the Legislature chosen by the president and speaker, who serves as an
4 ex officio member with no voting privileges.
5 [
6 submitted to the governor for confirmation or rejection.
7 (b) If a nominee is rejected by the governor, another nominee shall be selected in the same
8 manner as the nominee the governor rejects.
9 [
10 member is four years.
11 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
12 appointment or reappointment, adjust the length of terms to ensure that the terms of committee
13 members are staggered so that approximately half of the committee is appointed every two years.
14 [
15 [
16 a one-year period.
17 [
18 be appointed for the unexpired term.
19 [
20 of business.
21 [
22 compensation or benefits for their services, but may receive per diem and expenses incurred in the
23 performance of the member's official duties at the rates established by the Division of Finance
24 under Sections 63A-3-106 and 63A-3-107.
25 (ii) Members may decline to receive per diem and expenses for their service.
26 (b) (i) State government officer and employee members who do not receive salary, per
27 diem, or expenses from their agency for their service may receive per diem and expenses incurred
28 in the performance of their official duties from the committee at the rates established by the
29 Division of Finance under Sections 63A-3-106 and 63A-3-107.
30 (ii) State government officer and employee members may decline to receive per diem and
31 expenses for their service.
1 (c) Legislators on the committee shall receive compensation and expenses as provided by
2 law and legislative rule.
3 (d) Members from higher education may not receive per diem or expenses for their service.
4 (e) (i) Higher education members who do not receive salary, per diem, or expenses from
5 the entity that they represent for their service may receive per diem and expenses incurred in the
6 performance of their official duties from the committee at the rates established by the Division of
7 Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) Higher education members may decline to receive per diem and expenses for their
9 service.
10 (f) (i) Local government members who do not receive salary, per diem, or expenses from
11 the entity that they represent for their service may receive per diem and expenses incurred in the
12 performance of their official duties at the rates established by the Division of Finance under
13 Sections 63A-3-106 and 63A-3-107.
14 (ii) Local government members may decline to receive per diem and expenses for their
15 service.
16 Section 21. Section 63-11-19.1 is amended to read:
17 63-11-19.1. Contracts for purchase of lands for addition to Wasatch Mountain State
18 Park -- Tax levy for payment of principal and interest -- Separability.
19 (1) The [
20 may enter into real estate installment contracts for the purchase of lands in Wasatch County, Utah,
21 for addition to the Wasatch Mountain State Park.
22 (2) The total principal amount of [
23 authority [
24 nor the limitation imposed by Section 1 of Article XIV of the Constitution of the state of Utah.
25 (3) [
26 (i) executed by the [
27
28 (ii) payable with interest at a rate not to exceed 3 per cent per annum on the deferred
29 principal installments.
30 (b) The contracts may not exceed ten years in duration.
31 (4) (a) The installment payments on the principal of [
1 in equal annual installments [
2 contracts and annually thereafter with interest on referred payments not in excess of the amount
3 [
4 (b) The contracts may provide that payment of all or any part of the amount due under all
5 or any of [
6 time. [
7 (c) The installment contracts shall be in [
8 [
9 (d) When assigned to a bona fide purchaser for value, the payment of the principal
10 installments and interest remaining due at the time of [
11 avoided or invalidated for any irregularity or defect in the proceedings for their execution and
12 delivery or for failure of compliance with any of the other terms or conditions of [
13 contracts, but shall be incontestable in the hands of [
14 for value.
15 (5) (a) The full faith and credit of the state of Utah is pledged to the payment of [
16 installment contracts and the principal and interest [
17 (b) (i) There is [
18 all other taxes, a direct annual tax sufficient to pay the principal amounts of installments falling
19 due in each year on [
20
21 (ii) The tax [
22 sufficient funds provided from other sources to pay the amounts of principal and interest falling
23 due in [
24 (6) If any provision of this [
25 or circumstance, is held invalid, the remainder of this [
26 [
27 Section 22. Section 63-34-6 is amended to read:
28 63-34-6. Division directors -- Appointment -- Removal -- Jurisdiction of executive
29 director -- Natural resources planning.
30 (1) (a) The chief administrative officer of each division within the Department of Natural
31 Resources shall be a director[
1 Department of Natural Resources with the concurrence of the board having policy authority for
2 the division.
3 (b) The director of each division may be removed from office by the executive director
4 of the Department of Natural Resources.
5 (c) The appointment and term of office of the state engineer, notwithstanding anything to
6 the contrary contained in this section, shall be in accordance with Section 73-2-1.
7 (2) (a) The executive director of the Department of Natural Resources shall have
8 administrative jurisdiction over each of the division directors for the purpose of implementing
9 department policy as established by the division boards.
10 (b) The executive director of the Department of Natural Resources may consolidate
11 personnel and service functions in the respective divisions under his administrative jurisdiction
12 to effectuate efficiency and economy in the operations of the department, and may establish a
13 departmental services division to perform service functions.
14 (3) (a) The executive director of the Department of Natural Resources, in cooperation with
15 the [
16 policymaking authority regarding natural resources, [
17 comprehensive planning for the development and conservation of the state's natural resources.
18 [
19 (b) The executive director shall submit any plans to the governor for review and approval.
20 Section 23. Section 63-75-5 (Effective 07/01/97) is amended to read:
21 63-75-5 (Effective 07/01/97). Steering committee -- Membership -- Duties.
22 (1) As used in this section, "Council of Mental Health Programs" means a council
23 consisting of all of the directors of Utah public mental health centers.
24 [
25 Committee.
26 [
27 (a) the director of the Division of Health Care Financing within the Department of Health;
28 (b) a representative annually designated by the Council of Mental Health Programs;
29 (c) the director of the Division of Substance Abuse within the Department of Human
30 Services;
31 (d) the director of the Division of Youth Corrections within the Department of Human
1 Services;
2 (e) the state director of special education;
3 (f) the person responsible for programs for at risk students within the Utah State Office
4 of Education, if that person is not the state director of special education;
5 (g) the Juvenile Court Administrator;
6 (h) a representative annually designated by substance abuse directors;
7 (i) the director of the Division of Child and Family Services within the Department of
8 Human Services;
9 (j) the director of the Division of Mental Health within the Department of Human
10 Services;
11 (k) the director of family health services programs;
12 (l) a representative annually designated by the Utah School Superintendents Association;
13 (m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
14 (n) a representative annually designated by the local health officers;
15 (o) the director of the Division of Employment Development;
16 (p) three at-large members appointed by a majority of the committee to four-year terms,
17 who represent a statewide perspective on children and youth issues; and
18 (q) parent representatives appointed by members specified in Subsections (a) through (p).
19 [
20 voting members for four-year terms.
21 [
22 members expire, the committee shall appoint each new member or reappointed member to a
23 four-year term.
24 (b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time
25 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
26 committee members are staggered so that approximately half of the at-large committee members
27 are appointed every two years.
28 [
29 be appointed for the unexpired term.
30 [
31 [
1 transact the business of the committee.
2 [
3 compensation or benefits for their services, but may receive per diem and expenses incurred in the
4 performance of the member's official duties at the rates established by the Division of Finance
5 under Sections 63A-3-106 and 63A-3-107.
6 (ii) Members may decline to receive per diem and expenses for their service.
7 (b) (i) State government officer and employee members who do not receive salary, per
8 diem, or expenses from their agency for their service may receive per diem and expenses incurred
9 in the performance of their official duties from the committee at the rates established by the
10 Division of Finance under Sections 63A-3-106 and 63A-3-107.
11 (ii) State government officer and employee members may decline to receive per diem and
12 expenses for their service.
13 (c) (i) Local government members who do not receive salary, per diem, or expenses from
14 the entity that they represent for their service may receive per diem and expenses incurred in the
15 performance of their official duties at the rates established by the Division of Finance under
16 Sections 63A-3-106 and 63A-3-107.
17 (ii) Local government members may decline to receive per diem and expenses for their
18 service.
19 [
20 (a) assist the council in fulfilling its duties set out in Section 63-75-4;
21 (b) monitor, solicit input for policy changes, and provide technical assistance to local
22 collaborative programs; and
23 (c) report any formal recommendations to the council.
24 Section 24. Section 63-75-5 (Superseded 07/01/97) is amended to read:
25 63-75-5 (Superseded 07/01/97). Steering committee -- Membership -- Duties.
26 (1) As used in this section, "Council of Mental Health Programs" means a council
27 consisting of all of the directors of Utah public mental health centers.
28 [
29 Committee.
30 [
31 (a) the director of the Division of Health Care Financing within the Department of Health;
1 (b) a representative annually designated by the Council of Mental Health Programs;
2 (c) the director of the Division of Substance Abuse within the Department of Human
3 Services;
4 (d) the director of the Division of Youth Corrections within the Department of Human
5 Services;
6 (e) the state director of special education;
7 (f) the person responsible for programs for at risk students within the Utah State Office
8 of Education, if that person is not the state director of special education;
9 (g) the Juvenile Court Administrator;
10 (h) a representative annually designated by substance abuse directors;
11 (i) the director of the Division of Child and Family Services within the Department of
12 Human Services;
13 (j) the director of the Division of Mental Health within the Department of Human
14 Services;
15 (k) the director of family health services programs;
16 (l) a representative annually designated by the Utah School Superintendents Association;
17 (m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
18 (n) a representative annually designated by the local health officers;
19 (o) the director of the Office of Family Support within the Department of Human Services;
20 (p) three at-large members appointed by a majority of the committee to four-year terms,
21 who represent a statewide perspective on children and youth issues; and
22 (q) parent representatives appointed by members specified in Subsections (a) through (p).
23 [
24 voting members for four-year terms.
25 [
26 members expire, the committee shall appoint each new member or reappointed member to a
27 four-year term.
28 (b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time
29 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
30 committee members are staggered so that approximately half of the at-large committee members
31 are appointed every two years.
1 [
2 be appointed for the unexpired term.
3 [
4 [
5 transact the business of the committee.
6 [
7 compensation or benefits for their services, but may receive per diem and expenses incurred in the
8 performance of the member's official duties at the rates established by the Division of Finance
9 under Sections 63A-3-106 and 63A-3-107.
10 (ii) Members may decline to receive per diem and expenses for their service.
11 (b) (i) State government officer and employee members who do not receive salary, per
12 diem, or expenses from their agency for their service may receive per diem and expenses incurred
13 in the performance of their official duties from the committee at the rates established by the
14 Division of Finance under Sections 63A-3-106 and 63A-3-107.
15 (ii) State government officer and employee members may decline to receive per diem and
16 expenses for their service.
17 (c) (i) Local government members who do not receive salary, per diem, or expenses from
18 the entity that they represent for their service may receive per diem and expenses incurred in the
19 performance of their official duties at the rates established by the Division of Finance under
20 Sections 63A-3-106 and 63A-3-107.
21 (ii) Local government members may decline to receive per diem and expenses for their
22 service.
23 [
24 (a) assist the council in fulfilling its duties set out in Section 63-75-4;
25 (b) monitor, solicit input for policy changes, and provide technical assistance to local
26 collaborative programs; and
27 (c) report any formal recommendations to the council.
28 Section 25. Section 63C-2-103 is amended to read:
29 63C-2-103. Terms of members -- Vacancies -- Term limitation.
30 (1) (a) Except as required by Subsection (b), as terms of current commission members
31 expire, the [
1 to a four-year term.
2 (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of
3 appointment or reappointment, adjust the length of terms to ensure that the terms of commission
4 members are staggered so that approximately half of the commission is appointed every two years.
5 (c) Terms shall expire on June 30 every two years.
6 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
7 appointed for the unexpired term.
8 (3) A member of the House or Senate who leaves office before the four-year term has
9 expired shall be replaced by their appointing authority.
10 (4) A member may not serve more than two consecutive terms.
11 Section 26. Section 73-18b-1 is amended to read:
12 73-18b-1. Water safety rules and regulations -- Adoption.
13 (1) The [
14
15
16 activities on any waters where public boating is permitted. [
17 (2) The commission may consider recommendations of and cooperate with other state
18 agencies and the owners or operators of [
19 Section 27. Section 73-18b-3 is amended to read:
20 73-18b-3. Violation of regulations -- Misdemeanor.
21 Any person who violates any [
22
23 Recreation under authority of this chapter is guilty of a class B misdemeanor.
24 Section 28. Section 73-18b-4 is amended to read:
25 73-18b-4. Enforcement of regulations.
26 [
27
28 (1) The Board of Parks and Recreation shall designate officers to enforce board rules made
29 under the authority of this chapter.
30 (2) Those officers [
31 arrest procedures as they have in their other enforcement activities.
1 Section 29. Repealer.
2 This act repeals:
3 Section 62A-8-401, Alcohol Training and Education Advisory Commission -- Creation
4 -- Membership.
5 Section 62A-8-402, Responsibilities of commission -- Curriculum -- Sunset date.
6 Section 62A-8-403, Alcohol training and education seminar -- Requirements -- Fees.
7 Section 63-11-10, State park in vicinity of "This is the Place" Monument -- Eminent
8 domain -- Condemnation.
9 Section 73-13-1, Committee -- Selection -- Composition.
10 Section 73-13-2, Meeting and organization of committee.
11 Section 73-13-3, Duties of committee.
12 Section 73-13-4, Rights and prerogatives of committee.
13 Section 73-13-5, Traveling and other expenses of committee.
14 Section 73-13-6, Appropriations.
15 Section 73-13-7, Chairman of committee.
16 Section 73-13-8, Title of committee.
Legislative Review Note
as of 11-21-96 9:01 AM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The State and Local Affairs Interim Committee recommended this bill.
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