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S.B. 10

             1     

REVISIONS TO SENATE ADVISE AND

             2     
CONSENT POWERS

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Ron Allen

             6      This act makes uniform the language in the Utah Code governing Senate advise and consent
             7      powers. This act conforms specific statutory conflicts relating to the governor's appointment
             8      powers with general provisions governing the governor's appointment powers. This act
             9      makes technical corrections.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          4-2-3, as last amended by Chapter 114, Laws of Utah 1991
             13          4-18-4, as last amended by Chapter 82, Laws of Utah 1997
             14          7-1-202, as last amended by Chapter 114, Laws of Utah 1991
             15          7-1-203, as last amended by Chapters 79 and 243, Laws of Utah 1996
             16          9-1-204, as renumbered and amended by Chapter 241, Laws of Utah 1992
             17          9-2-203, as last amended by Chapter 243, Laws of Utah 1996
             18          9-3-202, as last amended by Chapter 243, Laws of Utah 1996
             19          9-4-304, as last amended by Chapters 242 and 243, Laws of Utah 1996
             20          9-4-503, as last amended by Chapters 194 and 243, Laws of Utah 1996
             21          9-4-904, as last amended by Chapter 319, Laws of Utah 2001
             22          9-4-1104, as last amended by Chapter 276, Laws of Utah 1997
             23          9-6-204, as last amended by Chapter 243, Laws of Utah 1996
             24          9-8-204, as last amended by Chapter 243, Laws of Utah 1996
             25          9-14-103, as enacted by Chapter 368, Laws of Utah 1999
             26          9-15-103, as enacted by Chapter 368, Laws of Utah 1999
             27          11-38-201, as enacted by Chapter 24, Laws of Utah 1999


             28          13-1-3, as last amended by Chapter 114, Laws of Utah 1991
             29          17A-2-1409, as last amended by Chapter 254, Laws of Utah 2000
             30          17A-2-1704, as last amended by Chapter 1, Laws of Utah 2000
             31          19-1-104, as enacted by Chapter 112, Laws of Utah 1991
             32          19-2-103, as last amended by Chapter 275, Laws of Utah 2001
             33          19-3-103, as last amended by Chapter 243, Laws of Utah 1996
             34          19-4-103, as last amended by Chapter 275, Laws of Utah 2001
             35          19-5-103, as last amended by Chapter 275, Laws of Utah 2001
             36          19-6-103, as last amended by Chapter 243, Laws of Utah 1996
             37          23-14-2, as last amended by Chapter 276, Laws of Utah 1997
             38          26-1-8, as last amended by Chapter 114, Laws of Utah 1991
             39          26-33a-103, as last amended by Chapter 21, Laws of Utah 1999
             40          31A-2-102, as last amended by Chapter 305, Laws of Utah 1993
             41          31A-29-104, as last amended by Chapter 243, Laws of Utah 1996
             42          31A-33-106, as renumbered and amended by Chapter 240 and last amended by Chapter
             43      243, Laws of Utah 1996
             44          34-20-3, as last amended by Chapters 135 and 375, Laws of Utah 1997
             45          34A-1-201, as enacted by Chapter 375, Laws of Utah 1997
             46          34A-1-205, as enacted by Chapter 375, Laws of Utah 1997
             47          35A-1-201, as last amended by Chapter 10, Laws of Utah 1997
             48          40-6-4, as last amended by Chapter 243, Laws of Utah 1996
             49          49-1-202, as last amended by Chapter 243, Laws of Utah 1996
             50          51-7-16, as last amended by Chapter 276, Laws of Utah 1997
             51          53-1-107, as renumbered and amended by Chapter 234, Laws of Utah 1993
             52          53-2-108, as enacted by Chapter 281, Laws of Utah 1997
             53          53B-1-104, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
             54          53C-1-202, as enacted by Chapter 294, Laws of Utah 1994
             55          54-1-1.5, as last amended by Chapter 114, Laws of Utah 1991
             56          54-1-1.6, as enacted by Chapter 246, Laws of Utah 1983
             57          54-10-2, as last amended by Chapter 243, Laws of Utah 1996
             58          59-1-206, as last amended by Chapter 114, Laws of Utah 1991


             59          61-1-18.5, as last amended by Chapter 160, Laws of Utah 1997
             60          61-2b-7, as last amended by Chapter 117, Laws of Utah 1999
             61          62A-1-107, as last amended by Chapter 69, Laws of Utah 1999
             62          62A-1-108, as last amended by Chapter 114, Laws of Utah 1991
             63          62A-4a-102, as last amended by Chapter 208, Laws of Utah 2000
             64          62A-7-109, as last amended by Chapter 1, Laws of Utah 2000
             65          62A-13-103, as last amended by Chapter 157, Laws of Utah 2001
             66          63-2-501, as last amended by Chapters 194 and 243, Laws of Utah 1996
             67          63-5-4, as last amended by Chapter 82, Laws of Utah 1997
             68          63-11-14, as last amended by Chapters 242 and 243, Laws of Utah 1996
             69          63-25a-103, as last amended by Chapter 270, Laws of Utah 1999
             70          63-25a-404, as last amended by Chapter 235, Laws of Utah 2000
             71          63-34-4, as last amended by Chapter 243, Laws of Utah 1996
             72          63-34-5, as last amended by Chapter 66, Laws of Utah 1993
             73          63-88-103, as last amended by Chapter 243, Laws of Utah 1996
             74          63-88-107, as last amended by Chapter 281, Laws of Utah 2000
             75          63A-1-105, as enacted by Chapter 212, Laws of Utah 1993
             76          63A-7-104, as last amended by Chapter 109, Laws of Utah 2001
             77          63A-10-103, as last amended by Chapter 109, Laws of Utah 2001
             78          63C-9-201, as last amended by Chapter 46, Laws of Utah 1999
             79          63D-1-301, as last amended by Chapter 364, Laws of Utah 1998
             80          64-13-3, as last amended by Chapter 114, Laws of Utah 1991
             81          64-13-4.1, as last amended by Chapter 243, Laws of Utah 1996
             82          67-1-1.5, as last amended by Chapter 243, Laws of Utah 1996
             83          67-1-2.5, as last amended by Chapter 242, Laws of Utah 1996
             84          67-1-3, Utah Code Annotated 1953
             85          67-1a-2, as enacted by Chapter 68, Laws of Utah 1984
             86          67-19-5, as last amended by Chapter 128, Laws of Utah 1994
             87          68-4-6, as last amended by Chapter 125, Laws of Utah 1993
             88          72-1-202, as renumbered and amended by Chapter 270, Laws of Utah 1998
             89          72-1-301, as renumbered and amended by Chapter 270, Laws of Utah 1998


             90          72-7-109, as enacted by Chapter 347, Laws of Utah 2000
             91          73-10-2, as last amended by Chapter 243, Laws of Utah 1996
             92          77-27-2, as last amended by Chapters 13 and 22, Laws of Utah 1998
             93          78-8-102, as renumbered and amended by Chapter 148, Laws of Utah 2000
             94      Be it enacted by the Legislature of the state of Utah:
             95          Section 1. Section 4-2-3 is amended to read:
             96           4-2-3. Administration by commissioner.
             97          Administration of the department is under the direction, control, and management of a
             98      commissioner appointed by the governor with the [advice and] consent of the Senate. The
             99      commissioner shall serve at the pleasure of the governor. The governor shall establish the
             100      commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter
             101      22, State Officer Compensation.
             102          Section 2. Section 4-18-4 is amended to read:
             103           4-18-4. Soil Conservation Commission created -- Composition -- Appointment --
             104      Terms -- Compensation -- Attorney general to provide legal assistance.
             105          (1) There is established, to serve as an agency of the state and functioning within the
             106      Department of Agriculture and Food the Soil Conservation Commission to perform the functions
             107      specified in this chapter.
             108          (2) The Soil Conservation Commission shall be comprised of 12 members as follows:
             109          (a) the director of the Extension Service at Utah State University, or his designee;
             110          (b) the president of the Association of Soil Conservation Districts, or his designee;
             111          (c) the commissioner, or his designee;
             112          (d) the executive director of the Department of Natural Resources, or his designee;
             113          (e) the executive director of the Department of Environmental Quality, or his designee;
             114      and
             115          (f) seven district supervisors who provide district representation on the commission on a
             116      multicounty basis.
             117          (3) If a district supervisor is unable to attend a meeting, an alternate may serve in his place.
             118          (4) The members of the commission specified in Subsection (2)(f) shall:
             119          (a) be recommended by the commission to the governor; and
             120          (b) be appointed by the governor with the [advice and] consent of the Senate.


             121          (5) (a) Except as required by Subsection (5)(b), as terms of current commission members
             122      expire, the governor shall appoint each new member or reappointed member to a four-year term.
             123          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
             124      of appointment or reappointment, adjust the length of terms to ensure that the terms of commission
             125      members are staggered so that approximately half of the commission is appointed every two years.
             126          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             127      appointed for the unexpired term.
             128          (7) The commissioner is chair of the commission.
             129          (8) Attendance of a majority of the commission members at a meeting constitutes a
             130      quorum.
             131          (9) (a) (i) Members who are not government employees shall receive no compensation or
             132      benefits for their services, but may receive per diem and expenses incurred in the performance of
             133      the member's official duties at the rates established by the Division of Finance under Sections
             134      63A-3-106 and 63A-3-107 .
             135          (ii) Members may decline to receive per diem and expenses for their service.
             136          (b) (i) State government officer and employee members who do not receive salary, per
             137      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             138      in the performance of their official duties from the commission at the rates established by the
             139      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             140          (ii) State government officer and employee members may decline to receive per diem and
             141      expenses for their service.
             142          (c) (i) Higher education members who do not receive salary, per diem, or expenses from
             143      the entity that they represent for their service may receive per diem and expenses incurred in the
             144      performance of their official duties from the committee at the rates established by the Division of
             145      Finance under Sections 63A-3-106 and 63A-3-107 .
             146          (ii) Higher education members may decline to receive per diem and expenses for their
             147      service.
             148          (d) (i) Local government members who do not receive salary, per diem, or expenses from
             149      the entity that they represent for their service may receive per diem and expenses incurred in the
             150      performance of their official duties at the rates established by the Division of Finance under
             151      Sections 63A-3-106 and 63A-3-107 .


             152          (ii) Local government members may decline to receive per diem and expenses for their
             153      service.
             154          (10) The commission shall keep a record of its actions.
             155          (11) The attorney general shall provide legal services to the commission upon request.
             156          Section 3. Section 7-1-202 is amended to read:
             157           7-1-202. Commissioner of financial institutions as executive officer -- Appointment
             158      -- Term -- Salary -- Qualifications.
             159          The chief executive officer of the Department of Financial Institutions shall be the
             160      commissioner of financial institutions who shall be appointed by the governor with the [advice
             161      and] consent of the Senate. He shall hold office for a term of four years following his appointment
             162      and confirmation and until his successor is appointed and qualified, but he shall be subject to
             163      removal at the pleasure of the governor. The governor shall establish the commissioner's salary
             164      within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
             165      Compensation. The commissioner of financial institutions shall be a citizen of the United States
             166      and shall have sufficient experience with depository institutions or as an employee of a state or
             167      federal agency having supervision over financial institutions to demonstrate his qualifications and
             168      fitness to perform the duties of his office.
             169          Section 4. Section 7-1-203 is amended to read:
             170           7-1-203. Board of Financial Institutions.
             171          (1) There is created a Board of Financial Institutions consisting of the commissioner and
             172      the following five members, who shall be qualified by training and experience in their respective
             173      fields and shall be appointed by the governor with the [advice and] consent of the Senate:
             174          (a) one representative from the commercial banking business;
             175          (b) one representative from the savings and loan, consumer lending, mortgage brokerage,
             176      or escrow agency business;
             177          (c) one representative from the industrial loan corporation business;
             178          (d) one representative from the credit union business; and
             179          (e) one representative of the general public who, as a result of education, training,
             180      experience, or interest, is well qualified to consider economic and financial issues and data as they
             181      may affect the public interest in the soundness of the financial systems of this state.
             182          (2) The commissioner shall act as chair.


             183          (3) (a) All members of the board shall be residents of this state.
             184          (b) No more than three members of the board may be from the same political party.
             185          (c) No more than two members of the board may be connected with the same financial
             186      institution or its holding company.
             187          (d) A member may not participate in any matter involving any institution with which the
             188      member has a conflict of interest.
             189          (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years each
             190      expiring on July 1.
             191          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             192      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             193      members are staggered so that approximately half of the board is appointed every two years.
             194          (c) All members serve until their respective successors are appointed and qualified.
             195          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             196      appointed for the unexpired term.
             197          (5) The board shall meet at least quarterly on a date it sets. The commissioner or any two
             198      members of the board may call additional meetings. Four members constitute a quorum for the
             199      transaction of business. Actions of the board require a vote of a majority of those present.
             200      Meetings of the board and records of its proceedings are subject to Title 52, Chapter 4, Open and
             201      Public Meetings, except for discussion of confidential information pertaining to a particular
             202      financial institution.
             203          (6) Each member of the board shall, by sworn or written statement filed with the
             204      commissioner, disclose any position of employment or ownership interest that the member has
             205      with respect to any institution subject to the jurisdiction of the department. The member shall file
             206      this statement when first appointed to the board and shall subsequently file amendments if there
             207      is any material change in the matters covered by the statement.
             208          (7) (a) (i) Members who are not government employees shall receive no compensation or
             209      benefits for their services, but may receive per diem and expenses incurred in the performance of
             210      the member's official duties at the rates established by the Division of Finance under Sections
             211      63A-3-106 and 63A-3-107 .
             212          (ii) Members may decline to receive per diem and expenses for their service.
             213          (b) (i) State government officer and employee members who do not receive salary, per


             214      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             215      in the performance of their official duties from the board at the rates established by the Division
             216      of Finance under Sections 63A-3-106 and 63A-3-107 .
             217          (ii) State government officer and employee members may decline to receive per diem and
             218      expenses for their service.
             219          (8) The board shall advise the commissioner with respect to the exercise of his duties,
             220      powers, and responsibilities under this title and the organization and performance of the
             221      department and its employees.
             222          (9) The board shall recommend annually to the governor and the Legislature a budget for
             223      the requirements of the department in carrying out its duties, functions, and responsibilities under
             224      this title.
             225          Section 5. Section 9-1-204 is amended to read:
             226           9-1-204. Executive director of department -- Appointment -- Removal --
             227      Compensation.
             228          (1) The department shall be administered, directed, controlled, organized, and managed
             229      by an executive director appointed by the governor with the [advice and] consent of the Senate.
             230          (2) The executive director shall serve at the pleasure of the governor and is subject to
             231      removal by the governor with or without cause.
             232          (3) The salary of the executive director shall be established by the governor within the
             233      salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             234          Section 6. Section 9-2-203 is amended to read:
             235           9-2-203. Members -- Meetings -- Expenses.
             236          (1) (a) The board shall consist of 15 members appointed by the governor to four-year terms
             237      of office with the [advice and] consent of the Senate.
             238          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
             239      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             240      members are staggered so that approximately half of the board is appointed every two years.
             241          (c) The members may not serve more than two full consecutive terms except where the
             242      governor determines that an additional term is in the best interest of the state.
             243          (2) Not more than eight members of the board may be from one political party.
             244          (3) The members shall be representative of all areas of the state.


             245          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             246      appointed for the unexpired term.
             247          (5) Eight members of the board constitute a quorum for conducting board business and
             248      exercising board power.
             249          (6) The governor shall select one of the board members as its chair.
             250          (7) (a) Members shall receive no compensation or benefits for their services, but may
             251      receive per diem and expenses incurred in the performance of the member's official duties at the
             252      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             253          (b) Members may decline to receive per diem and expenses for their service.
             254          Section 7. Section 9-3-202 is amended to read:
             255           9-3-202. Members -- Meetings -- Expenses.
             256          (1) (a) The board shall consist of nine members appointed by the governor to four-year
             257      terms of office with the [advice and] consent of the Senate.
             258          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
             259      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             260      members are staggered so that approximately half of the board is appointed every two years.
             261          (2) The members may not serve more than two full consecutive terms unless the governor
             262      determines that an additional term is in the best interest of the state.
             263          (3) Not more than five members of the board may be of the same political party.
             264          (4) (a) The members shall be representative of:
             265          (i) all areas of the state with six being appointed from separate geographical areas as
             266      provided in Subsection (4)(b); and
             267          (ii) a diverse mix of the travel and tourism related industries.
             268          (b) The geographical representatives shall be appointed as follows:
             269          (i) one member from Salt Lake, Tooele, or Morgan County;
             270          (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
             271          (iii) one member from Utah, Summit, Juab, or Wasatch County;
             272          (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
             273          (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
             274          (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
             275          (c) The travel and tourism industry representatives shall be appointed from among active


             276      participants in the ownership or management of travel and tourism related businesses.
             277          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             278      appointed for the unexpired term from the same geographic area or industry representation as the
             279      member whose office was vacated.
             280          (6) Five members of the board constitutes a quorum for conducting board business and
             281      exercising board powers.
             282          (7) The governor shall select one of the board members as chair and one of the board
             283      members as vice chair, each for a two-year term.
             284          (8) (a) Members shall receive no compensation or benefits for their services, but may
             285      receive per diem and expenses incurred in the performance of the member's official duties at the
             286      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             287          (b) Members may decline to receive per diem and expenses for their service.
             288          (9) The board shall meet at least once each quarter at various locations throughout the
             289      state.
             290          Section 8. Section 9-4-304 is amended to read:
             291           9-4-304. Permanent Community Impact Fund Board created -- Members -- Terms
             292      -- Chair -- Expenses.
             293          (1) There is created within the Department of Community and Economic Development the
             294      Permanent Community Impact Fund Board composed of 11 members as follows:
             295          (a) the chair of the Board of Water Resources or the chair's designee;
             296          (b) the chair of the Water Quality Board or the chair's designee;
             297          (c) the director of the department or the director's designee;
             298          (d) the chair of the State Board of Education or the chair's designee;
             299          (e) the chair of the State Board of Regents or the chair's designee;
             300          (f) the state treasurer;
             301          (g) the chair of the Transportation Commission or the chair's designee;
             302          (h) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
             303          (i) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or Wayne
             304      County;
             305          (j) a locally elected official who resides in Duchesne, Daggett, or Uintah County; and
             306          (k) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane


             307      County.
             308          (2) (a) The members specified under Subsections (1)(h) through (1)(k) shall be:
             309          (i) nominated by the Board of Directors of the Southeastern Association of Governments,
             310      Central Utah Association of Governments, Uintah Basin Association of Governments, and
             311      Southwestern Association of Governments, respectively; and
             312          (ii) appointed by the governor with the [advice and] consent of the Senate.
             313          (iii) Except as required by Subsection (2)(a)(iv), as terms of current board members expire,
             314      the governor shall appoint each new member or reappointed member to a four-year term.
             315          (iv) Notwithstanding the requirements of Subsection (2)(a)(iii), the governor shall, at the
             316      time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             317      members are staggered so that approximately half of the board is appointed every two years.
             318          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             319      appointed for the unexpired term.
             320          (3) The terms of office for the members of the impact board specified under Subsections
             321      (1)(a) through (1)(g) shall run concurrently with the terms of office for the councils, boards,
             322      committees, commission, departments, or offices from which the members come.
             323          (4) The executive director of the department, or the executive director's designee, shall be
             324      the chair of the impact board.
             325          (5) (a) (i) Members who are not government employees shall receive no compensation or
             326      benefits for their services, but may receive per diem and expenses incurred in the performance of
             327      the member's official duties at the rates established by the Division of Finance under Sections
             328      63A-3-106 and 63A-3-107 .
             329          (ii) Members may decline to receive per diem and expenses for their service.
             330          (b) (i) State government officer and employee members who do not receive salary, per
             331      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             332      in the performance of their official duties from the board at the rates established by the Division
             333      of Finance under Sections 63A-3-106 and 63A-3-107 .
             334          (ii) State government officer and employee members may decline to receive per diem and
             335      expenses for their service.
             336          (c) (i) Higher education members who do not receive salary, per diem, or expenses from
             337      the entity that they represent for their service may receive per diem and expenses incurred in the


             338      performance of their official duties from the committee at the rates established by the Division of
             339      Finance under Sections 63A-3-106 and 63A-3-107 .
             340          (ii) Higher education members may decline to receive per diem and expenses for their
             341      service.
             342          (d) (i) Local government members who do not receive salary, per diem, or expenses from
             343      the entity that they represent for their service may receive per diem and expenses incurred in the
             344      performance of their official duties at the rates established by the Division of Finance under
             345      Sections 63A-3-106 and 63A-3-107 .
             346          (ii) Local government members may decline to receive per diem and expenses for their
             347      service.
             348          Section 9. Section 9-4-503 is amended to read:
             349           9-4-503. Private Activity Bond Review Board.
             350          (1) There is created within the department the Private Activity Bond Review Board,
             351      composed of ten members as follows:
             352          (a) four ex officio members who shall be:
             353          (i) the executive director of the department or his designee;
             354          (ii) the state treasurer or his designee;
             355          (iii) the chair of the Board of Regents or his designee; and
             356          (iv) the chair of the Utah Housing Finance Agency or his designee; and
             357          (b) six local government members who shall be:
             358          (i) three elected or appointed county officials, nominated by the Utah Association of
             359      Counties and appointed by the governor with the [advice and] consent of the Senate; and
             360          (ii) three elected or appointed municipal officials, nominated by the Utah League of Cities
             361      and Towns and appointed by the governor with the [advice and] consent of the Senate.
             362          (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
             363      government members of the board of review shall be four-year terms.
             364          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             365      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             366      members are staggered so that approximately half of the board is appointed every two years.
             367          (c) Members may be reappointed only once.
             368          (3) (a) If a local government member ceases to be an elected or appointed official of the


             369      city or county he is appointed to represent, his membership on the board of review shall terminate
             370      immediately and there shall be a vacancy in the membership.
             371          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             372      appointed within 30 days in the manner of the regular appointment for the unexpired term, and
             373      until his successor is appointed and qualified.
             374          (4) The chair of the board of review shall be the executive director of the department or
             375      his designee. The chair shall be nonvoting except in the case of a tie vote.
             376          (5) Five members of the board of review constitute a quorum.
             377          (6) Formal action by the board of review shall be by majority vote of a quorum.
             378          (7) (a) (i) Members who are not government employees shall receive no compensation or
             379      benefits for their services, but may receive per diem and expenses incurred in the performance of
             380      the member's official duties at the rates established by the Division of Finance under Sections
             381      63A-3-106 and 63A-3-107 .
             382          (ii) Members may decline to receive per diem and expenses for their service.
             383          (b) (i) State government officer and employee members who do not receive salary, per
             384      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             385      in the performance of their official duties from the board at the rates established by the Division
             386      of Finance under Sections 63A-3-106 and 63A-3-107 .
             387          (ii) State government officer and employee members may decline to receive per diem and
             388      expenses for their service.
             389          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             390      the entity that they represent for their service may receive per diem and expenses incurred in the
             391      performance of their official duties at the rates established by the Division of Finance under
             392      Sections 63A-3-106 and 63A-3-107 .
             393          (ii) Local government members may decline to receive per diem and expenses for their
             394      service.
             395          (d) (i) Higher education members who do not receive salary, per diem, or expenses from
             396      the entity that they represent for their service may receive per diem and expenses incurred in the
             397      performance of their official duties from the committee at the rates established by the Division of
             398      Finance under Sections 63A-3-106 and 63A-3-107 .
             399          (ii) Higher education members may decline to receive per diem and expenses for their


             400      service.
             401          (8) The chair of the board of review shall serve as the state official designated under state
             402      law to make certifications required to be made under Section 146 of the code including, without
             403      limitation, the certification required by Section 149(e)(2)(F) of the code.
             404          Section 10. Section 9-4-904 is amended to read:
             405           9-4-904. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers -- Quorum --
             406      Per diem and expenses.
             407          (1) (a) There is created an independent body politic and corporate, constituting a public
             408      corporation, known as the "Utah Housing Corporation."
             409          (b) The corporation may also be known and do business as the:
             410          (i) Utah Housing Finance Association; and
             411          (ii) Utah Housing Finance Agency in connection with any contract entered into when that
             412      was the corporation's legal name.
             413          (c) Any other entity may not use the names described in Subsections (1)(a) and (b) without
             414      the express approval of the corporation.
             415          (2) The corporation shall be governed by a board of trustees composed of the following
             416      nine trustees:
             417          (a) three ex officio trustees who shall be:
             418          (i) the executive director of the Department of Community and Economic Development;
             419          (ii) the commissioner of the Department of Financial Institutions or his designee; and
             420          (iii) the state treasurer or his designee; and
             421          (b) six public trustees, being private citizens of the state, as follows:
             422          (i) two people representing the mortgage lending industry;
             423          (ii) two people representing the home building and real estate industry; and
             424          (iii) two people representing the public at large.
             425          (3) The governor shall:
             426          (a) appoint the six public trustees of the corporation with the [advice and] consent of the
             427      Senate; and
             428          (b) ensure that:
             429          (i) the six public trustees are from different counties and are residents of Utah; and
             430          (ii) not more than three of the public trustees belong to the same political party.


             431          (4) (a) Except as required by Subsection (4)(b), the six public trustees shall be appointed
             432      to terms of office of four years each.
             433          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             434      of appointment or reappointment, adjust the length of terms to ensure that the terms of corporation
             435      trustees are staggered so that approximately half of the board is appointed every two years.
             436          (5) (a) Any of the six public trustees of the corporation may be removed from office for
             437      cause either by the governor or by an affirmative vote of any six trustees of the corporation.
             438          (b) When a vacancy occurs in the board of trustees for any reason, the replacement shall
             439      be appointed for the unexpired term.
             440          (c) Each public trustee shall hold office for the term of his appointment and until his
             441      successor has been appointed and qualified.
             442          (d) Any public trustee is eligible for reappointment but may not serve more than two full
             443      consecutive terms.
             444          (6) (a) The governor shall select the chair of the corporation.
             445          (b) The trustees shall elect from among their number a vice chair and other officers they
             446      may determine.
             447          (7) Five trustees of the corporation constitute a quorum for transaction of business. An
             448      affirmative vote of at least five trustees is necessary for any action to be taken by the corporation.
             449      A vacancy in the board of trustees may not impair the right of a quorum to exercise all rights and
             450      perform all duties of the corporation.
             451          (8) (a) (i) Trustees who are not government employees may not receive compensation or
             452      benefits for their services, but may receive a reasonable per diem and reimbursement expenses
             453      incurred in the performance of the trustee's official duties at the rates established by the board of
             454      trustees.
             455          (ii) Trustees may decline to receive per diem and expenses for their service.
             456          (b) (i) State government officer and employee trustees who do not receive salary, per diem,
             457      or expenses from their agency for their service may receive per diem and expenses incurred in the
             458      performance of their official duties from the corporation at the rates established by the Division
             459      of Finance under Sections 63A-3-106 and 63A-3-107 .
             460          (ii) State government officer and employee trustees may decline to receive per diem and
             461      expenses for their service.


             462          Section 11. Section 9-4-1104 is amended to read:
             463           9-4-1104. Board of Directors -- Membership -- Term -- Quorum -- Vacancies.
             464          (1) The corporation shall be governed by a board of directors.
             465          (2) The board shall be composed of 11 members appointed by the governor with the
             466      [advice and] consent of the Senate.
             467          (3) The governor shall ensure that:
             468          (a) two members of the board are residents of Salt Lake County in which the state fair is
             469      held;
             470          (b) there is at least one member of the board from each judicial district;
             471          (c) two members of the board are residents of the First Congressional District;
             472          (d) two members of the board are residents of the Second Congressional District;
             473          (e) two members of the board are residents of the Third Congressional District; and
             474          (f) two members of the board represent agricultural interests.
             475          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the governor shall appoint board
             476      members to serve terms that expire on the December 1 four years after the year that the board
             477      member was appointed.
             478          (ii) In making appointments to the board, the governor shall ensure that the terms of
             479      approximately 1/4 of the board expire each year.
             480          (b) Except as provided in Subsection (4)(c), board members shall serve until their
             481      successors are appointed and qualified.
             482          (c) (i) If a board member is absent from three consecutive board meetings without excuse,
             483      that member's appointment is terminated, the position is vacant, and the governor shall appoint a
             484      replacement.
             485          (ii) The governor may remove any member of the board at will.
             486          (d) The governor shall fill any vacancy that occurs on the board for any reason by
             487      appointing a person according to the procedures of this section for the unexpired term of the
             488      vacated member.
             489          (5) The governor shall select the board's chair.
             490          (6) Six members of the board are a quorum for the transaction of business.
             491          (7) The board may elect a vice chair and any other board offices.
             492          Section 12. Section 9-6-204 is amended to read:


             493           9-6-204. Utah Arts Council Board of Directors.
             494          (1) There is created within the department the Board of Directors of the Utah Arts Council.
             495          (2) (a) The board shall consist of 13 members appointed by the governor to four-year terms
             496      of office with the [advice and] consent of the Senate.
             497          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             498      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             499      members are staggered so that approximately half of the board is appointed every two years.
             500          (c) Nine board members shall be working artists in the following areas:
             501          (i) visual arts;
             502          (ii) architecture or design;
             503          (iii) literature;
             504          (iv) music;
             505          (v) sculpture;
             506          (vi) folklore or folk arts;
             507          (vii) theatre;
             508          (viii) dance; and
             509          (ix) media arts.
             510          (d) Four board members shall be citizens knowledgeable in the arts.
             511          (3) The members shall be appointed from the state at large with due consideration for
             512      geographical representation.
             513          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             514      appointed for the unexpired term by the governor within one month from the time of vacancy.
             515          (5) Seven members of the board constitute a quorum for the transaction of business.
             516          (6) The governor shall annually select one of the board members as chair.
             517          (7) (a) Members shall receive no compensation or benefits for their services, but may
             518      receive per diem and expenses incurred in the performance of the member's official duties at the
             519      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             520          (b) Members may decline to receive per diem and expenses for their service.
             521          (c) Members may not receive gifts, prizes, or awards of money from the purchasing fund
             522      of the division during their terms of office.
             523          Section 13. Section 9-8-204 is amended to read:


             524           9-8-204. Board of State History.
             525          (1) There is created within the department the Board of State History.
             526          (2) The board shall consist of 11 members appointed by the governor with the [advice and]
             527      consent of the Senate as follows:
             528          (a) sufficient representatives to satisfy the federal requirements for an adequately qualified
             529      State Historic Preservation Review Board; and
             530          (b) other persons with an interest in the subject matter of the division's responsibilities.
             531          (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for terms
             532      of four years and shall serve until their successors are appointed and qualified.
             533          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             534      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             535      members are staggered so that approximately half of the board is appointed every two years.
             536          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             537      appointed for the unexpired term with the [advice and] consent of the Senate.
             538          (5) Six members of the board are a quorum for the transaction of business.
             539          (6) The governor shall select a chair and vice chair from the board members.
             540          (7) (a) Members shall receive no compensation or benefits for their services, but may
             541      receive per diem and expenses incurred in the performance of the member's official duties at the
             542      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             543          (b) Members may decline to receive per diem and expenses for their service.
             544          Section 14. Section 9-14-103 is amended to read:
             545           9-14-103. Rural Development Fund Board -- Members -- Terms -- Chair -- Quorum
             546      -- Expenses.
             547          (1) There is created within the division the Rural Development Fund Board comprised of
             548      five members as follows:
             549          (a) the governor or the governor's designee;
             550          (b) two mayors from eligible entities; and
             551          (c) two county commissioners from eligible entities.
             552          (2) The governor shall appoint the members, [subject to confirmation by] with the consent
             553      of the Senate.
             554          (3) The terms of members shall run concurrently with the terms of office for the governor,


             555      the mayors, and the commissioners.
             556          (4) The governor or the governor's designee shall serve as the chair of the board.
             557          (5) Three board members constitute a quorum.
             558          (6) (a) Members who do not receive salary, per diem, or expenses from the entity that they
             559      represent for their service may receive per diem and expenses incurred in the performance of their
             560      official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             561      63A-3-107 .
             562          (b) Members may decline to receive per diem and expenses for their service.
             563          Section 15. Section 9-15-103 is amended to read:
             564           9-15-103. Rural Electronic Commerce Communications System Fund Board --
             565      Members -- Terms -- Chair -- Quorum -- Expenses.
             566          (1) There is created within the division the Rural Electronic Commerce Communications
             567      System Fund Board comprised of nine members as follows:
             568          (a) the governor or the governor's designee;
             569          (b) four mayors from towns scattered throughout rural Utah; and
             570          (c) four county commissioners from four different rural counties in the state.
             571          (2) No more than two members under Subsections (1)(b) and (c) may be from the same
             572      county.
             573          (3) The governor shall appoint the members[, subject to confirmation by] with the consent
             574      of the Senate.
             575          (4) The terms of members shall run concurrently with their terms of office.
             576          (5) The governor or the governor's designee shall serve as chair of the board.
             577          (6) Five members constitute a quorum.
             578          (7) (a) Members who do not receive salary, per diem, or expenses from the entity that they
             579      represent for their service may receive per diem and expenses incurred in the performance of their
             580      official duties at rates established by the Division of Finance under Sections 63A-3-106 and
             581      63A-3-107 .
             582          (b) Members may decline to receive per diem and expenses for their service.
             583          Section 16. Section 11-38-201 is amended to read:
             584           11-38-201. Quality Growth Commission -- Term of office -- Vacancy -- Organization
             585      -- Expenses -- Staff.


             586          (1) There is created a Quality Growth Commission consisting of:
             587          (a) two persons at the state government level, one of whom shall be from the Department
             588      of Natural Resources;
             589          (b) six elected officials at the local government level; and
             590          (c) five persons from the profit and nonprofit private sector, no more than three of whom
             591      may be from the same political party and one of whom shall be from the residential construction
             592      industry, nominated by the Utah Home Builders Association, and one of whom shall be from the
             593      real estate industry, nominated by the Utah Association of Realtors.
             594          (2) (a) Each commission member shall be appointed by the governor with the [advice and]
             595      consent of the Senate.
             596          (b) The governor shall select three of the six members under Subsection (1)(b) from a list
             597      of names provided by the Utah League of Cities and Towns, and shall select the remaining three
             598      from a list of names provided by the Utah Association of Counties.
             599          (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
             600      community from a list of names provided by Utah farm organizations.
             601          (3) (a) The term of office of each member is four years, except that the governor shall
             602      appoint one of the persons at the state government level, three of the persons at the local
             603      government level, and two of the persons under Subsection (1)(c) to an initial two-year term.
             604          (b) No member of the commission may serve more than two consecutive four-year terms.
             605          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
             606      an appointment under Subsection (2).
             607          (5) Commission members shall elect a chair from their number and establish rules for the
             608      organization and operation of the commission.
             609          (6) (a) No member may receive compensation or benefits for the member's service on the
             610      commission.
             611          (b) (i) A member who is not a government officer or employee may be reimbursed for
             612      reasonable expenses incurred in the performance of the member's official duties at the rates
             613      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             614          (ii) A member who is a government officer or employee and who does not receive
             615      expenses from the member's agency may be reimbursed for reasonable expenses incurred in the
             616      performance of the member's official duties at the rates established by the Division of Finance


             617      under Sections 63A-3-106 and 63A-3-107 .
             618          (c) A member may decline to be reimbursed for reasonable expenses incurred in the
             619      performance of the member's official duties.
             620          (d) A member is not required to give bond for the performance of official duties.
             621          (7) Staff services to the commission:
             622          (a) shall be provided by OPB; and
             623          (b) may be provided by local entities through the Utah Association of Counties and the
             624      Utah League of Cities and Towns, with funds approved by the commission from those identified
             625      as available to local entities under Subsection 11-38-203 (1).
             626          Section 17. Section 13-1-3 is amended to read:
             627           13-1-3. Executive director.
             628          (1) The department shall be under the supervision, direction, and control of the executive
             629      director of commerce. The executive director shall be appointed by the governor with the [advice
             630      and] consent of the Senate. The executive director shall hold office at the pleasure of the governor.
             631      The governor shall establish the executive director's salary within the salary range fixed by the
             632      Legislature in Title 67, Chapter 22, State Officer Compensation.
             633          (2) The executive director shall employ personnel necessary to carry out the duties and
             634      responsibilities of the department.
             635          Section 18. Section 17A-2-1409 is amended to read:
             636           17A-2-1409. Board of trustees -- Selection of members -- Number -- Qualifications
             637      -- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
             638          (1) (a) Within 45 days after entry of the decree incorporating the district, the board of
             639      trustees shall be selected as provided in this Subsection (1).
             640          (b) For a district that consists of a single county, the county legislative body of that county
             641      shall appoint each trustee.
             642          (c) (i) For a district that consists of more than a single county, the governor, with the
             643      [advice and] consent of the Senate, shall appoint each trustee from nominees submitted as provided
             644      in this Subsection (1)(c).
             645          (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
             646      incorporated cities, the legislative body of each city within the division shall submit two nominees
             647      per trustee.


             648          (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
             649      fewer than two nominees per trustee if the legislative body certifies in writing to the governor that
             650      the legislative body is unable, after reasonably diligent effort, to identify two nominees who are
             651      willing and qualified to serve as trustee.
             652          (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the county
             653      legislative body of the county in which the division is located shall submit three nominees per
             654      trustee.
             655          (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
             656      fewer than three nominees per trustee if the county legislative body certifies in writing to the
             657      governor that the county legislative body is unable, after reasonably diligent effort, to identify three
             658      nominees who are willing and qualified to serve as trustee.
             659          (iv) If a trustee represents a division located in more than one county, the county governing
             660      bodies of those counties shall collectively compile the list of three nominees.
             661          (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
             662      appointed in that district shall be a person who owns irrigation rights and uses those rights as part
             663      of that person's livelihood.
             664          (2) (a) The court shall establish the number, representation, and votes of trustees for each
             665      district in the decree creating the district. The board of trustees of the district shall consist of not
             666      more than 11 persons who are residents of the district. If the district consists of five or more
             667      counties, the board of trustees shall consist of not more than 21 persons who are residents of the
             668      district.
             669          (b) At least 90 days before expiration of a trustee's term, the secretary of the board shall:
             670          (i) give written notice of vacancies in any office of trustee and of the expiration date of
             671      terms of office of trustees to the county legislative body in single county districts and to the
             672      nominating entities and the governor in all other districts; and
             673          (ii) publish the notice in a newspaper having general circulation.
             674          (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a vacancy
             675      in the office of trustee, the legislative body of the city or the county legislative body, as the case
             676      may be, shall nominate candidates to fill the unexpired term of office pursuant to Subsection (1).
             677          (ii) If the entity charged with nominating candidates for appointment by the governor has
             678      not submitted the list of nominees within 90 days after service of the notice, the governor shall


             679      make the appointment from qualified candidates without consultation with the legislative body of
             680      the city or the county legislative body.
             681          (iii) If the governor fails to appoint, the incumbent shall continue to serve until a successor
             682      is appointed and qualified.
             683          (iv) Appointment by the governor vests in the appointee, upon qualification, the authority
             684      to discharge the duties of trustee, subject only to the [advice and] consent of the Senate.
             685          (d) Each trustee shall hold office during the term for which appointed and until a successor
             686      is duly appointed and has qualified.
             687          (3) Each trustee shall furnish a corporate surety bond at the expense of the district, in
             688      amount and form fixed and approved by the court, conditioned for the faithful performance of
             689      duties as a trustee.
             690          (4) (a) A report of the business transacted during the preceding year by the district,
             691      including a financial report prepared by certified public accountants, shall be filed with:
             692          (i) the clerk of the district court;
             693          (ii) the governing bodies of counties with lands within the district; and
             694          (iii) cities charged with nominating trustees.
             695          (b) No more than 14 days and no less than five days prior to the annual meeting, the
             696      district shall have published at least once in a newspaper having general circulation within the
             697      district:
             698          (i) a notice of the annual meeting; and
             699          (ii) the names of the trustees.
             700          (c) The district shall have published a summary of its financial report in a newspaper
             701      having general circulation within the district. The summary shall be published no later than 30
             702      days after the date the audit report required under Title 51, Chapter 2, Audits of Political
             703      Subdivisions, Interlocal Organizations and Other Local Entities, is required to be filed with the
             704      state auditor.
             705          (d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less than
             706      $1,000,000.
             707          Section 19. Section 17A-2-1704 is amended to read:
             708           17A-2-1704. Creation of authority -- Members.
             709          (1) (a) The authority comprises ten members. If the requirements of Section 17A-2-1703


             710      are met, the governor shall, with the [advice and] consent of the Senate, appoint six members of
             711      the authority from the public-at-large.
             712          (b) The remaining four members of the authority are:
             713          (i) the executive director of the Department of Environmental Quality;
             714          (ii) the executive director of the Department of Community and Economic Development;
             715          (iii) the executive director of the Department of Natural Resources; and
             716          (iv) the executive director of the Department of Transportation.
             717          (2) Public-at-large members, no more than three of whom shall be from the same political
             718      party, shall be appointed to six-year terms of office, subject to removal by the governor with or
             719      without cause.
             720          (3) The governor shall name one public-at-large member as chairman of the authority
             721      responsible for the call and conduct of authority meetings.
             722          (4) The authority may elect other officers as necessary.
             723          (5) Five members of the authority present at a properly noticed meeting constitute a
             724      quorum for the transaction of official authority business.
             725          (6) Public-at-large members are entitled to per diem and expenses for each day devoted
             726      to authority business at the rates established by the director of the Division of Finance under
             727      Sections 63A-3-106 and 63A-3-107 .
             728          Section 20. Section 19-1-104 is amended to read:
             729           19-1-104. Creation of department -- Appointment of executive director.
             730          (1) There is created within state government the Department of Environmental Quality.
             731      The department shall be administered by an executive director.
             732          (2) The executive director shall be appointed by the governor with the [advice and] consent
             733      of the Senate and shall serve at the pleasure of the governor.
             734          (3) The executive director shall have demonstrated the necessary administrative and
             735      professional ability through education and experience to efficiently and effectively manage the
             736      department's affairs.
             737          (4) The Legislature shall fix the compensation of the executive director in accordance with
             738      Title 67, Chapter 22, State Officer Compensation.
             739          Section 21. Section 19-2-103 is amended to read:
             740           19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem


             741      and expenses.
             742          (1) The board comprises 11 members, one of whom shall be the executive director and ten
             743      of whom shall be appointed by the governor with the [advice and] consent of the Senate.
             744          (2) The members shall be knowledgeable of air pollution matters and shall be:
             745          (a) a practicing physician and surgeon licensed in the state not connected with industry;
             746          (b) a registered professional engineer who is not from industry;
             747          (c) a representative from municipal government;
             748          (d) a representative from county government;
             749          (e) a representative from agriculture;
             750          (f) a representative from the mining industry;
             751          (g) a representative from manufacturing;
             752          (h) a representative from the fuel industry; and
             753          (i) two representatives of the public not representing or connected with industry, at least
             754      one of whom represents organized environmental interests.
             755          (3) No more than five of the appointed members shall belong to the same political party.
             756          (4) The majority of the members may not derive any significant portion of their income
             757      from persons subject to permits or orders under this chapter. Any potential conflict of interest of
             758      any member or the executive secretary, relevant to the interests of the board, shall be adequately
             759      disclosed.
             760          (5) Members serving on the Air Conservation Committee created by Chapter 126, Laws
             761      of Utah 1981, as amended, shall serve as members of the board throughout the terms for which
             762      they were appointed.
             763          (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of
             764      four years.
             765          (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
             766      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             767      members are staggered so that approximately half of the board is appointed every two years.
             768          (7) Members may serve more than one term.
             769          (8) Members shall hold office until the expiration of their terms and until their successors
             770      are appointed, but not more than 90 days after the expiration of their terms.
             771          (9) When a vacancy occurs in the membership for any reason, the replacement shall be


             772      appointed for the unexpired term.
             773          (10) The board shall elect annually a chair and a vice chair from its members.
             774          (11) (a) The board shall meet at least quarterly, and special meetings may be called by the
             775      chair upon his own initiative, upon the request of the executive secretary, or upon the request of
             776      three members of the board.
             777          (b) Three days' notice shall be given to each member of the board prior to any meeting.
             778          (12) Six members constitute a quorum at any meeting, and the action of a majority of
             779      members present is the action of the board.
             780          (13) (a) (i) Members who are not government employees shall receive no compensation
             781      or benefits for their services, but may receive per diem and expenses incurred in the performance
             782      of the member's official duties at the rates established by the Division of Finance under Sections
             783      63A-3-106 and 63A-3-107 .
             784          (ii) Members may decline to receive per diem and expenses for their service.
             785          (b) (i) State government officer and employee members who do not receive salary, per
             786      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             787      in the performance of their official duties from the board at the rates established by the Division
             788      of Finance under Sections 63A-3-106 and 63A-3-107 .
             789          (ii) State government officer and employee members may decline to receive per diem and
             790      expenses for their service.
             791          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             792      the entity that they represent for their service may receive per diem and expenses incurred in the
             793      performance of their official duties at the rates established by the Division of Finance under
             794      Sections 63A-3-106 and 63A-3-107 .
             795          (ii) Local government members may decline to receive per diem and expenses for their
             796      service.
             797          Section 22. Section 19-3-103 is amended to read:
             798           19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per
             799      diem and expenses.
             800          (1) The board created under Section 19-1-106 comprises 11 members, one of whom shall
             801      be the executive director, or his designee, and the remainder of whom shall be appointed by the
             802      governor[,] with the [advice and] consent of the Senate.


             803          (2) No more than five appointed members shall be from the same political party.
             804          (3) The appointed members shall be knowledgeable about radiation protection and shall
             805      be as follows:
             806          (a) one physician;
             807          (b) one dentist;
             808          (c) one health physicist or other professional employed in the field of radiation safety;
             809          (d) two representatives of regulated industry, at least one of whom represents the
             810      radioactive waste management industry;
             811          (e) one registrant or licensee representative from academia;
             812          (f) one representative of a local health department;
             813          (g) one elected county official; and
             814          (h) two members of the general public, at least one of whom represents organized
             815      environmental interests.
             816          (4) (a) Except as required by Subsection (4)(b), as terms of current board members expire,
             817      the governor shall appoint each new member or reappointed member to a four-year term.
             818          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             819      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             820      members are staggered so that approximately half of the board is appointed every two years.
             821          (5) Each board member is eligible for reappointment to more than one term.
             822          (6) Each board member shall continue in office until the expiration of his term and until
             823      a successor is appointed, but not more than 90 days after the expiration of his term.
             824          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             825      appointed for the unexpired term by the governor, after considering recommendations by the
             826      department and with the consent of the Senate.
             827          (8) The board shall annually elect a chair and vice chair from its members.
             828          (9) The board shall meet at least quarterly. Other meetings may be called by the chair, by
             829      the executive secretary, or upon the request of three members of the board.
             830          (10) Reasonable notice shall be given each member of the board prior to any meeting.
             831          (11) Six members constitute a quorum. The action of a majority of the members present
             832      is the action of the board.
             833          (12) (a) (i) Members who are not government employees shall receive no compensation


             834      or benefits for their services, but may receive per diem and expenses incurred in the performance
             835      of the member's official duties at the rates established by the Division of Finance under Sections
             836      63A-3-106 and 63A-3-107 .
             837          (ii) Members may decline to receive per diem and expenses for their service.
             838          (b) (i) State government officer and employee members who do not receive salary, per
             839      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             840      in the performance of their official duties from the board at the rates established by the Division
             841      of Finance under Sections 63A-3-106 and 63A-3-107 .
             842          (ii) State government officer and employee members may decline to receive per diem and
             843      expenses for their service.
             844          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             845      the entity that they represent for their service may receive per diem and expenses incurred in the
             846      performance of their official duties at the rates established by the Division of Finance under
             847      Sections 63A-3-106 and 63A-3-107 .
             848          (ii) Local government members may decline to receive per diem and expenses for their
             849      service.
             850          Section 23. Section 19-4-103 is amended to read:
             851           19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per diem
             852      and expenses.
             853          (1) The board created under Section 19-1-106 comprises 11 members, one of whom is the
             854      executive director and the remainder of whom shall be appointed by the governor[,] with the
             855      [advice and] consent of the Senate.
             856          (2) No more than five appointed members shall be from the same political party.
             857          (3) The appointed members shall be knowledgeable about drinking water and public water
             858      systems and shall represent different geographical areas within the state insofar as practicable.
             859          (4) The ten appointed members shall be appointed from the following areas:
             860          (a) two elected officials of municipal government or their representatives involved in
             861      management or operation of public water systems;
             862          (b) two representatives of improvement districts, water conservancy districts, or
             863      metropolitan water districts;
             864          (c) one representative from an industry which manages or operates a public water system;


             865          (d) one registered professional engineer with expertise in civil or sanitary engineering;
             866          (e) one representative from the state water research community or from an institution of
             867      higher education which has comparable expertise in water research;
             868          (f) two representatives of the public who do not represent other interests named in this
             869      section and who do not receive, and have not received during the past two years, a significant
             870      portion of their income, directly or indirectly, from suppliers; and
             871          (g) one representative from a local health department.
             872          (5) (a) Members of the Utah Safe Drinking Water Committee created by Chapter 126,
             873      Laws of Utah 1981, shall serve as members of the board throughout the terms for which they were
             874      appointed.
             875          (b) Except as required by Subsection (5)(c), as terms of current board members expire, the
             876      governor shall appoint each new member or reappointed member to a four-year term.
             877          (c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the time
             878      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             879      members are staggered so that approximately half of the board is appointed every two years.
             880          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             881      appointed for the unexpired term.
             882          (7) Each member holds office until the expiration of the member's term, and until a
             883      successor is appointed, but not for more than 90 days after the expiration of the term.
             884          (8) The board shall elect annually a chair and a vice chair from its members.
             885          (9) (a) The board shall meet at least quarterly.
             886          (b) Special meetings may be called by the chair upon his own initiative, upon the request
             887      of the executive secretary, or upon the request of three members of the board.
             888          (c) Reasonable notice shall be given each member of the board prior to any meeting.
             889          (10) Six members constitute a quorum at any meeting and the action of the majority of the
             890      members present is the action of the board.
             891          (11) (a) (i) Members who are not government employees shall receive no compensation
             892      or benefits for their services, but may receive per diem and expenses incurred in the performance
             893      of the member's official duties at the rates established by the Division of Finance under Sections
             894      63A-3-106 and 63A-3-107 .
             895          (ii) Members may decline to receive per diem and expenses for their service.


             896          (b) (i) State government officer and employee members who do not receive salary, per
             897      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             898      in the performance of their official duties from the board at the rates established by the Division
             899      of Finance under Sections 63A-3-106 and 63A-3-107 .
             900          (ii) State government officer and employee members may decline to receive per diem and
             901      expenses for their service.
             902          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             903      the entity that they represent for their service may receive per diem and expenses incurred in the
             904      performance of their official duties at the rates established by the Division of Finance under
             905      Sections 63A-3-106 and 63A-3-107 .
             906          (ii) Local government members may decline to receive per diem and expenses for their
             907      service.
             908          Section 24. Section 19-5-103 is amended to read:
             909           19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
             910      Organization -- Meetings -- Per diem and expenses.
             911          (1) Committee members currently serving on the Water Pollution Control Committee
             912      created under Chapter 126, Laws of Utah 1981, shall serve on the board throughout the terms for
             913      which they were appointed.
             914          (2) The board comprises the executive director and ten members appointed by the
             915      governor[,] with the [advice and] consent of the Senate.
             916          (3) No more than five of the appointed members may be from the same political party.
             917          (4) The appointed members, insofar as practicable, shall include the following:
             918          (a) one member representing the mineral industries;
             919          (b) one member representing the food processing industries;
             920          (c) one member representing other manufacturing industries;
             921          (d) two members who are officials of municipal government or their representatives
             922      involved in the management or operation of wastewater treatment facilities;
             923          (e) one member representing agricultural and livestock interests;
             924          (f) one member representing fish, wildlife, and recreation interests;
             925          (g) one member representing improvement and service districts; and
             926          (h) two members at large, one of whom represents organized environmental interests,


             927      selected with due consideration of the areas of the state affected by water pollution and not
             928      representing other interests named in this Subsection (4).
             929          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             930      appointed for the unexpired term with the [advice and] consent of the Senate.
             931          (6) (a) Except as required by Subsection (6)(b), members shall be appointed for terms of
             932      four years and are eligible for reappointment.
             933          (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
             934      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             935      members are staggered so that approximately half of the board is appointed every two years.
             936          (7) Members shall hold office until the expiration of their terms and until their successors
             937      are appointed, not to exceed 90 days after the formal expiration of their terms.
             938          (8) The board shall:
             939          (a) organize and annually select one of its members as chair and one of its members as vice
             940      chair;
             941          (b) hold at least four regular meetings each calendar year; and
             942          (c) keep minutes of its proceedings which shall be open to the public for inspection.
             943          (9) Special meetings may be called by the chair and must be called by him upon the
             944      request of three or more members of the board.
             945          (10) Each member of the board and the executive secretary shall be notified of the time
             946      and place of each meeting.
             947          (11) Six members of the board constitute a quorum for the transaction of business, and the
             948      action of a majority of members present is the action of the board.
             949          (12) (a) Members shall receive no compensation or benefits for their services, but may
             950      receive per diem and expenses incurred in the performance of the member's official duties at the
             951      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             952          (b) Members may decline to receive per diem and expenses for their service.
             953          (c) Local government members who do not receive salary, per diem, or expenses from the
             954      entity that they represent for their service may receive per diem and expenses incurred in the
             955      performance of their official duties at the rates established by the Division of Finance under
             956      Sections 63A-3-106 and 63A-3-107 .
             957          (d) Local government members may decline to receive per diem and expenses for their


             958      service.
             959          Section 25. Section 19-6-103 is amended to read:
             960           19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
             961      Organization -- Meetings -- Per diem and expenses.
             962          (1) The Solid and Hazardous Waste Control Board created by Section 19-1-106 comprises
             963      the executive director and 12 members appointed by the governor with the [advice and] consent
             964      of the Senate.
             965          (2) The appointed members shall be knowledgeable about solid and hazardous waste
             966      matters and consist of:
             967          (a) one representative of municipal government;
             968          (b) one representative of county government;
             969          (c) one representative of the manufacturing or fuel industry;
             970          (d) one representative of the mining industry;
             971          (e) one representative of the private solid waste disposal or solid waste recovery industry;
             972          (f) one registered professional engineer;
             973          (g) one representative of a local health department;
             974          (h) one representative of the hazardous waste disposal industry; and
             975          (i) four representatives of the public, at least one of whom is a representative of organized
             976      environmental interests.
             977          (3) Not more than six of the appointed members may be from the same political party.
             978          (4) (a) Except as required by Subsection (4)(b), members shall be appointed for terms of
             979      four years each.
             980          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             981      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             982      members are staggered so that approximately half of the board is appointed every two years.
             983          (5) Each member is eligible for reappointment.
             984          (6) Board members shall continue in office until the expiration of their terms and until
             985      their successors are appointed, but not more than 90 days after the expiration of their terms.
             986          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             987      appointed for the unexpired term by the governor, after considering recommendations of the board
             988      and with the consent of the Senate.


             989          (8) The board shall elect a chair and vice chair on or before April 1 of each year from its
             990      membership.
             991          (9) (a) (i) Members who are not government employees shall receive no compensation or
             992      benefits for their services, but may receive per diem and expenses incurred in the performance of
             993      the member's official duties at the rates established by the Division of Finance under Sections
             994      63A-3-106 and 63A-3-107 .
             995          (ii) Members may decline to receive per diem and expenses for their service.
             996          (b) (i) State government officer and employee members who do not receive salary, per
             997      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             998      in the performance of their official duties from the board at the rates established by the Division
             999      of Finance under Sections 63A-3-106 and 63A-3-107 .
             1000          (ii) State government officer and employee members may decline to receive per diem and
             1001      expenses for their service.
             1002          (c) Legislators on the committee shall receive compensation and expenses as provided by
             1003      law and legislative rule.
             1004          (10) (a) The board shall hold a meeting at least once every three months including one
             1005      meeting during each annual general session of the Legislature.
             1006          (b) Meetings shall be held on the call of the chair, the executive secretary, or any three of
             1007      the members.
             1008          (11) Seven members constitute a quorum at any meeting, and the action of the majority
             1009      of members present is the action of the board.
             1010          Section 26. Section 23-14-2 is amended to read:
             1011           23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum -- Meetings
             1012      -- Per diem and expenses.
             1013          (1) There is created a Wildlife Board which shall consist of seven members appointed by
             1014      the governor with the consent of the Senate.
             1015          (2) (a) The members of the board shall have expertise or experience in at least one of the
             1016      following areas:
             1017          (i) wildlife management or biology;
             1018          (ii) habitat management, including range or aquatic;
             1019          (iii) business, including knowledge of private land issues; and


             1020          (iv) economics, including knowledge of recreational wildlife uses.
             1021          (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at least
             1022      one member of the Wildlife Board.
             1023          (3) (a) The governor shall select each board member from a list of nominees submitted by
             1024      the nominating committee pursuant to Section 23-14-2.5 .
             1025          (b) No more than two members shall be from a single wildlife region described in
             1026      Subsection 23-14-2.6 (1).
             1027          (c) The governor may request an additional list of at least two nominees from the
             1028      nominating committee if the initial list of nominees for a given position is unacceptable.
             1029          (d) (i) If the governor fails to appoint a board member within 60 days after receipt of the
             1030      initial or additional list, the nominating committee shall make an interim appointment by majority
             1031      vote.
             1032          (ii) The interim board member shall serve until the matter is resolved by the committee
             1033      and the governor or until the board member is replaced pursuant to this chapter.
             1034          [(e) Each appointment shall be confirmed by the Senate.]
             1035          (4) (a) Except as required by Subsection (4)(b), as terms of current board members expire,
             1036      the governor shall appoint each new member or reappointed member to a six-year term.
             1037          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             1038      of appointment or reappointment, adjust the length of terms to ensure that:
             1039          (i) the terms of board members are staggered so that approximately 1/3 of the board is
             1040      appointed every two years; and
             1041          (ii) members serving from the same region have staggered terms.
             1042          (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
             1043      in Subsection 23-14-2.5 (4), to the governor and the governor shall appoint a replacement for the
             1044      unexpired term.
             1045          (d) Board members may serve only one term unless:
             1046          (i) the member is among the first board members appointed to serve four years or less; or
             1047          (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
             1048          (5) (a) The board shall elect a chair and a vice chair from its membership.
             1049          (b) Four members of the board shall constitute a quorum.
             1050          (c) The director of the Division of Wildlife Resources shall act as secretary to the board


             1051      but shall not be a voting member of the board.
             1052          (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year to
             1053      expeditiously conduct its business.
             1054          (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
             1055      emergency situations.
             1056          (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife Resources
             1057      or elsewhere as determined by the Wildlife Board.
             1058          (7) (a) (i) Members who are not government employees shall receive no compensation or
             1059      benefits for their services, but may receive per diem and expenses incurred in the performance of
             1060      the member's official duties at the rates established by the Division of Finance under Sections
             1061      63A-3-106 and 63A-3-107 .
             1062          (ii) Members may decline to receive per diem and expenses for their service.
             1063          (b) (i) State government officer and employee members who do not receive salary, per
             1064      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1065      in the performance of their official duties from the board at the rates established by the Division
             1066      of Finance under Sections 63A-3-106 and 63A-3-107 .
             1067          (ii) State government officer and employee members may decline to receive per diem and
             1068      expenses for their service.
             1069          (8) (a) The members of the Wildlife Board shall complete an orientation course to assist
             1070      them in the performance of the duties of their office.
             1071          (b) The Department of Natural Resources shall provide the course required under
             1072      Subsection (8)(a).
             1073          Section 27. Section 26-1-8 is amended to read:
             1074           26-1-8. Executive director -- Appointment -- Compensation.
             1075          The chief administrative officer of the department is the executive director who shall be
             1076      appointed by the governor with the [advice and] consent of the Senate. The executive director
             1077      shall serve at the pleasure of the governor. The governor shall establish the executive director's
             1078      salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
             1079      Compensation.
             1080          Section 28. Section 26-33a-103 is amended to read:
             1081           26-33a-103. Committee membership -- Terms -- Chair -- Compensation.


             1082          (1) The Health Data Committee created by Section 26-1-7 shall be composed of 13
             1083      members appointed by the governor [and confirmed by] with the consent of the Senate.
             1084          (2) No more than seven members of the committee may be members of the same political
             1085      party.
             1086          (3) The appointed members of the committee shall be knowledgeable regarding the health
             1087      care system and the characteristics and use of health data and shall be selected so that the
             1088      committee at all times includes individuals who provide care.
             1089          (4) The membership of the committee shall be:
             1090          (a) one person employed by or otherwise associated with a hospital as defined by Section
             1091      26-21-2 ;
             1092          (b) one physician, as defined in Section 58-67-102 , licensed to practice in this state, who
             1093      spends the majority of his time in the practice of medicine in this state;
             1094          (c) one registered nurse licensed to practice in this state under Title 58, Chapter 31b, Nurse
             1095      Practice Act;
             1096          (d) three persons employed by or otherwise associated with a business that supplies health
             1097      care insurance to its employees, at least one of whom represents an employer employing 50 or
             1098      fewer employees;
             1099          (e) one person employed by or associated with a third-party payor that is not licensed under
             1100      Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
             1101          (f) two consumer representatives from organized consumer or employee associations;
             1102          (g) one person broadly representative of the public interest;
             1103          (h) one person employed by or associated with an organization that is licensed under Title
             1104      31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
             1105          (i) two people representing public health.
             1106          (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
             1107      expire, the governor shall appoint each new member or reappointed member to a four-year term.
             1108          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
             1109      of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
             1110      members are staggered so that approximately half of the committee is appointed every two years.
             1111          (c) Members may serve after their terms expire until replaced.
             1112          (6) When a vacancy occurs in the membership for any reason, the replacement shall be


             1113      appointed for the unexpired term.
             1114          (7) Committee members shall annually elect a chair of the committee from among their
             1115      membership.
             1116          (8) The committee shall meet at least once during each calendar quarter. Meeting dates
             1117      shall be set by the chair upon ten working days notice to the other members, or upon written
             1118      request by at least four committee members with at least ten working days notice to other
             1119      committee members.
             1120          (9) Seven committee members constitute a quorum for the transaction of business. Action
             1121      may not be taken except upon the affirmative vote of a majority of a quorum of the committee.
             1122          (10) (a) (i) Members who are not government employees shall receive no compensation
             1123      or benefits for their services, but may receive per diem and expenses incurred in the performance
             1124      of the member's official duties at the rates established by the Division of Finance under Sections
             1125      63A-3-106 and 63A-3-107 .
             1126          (ii) Members may decline to receive per diem and expenses for their service.
             1127          (b) (i) State government officer and employee members who do not receive salary, per
             1128      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1129      in the performance of their official duties from the committee at the rates established by the
             1130      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1131          (ii) State government officer and employee members may decline to receive per diem and
             1132      expenses for their service.
             1133          (11) All meetings of the committee shall be open to the public, except that the committee
             1134      may hold a closed meeting if the requirements of Sections 52-4-4 and 52-4-5 are met.
             1135          Section 29. Section 31A-2-102 is amended to read:
             1136           31A-2-102. Appointment, general powers, and duties of commissioner -- Temporary
             1137      acting commissioner -- Compensation of commissioner.
             1138          (1) The chief officer of the department is the insurance commissioner, who may exercise
             1139      all powers given to, and shall perform all duties imposed on, the Insurance Department. He shall
             1140      be appointed by the governor[,] with the [advice and] consent of the Senate. If the commissioner
             1141      dies, resigns, or is removed, a successor may be appointed as specified in this subsection. If the
             1142      Legislature is not then in session, the successor may serve as acting commissioner without
             1143      [confirmation] consent until the Senate has an opportunity to [confirm or reject] consent to the


             1144      successor. The commissioner is subject to removal at the pleasure of the governor.
             1145          (2) When the office of the commissioner is vacant, or when the commissioner is unable
             1146      to perform the duties of the office, the governor [may name a temporary acting commissioner who
             1147      is then subject to all the laws applicable to the commissioner] shall fill the position as provided
             1148      in Section 67-1-1.5 .
             1149          (3) The governor shall establish the commissioner's salary within the salary range
             1150      approved by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             1151          Section 30. Section 31A-29-104 is amended to read:
             1152           31A-29-104. Creation of pool -- Board of directors -- Appointment -- Terms --
             1153      Quorum -- Plan preparation.
             1154          (1) There is created the "Utah Comprehensive Health Insurance Pool," a nonprofit entity
             1155      within the Insurance Department.
             1156          (2) The pool shall be under the direction of a board of directors composed of 11 members.
             1157          (a) The governor shall appoint the directors with the [advice and] consent of the Senate
             1158      as follows:
             1159          (i) two representatives of health insurance companies or health service organizations;
             1160          (ii) one representative of a health maintenance organization;
             1161          (iii) one physician;
             1162          (iv) one representative of hospitals;
             1163          (v) one representative of the general public who is reasonably expected to qualify for
             1164      coverage under the pool;
             1165          (vi) one parent or spouse of such an individual;
             1166          (vii) one representative of the general public; and
             1167          (viii) one representative of employers.
             1168          (b) The board shall also include:
             1169          (i) the commissioner or his designee; and
             1170          (ii) the executive director of the Department of Health or his designee.
             1171          (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
             1172      the governor shall appoint each new member or reappointed member to a four-year term.
             1173          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             1174      of appointment or reappointment, adjust the length of terms to ensure that the terms of board


             1175      members are staggered so that approximately half of the board is appointed every two years.
             1176          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1177      appointed for the unexpired term in the same manner as the original appointment was made.
             1178          (5) (a) (i) Members who are not government employees shall receive no compensation or
             1179      benefits for their services, but may receive per diem and expenses incurred in the performance of
             1180      the member's official duties at the rates established by the Division of Finance under Sections
             1181      63A-3-106 and 63A-3-107 from the Pool Fund.
             1182          (ii) Members may decline to receive per diem and expenses for their service.
             1183          (b) (i) State government officer and employee members who do not receive salary, per
             1184      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1185      in the performance of their official duties from the pool at the rates established by the Division of
             1186      Finance under Sections 63A-3-106 and 63A-3-107 .
             1187          (ii) A state government member who is a member because of their state government
             1188      position may not receive per diem or expenses for their service.
             1189          (iii) State government officer and employee members may decline to receive per diem and
             1190      expenses for their service.
             1191          (6) The board shall elect annually a chair and vice chair from its membership.
             1192          (7) Seven board members are a quorum for the transaction of business.
             1193          (8) The action of a majority of the members of the quorum is the action of the board.
             1194          (9) The board shall submit a plan of operation to the commissioner no later than January
             1195      1, 1991.
             1196          (10) The sale of policies under this chapter shall commence on July 1, 1991, or as soon
             1197      thereafter as adequate funding for the coverage is available as determined by the commissioner.
             1198          Section 31. Section 31A-33-106 is amended to read:
             1199           31A-33-106. Board of directors.
             1200          (1) There is created a board of directors of the Workers' Compensation Fund.
             1201          (2) The board shall consist of seven directors.
             1202          (3) One of the directors shall be the executive director of the Department of Administrative
             1203      Services or his designee.
             1204          (4) One of the directors shall be the chief executive officer of the fund.
             1205          (5) The governor, with the [advice and] consent of the Senate, shall appoint:


             1206          (a) three directors who are owners, officers, or employees of policyholders other than the
             1207      state that have been insured by the Workers' Compensation Fund for at least one year before their
             1208      appointment; and
             1209          (b) two directors from the public in general.
             1210          (6) No two directors may represent the same policyholder.
             1211          (7) At least four directors appointed by the governor shall have had previous experience
             1212      in investments, risk management, occupational safety, casualty insurance, or law.
             1213          (8) Any director who represents a policyholder that fails to maintain workers'
             1214      compensation insurance through the Workers' Compensation Fund shall immediately resign from
             1215      the board.
             1216          (9) A person may not be a director if he:
             1217          (a) has any interest as a stockholder, employee, attorney, or contractor of a competing
             1218      insurance carrier providing workers' compensation insurance in Utah;
             1219          (b) fails to meet or comply with the conflict of interest policies established by the board;
             1220      or
             1221          (c) is not bondable.
             1222          (10) After notice and a hearing, the governor may remove any director for neglect of duty,
             1223      inefficiency, or malfeasance.
             1224          (11) (a) Except as required by Subsection (11)(b), the term of office of the directors
             1225      appointed by the governor shall be four years, beginning July 1 of the year of appointment.
             1226          (b) Notwithstanding the requirements of Subsection (11)(a), the governor shall, at the time
             1227      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1228      members are staggered so that approximately half of the board is appointed every two years.
             1229          (12) Each director shall hold office until his successor is appointed and qualified.
             1230          (13) When a vacancy occurs in the membership for any reason, the replacement shall be
             1231      appointed for the unexpired term.
             1232          (14) The board shall annually elect a chair and other officers as needed from its
             1233      membership.
             1234          (15) The board shall meet at least quarterly at a time and place designated by the chair.
             1235          (16) The chair may call board meetings more frequently than quarterly and shall call
             1236      additional board meetings if requested to do so by a majority of the board.


             1237          (17) Four directors are a quorum for the purpose of transacting all business of the board.
             1238          (18) Each decision of the board requires the affirmative vote of at least four directors for
             1239      approval.
             1240          (19) (a) Members shall receive no compensation or benefits for their services, but may
             1241      receive per diem and expenses incurred in the performance of the member's official duties at the
             1242      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1243          (b) Members may decline to receive per diem and expenses for their service.
             1244          (20) The fund shall pay the per diem allowance and expenses from the Injury Fund upon
             1245      vouchers drawn in the same manner as the Workers' Compensation Fund pays its normal operating
             1246      expenses.
             1247          (21) The executive director of the Department of Administrative Services, or his designee,
             1248      and the chief executive officer of the Workers' Compensation Fund shall serve on the board
             1249      without a per diem allowance.
             1250          Section 32. Section 34-20-3 is amended to read:
             1251           34-20-3. Labor relations board.
             1252          (1) (a) There is created the Labor Relations Board consisting of the following:
             1253          (i) the commissioner of the Labor Commission;
             1254          (ii) two members appointed by the governor with the [advice and] consent of the Senate
             1255      consisting of:
             1256          (A) a representative of employers, in making this appointment the governor shall consider
             1257      nominations from employer organizations; and
             1258          (B) a representative of employees, in making this appointment the governor shall consider
             1259      nominations from employee organizations.
             1260          (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under
             1261      Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member
             1262      to a four-year term.
             1263          (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
             1264      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1265      members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
             1266      two years.
             1267          (c) The commissioner shall serve as chair of the board.


             1268          (d) A vacancy occurring on the board for any cause of the members appointed under
             1269      Subsection (1)(a)(ii) shall be filled by the governor with the [advice and] consent of the Senate
             1270      pursuant to this section for the unexpired term of the vacating member.
             1271          (e) The governor may at any time remove a member appointed under Subsection (1)(a)(ii)
             1272      but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon
             1273      a hearing.
             1274          (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other
             1275      office in the government of the United States, this state or any other state, or of any county
             1276      government or municipal corporation within a state.
             1277          (g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive compensation
             1278      for the member's services, but may receive per diem and expenses incurred in the performance of
             1279      the member's official duties at the rates established by the Division of Finance under Sections
             1280      63A-3-106 and 63A-3-107 .
             1281          (B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem and
             1282      expenses for the member's service.
             1283          (ii) The commissioner may not receive additional compensation, per diem, or expenses
             1284      from the commissioner's service on the board that is in addition to the monies received as
             1285      commissioner.
             1286          (2) A meeting of the board may be called:
             1287          (a) by the chair; or
             1288          (b) jointly by the members appointed under Subsection (1)(a)(ii).
             1289          (3) The chair may provide staff and administrative support as necessary from the Labor
             1290      Commission.
             1291          (4) A vacancy in the board shall not impair the right of the remaining members to exercise
             1292      all the powers of the board, and two members of the board shall at all times constitute a quorum.
             1293          (5) The board shall have an official seal which shall be judicially noticed.
             1294          Section 33. Section 34A-1-201 is amended to read:
             1295           34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
             1296      Qualifications -- Responsibilities -- Reports.
             1297          (1) (a) The chief administrative officer of the commission is the commissioner, who shall
             1298      be appointed by the governor with the [advice and] consent of the Senate.


             1299          (b) The commissioner shall serve at the pleasure of the governor.
             1300          (c) The commissioner shall receive a salary established by the governor within the salary
             1301      range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             1302          (d) The commissioner shall be experienced in administration, management, and
             1303      coordination of complex organizations.
             1304          (2) (a) The commissioner shall serve full-time.
             1305          (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
             1306          (A) hold any other office of this state, another state, or the federal government except in
             1307      an ex officio capacity; or
             1308          (B) serve on any committee of any political party.
             1309          (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
             1310          (A) hold a nominal position or title if it is required by law as a condition for the state
             1311      participating in an appropriation or allotment of any money, property, or service that may be made
             1312      or allotted for the commission; or
             1313          (B) serve as the chief administrative officer of any division, office, or bureau that is
             1314      established within the commission.
             1315          (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
             1316      commissioner may not be paid any additional compensation for holding the position.
             1317          (3) (a) Before beginning the duties as a commissioner, an appointed commissioner shall:
             1318          (i) take and subscribe the constitutional oath of office, and file the oath with the Division
             1319      of Archives; and
             1320          (ii) give a corporate surety bond in the amount in form determined by the Division of
             1321      Finance.
             1322          (b) An employee of the commission receiving or disbursing funds of the state shall give
             1323      corporate surety determined by the Division of Finance.
             1324          (c) The bond premiums for bonds required under this Subsection (3) shall be paid by the
             1325      state.
             1326          (4) The commissioner shall:
             1327          (a) administer and supervise the commission in compliance with Title 67, Chapter 19,
             1328      Utah State Personnel Management Act;
             1329          (b) approve the proposed budget of each division and the Appeals Board;


             1330          (c) approve all applications for federal grants or assistance in support of any commission
             1331      program; and
             1332          (d) fulfill such other duties as assigned by the Legislature or as assigned by the governor
             1333      that are not inconsistent with this title or Title 34, Labor in General.
             1334          (5) (a) The commissioner shall report annually to the Legislature and the governor
             1335      concerning the operations of the commission and the programs that the commission administers.
             1336          (b) If federal law requires that a report to the governor or Legislature be given concerning
             1337      the commission or a program administered by the commission, the commissioner or the
             1338      commissioner's designee shall make that report.
             1339          Section 34. Section 34A-1-205 is amended to read:
             1340           34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
             1341      Qualifications.
             1342          (1) There is created the Appeals Board within the commission consisting of three
             1343      members. The board may call and preside at adjudicative proceedings to review an order or
             1344      decision that is subject to review by the Appeals Board under this title.
             1345          (2) (a) The governor shall appoint the members with the [advice and] consent of the Senate
             1346      and in accordance with this section.
             1347          (b) One member of the board shall be appointed to represent employers, in making this
             1348      appointment, the governor shall consider nominations from employer organizations.
             1349          (c) One member of the board shall be appointed to represent employees, in making this
             1350      appointment, the governor shall consider nominations from employee organizations.
             1351          (d) No more than two members may belong to the same political party.
             1352          (3) (a) The term of a member shall be six years beginning on March 1 of the year the
             1353      member is appointed, except that the governor shall, at the time of appointment or reappointment,
             1354      adjust the length of terms to ensure that the terms of members are staggered so that one member
             1355      is appointed every two years.
             1356          (b) The governor may remove a member only for inefficiency, neglect of duty, malfeasance
             1357      or misfeasance in office, or other good and sufficient cause.
             1358          (c) A member shall hold office until a successor is appointed and has qualified.
             1359          (4) A member shall be part-time and receive compensation as provided by Title 67,
             1360      Chapter 19, State Personnel Management Act.


             1361          (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
             1362      and administrative head of the board.
             1363          (b) The governor shall appoint and may remove at will the chair from the position of chair.
             1364          (6) A majority of the board shall constitute a quorum to transact business.
             1365          (7)(a) The commission shall provide the Appeals Board necessary staff support, except
             1366      as provided in Subsection (7)(b).
             1367          (b) At the request of the Appeals Board, the attorney general shall act as an impartial aid
             1368      to the Appeals Board in outlining the facts and the issues.
             1369          Section 35. Section 35A-1-201 is amended to read:
             1370           35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
             1371      Qualifications -- Responsibilities -- Deputy directors -- Reports.
             1372          (1) (a) The chief administrative officer of the department is the executive director, who
             1373      shall be appointed by the governor with the [advice and] consent of the Senate.
             1374          (b) The executive director serves at the pleasure of the governor.
             1375          (c) The executive director shall receive a salary established by the governor within the
             1376      salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             1377          (d) The executive director shall be experienced in administration, management, and
             1378      coordination of complex organizations.
             1379          (2) The executive director shall:
             1380          (a) administer and supervise the department in compliance with Title 67, Chapter 19, Utah
             1381      State Personnel Management Act;
             1382          (b) supervise and coordinate between the regional workforce services areas and regional
             1383      directors created under Chapter 2, Regional Workforce Services Areas;
             1384          (c) coordinate policies and program activities conducted through the divisions and regional
             1385      workforce services areas of the department;
             1386          (d) approve the proposed budget of each division, the Workforce Appeals Board, and each
             1387      regional workforce services area within the department;
             1388          (e) approve all applications for federal grants or assistance in support of any department
             1389      program; and
             1390          (f) fulfill such other duties as assigned by the Legislature or as assigned by the governor
             1391      that are not inconsistent with this title.


             1392          (3) The executive director may appoint deputy or assistant directors to assist the executive
             1393      director in carrying out the department's responsibilities.
             1394          (4) (a) The executive director shall report annually to the Legislature and the governor
             1395      concerning the operations of the department and the programs that the department administers.
             1396          (b) If federal law requires that a report to the governor or Legislature be given concerning
             1397      the department or a program administered by the department, the executive director or the
             1398      executive director's designee shall make that report.
             1399          (5) The executive director shall at least annually provide for the sharing of information
             1400      between the advisory councils established under this title.
             1401          Section 36. Section 40-6-4 is amended to read:
             1402           40-6-4. Board of Oil, Gas and Mining created -- Functions -- Appointment of
             1403      members -- Terms -- Chair -- Quorum -- Expenses.
             1404          (1) There is created within the Department of Natural Resources the Board of Oil, Gas and
             1405      Mining. The board shall be the policy making body for the Division of Oil, Gas and Mining.
             1406          (2) The board shall consist of seven members appointed by the governor[,] with the
             1407      [advice and] consent of the Senate. No more than four members shall be from the same political
             1408      party. The members shall have the following qualifications:
             1409          (a) two members knowledgeable in mining matters;
             1410          (b) two members knowledgeable in oil and gas matters;
             1411          (c) one member knowledgeable in ecological and environmental matters;
             1412          (d) one member who is a private land owner, owns a mineral or royalty interest and is
             1413      knowledgeable in those interests; and
             1414          (e) one member who is knowledgeable in geological matters.
             1415          (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
             1416      the governor shall appoint each new member or reappointed member to a four-year term.
             1417          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             1418      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1419      members are staggered so that approximately half of the board is appointed every two years.
             1420          (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
             1421      be appointed for the unexpired term by the governor[,] with the [advice and] consent of the Senate.
             1422          (b) The person appointed shall have the same qualifications as his predecessor.


             1423          (5) The board shall appoint its chair from the membership. Four members of the board
             1424      shall constitute a quorum for the transaction of business and the holding of hearings.
             1425          (6) (a) (i) Members who are not government employees shall receive no compensation or
             1426      benefits for their services, but may receive per diem and expenses incurred in the performance of
             1427      the member's official duties at the rates established by the Division of Finance under Sections
             1428      63A-3-106 and 63A-3-107 .
             1429          (ii) Members may decline to receive per diem and expenses for their service.
             1430          (b) (i) State government officer and employee members who do not receive salary, per
             1431      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1432      in the performance of their official duties from the board at the rates established by the Division
             1433      of Finance under Sections 63A-3-106 and 63A-3-107 .
             1434          (ii) State government officer and employee members may decline to receive per diem and
             1435      expenses for their service.
             1436          Section 37. Section 49-1-202 is amended to read:
             1437           49-1-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
             1438      Officers -- Expenses and per diem -- Membership Council established.
             1439          (1) There is established the Utah State Retirement Board composed of seven members
             1440      determined as follows:
             1441          (a) Four members, with experience in investments or banking, shall be appointed by the
             1442      governor from the general public.
             1443          (b) One member shall be a school employee appointed by the governor from at least three
             1444      nominations submitted by the governing board of a school employees' association representative
             1445      of a majority of the school employees who are members of the school employees' retirement
             1446      system.
             1447          (c) One member shall be a public employee appointed by the governor from at least three
             1448      nominations submitted by the governing board of a public employee association representative of
             1449      a majority of the public employees who are members of the public employees' retirement system.
             1450          (d) One member shall be the state treasurer, who shall serve as an ex officio member with
             1451      full voting privileges.
             1452          (2) Four members constitute a quorum for the purpose of doing all business.
             1453          (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the


             1454      [advice and] consent of the Senate.
             1455          (b) Members shall serve until their successors are appointed and take the constitutional
             1456      oath of office.
             1457          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             1458      appointed for the unexpired term.
             1459          (d) Members appointed to the board between sessions of the Legislature shall serve with
             1460      full authority until acted upon by the Senate in session.
             1461          (4) (a) Except as required by Subsection (4)(b), all appointed members shall serve for
             1462      four-year terms.
             1463          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
             1464      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1465      members are staggered so that approximately half of the board is appointed every two years.
             1466          (c) Public employees or educators who retire or otherwise terminate their employment with
             1467      a covered unit shall immediately resign from the board.
             1468          (5) Each year the board shall elect a president and vice president from its membership.
             1469      Each member shall be reimbursed for expenses incurred in service to the board. Each member
             1470      shall receive a per diem plus travel expenses provided by law for attending board meetings.
             1471          (6) The board shall establish a membership council to advise and counsel with the board
             1472      and the director on policies affecting members of the various systems administered by the
             1473      retirement office. The board may pay the travel expenses of members who attend council
             1474      meetings.
             1475          (7) Beginning July 1, 1991, the membership council shall be composed of 13 members
             1476      selected as follows:
             1477          (a) Three members shall be school employees selected by the governing board of an
             1478      association representative of a majority of school employees who are members of the Public
             1479      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             1480          (b) One member shall be a classified school employee selected by the governing board of
             1481      an association representative of a majority of classified school employees who are members of the
             1482      Public Employees' Retirement System or the Public Employees' Noncontributory Retirement
             1483      System.
             1484          (c) Two members shall be public employees selected by the governing board of an


             1485      association representative of a majority of the public employees who are members of the Public
             1486      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             1487          (d) One member shall be a city or town officer or employee selected by the governing
             1488      board of an association representative of the cities and towns who are members of the Public
             1489      Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
             1490          (e) One member shall be a county officer or employee selected by the governing board of
             1491      an association representative of counties who are members of the Public Employees' Retirement
             1492      System or the Public Employees' Noncontributory Retirement System.
             1493          (f) One member shall be a representative of members of the Judges' Retirement System
             1494      selected by the Judicial Council.
             1495          (g) One member shall be a representative of members of the Public Safety Retirement
             1496      System selected by the governing board of an association representative of the majority of peace
             1497      officers who are members of the Public Safety Retirement System.
             1498          (h) One member shall be a representative of members of the Firefighters' Retirement
             1499      System selected by the governing board of an association representative of the majority of paid
             1500      professional firefighters who are members of the Firefighters' Retirement System.
             1501          (i) One member shall be a retired member selected by the Utah Association of Retired
             1502      Public Employees.
             1503          (j) One member shall be a retired member selected by the Utah Retired School Employees'
             1504      Association.
             1505          (8) (a) Members shall be appointed as provided for in Subsection (7).
             1506          (b) Except as required by Subsection (8)(c), as terms of current council members expire,
             1507      the board shall appoint each new member or reappointed member to a four-year term.
             1508          (c) Notwithstanding the requirements of Subsection (8)(b), the board shall, at the time of
             1509      appointment or reappointment, adjust the length of terms to ensure that the terms of council
             1510      members are staggered so that approximately half of the council is appointed every two years.
             1511          (d) Each term expires on June 30 in the year of expiration.
             1512          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             1513      appointed for the unexpired term.
             1514          (9) The council shall designate one council member as chair annually.
             1515          (10) The council shall:


             1516          (a) recommend benefits and policies for members of any system administered by the board
             1517      to the board and to the Legislature;
             1518          (b) recommend procedures and practices to improve the administration of the system and
             1519      the public employee relations responsibilities of the board and office;
             1520          (c) examine the record of all decisions affecting retirement benefits;
             1521          (d) submit nominations to the board for the position of executive director if that position
             1522      is vacant; and
             1523          (e) act upon all other duties assigned to it by the board.
             1524          Section 38. Section 51-7-16 is amended to read:
             1525           51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
             1526      Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure of
             1527      interests -- Per diem and expenses.
             1528          (1) (a) There is created a State Money Management Council composed of five members
             1529      appointed by the governor after consultation with the state treasurer and with the [advice and]
             1530      consent of the Senate.
             1531          (b) The members of the council shall be qualified by training and experience in the field
             1532      of investment or finance as follows:
             1533          (i) at least one member, but not more than two members, shall be experienced in the
             1534      banking business;
             1535          (ii) at least one member, but not more than two members, shall be an elected treasurer;
             1536          (iii) at least one member, but not more than two members, shall be an appointed public
             1537      treasurer; and
             1538          (iv) two members, but not more than two members, shall be experienced in the field of
             1539      investment.
             1540          (c) No more than three members of the council may be from the same political party.
             1541          (2) (a) Except as required by Subsection (2)(b), the council members shall be appointed for
             1542      terms of four years.
             1543          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             1544      of appointment or reappointment, adjust the length of terms to ensure that the terms of council
             1545      members are staggered so that approximately half of the council is appointed every two years.
             1546          (c) When a vacancy occurs in the membership for any reason, the replacement shall be


             1547      appointed for the unexpired term.
             1548          (d) All members shall serve until their successors are appointed and qualified.
             1549          (3) (a) The council members shall elect a chair and vice chair.
             1550          (b) The state treasurer shall serve as executive secretary of the council without vote.
             1551          (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by the
             1552      council and at other times at the call of the chair, the state treasurer, or any two members of the
             1553      council.
             1554          (b) Three members are a quorum for the transaction of business.
             1555          (c) Actions of the council require a vote of a majority of those present.
             1556          (d) All meetings of the council and records of its proceedings are open for inspection by
             1557      the public at the state treasurer's office during regular business hours except for:
             1558          (i) reports of the commissioner of financial institutions concerning the identity, liquidity,
             1559      or financial condition of qualified depositories and the amount of public funds each is eligible to
             1560      hold; and
             1561          (ii) reports of the director concerning the identity, liquidity, or financial condition of
             1562      certified dealers.
             1563          (5) (a) Each member of the council shall file a sworn or written statement with the
             1564      lieutenant governor that discloses any position or employment or ownership interest that he has
             1565      in any financial institution or investment organization.
             1566          (b) Each member shall file the statement required by this [subsection] Subsection (5) when
             1567      he becomes a member of the council and when substantial changes in his position, employment,
             1568      or ownership interests occur.
             1569          (6) (a) (i) Members who are not government employees shall receive no compensation or
             1570      benefits for their services, but may receive per diem and expenses incurred in the performance of
             1571      the member's official duties at the rates established by the Division of Finance under Sections
             1572      63A-3-106 and 63A-3-107 .
             1573          (ii) Members may decline to receive per diem and expenses for their service.
             1574          (b) (i) State government officer and employee members who do not receive salary, per
             1575      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1576      in the performance of their official duties from the council at the rates established by the Division
             1577      of Finance under Sections 63A-3-106 and 63A-3-107 .


             1578          (ii) State government officer and employee members may decline to receive per diem and
             1579      expenses for their service.
             1580          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             1581      the entity that they represent for their service may receive per diem and expenses incurred in the
             1582      performance of their official duties at the rates established by the Division of Finance under
             1583      Sections 63A-3-106 and 63A-3-107 .
             1584          (ii) Local government members may decline to receive per diem and expenses for their
             1585      service.
             1586          Section 39. Section 53-1-107 is amended to read:
             1587           53-1-107. Commissioner of public safety -- Appointment -- Qualifications -- Salary.
             1588          (1) The chief executive officer of the department is the commissioner.
             1589          (2) (a) Every fourth year after the year 1989, the governor shall appoint a commissioner
             1590      with the [advice and] consent of the Senate.
             1591          (b) The commissioner shall serve for a period of four years from July 1 of the year of his
             1592      appointment.
             1593          (3) The commissioner shall:
             1594          (a) be an individual of recognized executive and administrative capacity;
             1595          (b) be selected solely with regard to his qualifications and fitness to discharge the duties
             1596      of the commissioner's office;
             1597          (c) be of high moral character;
             1598          (d) be of good standing in the community in which he lives; and
             1599          (e) have been a resident of this state for a period of at least five years immediately prior
             1600      to his appointment.
             1601          (4) The commissioner shall devote full time to the duties of the office.
             1602          (5) The governor shall establish the commissioner's salary within the salary range fixed
             1603      by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             1604          Section 40. Section 53-2-108 is amended to read:
             1605           53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.
             1606          (1) There is created the Search and Rescue Advisory Board consisting of seven members
             1607      appointed as follows:
             1608          (a) two representatives designated by the Utah Search and Rescue Association, one of


             1609      whom is from a county with a population of 75,000 or more; and one from a county having a
             1610      population of less than 75,000;
             1611          (b) three representatives designated by the Utah Sheriff's Association, at least one of
             1612      whom shall be a member of a voluntary search and rescue unit operating in the state, at least one
             1613      of whom shall be from a county having a population of 75,000 or more, and at least one of whom
             1614      shall be from a county having a population of less than 75,000;
             1615          (c) one representative of the Division of Comprehensive Emergency Management
             1616      designated by the director; and
             1617          (d) one private citizen appointed by the governor with the [advice and] consent of the
             1618      Senate.
             1619          (2) (a) The term of each member of the board is four years.
             1620          (b) A member may be reappointed to one successive term.
             1621          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             1622      appointed for the unexpired term.
             1623          (d) A member resigning from the board shall serve until a successor is appointed and
             1624      qualified.
             1625          (3) Members who are not government employees shall receive no compensation or benefits
             1626      for their services, but may receive per diem and travel expenses incurred in the performance of the
             1627      member's official duties at the rates established by the Division of Finance under Sections
             1628      63A-3-106 and 63A-3-107 .
             1629          Section 41. Section 53B-1-104 is amended to read:
             1630           53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
             1631      Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
             1632          (1) (a) The board shall consist of 18 residents of the state.
             1633          (b) (i) Fifteen members shall be appointed by the governor with the consent of the Senate.
             1634          (ii) (A) One additional member shall be appointed by the governor from nominations of
             1635      the student body presidents council.
             1636          (B) The council shall nominate three qualified, matriculated students enrolled in the state
             1637      institutions of higher education.
             1638          (C) Student body presidents are not eligible for nomination.
             1639          (iii) Other than the student appointee, not more than eight members appointed by the


             1640      governor shall, at any time, be from one political party.
             1641          (iv) In making appointments to the board, the governor shall select:
             1642          (A) individuals from the state at large with due consideration for geographical
             1643      representation; and
             1644          (B) at least three individuals with personal experience in applied technology education,
             1645      which could include service on a regional applied technology college regional board.
             1646          (c) (i) In addition to the members designated under Subsection (1)(b), two members of the
             1647      State Board of Education, appointed by the chair of the State Board of Education, shall serve as
             1648      nonvoting members of the board.
             1649          (ii) A nonvoting member shall continue to serve as a member without a set term until the
             1650      member is replaced by the chair of the State Board of Education.
             1651          (2) (a) Five members of the board, other than the student member and the State Board of
             1652      Education members, shall be appointed during each odd-numbered year to six-year staggered terms
             1653      which commence on July 1 of the year of appointment.
             1654          (b) (i) The student member shall be appointed for a one-year term and may be reappointed
             1655      for one additional term.
             1656          (ii) The student member has full voting rights and may vote on selection of a board chair
             1657      or vice chair, but not serve in either office.
             1658          (c) Board members shall hold office until their successors have been appointed and
             1659      qualified.
             1660          (3) (a) Each member of the board shall take the official oath of office before entering upon
             1661      the duties of office.
             1662          (b) The oath shall be filed with the Division of Archives and Records Services.
             1663          (4) The board shall elect a chair and vice chair from its members who shall serve terms
             1664      of two years and until their successors are chosen and qualified.
             1665          (5) (a) The board shall appoint a secretary from the staff of its chief executive to serve at
             1666      its discretion.
             1667          (b) The secretary shall be a full-time employee who receives a salary set by the board.
             1668          (c) The secretary shall record and maintain a record of all board meetings and perform
             1669      other duties as the board directs.
             1670          (6) The board shall appoint a treasurer who serves at the discretion of the board.


             1671          (7) (a) The board may establish advisory committees.
             1672          (b) The powers and authority of the board are nondelegable, except as specifically
             1673      provided for in this title.
             1674          (c) All matters requiring board determination shall be addressed in a properly convened
             1675      meeting of the board or its executive committee.
             1676          (8) The board shall enact bylaws for its own government not inconsistent with the
             1677      constitution or the laws of this state.
             1678          (9) (a) The board shall meet regularly upon its own determination.
             1679          (b) The board may also meet, in full or executive session, at the request of its chair, its
             1680      executive officer, or five members of the board.
             1681          (10) A quorum of the voting members of the board is required to conduct its business and
             1682      consists of nine members.
             1683          (11) (a) A vacancy in the board occurring before the expiration of a voting member's full
             1684      term shall be immediately filled by appointment by the governor with the consent of the Senate.
             1685          (b) The appointee serves for the remainder of the unexpired term[, subject to confirmation
             1686      by the Senate at its next session].
             1687          (12) (a) Each member of the board shall receive a per diem as provided by law as
             1688      compensation for services for attending meetings of the board.
             1689          (b) Each member shall also be paid actual expenses incurred for attending meetings of the
             1690      board or its committees or for attending to any business of the institutions under the direction of
             1691      the board or authority of the board or its committees.
             1692          Section 42. Section 53C-1-202 is amended to read:
             1693           53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
             1694      Terms -- Replacement -- Chair -- Quorum.
             1695          (1) There is established the School and Institutional Trust Lands Board of Trustees.
             1696          (2) The board shall consist of seven members appointed on a nonpartisan basis by the
             1697      governor with the [advice and] consent of the Senate for nonconsecutive six-year terms.
             1698          (3) (a) Of the initial appointments to the board, the governor shall appoint one member to
             1699      serve a six-year term, one member to serve a five-year term, one member to serve a four-year term,
             1700      one member to serve a three-year term, one member to serve a two-year term, and one member to
             1701      serve a one-year term.


             1702          (b) All subsequent appointments shall be for a term of six years, except if a vacancy
             1703      occurs, the governor shall appoint a replacement, following the procedures set forth in Subsections
             1704      (2), (4), (5), and (6), to fill the unexpired term.
             1705          (c) Any member of the board who has served less than six years upon the expiration of that
             1706      member's term is eligible for a consecutive reappointment.
             1707          (d) Neither the term provision in Subsection (2) nor Subsection (3) applies to an
             1708      appointment made under Subsection (5).
             1709          (4) (a) The governor shall select six of the seven appointees to the board from a
             1710      nomination list of at least two candidates for each position or vacancy submitted pursuant to
             1711      Section 53C-1-203 .
             1712          (b) The governor may request an additional nomination list of at least two candidates from
             1713      the nominating committee if the initial list of candidates for a given position is unacceptable.
             1714          (c) (i) If the governor fails to select an appointee within 60 days after receipt of the initial
             1715      list or within 60 days after the receipt of an additional list, the nominating committee shall make
             1716      an interim appointment by majority vote.
             1717          (ii) The interim appointee shall serve until the matter is resolved by the committee and the
             1718      governor or until replaced pursuant to this chapter.
             1719          (5) (a) The governor may appoint one member without requiring a nomination list.
             1720          (b) The member appointed under Subsection (5)(a) serves at the pleasure of the governor.
             1721          (6) (a) Each board candidate shall possess outstanding professional qualifications pertinent
             1722      to the purposes and activities of the trust.
             1723          (b) The board shall represent the following areas of expertise:
             1724          (i) nonrenewable resource management or development;
             1725          (ii) renewable resource management or development; and
             1726          (iii) real estate.
             1727          (c) Other qualifications which are pertinent for membership to the board are expertise in
             1728      any of the following areas:
             1729          (i) business;
             1730          (ii) investment banking;
             1731          (iii) finance;
             1732          (iv) trust administration;


             1733          (v) asset management; and
             1734          (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
             1735      through (v).
             1736          (7) The board of trustees shall select a chair from its membership.
             1737          (8) Before assuming a position on the board, each member shall take an oath of office.
             1738          (9) Four members of the board constitute a quorum for the transaction of business.
             1739          (10) The governor or five board members may, for cause, remove a member of the board.
             1740          (11) An aggrieved party to a final action by the board may obtain judicial review of that
             1741      action under Section 63-46b-16 .
             1742          Section 43. Section 54-1-1.5 is amended to read:
             1743           54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
             1744      Quorum -- Removal -- Vacancies -- Compensation.
             1745          The commission shall be composed of three members appointed by the governor with the
             1746      [advice and] consent of the Senate. The terms of the members shall be staggered so that one
             1747      commissioner is appointed for a term of six years on March 1 of each odd-numbered year. Not
             1748      more than two members of the commission shall belong to the same political party. One member
             1749      of the commission shall be designated by the governor as chairman of the commission. Any two
             1750      commissioners constitute a quorum. Any member of the commission may be removed for cause
             1751      by the governor. Vacancies in the commission shall be filled for unexpired terms by appointment
             1752      of the governor. Commissioners shall receive compensation as established by the governor within
             1753      the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, and
             1754      all actual and necessary expenses incurred in attending to official business. Each commissioner
             1755      at the time of appointment and qualification shall be a resident citizen of the United States and of
             1756      the state of Utah and shall be not less than 30 years of age. Except as provided by law, no
             1757      commissioner may hold any other office either under the government of the United States or of this
             1758      state or of any municipal corporation within this state.
             1759          Section 44. Section 54-1-1.6 is amended to read:
             1760           54-1-1.6. Pro tempore commissioner -- Appointment -- Qualifications.
             1761          [In the event] (1) If a commissioner is temporarily disabled or is disqualified from sitting
             1762      as a commissioner, the governor may appoint a commissioner pro tempore according to the
             1763      procedures and requirements of Section 67-1-1.5 .


             1764          (2) Any person appointed as a commissioner pro tempore shall possess the qualifications
             1765      required for public service commissioners in Section 54-1-1.5 and have previous utility regulatory
             1766      experience or other comparable professional experience. [Senate confirmation is not required for
             1767      the appointment of a commissioner pro tempore.]
             1768          (3) The governor may appoint a retired or resigned public service commissioner as a
             1769      commissioner pro tempore in order to render findings, orders, or decisions on matters which the
             1770      retired or resigned commissioner had fully heard before the commissioner's retirement or
             1771      resignation.
             1772          Section 45. Section 54-10-2 is amended to read:
             1773           54-10-2. Committee of Consumer Services created -- Members -- Terms --
             1774      Qualifications -- Appointment -- Organization.
             1775          (1) (a) There is created within the Division of Public Utilities of the Department of
             1776      Commerce a Committee of Consumer Services.
             1777          (b) All members shall maintain their principal place of abode within Utah.
             1778          (2) (a) The six members shall be appointed by the governor with the [advice and] consent
             1779      of the Senate.
             1780          (b) Except as required by Subsection (2)(c), as terms of current committee members
             1781      expire, the governor shall appoint each new member or reappointed member to a four-year term.
             1782          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the time
             1783      of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
             1784      members are staggered so that approximately half of the committee is appointed every two years.
             1785          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1786      appointed for the unexpired term.
             1787          (3) Members shall represent the following geographic and consumer interests:
             1788          (a) one member shall be from Salt Lake City, Provo, or Ogden;
             1789          (b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;
             1790          (c) one member shall be from an unincorporated area of the state;
             1791          (d) one member shall be a low-income resident;
             1792          (e) one member shall be a retired person;
             1793          (f) one member shall be a small commercial consumer;
             1794          (g) one member shall be a farmer or rancher who uses electric power to pump water in his


             1795      farming or ranching operation; and
             1796          (h) one member shall be a residential consumer.
             1797          (4) (a) No more than three members of the committee shall be from the same political
             1798      party.
             1799          (b) The governor shall designate one member as chair of the committee.
             1800          Section 46. Section 59-1-206 is amended to read:
             1801           59-1-206. Appointment of staff -- Executive director -- Compensation --
             1802      Administrative secretary -- Internal audit unit -- Appeals office staff -- Division directors.
             1803          (1) The commission shall appoint the following persons who are qualified, knowledgeable,
             1804      and experienced in matters relating to their respective positions, exempt under Title 67, Chapter
             1805      19, Utah State Personnel Management Act, to serve at the pleasure of, and who are directly
             1806      accountable to, the commission:
             1807          (a) in consultation with the governor and with the consent of the Senate, an executive
             1808      director [who shall be confirmed by advice and consent of the Senate];
             1809          (b) an administrative secretary;
             1810          (c) an internal audit unit; and
             1811          (d) an appeals staff.
             1812          (2) The governor shall establish the executive director's salary within the salary range fixed
             1813      by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             1814          (3) Division directors shall be appointed by the executive director subject to the approval
             1815      of the commission. The division directors are exempt employees under Title 67, Chapter 19, Utah
             1816      State Personnel Management Act.
             1817          (4) The executive director may with the approval of the commission employ additional
             1818      staff necessary to perform the duties and responsibilities of the commission. These employees are
             1819      subject to Title 67, Chapter 19, Utah State Personnel Management Act.
             1820          (5) The internal audit unit shall provide the following:
             1821          (a) an examination to determine the honesty and integrity of fiscal affairs, the accuracy and
             1822      reliability of financial statements and reports, and the adequacy and effectiveness of financial
             1823      controls to properly record and safeguard the acquisition, custody, and use of public funds;
             1824          (b) an examination to determine whether commission administrators have faithfully
             1825      adhered to commission policies and legislative intent;


             1826          (c) an examination to determine whether the operations of the divisions and other units of
             1827      the commission have been conducted in an efficient and effective manner;
             1828          (d) an examination to determine whether the programs administered by the divisions and
             1829      other units of the commission have been effective in accomplishing intended objectives; and
             1830          (e) an examination to determine whether management control and information systems are
             1831      adequate and effective in assuring that commission programs are administered faithfully,
             1832      efficiently, and effectively.
             1833          (6) The appeals office shall receive and hear appeals to the commission and shall conduct
             1834      the hearings in compliance with formal written rules approved by the commission. The
             1835      commission has final review authority over the appeals.
             1836          Section 47. Section 61-1-18.5 is amended to read:
             1837           61-1-18.5. Securities Advisory Board established -- Appointment -- Duties --
             1838      Qualifications -- Terms -- Vacancies -- Meetings -- Conflicts of interest -- Expenses.
             1839          (1) (a) There is hereby established a Securities Advisory Board.
             1840          (b) Members of the board shall be appointed by the governor with the [advice and] consent
             1841      of the Senate.
             1842          (c) The board shall have the following duties:
             1843          (i) formulate and make recommendations to the director regarding policy and budgetary
             1844      matters;
             1845          (ii) submit recommendations regarding registration requirements and division rules;
             1846          (iii) formulate and make recommendations to the director regarding the establishment of
             1847      reasonable fees; and
             1848          (iv) generally act in an advisory capacity to the director with respect to the exercise of his
             1849      duties, powers, and responsibilities.
             1850          (2) (a) The Securities Advisory Board shall be comprised of five members who shall be
             1851      appointed in accordance with the following:
             1852          (i) two members from the securities brokerage community who have at least five years
             1853      prior experience in securities matters;
             1854          (ii) one member from the securities section of the Utah Bar Association;
             1855          (iii) one member who is an officer or director of a corporation not subject to the reporting
             1856      requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and


             1857          (iv) one member from the public at large who has no active participation in the securities
             1858      business.
             1859          (b) No member may serve more than two consecutive terms.
             1860          (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
             1861      the governor shall appoint each new member or reappointed member to a four-year term.
             1862          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             1863      of appointment or reappointment, adjust the length of terms to ensure that the terms of commission
             1864      members are staggered so that approximately half of the board is appointed every two years.
             1865          (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
             1866      be appointed for the unexpired term.
             1867          (b) All members shall serve until their respective successors are appointed and qualified.
             1868          (5) The board shall meet at least quarterly on a regular date to be fixed by the board and
             1869      at such other times at the call of the director or any two members of the board. A majority of the
             1870      board shall constitute a quorum for the transaction of business. Actions of the board shall require
             1871      a vote of a majority of those present.
             1872          (6) Each member of the board shall, by sworn and written statement filed with the
             1873      Department of Commerce and the lieutenant governor, disclose any position of employment or
             1874      ownership interest that the member has with respect to any entity or business subject to the
             1875      jurisdiction of the division. This statement shall be filed upon appointment and must be
             1876      appropriately amended whenever significant changes occur in matters covered by the statement.
             1877          (7) (a) Members shall receive no compensation or benefits for their services, but may
             1878      receive per diem and expenses incurred in the performance of the member's official duties at the
             1879      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1880          (b) Members may decline to receive per diem and expenses for their service.
             1881          Section 48. Section 61-2b-7 is amended to read:
             1882           61-2b-7. Board established -- Composition -- Qualifications -- Terms of office --
             1883      Expenses.
             1884          (1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
             1885      which shall consist of seven members as follows:
             1886          (i) one state-licensed appraiser;
             1887          (ii) three state-certified appraisers;


             1888          (iii) two members of the general public; and
             1889          (iv) the Commissioner of the Department of Financial Institutions or his designee.
             1890          (b) All members of the board shall be appointed by the governor with the [advice and]
             1891      consent of the Senate.
             1892          (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
             1893      the governor shall appoint each new member or reappointed member to a four-year term beginning
             1894      on July 1.
             1895          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             1896      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1897      members are staggered so that approximately half of the board is appointed every two years.
             1898          (c) Upon the expiration of his term, a member of the board shall continue to hold office
             1899      until the appointment and qualification of his successor.
             1900          (d) No person may serve as a member of the board for more than two consecutive terms.
             1901          (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
             1902      be appointed for the unexpired term.
             1903          (b) The governor may remove a board member for cause.
             1904          (4) The public members of the board may not be licensed or certified under this chapter.
             1905          (5) The board shall meet at least quarterly to conduct its business. Public notice shall be
             1906      given for all board meetings.
             1907          (6) The members of the board shall elect a chair annually from among the members to
             1908      preside at board meetings. A quorum of the board shall be four members.
             1909          (7) (a) (i) Members who are not government employees shall receive no compensation or
             1910      benefits for their services, but may receive per diem and expenses incurred in the performance of
             1911      the member's official duties at the rates established by the Division of Finance under Sections
             1912      63A-3-106 and 63A-3-107 .
             1913          (ii) Members may decline to receive per diem and expenses for their service.
             1914          (b) (i) State government officer and employee members who do not receive salary, per
             1915      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             1916      in the performance of their official duties from the commission at the rates established by the
             1917      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1918          (ii) State government officer and employee members may decline to receive per diem and


             1919      expenses for their service.
             1920          Section 49. Section 62A-1-107 is amended to read:
             1921           62A-1-107. Boards within department -- Members, appointment, terms, vacancies,
             1922      chairperson, compensation, meetings, quorum.
             1923          (1) Except as specifically provided in Section 62A-4a-102 and 62A-14-106 regarding the
             1924      Board of Child and Family Services and the Board of Public Guardian Services, each board
             1925      described in Section 62A-1-105 shall have seven members who are appointed by the governor[,]
             1926      with the [advice and] consent of the Senate.
             1927          (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a term
             1928      of four years, and is eligible for one reappointment.
             1929          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             1930      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1931      members are staggered so that approximately half of the board is appointed every two years.
             1932          (c) Board members shall continue in office until the expiration of their terms and until
             1933      their successors are appointed, which may not exceed 90 days after the formal expiration of a term.
             1934          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1935      appointed for the unexpired term.
             1936          (3) No more than four members of any board may be from the same political party. Each
             1937      board shall have diversity of gender, ethnicity, and culture; and members shall be chosen on the
             1938      basis of their active interest, experience, and demonstrated ability to deal with issues related to
             1939      their specific boards.
             1940          (4) Each board shall annually elect a chairperson from its membership. Each board shall
             1941      hold meetings at least once every three months. Meetings shall be held from time to time on the
             1942      call of the chairperson or of the majority of the members of any board. Four members of a board
             1943      are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the
             1944      majority of members present shall be the action of the board.
             1945          (5) (a) Members shall receive no compensation or benefits for their services, but may
             1946      receive per diem and expenses incurred in the performance of the member's official duties at the
             1947      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             1948          (b) Members may decline to receive per diem and expenses for their service.
             1949          (6) Each board shall adopt bylaws governing its activities. Bylaws shall include


             1950      procedures for removal of a board member who is unable or unwilling to fulfill the requirements
             1951      of his appointment.
             1952          (7) Each board has program policymaking authority for the division over which it presides.
             1953          Section 50. Section 62A-1-108 is amended to read:
             1954           62A-1-108. Executive director -- Appointment -- Compensation -- Qualifications --
             1955      Responsibilities.
             1956          (1) The chief administrative officer of the department is the executive director, who shall
             1957      be appointed by the governor with the [advice and] consent of the Senate. The executive director
             1958      may be removed at the will of the governor. The executive director shall receive a salary
             1959      established by the governor within the salary range fixed by the Legislature in Title 67, Chapter
             1960      22, State Officer Compensation. The executive director shall be experienced in administration,
             1961      management, and coordination of complex organizations.
             1962          (2) The executive director is responsible for:
             1963          (a) administration and supervision of the department;
             1964          (b) coordination of policies and program activities conducted through the boards,
             1965      divisions, and offices of the department;
             1966          (c) approval of the proposed budget of each board, division, and office within the
             1967      department; and
             1968          (d) such other duties as the Legislature or governor shall assign to him.
             1969          (3) The executive director may appoint deputy or assistant directors to assist him in
             1970      carrying out the department's responsibilities.
             1971          Section 51. Section 62A-4a-102 is amended to read:
             1972           62A-4a-102. Board of Child and Family Services.
             1973          (1) (a) The Board of Child and Family Services, created in accordance with this section
             1974      and with Sections 62A-1-105 and 62A-1-107 , is responsible for establishing by rule, pursuant to
             1975      Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the policy of the division in
             1976      accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile Courts
             1977      regarding abuse, neglect, and dependency proceedings, youth services, and domestic violence
             1978      services. The board is responsible to see that the legislative purposes for the division are carried
             1979      out.
             1980          (b) (i) [Effective July 1, 1994, the] The governor shall appoint, with the [advice and]


             1981      consent of the Senate, 11 members to the Board of Child and Family Services.
             1982          (ii) Except as required by Subsection (1)(b)(iii), as terms of current board members expire,
             1983      the governor shall appoint each new member or reappointed member to a four-year term.
             1984          (iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at the
             1985      time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             1986      members are staggered so that approximately half of the board is appointed every two years.
             1987          (c) Two members of the board shall be persons who are or have been consumers, two
             1988      members of the board shall be persons who are actively involved in children's issues specifically
             1989      related to abuse and neglect, one member shall be a licensed foster parent, one member shall be
             1990      a recognized expert in the social, developmental, and mental health needs of children, one member
             1991      shall be a physician licensed to practice medicine in this state who is also a board certified
             1992      pediatrician and who is an expert in child abuse and neglect, and one member shall be an adult
             1993      relative of a child who is or has been in the foster care system.
             1994          (d) Six members of the board are necessary to constitute a quorum at any meeting.
             1995          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             1996      appointed for the unexpired term.
             1997          (2) (a) Members shall receive no compensation or benefits for their services, but may
             1998      receive per diem and expenses incurred in the performance of the member's official duties at the
             1999      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2000          (b) Members may decline to receive per diem and expenses for their service.
             2001          (3) The board shall:
             2002          (a) approve fee schedules for programs within the division;
             2003          (b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
             2004      establish, by rule, policies to ensure that private citizens, consumers, foster parents, private
             2005      contract providers, allied state and local agencies, and others are provided with an opportunity to
             2006      comment and provide input regarding any new policy or proposed revision of an existing policy;
             2007      and
             2008          (c) provide a mechanism for systematic and regular review of existing policy and for
             2009      consideration of policy changes proposed by the persons and agencies described in Subsection
             2010      (3)(b).
             2011          (4) (a) The board shall establish a three-member Consumer Hearing Panel to act


             2012      independently of the board and the division, and to be the sole and final decision-making body to
             2013      hear, resolve, and make recommendations regarding consumer complaints relating to the division.
             2014      The board may appoint two alternates to serve on the Consumer Hearing Panel in the event that
             2015      one or more of the members is unable to serve at any given time. This section does not restrict or
             2016      limit access to the courts for any person, or override Title 62A, Chapter 2, Licensure of Programs
             2017      and Facilities, or Title 67, Chapter 19, Utah State Personnel Management Act.
             2018          (b) The Consumer Hearing Panel may not include any employees of the division.
             2019          (c) Prior to July 1, 2000, the Consumer Hearing Panel shall establish procedures that:
             2020          (i) provide for reasonable notice of panel hearings to the appropriate consumers;
             2021          (ii) require both the division and the consumer to present their respective information,
             2022      testimony, or evidence at the same hearing unless, after reasonable notice, the consumer fails or
             2023      refuses to appear at the scheduled panel hearing; and
             2024          (iii) affirm the right of affected consumers to be provided with pertinent information
             2025      regarding the substance of the division's position, testimony, or evidence either prior to or at the
             2026      scheduled panel hearing.
             2027          (d) The Consumer Hearing Panel shall report its recommendations to the board, the
             2028      division, and the Legislative Oversight Panel described in Section 62A-4a-207 . The division shall
             2029      comply with the recommendations of the Consumer Hearing Panel.
             2030          (e) The department shall provide staff to the Consumer Hearing Panel.
             2031          (f) (i) Members of the panel shall receive a per diem allowance for each day or portion of
             2032      a day spent in performing the duties of the panel, and shall be reimbursed for all necessary travel
             2033      expenses.
             2034          (ii) The per diem reimbursement described in Subsection (4)(f)(i) may not exceed 75 days
             2035      for any one individual panel member in any fiscal year.
             2036          (5) The board may create state advisory committees to advise it concerning programs
             2037      offered by the Division of Child and Family Services. The board shall provide each committee
             2038      with a specific charge in writing.
             2039          (6) The board shall establish policies for the determination of eligibility for services
             2040      offered by the division in accordance with this chapter. The division may, by rule, establish
             2041      eligibility standards for consumers.
             2042          (7) The board shall adopt and maintain rules and policies regarding placement for adoption


             2043      or foster care that are consistent with, and no more restrictive than, applicable statutory provisions.
             2044          Section 52. Section 62A-7-109 is amended to read:
             2045           62A-7-109. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
             2046          (1) There is created within the division a Youth Parole Authority.
             2047          (2) The authority is composed of ten part-time members and five pro tempore members
             2048      who are residents of this state. No more than three pro tempore members may serve on the
             2049      authority at any one time. Throughout this section, the term "member" shall refer to both part-time
             2050      and pro tempore members of the Youth Parole Authority.
             2051          (3) (a) Except as required by Subsection (3)(b), members shall be appointed to four-year
             2052      terms by the governor with the [advice and] consent of the Senate.
             2053          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             2054      of appointment or reappointment, adjust the length of terms to ensure that the terms of authority
             2055      members are staggered so that approximately half of the authority is appointed every two years.
             2056          (4) Each member shall have training or experience in social work, law, juvenile or criminal
             2057      justice, or related behavioral sciences.
             2058          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             2059      appointed for the unexpired term.
             2060          (6) During the tenure of his appointment, a member may not:
             2061          (a) be an employee of the department, other than in his capacity as a member of the
             2062      authority;
             2063          (b) hold any public office;
             2064          (c) hold any position in the state's juvenile justice system; or
             2065          (d) be an employee, officer, advisor, policy board member, or subcontractor of any juvenile
             2066      justice agency or its contractor.
             2067          (7) In extraordinary circumstances or when a regular board member is absent or otherwise
             2068      unavailable, the chair may assign a pro tempore member to act in the absent board member's place.
             2069          (8) (a) Members shall receive no compensation or benefits for their services, but may
             2070      receive per diem and expenses incurred in the performance of the member's official duties at the
             2071      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2072          (b) Members may decline to receive per diem and expenses for their service.
             2073          (9) The authority shall determine appropriate parole dates for youth offenders, based on


             2074      guidelines established by the board. The board shall review and update policy guidelines annually.
             2075          (10) Youth offenders may be paroled to their own homes, to a residential
             2076      community-based program, to a nonresidential community-based treatment program, to an
             2077      approved independent living setting, or to other appropriate residences, but shall remain on parole
             2078      until parole is terminated by the authority.
             2079          (11) The division's case management staff shall implement parole release plans and shall
             2080      supervise youth offenders while on parole.
             2081          (12) The division shall permit the authority to have reasonable access to youth offenders
             2082      in secure facilities and shall furnish all pertinent data requested by the authority in matters of
             2083      parole, revocation, and termination.
             2084          Section 53. Section 62A-13-103 is amended to read:
             2085           62A-13-103. Rural Mental Health Therapist Financial Assistance Committee
             2086      created.
             2087          (1) The Rural Mental Health Therapist Financial Assistance Committee is comprised of
             2088      ten members appointed by the governor with the [advice and] consent of the Senate. The
             2089      committee members are:
             2090          (a) one faculty member of the graduate school of social work at a Utah university,
             2091      nominated by the dean of the school;
             2092          (b) one employee of the department nominated by the director of the department;
             2093          (c) one rural representative of the Utah Behavioral Healthcare Network nominated by the
             2094      network;
             2095          (d) one member of the Utah Psychological Association nominated by the president of the
             2096      association;
             2097          (e) one rural representative of the Association for Utah Community Health nominated by
             2098      the board of the association;
             2099          (f) one rural representative nominated by Utah League of Cities and Towns;
             2100          (g) one rural representative nominated by the Association of Counties;
             2101          (h) one rural representative nominated by the Utah Counseling Association;
             2102          (i) one rural representative of the Utah Association for Marriage and Family Therapy; and
             2103          (j) one member of the Legislature chosen by the president and speaker, who serves as an
             2104      ex officio member with no voting privileges.


             2105          (2) (a) The names of all persons nominated to be members of the committee shall be
             2106      submitted to the governor for confirmation or rejection.
             2107          (b) If a nominee is rejected by the governor, another nominee shall be selected in the same
             2108      manner as the nominee the governor rejects.
             2109          (3) (a) Except as required by Subsection (3)(b), the term of office of each committee
             2110      member is four years.
             2111          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             2112      of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
             2113      members are staggered so that approximately half of the committee is appointed every two years.
             2114          (4) A committee member may not serve more than two consecutive terms.
             2115          (5) The committee shall annually designate one of its members to serve as chair for a
             2116      one-year period.
             2117          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             2118      appointed for the unexpired term.
             2119          (7) A majority of the committee members constitutes a quorum for the transaction of
             2120      business.
             2121          (8) (a) (i) Members who are not government employees shall receive no compensation or
             2122      benefits for their services, but may receive per diem and expenses incurred in the performance of
             2123      the member's official duties at the rates established by the Division of Finance under Sections
             2124      63A-3-106 and 63A-3-107 .
             2125          (ii) Members may decline to receive per diem and expenses for their service.
             2126          (b) (i) State government officer and employee members who do not receive salary, per
             2127      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2128      in the performance of their official duties from the committee at the rates established by the
             2129      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2130          (ii) State government officer and employee members may decline to receive per diem and
             2131      expenses for their service.
             2132          (c) Legislators on the committee shall receive compensation and expenses as provided by
             2133      law and legislative rule.
             2134          (d) Members from higher education may not receive per diem or expenses for their service.
             2135          (e) (i) Higher education members who do not receive salary, per diem, or expenses from


             2136      the entity that they represent for their service may receive per diem and expenses incurred in the
             2137      performance of their official duties from the committee at the rates established by the Division of
             2138      Finance under Sections 63A-3-106 and 63A-3-107 .
             2139          (ii) Higher education members may decline to receive per diem and expenses for their
             2140      service.
             2141          (f) (i) Local government members who do not receive salary, per diem, or expenses from
             2142      the entity that they represent for their service may receive per diem and expenses incurred in the
             2143      performance of their official duties at the rates established by the Division of Finance under
             2144      Sections 63A-3-106 and 63A-3-107 .
             2145          (ii) Local government members may decline to receive per diem and expenses for their
             2146      service.
             2147          Section 54. Section 63-2-501 is amended to read:
             2148           63-2-501. State Records Committee created -- Membership -- Terms -- Vacancies --
             2149      Expenses.
             2150          (1) There is created the State Records Committee within the Department of Administrative
             2151      Services to consist of the following seven individuals:
             2152          (a) an individual in the private sector whose profession requires him to create or manage
             2153      records that if created by a governmental entity would be private or controlled;
             2154          (b) the state auditor or the auditor's designee;
             2155          (c) the director of the Division of State History;
             2156          (d) the governor or the governor's designee;
             2157          (e) one citizen member;
             2158          (f) one elected official representing political subdivisions; and
             2159          (g) one individual representing the news media.
             2160          (2) The members specified in Subsections (1)(a), (e), (f), and (g) shall be appointed by the
             2161      governor with the [advice and] consent of the Senate.
             2162          (3) (a) Except as required by Subsection (3)(b), as terms of current committee members
             2163      expire, the governor shall appoint each new member or reappointed member to a four-year term.
             2164          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
             2165      of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
             2166      members are staggered so that approximately half of the committee is appointed every two years.


             2167          (c) Each appointed member is eligible for reappointment for one additional term.
             2168          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             2169      appointed for the unexpired term.
             2170          (5) (a) (i) Members who are not government employees shall receive no compensation or
             2171      benefits for their services, but may receive per diem and expenses incurred in the performance of
             2172      the member's official duties at the rates established by the Division of Finance under Sections
             2173      63A-3-106 and 63A-3-107 .
             2174          (ii) Members may decline to receive per diem and expenses for their service.
             2175          (b) (i) State government officer and employee members who do not receive salary, per
             2176      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2177      in the performance of their official duties from the committee at the rates established by the
             2178      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2179          (ii) State government officer and employee members may decline to receive per diem and
             2180      expenses for their service.
             2181          (c) (i) Local government members who do not receive salary, per diem, or expenses from
             2182      the entity that they represent for their service may receive per diem and expenses incurred in the
             2183      performance of their official duties at the rates established by the Division of Finance under
             2184      Sections 63A-3-106 and 63A-3-107 .
             2185          (ii) Local government members may decline to receive per diem and expenses for their
             2186      service.
             2187          Section 55. Section 63-5-4 is amended to read:
             2188           63-5-4. Disaster Emergency Advisory Council created -- Function -- Composition --
             2189      Expenses.
             2190          (1) A Disaster Emergency Advisory Council is created to provide advice to the governor
             2191      on matters relating to state government emergency disaster response and recovery actions and
             2192      activities.
             2193          (2) The council shall meet at the call of the governor.
             2194          (3) The Disaster Emergency Advisory Council comprises the:
             2195          (a) lieutenant governor;
             2196          (b) attorney general;
             2197          (c) president of the Senate;


             2198          (d) speaker of the House of Representatives;
             2199          (e) heads of the following state agencies:
             2200          (i) Public Safety;
             2201          (ii) Division of Comprehensive Emergency Management;
             2202          (iii) Building Board; and
             2203          (iv) Office of Planning and Budget;
             2204          (f) executive directors of the following departments:
             2205          (i) Transportation;
             2206          (ii) Human Services;
             2207          (iii) Health;
             2208          (iv) Environmental Quality;
             2209          (v) Community and Economic Development; and
             2210          (vi) Natural Resources;
             2211          (g) representative of the National Guard appointed by the governor with the [advice and]
             2212      consent of the Senate;
             2213          (h) commissioner of agriculture and food;
             2214          (i) state planning coordinator; and
             2215          (j) representatives from two statewide, nongovernmental service organizations appointed
             2216      by the governor with the [advice and] consent of the Senate.
             2217          (4) The commissioner of Public Safety shall serve as the chair of the council.
             2218          (5) (a) (i) State government officer and employee members who do not receive salary, per
             2219      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2220      in the performance of their official duties from the council at the rates established by the Division
             2221      of Finance under Sections 63A-3-106 and 63A-3-107 .
             2222          (ii) State government officer and employee members may decline to receive per diem and
             2223      expenses for their service.
             2224          (b) Legislators on the committee shall receive compensation and expenses as provided by
             2225      law and legislative rule.
             2226          Section 56. Section 63-11-14 is amended to read:
             2227           63-11-14. Board of Parks and Recreation -- Appointment and terms of members --
             2228      Expenses.


             2229          (1) (a) The Board of Parks and Recreation shall be composed of nine members appointed
             2230      by the governor, with the [advice and] consent of the Senate, to four-year terms.
             2231          (b) The governor shall:
             2232          (i) appoint one member from each judicial district and one member from the public at
             2233      large;
             2234          (ii) ensure that not more than five members are from the same political party; and
             2235          (iii) appoint persons who have an understanding of and demonstrated interest in parks and
             2236      recreation.
             2237          (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may adjust
             2238      the length of terms to ensure that the terms of board members are staggered so that approximately
             2239      1/2 of the board is appointed every two years.
             2240          (2) When vacancies occur because of death, resignation, or other cause, the governor, with
             2241      the [advice and] consent of the Senate, shall:
             2242          (a) appoint a person to complete the unexpired term of the person whose office was
             2243      vacated; and
             2244          (b) if the person was appointed from a judicial district, appoint the replacement from the
             2245      judicial district from which the person whose office has become vacant was appointed.
             2246          (3) The Board of Parks and Recreation shall appoint its chair from its membership.
             2247          (4) (a) Members shall receive no compensation or benefits for their services, but may
             2248      receive per diem and expenses incurred in the performance of the member's official duties at the
             2249      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2250          (b) Members may decline to receive per diem and expenses for their service.
             2251          Section 57. Section 63-25a-103 is amended to read:
             2252           63-25a-103. Executive director -- Qualifications -- Compensation -- Appointment --
             2253      Functions.
             2254          (1) The governor, with the [advice and] consent of the Senate, shall appoint a person
             2255      experienced in the field of criminal justice and in administration as the executive director of the
             2256      Commission on Criminal and Juvenile Justice. The governor shall establish the executive
             2257      director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State
             2258      Officer Compensation.
             2259          (2) (a) The executive director, under the direction of the commission, shall administer the


             2260      duties of the commission and act as the governor's advisor on national, state, regional,
             2261      metropolitan, and local government planning as it relates to criminal justice.
             2262          (b) This chapter does not derogate the planning authority conferred on state, regional,
             2263      metropolitan, and local governments by existing law.
             2264          Section 58. Section 63-25a-404 is amended to read:
             2265           63-25a-404. Crime Victims' Reparations Board -- Members.
             2266          (1) (a) A Crime Victims' Reparations Board is created, consisting of seven members
             2267      appointed by the governor with the [advice and] consent of the Senate.
             2268          (b) The membership of the board shall consist of:
             2269          (i) a member of the bar of this state;
             2270          (ii) a victim of criminally injurious conduct;
             2271          (iii) a licensed physician;
             2272          (iv) a representative of law enforcement;
             2273          (v) a mental health care provider; and
             2274          (vi) two other private citizens.
             2275          (c) The governor may appoint a chair of the board who shall serve for a period of time
             2276      prescribed by the governor, not to exceed the length of the chair's term. The board may elect a vice
             2277      chair to serve in the absence of the chair.
             2278          (d) The board may hear appeals from administrative decisions as provided in rules adopted
             2279      pursuant to Section 63-25a-415 .
             2280          (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
             2281      the governor shall appoint each new member or reappointed member to a four-year term.
             2282          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             2283      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             2284      members are staggered so that approximately half of the board is appointed every two years.
             2285          (c) A member may be reappointed to one successive term.
             2286          (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
             2287      be appointed for the unexpired term.
             2288          (b) A member resigning from the board shall serve until his successor is appointed and
             2289      qualified.
             2290          (4) (a) (i) Members who are not government employees shall receive no compensation or


             2291      benefits for their services, but may receive per diem and expenses incurred in the performance of
             2292      the member's official duties at the rates established by the Division of Finance under Sections
             2293      63A-3-106 and 63A-3-107 .
             2294          (ii) Members may decline to receive per diem and expenses for their service.
             2295          (b) (i) State government officer and employee members who do not receive salary, per
             2296      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2297      in the performance of their official duties from the board at the rates established by the Division
             2298      of Finance under Sections 63A-3-106 and 63A-3-107 .
             2299          (ii) State government officer and employee members may decline to receive per diem and
             2300      expenses for their service.
             2301          (5) The board shall meet at least once quarterly but may meet more frequently as
             2302      necessary.
             2303          Section 59. Section 63-34-4 is amended to read:
             2304           63-34-4. Appointment of policy board members -- Terms -- Qualifications --
             2305      Expenses -- Removal -- Conflicts of interest.
             2306          (1) The governor, with the [advice and] consent of the Senate, shall appoint the members
             2307      of the division policy boards created in Section 63-34-3 .
             2308          (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
             2309      the governor shall appoint each new member or reappointed member to a four-year term.
             2310          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             2311      of appointment or reappointment, adjust the length of terms to ensure that the terms of board
             2312      members are staggered so that approximately half of the board is appointed every two years.
             2313          (c) The board members shall be appointed for no more than two consecutive terms unless
             2314      the governor considers an additional appointment necessary due to exceptional circumstances.
             2315          (3) Members shall be appointed consistent with the following criteria:
             2316          (a) geographical distribution;
             2317          (b) expertise or personal experience with subject matter;
             2318          (c) diversity of opinion and political preference; and
             2319          (d) gender, cultural, and ethnic representation.
             2320          (4) (a) (i) Members who are not government employees shall receive no compensation or
             2321      benefits for their services, but may receive per diem and expenses incurred in the performance of


             2322      the member's official duties at the rates established by the Division of Finance under Sections
             2323      63A-3-106 and 63A-3-107 .
             2324          (ii) Members may decline to receive per diem and expenses for their service.
             2325          (b) (i) State government officer and employee members who do not receive salary, per
             2326      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2327      in the performance of their official duties from the board at the rates established by the Division
             2328      of Finance under Sections 63A-3-106 and 63A-3-107 .
             2329          (ii) State government officer and employee members may decline to receive per diem and
             2330      expenses for their service.
             2331          (5) (a) Any member may be removed at any time by the governor for official misconduct,
             2332      habitual or willful neglect of duty, or for other good and sufficient cause.
             2333          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             2334      appointed for the unexpired term.
             2335          (6) No member of the Legislature may serve as a member of a division policy board.
             2336          (7) A board member shall disclose any conflict of interest to the board and if the conflict
             2337      involves a direct financial interest in either the subject under consideration or an entity or asset that
             2338      could be substantially affected by the outcome of board action, the member shall refrain from
             2339      voting on the matter.
             2340          Section 60. Section 63-34-5 is amended to read:
             2341           63-34-5. Executive director of natural resources -- Appointment -- Removal --
             2342      Compensation -- Responsibilities -- Department fee schedule.
             2343          (1) (a) The chief administrative officer of the Department of Natural Resources shall be
             2344      an executive director appointed by the governor with the [advice and] consent of the Senate.
             2345          (b) The executive director may be removed at the will of the governor.
             2346          (c) The executive director shall receive a salary established by the governor within the
             2347      salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             2348          (2) The executive director shall:
             2349          (a) administer and supervise the Department of Natural Resources and provide for
             2350      coordination and cooperation among the boards and divisions of the department;
             2351          (b) approve the budget of each board and division;
             2352          (c) (i) coordinate state governmental functions regarding energy development;


             2353          (ii) facilitate the development and implementation of policies and programs relating to
             2354      energy production, processing, utilization, and technology in the state;
             2355          (iii) coordinate and consolidate energy resource data collection throughout state
             2356      government;
             2357          (iv) perform forecasts of state-level energy production, consumption, and prices;
             2358          (v) monitor federal laws and regulations relating to energy development, processing, or
             2359      use, and recommend policy positions for the state;
             2360          (vi) participate in regulatory proceedings as appropriate to the functions and duties of the
             2361      department;
             2362          (vii) represent the state on regional and national energy matters on his own initiative or
             2363      as requested by the governor; and
             2364          (viii) provide the Legislature and the governor with:
             2365          (A) a biennial report addressing the current status of energy markets in the state; and
             2366          (B) an independent assessment of energy issues.
             2367          (d) report at the end of each fiscal year to the governor on department activities, and
             2368      activities of the boards and divisions; and
             2369          (e) perform other duties as provided by the Legislature by statute.
             2370          (3) Unless otherwise provided by statute, the department may adopt a schedule of fees
             2371      assessed for services provided by the department. The fee shall be reasonable and fair and shall
             2372      reflect the cost of services provided. Each fee established in this manner shall be submitted to and
             2373      approved by the Legislature as part of the department's annual appropriations request. The
             2374      department may not charge or collect any fee proposed in this manner without approval of the
             2375      Legislature.
             2376          Section 61. Section 63-88-103 is amended to read:
             2377           63-88-103. Board of Trustees of the Utah Navajo Trust Fund.
             2378          (1) (a) There is created a Board of Trustees of the Utah Navajo Trust Fund composed of
             2379      three members, the State Treasurer, the Director of the Division of Finance, and a state officer or
             2380      employee appointed by the governor, with the [advice and] consent of the Senate, to a four-year
             2381      term.
             2382          (b) The State Treasurer is chair of the board.
             2383          (c) Three members of the board are a quorum.


             2384          (d) (i) State government officer and employee members who do not receive salary, per
             2385      diem, or expenses from their agency for their service may receive per diem and expenses incurred
             2386      in the performance of their official duties from the board at the rates established by the Division
             2387      of Finance under Sections 63A-3-106 and 63A-3-107 .
             2388          (ii) State government officer and employee members may decline to receive per diem and
             2389      expenses for their service.
             2390          (2) (a) The board shall either:
             2391          (i) contract with a person or entity to act as trust administrator by following the procedures
             2392      and requirements of Title 63, Chapter 56, Utah Procurement Code and, where not provided for by
             2393      this chapter, define his duties and responsibilities; or
             2394          (ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust
             2395      administrator for a reasonable cost, hire a qualified person to act as trust administrator and, where
             2396      not provided for by this chapter, define his duties and responsibilities.
             2397          (b) If the board hires a trust administrator under authority of Subsection (2)(a)(ii), the
             2398      board may hire, or authorize the trust administrator to hire, other persons necessary to assist the
             2399      trust administrator and the board to perform the duties required by this chapter.
             2400          (3) The board shall:
             2401          (a) on behalf of the state, act as trustee of the trust fund and exercise the state's fiduciary
             2402      responsibilities;
             2403          (b) meet at least monthly;
             2404          (c) review and approve all policies, projections, rules, criteria, procedures, forms,
             2405      standards, and performance goals established by the trust administrator;
             2406          (d) review and approve the trust fund budget prepared by the trust administrator;
             2407          (e) review all progress reports from programs financed by the trust fund;
             2408          (f) review financial records of the trust fund, including trust fund receipts, expenditures,
             2409      and investments; and
             2410          (g) do any other things necessary to perform the state of Utah's fiduciary obligations under
             2411      the trust fund.
             2412          (4) The attorney general shall:
             2413          (a) act as legal counsel and provide legal representation to the Board of Trustees; and
             2414          (b) attend, or direct an attorney from his office to attend, each of their meetings.


             2415          Section 62. Section 63-88-107 is amended to read:
             2416           63-88-107. Utah Dineh Committee.
             2417          (1) There is created the Dineh Committee.
             2418          (2) (a) The governor, with the [advice and] consent of the Senate, shall [in accordance with
             2419      this section] appoint nine members to the committee.
             2420          (b) In making an appointment under Subsection (2)(a), the governor shall ensure that:
             2421          (i) each member of the committee is an individual:
             2422          (A) who is an enrolled member of the Navajo Nation; and
             2423          (B) whose name and tribal number are contained in the trust fund's population database;
             2424      and
             2425          (ii) the committee includes:
             2426          (A) two registered members of the Aneth Chapter of the Navajo Nation who reside in San
             2427      Juan County, Utah;
             2428          (B) one registered member of the Blue Mountain Dine' who resides in San Juan County,
             2429      Utah;
             2430          (C) one registered member of the Mexican Water Chapter of the Navajo Nation who
             2431      resides in San Juan County, Utah;
             2432          (D) one registered member of the Navajo Mountain Chapter of the Navajo Nation who
             2433      resides in San Juan County, Utah;
             2434          (E) subject to Subsection (11), two members who reside in San Juan County, Utah:
             2435          (I) one of which shall be a registered member of the Oljato Chapter of the Navajo Nation;
             2436      and
             2437          (II) one of which shall be a registered member of either the Oljato Chapter or the
             2438      Dennehotso Chapter of the Navajo Nation;
             2439          (F) one registered member of the Red Mesa Chapter of the Navajo Nation who resides in
             2440      San Juan County, Utah; and
             2441          (G) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who resides
             2442      in San Juan County, Utah.
             2443          (3) (a) (i) Each of the Utah Navajo Chapters, except the Aneth, Oljato, and Dennehotso
             2444      chapters, shall submit to the governor the names of three nominees to the Dineh Committee chosen
             2445      by the chapter.


             2446          (ii) The governor shall select one of the three persons submitted under Subsection (3)(a)(i)
             2447      as that chapter's representative on the Dineh Committee.
             2448          (b) (i) The Blue Mountain Dine' shall submit to the governor the names of three nominees
             2449      to the Dineh Committee.
             2450          (ii) The governor shall select one of the three persons submitted under Subsection (3)(b)(i)
             2451      as the Blue Mountain Dine' representative on the Dineh Committee.
             2452          (c) (i) The Aneth Chapter shall submit to the governor the names of six nominees to the
             2453      Dineh Committee chosen by the chapter.
             2454          (ii) The governor shall select two of the six persons submitted under Subsection (3)(c)(i)
             2455      to be the Aneth Chapter's representatives on the Dineh Committee.
             2456          (d) (i) The Oljato Chapter shall submit to the governor the names of six nominees to the
             2457      Dineh Committee chosen by the chapter.
             2458          (ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered member
             2459      of the Dennehotso Chapter.
             2460          (iii) The governor shall select two of the six persons submitted under Subsection (3)(d)(i)
             2461      to be the representatives on the Dineh Committee of the Oljato and Dennehotso chapters.
             2462          (4) The governor may not appoint any person who is currently, or who, within the last 12
             2463      months, has been an officer, director, employee, or contractor of any business enterprise or service
             2464      provider that solicits, accepts, or receives monies from:
             2465          (a) the Division of Indian Affairs; or
             2466          (b) the trust fund established in this chapter.
             2467          (5) Other than the amount authorized by this section for Dineh Committee member
             2468      expenses, a person appointed to the Dineh Committee may not solicit, accept, or receive any
             2469      monies from:
             2470          (a) the Division of Indian Affairs;
             2471          (b) the trust fund; or
             2472          (c) as an officer, director, employee, or contractor of any business enterprise or service
             2473      provider that solicits, accepts, or receives expenditures from:
             2474          (i) the Division of Indian Affairs; or
             2475          (ii) the trust fund.
             2476          (6) (a) (i) Except as required by Subsection (6)(a)(ii), as terms of current committee


             2477      members expire, the governor shall appoint each new member or reappointed member to a
             2478      four-year term.
             2479          (ii) Notwithstanding the requirements of Subsection (6)(a)(i), the governor shall, at the time
             2480      of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
             2481      members are staggered so that approximately half of the committee is appointed every two years.
             2482          (b) Except as provided in Subsection (6)(c), committee members shall serve until their
             2483      successors are appointed and qualified.
             2484          (c) (i) If a committee member is absent from three consecutive committee meetings, or if
             2485      the committee member has violated the ethical or conflict of interest policies established by statute
             2486      or by the committee, that member's appointment is terminated, the position is vacant, and the
             2487      governor shall appoint a replacement.
             2488          (ii) When a vacancy occurs in the membership for any reason, the replacement shall be
             2489      appointed for the unexpired term according to the procedures of this section.
             2490          (7) (a) The committee shall select a chair and a vice chair from its membership each two
             2491      years subsequent to the appointment of new members.
             2492          (b) Five members of the committee are a quorum for the transaction of business.
             2493          (c) The committee shall:
             2494          (i) comply with the procedures and requirements of Title 52, Chapter 4, Open and Public
             2495      Meetings;
             2496          (ii) ensure that all of its meetings are held at or near:
             2497          (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
             2498          (B) other places in Utah that the committee considers practical and appropriate; and
             2499          (iii) ensure that all of its meetings are public hearings at which any resident of San Juan
             2500      County may appear and speak.
             2501          (8) (a) Members shall receive no compensation or benefits for their services, but may
             2502      receive per diem and expenses incurred in the performance of the member's official duties at the
             2503      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the
             2504      trust fund.
             2505          (b) Members may decline to receive per diem and expenses for their service.
             2506          (9) The Office of Trust Administrator is staff to the committee.
             2507          (10) The committee shall advise the trust administrator about the expenditure of trust fund


             2508      monies.
             2509          (11) If both members appointed under Subsection (2)(b)(ii)(E) are registered members of
             2510      the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
             2511          Section 63. Section 63A-1-105 is amended to read:
             2512           63A-1-105. Appointment of executive director -- Compensation.
             2513          (1) The governor shall:
             2514          (a) appoint the executive director with the [advice and] consent of the Senate; and
             2515          (b) establish the executive director's salary within the salary range fixed by the Legislature
             2516      in Title 67, Chapter 22, State Officer Compensation.
             2517          (2) The executive director shall serve at the pleasure of the governor.
             2518          Section 64. Section 63A-7-104 is amended to read:
             2519           63A-7-104. Utah Sports Authority -- State controls -- Board -- Membership --
             2520      Meetings -- Removal -- Per diem and expenses.
             2521          (1) (a) There is created within the department the Utah Sports Authority.
             2522          (b) The authority is subject to all laws, rules, policies, and other conditions and limitations
             2523      that govern agencies of state government, including:
             2524          (i) the procurement procedures contained in Title 63, Chapter 56, Utah Procurement Code;
             2525          (ii) Title 63A, Chapter 10, State Olympic Coordination Act;
             2526          (iii) the personnel procedures contained in Title 67, Chapter 19, Utah State Personnel
             2527      Management Act; and
             2528          (iv) the laws, rules, policies, and other conditions or limitations from oversight
             2529      departments, divisions, agencies, or offices such as the Division of Finance, the Division of
             2530      Facilities Construction and Management, the state treasurer, the state auditor, and the attorney
             2531      general.
             2532          (c) (i) Notwithstanding any other provisions of this chapter, the Division of Finance shall
             2533      provide or contract for all accounting related to public sports facilities, including budgeting,
             2534      financial reporting, and internal controls of both state and nonstate funds of the authority.
             2535          (ii) All nonstate funds may be accounted for and controlled outside of the state accounting
             2536      system.
             2537          (d) (i) After May 4, 1998, any contract, agreement, or financial arrangement entered into
             2538      by the authority shall be reviewed by the State Olympic Officer and approved by the governor if


             2539      the contract, agreement, or financial arrangement involves:
             2540          (A) the transfer or conveyance of real or personal property or any interest in real or
             2541      personal property held by the authority on behalf of the state;
             2542          (B) the lease or use of a public sports facility by any person other than the authority;
             2543          (C) construction at a public sports facility; or
             2544          (D) the management of a public sports facility.
             2545          (ii) A contract, agreement, or financial arrangement entered into after May 4, 1998, that
             2546      is not reviewed and approved in accordance with this Subsection (1)(d) is voidable at the option
             2547      of the governor.
             2548          (iii) The State Olympic Officer may establish a policy that exempts a contract, agreement,
             2549      or financial arrangement from the requirements of this Subsection (1)(d) if:
             2550          (A) the size of a project, the scope of the activities, or the amount of money or state
             2551      resources involved is of minimal or insignificant nature; and
             2552          (B) the exemption is in the public interest.
             2553          (iv) The requirements of this Subsection (1)(d) are in addition to any other requirements
             2554      imposed on the authority by law, including approval by the Legislature of any conveyance under
             2555      Subsection 63A-7-105 (20).
             2556          (2) The policy of the authority shall be determined by the authority board rather than the
             2557      executive director.
             2558          (3) There is created a Utah Sports Authority Board that shall consist of 19 members as
             2559      follows:
             2560          (a) 18 individuals appointed by the governor[,] with the [advice and] consent of the Senate,
             2561      as follows:
             2562          (i) five individuals from a list of ten nominees provided by the Utah League of Cities and
             2563      Towns, with not more than one being a resident of any given county;
             2564          (ii) two individuals from a list of four nominees provided by the Utah Association of
             2565      Counties;
             2566          (iii) three individuals from a list of six nominees provided by the mayor of Salt Lake City;
             2567          (iv) four individuals from the state at large; and
             2568          (v) four individuals:
             2569          (A) who prior to or at the time of appointment are athletes; and


             2570          (B) that the governor determines fairly represent the interests of athletes that will be served
             2571      by state programs or facilities overseen by the authority; and
             2572          (b) the executive director of the Department of Community and Economic Development.
             2573          (4) The authority board membership shall include representatives of private business and
             2574      industry. Examples of industries that may be represented on the board include the banking,
             2575      accounting, legal, financial services, and amateur sports industries.
             2576          (5) (a) In making appointments to the authority board, the governor shall consider
             2577      geographical representation.
             2578          (b) A member of the authority board may not hold an elective public office.
             2579          (c) Each board member shall be a resident of the state as defined in Section 20A-2-105 .
             2580          (d) No more than ten board members may have the same political party affiliation and the
             2581      political party affiliation of each board member and any change in that affiliation shall be disclosed
             2582      to the board.
             2583          (e) A member of the authority board, any of its employees, or any employees of the
             2584      department or the Department of Community and Economic Development may not be on the board
             2585      of, be employed by, contract with, or in any way be affiliated with any private entity that is using
             2586      or seeking to use state funds to solicit, attract, organize, schedule, conduct, book, provide, operate,
             2587      or create any public sports event, or that uses or seeks to use any public sports facility, unless any
             2588      affiliation with the private entity is fully disclosed to the authority board and the advisory
             2589      committee in an open and public meeting.
             2590          (6) (a) Except as required by Subsection (6)(b), each board member shall serve a four-year
             2591      term beginning January 1, 1990.
             2592          (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
             2593      of appointment or reappointment, adjust the length of terms to ensure that the terms of authority
             2594      members are staggered so that approximately half of the authority is appointed every two years.
             2595          (7) The governor shall appoint one of the members appointed to a four-year term as the
             2596      chair of the authority board. The members shall elect from among their number a vice chair and
             2597      other officers they may determine. The chair shall serve at the pleasure of the governor.
             2598          (8) (a) The authority board shall meet at least quarterly unless otherwise determined by a
             2599      majority of the members and at other times at the discretion of the chair.
             2600          (b) A majority of the authority board is a quorum for conducting authority business. A


             2601      majority vote of those present is required for any action to be taken by the authority.
             2602          (c) The authority board shall invite the members of the coordination committee and other
             2603      agencies and individuals listed in Subsection (8)(e) to all of its meetings. The authority shall allow
             2604      members of the coordination committee and other agencies and individuals listed in Subsection
             2605      (8)(e) to attend, participate in discussions, and review all materials presented in all meetings of the
             2606      authority.
             2607          (d) The authority shall include at least two members of the coordination committee on
             2608      each subcommittee the authority board may create.
             2609          (e) The authority board shall provide meeting notices, agendas, and minutes of meetings:
             2610          (i) to members of the coordination committee;
             2611          (ii) the governor;
             2612          (iii) the attorney general;
             2613          (iv) the Division of Finance;
             2614          (v) the Department of Administrative Services;
             2615          (vi) the Division of Facilities Construction and Management;
             2616          (vii) the state auditor;
             2617          (viii) the legislative auditor general;
             2618          (ix) the Office of Legislative Research and General Counsel;
             2619          (x) the Office of the Legislative Fiscal Analyst; and
             2620          (xi) the State Olympic Officer.
             2621          (9) (a) Any member may be removed from office with cause by the governor or for cause
             2622      by an affirmative vote of eight members.
             2623          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             2624      appointed for the unexpired term in the same manner as the original appointment, [subject to] with
             2625      the consent of the Senate.
             2626          (c) A member shall continue to hold office until the member's successor has been
             2627      appointed and qualified.
             2628          (d) Any member is eligible for reappointment, but may not serve more than four full
             2629      consecutive terms.
             2630          (10) The authority shall exist as long as it has obligations outstanding and until its
             2631      existence is terminated by law. Upon the termination of the existence of the authority, all its rights


             2632      and properties shall pass to and be vested in the state.
             2633          (11) (a) (i) A member who is not a government employee shall receive no compensation
             2634      or benefits for that member's services, but may receive per diem and expenses incurred in the
             2635      performance of the member's official duties at the rates established by the Division of Finance
             2636      under Sections 63A-3-106 and 63A-3-107 .
             2637          (ii) A member may decline to receive per diem and expenses for the member's service.
             2638          (b) (i) A state government officer or employee member who does not receive salary, per
             2639      diem, or expenses from the officer's or employee's agency for the officer's or employee's service
             2640      may receive per diem and expenses incurred in the performance of the officer's or employee's
             2641      official duties from the authority at the rates established by the Division of Finance under Sections
             2642      63A-3-106 and 63A-3-107 .
             2643          (ii) A state government officer or employee member may decline to receive per diem and
             2644      expenses for the officer's or employee's service.
             2645          (c) (i) A local government member who does not receive salary, per diem, or expenses from
             2646      the entity that the member represents for the service may receive per diem and expenses incurred
             2647      in the performance of the member's official duties at the rates established by the Division of
             2648      Finance under Sections 63A-3-106 and 63A-3-107 .
             2649          (ii) A local government member may decline to receive per diem and expenses for the
             2650      member's service.
             2651          Section 65. Section 63A-10-103 is amended to read:
             2652           63A-10-103. State Olympic Officer -- Creation.
             2653          (1) There is created the position of State Olympic Officer.
             2654          (2) Beginning July 1, 1997:
             2655          (a) The State Olympic Officer shall be [an individual] appointed by the governor with the
             2656      [advice and] consent of the Senate.
             2657          (b) The officer serves at the pleasure of the governor.
             2658          (c) The officer shall be experienced in administration, financial, and legal transactions, and
             2659      coordination of complex organizations.
             2660          (d) The officer shall receive compensation as provided by Title 67, Chapter 22, State
             2661      Officer Compensation.
             2662          (e) The officer may appoint additional staff members with the approval of the governor.


             2663          (f) The Office of Planning and Budget shall provide staff support and physical facilities
             2664      to the coordinator.
             2665          (g) Except as provided in Subsection(3), beginning July 1, 1997, the salary, benefits, and
             2666      administrative costs associated with the officer and individuals appointed by the officer under
             2667      Subsection (2)(e) shall be paid from the Olympics special revenue fund or funds established under
             2668      Section 59-12-103 .
             2669          (3) (a) If there is inadequate monies in the Olympics special revenue fund or funds to pay
             2670      the salary, benefits, and administrative costs described in Subsection (2)(g), the salary, benefits,
             2671      and administrative cost may be paid from the General Fund.
             2672          (b) If monies are paid from the General Fund under Subsection (3)(a), the monies shall be
             2673      reimbursed to the General Fund from the Olympics special revenue fund or funds at such time the
             2674      Olympics special revenue fund or funds has adequate monies to reimburse the General Fund.
             2675          (c) Notwithstanding Subsections (2)(e), (3)(a), and (3)(b), the salary, benefits, or
             2676      administrative costs associated with the officer may not be paid from the sales and tax revenues
             2677      generated by municipalities or counties and deposited under Subsection 59-12-103 (4)(a)(ii).
             2678          Section 66. Section 63C-9-201 is amended to read:
             2679           63C-9-201. State Capitol Preservation Board -- Creation -- Membership.
             2680          (1) There is created the State Capitol Preservation Board.
             2681          (2) The board shall consist of the following 15 members:
             2682          (a) the governor;
             2683          (b) the lieutenant governor;
             2684          (c) the president of the Senate;
             2685          (d) the speaker of the House of Representatives;
             2686          (e) three members appointed by the governor;
             2687          (f) two members of the Senate appointed by the president of the Senate, one from the
             2688      majority party and one from the minority party;
             2689          (g) two members of the House of Representatives appointed by the speaker of the House
             2690      of Representatives, one from the majority party and one from the minority party;
             2691          (h) the chief justice of the Supreme Court or his designee;
             2692          (i) the director of the Division of Archives; and
             2693          (j) an architect and a structural engineer, appointed by the governor with the [advice and]


             2694      consent of the Senate.
             2695          Section 67. Section 63D-1-301 is amended to read:
             2696           63D-1-301. Chief information officer -- Appointment -- Salary.
             2697          (1) The governor shall:
             2698          (a) appoint a chief information officer with the [advice and] consent of the Senate; and
             2699          (b) establish the chief information officer's salary within the salary range fixed by the
             2700      Legislature in Title 67, Chapter 22, State Officer Compensation.
             2701          (2) The chief information officer shall serve at the pleasure of the governor and be housed
             2702      in the Office of Planning and Budget.
             2703          (3) The chief information officer's authority as defined in Section 63D-1-301.5 applies to
             2704      all state agencies.
             2705          Section 68. Section 64-13-3 is amended to read:
             2706           64-13-3. Executive director.
             2707          (1) The executive director shall be appointed by the governor with the [advice and] consent
             2708      of the Senate.
             2709          (2) The executive director shall be experienced and knowledgeable in the field of
             2710      corrections and shall have training in criminology and penology.
             2711          (3) The governor shall establish the executive director's salary within the salary range fixed
             2712      by the Legislature in Title 67, Chapter 22, State Officer Compensation.
             2713          Section 69. Section 64-13-4.1 is amended to read:
             2714           64-13-4.1. Creation of Corrections Advisory Council.
             2715          (1) There is created within the Department of Corrections a Corrections Advisory Council
             2716      consisting of seven members.
             2717          (2) (a) Except as required by Subsection (2)(b), each member shall be appointed by the
             2718      governor for a term of four years[,] with the [advice and] consent of the Senate.
             2719          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
             2720      of appointment or reappointment, adjust the length of terms to ensure that the terms of council
             2721      members are staggered so that approximately half of the council is appointed every two years.
             2722          (c) Each council member shall be a resident of the state. No more than four members may
             2723      be from the same political party and no member may hold any office connected with the
             2724      Department of Corrections.


             2725          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             2726      appointed for the unexpired term with the [advice and] consent of the Senate.
             2727          (4) Membership of the council should be chosen to reflect:
             2728          (a) geographical distribution;
             2729          (b) expertise or personal experience with subject matters in the field of corrections;
             2730          (c) diversity of opinion and political preference; and
             2731          (d) gender, cultural, and ethnic diversity.
             2732          (5) Council members may be appointed for no more than two consecutive terms unless the
             2733      governor considers an additional term is in the best interest of the state.
             2734          (6) (a) Members shall receive no compensation or benefits for their services, but may
             2735      receive per diem and expenses incurred in the performance of the member's official duties at the
             2736      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             2737          (b) Members may decline to receive per diem and expenses for their service.
             2738          (7) A member of the council may not hold any other office in the government of the United
             2739      States or of this state or of any municipal corporation within the state.
             2740          (8) Any member may be removed at any time by the governor for official misconduct,
             2741      habitual or wilful neglect of duty, or for other good and sufficient cause.
             2742          (9) A council member shall disclose any conflict of interest to the council and if the
             2743      conflict involves a direct or financial interest in either the subject under consideration or an entity
             2744      or asset that could be substantially affected by the outcome of council action, the member shall
             2745      refrain from voting on the matter.
             2746          (10) Current members of the Board of Corrections shall continue in office as members of
             2747      the Corrections Advisory Council until expiration of their terms and until their successors are
             2748      chosen.
             2749          Section 70. Section 67-1-1.5 is amended to read:
             2750           67-1-1.5. Gubernatorial appointment powers.
             2751          (1) As used in this section:
             2752          (a) "Board member" means each gubernatorial appointee to any state board, committee,
             2753      commission, council, or authority.
             2754          (b) "Executive branch management position" includes department executive directors,
             2755      division directors, and any other administrative position in state government where the person


             2756      filling the position:
             2757          (i) works full-time performing managerial and administrative functions;
             2758          (ii) is appointed by the governor[; and (iii) must be confirmed by] with the consent of the
             2759      Senate.
             2760          (c) (i) "Executive branch policy position" means any person other than a person filling an
             2761      executive branch management position, who[: (A)] is appointed by the governor[; and (B) must
             2762      be confirmed by] with the consent of the Senate.
             2763          (ii) "Executive branch policy position" includes each member of any state board and
             2764      commission appointed by the governor [and confirmed by] with the consent of the Senate.
             2765          (2) (a) Whenever a vacancy occurs in any executive branch policy position or in any
             2766      executive branch management position, the governor shall submit the name of a nominee to the
             2767      Senate for [confirmation] consent no later than three months after the date on which the vacancy
             2768      occurred.
             2769          (b) If the Senate fails to [confirm] consent to that person, the governor shall submit the
             2770      name of another nominee to the Senate for [confirmation] consent no later than one month after
             2771      the date on which the nomination was rejected by the Senate.
             2772          (3) (a) Whenever a vacancy occurs in any executive branch management position, the
             2773      governor may either:
             2774          (i) appoint an interim manager who meets the qualifications of the vacant position to
             2775      exercise the powers and duties of the vacant position for three months, pending [confirmation]
             2776      consent of a person to permanently fill that position by the Senate; or
             2777          (ii) appoint an interim manager who does not meet the qualifications of the vacant position
             2778      and submit that person's name to the Senate for [confirmation] consent as interim manager within
             2779      one month of the appointment.
             2780          (b) If the Senate fails to [confirm] consent to the interim manager appointed under
             2781      Subsection (3)(a)(ii), the governor may appoint another interim manager under Subsection (3)(a).
             2782          (c) If, after an interim manager has served three months, no one has been appointed and
             2783      [confirmed] received Senate consent to permanently fill the position, the governor shall:
             2784          (i) appoint a new interim manager who meets the qualifications of the vacant position to
             2785      exercise the powers and duties of the vacant position for three months; or
             2786          (ii) submit the name of the first interim manager to the Senate for [confirmation] consent


             2787      as an interim manager for a three-month term.
             2788          (4) The governor may not make a temporary appointment to fill a vacant executive branch
             2789      policy position.
             2790          (5) (a) Before appointing any person to serve as a board member, the governor shall ask
             2791      the person whether or not the person wishes to receive per diem, expenses, or both for serving as
             2792      a board member.
             2793          (b) If the person declines to receive per diem, expenses, or both, the governor shall notify
             2794      the agency administering the board, commission, committee, council, or authority and direct the
             2795      agency to implement the board member's request.
             2796          Section 71. Section 67-1-2.5 is amended to read:
             2797           67-1-2.5. Data bases for executive boards.
             2798          (1) As used in this section, "executive board" means any executive branch board,
             2799      commission, council, committee, working group, task force, study group, advisory group, or other
             2800      body with a defined limited membership that is created to operate for more than six months by the
             2801      constitution, by statute, by executive order, by the governor, lieutenant governor, attorney general,
             2802      state auditor, or state treasurer or by the head of a department, division, or other administrative
             2803      subunit of the executive branch of state government.
             2804          (2) The governor shall designate a person from his staff to maintain a computerized data
             2805      base containing information about all executive boards.
             2806          (3) The person designated to maintain the data base shall ensure that the data base
             2807      contains:
             2808          (a) the name of each executive board;
             2809          (b) the statutory or constitutional authority for the creation of the executive board;
             2810          (c) the sunset date on which each executive board's statutory authority expires;
             2811          (d) the state officer or department and division of state government under whose
             2812      jurisdiction the executive board operates or with which the executive board is affiliated, if any;
             2813          (e) the name, address, gender, telephone number, and county of each person currently
             2814      serving on the executive board, along with a notation of all vacant or unfilled positions;
             2815          (f) the title of the position held by the person who appointed each member of the executive
             2816      board;
             2817          (g) the length of the term to which each member of the executive board was appointed and


             2818      the month and year that each executive board member's term expires;
             2819          (h) whether or not members appointed to the executive board require [confirmation by the
             2820      Utah] consent of the Senate;
             2821          (i) the organization, interest group, profession, local government entity, or geographic area
             2822      that the person represents, if any;
             2823          (j) the person's party affiliation, if the statute or executive order creating the position
             2824      requires representation from political parties;
             2825          (k) whether the executive board is a policy board or an advisory board;
             2826          (l) whether or not the executive board has or exercises rulemaking authority; and
             2827          (m) any compensation and expense reimbursement that members of the executive board
             2828      are authorized to receive.
             2829          (4) The person designated to maintain the data base shall:
             2830          (a) make the information contained in the data base available to the public upon request;
             2831      and
             2832          (b) cooperate with other entities of state government to publish the data or useful
             2833      summaries of the data.
             2834          (5) (a) The person designated to maintain the data base shall prepare, publish, and
             2835      distribute an annual report by December 1 of each year that includes, as of November 1 of that
             2836      year:
             2837          (i) the total number of executive boards;
             2838          (ii) the name of each of those executive boards and the state officer or department and
             2839      division of state government under whose jurisdiction the executive board operates or with which
             2840      the executive board is affiliated, if any;
             2841          (iii) for each state officer and each department and division, the total number of executive
             2842      boards under the jurisdiction of or affiliated with that officer, department, and division;
             2843          (iv) the total number of members for each of those executive boards;
             2844          (v) whether or not some or all of the members of each of those executive boards are
             2845      approved by the [Utah] Senate;
             2846          (vi) whether each board is a policymaking board or an advisory board and the total number
             2847      of policy boards and the total number of advisory boards; and
             2848          (vii) the compensation, if any, paid to the members of each of those executive boards.


             2849          (b) The person designated to maintain the data bases shall distribute copies of the report
             2850      to:
             2851          (i) the governor;
             2852          (ii) the president of the [Utah] Senate;
             2853          (iii) the speaker of the [Utah] House;
             2854          (iv) the Office of Legislative Research and General Counsel; and
             2855          (v) any other persons who request a copy of the annual report.
             2856          Section 72. Section 67-1-3 is amended to read:
             2857           67-1-3. Removal of gubernatorial appointee.
             2858          [All officers who are or shall be appointed by the governor alone, or by the governor by and
             2859      with the consent of the Senate, may,]
             2860          (1) Any time during a recess of the Legislature, the governor may remove any
             2861      gubernatorial appointee for official misconduct, habitual or willful neglect of duty, or for other
             2862      good and sufficient cause[, at any time during the recess of the Legislature be removed, and the
             2863      vacancy filled during such recess by the governor].
             2864          (2) If the appointment required consent of the Senate, the governor may fill the vacancy
             2865      created by the removal by following the procedures and requirements of Section 67-1-1.5 .
             2866          Section 73. Section 67-1a-2 is amended to read:
             2867           67-1a-2. Duties enumerated.
             2868          The duties of the lieutenant governor are:
             2869          (1) to perform such duties as may be delegated by the governor, including but not limited
             2870      to assignments to serve in any of the following capacities:
             2871          (a) as the head of any one department, if so qualified, with the [advice and] consent of the
             2872      Senate, and upon such an appointment, the lieutenant governor shall serve at the pleasure of the
             2873      governor and without additional compensation;
             2874          (b) as the chairperson of any cabinet group organized by the governor or authorized by law
             2875      for the purpose of advising the governor or coordinating intergovernmental or interdepartmental
             2876      policies or programs;
             2877          (c) as liaison between the governor and the state Legislature to coordinate and facilitate
             2878      the governor's programs and budget requests;
             2879          (d) as liaison between the governor and other officials of local, state, federal, and


             2880      international governments or any other political entities to coordinate, facilitate, and protect the
             2881      interests of the state [of Utah];
             2882          (e) as personal advisor to the governor, including advice on policies, programs,
             2883      administrative and personnel matters, and fiscal or budgetary matters;
             2884          (f) as chairperson or member of any temporary or permanent boards, councils,
             2885      commissions, committees, task forces, or other group appointed by the governor;
             2886          (2) to serve on all boards and commissions in lieu of the governor, whenever so designated
             2887      by the governor;
             2888          (3) to serve as the chief election officer of the state. As the chief election officer, the
             2889      lieutenant governor shall not assume the responsibilities assigned to the county clerks, city
             2890      recorders, town clerks, or other local election officials by the Legislature, nor become involved
             2891      with the procurement of ballots. The county clerks, city recorders, town clerks, or other election
             2892      officials shall determine the listing of the political parties on their local ballots. The lieutenant
             2893      governor shall perform the following duties:
             2894          (a) assist county clerks in unifying the election ballot;
             2895          (b) prepare election information for the public and make such information available to the
             2896      news media;
             2897          (c) receive and answer election questions and maintain an election file on opinions
             2898      received from the attorney general;
             2899          (d) maintain election returns and statistics;
             2900          (e) certify to the governor the names of those persons who have received in any election
             2901      the highest number of votes for any office, the incumbent of which is commissioned by the
             2902      governor; and
             2903          (f) perform any other election duties formerly assigned to the secretary of state;
             2904          (4) to keep custody of the Great Seal of the state of Utah; to keep a register of, and attest,
             2905      the official acts of the governor; and to affix the Great Seal, with an attestation, to all official
             2906      documents and instruments to which the official signature of the governor is required; and
             2907          (5) to furnish on request, to any person paying the fees therefor, a certified copy of all or
             2908      any part of any law, record, or other instrument filed, deposited, or recorded in the office of the
             2909      lieutenant governor.
             2910          Section 74. Section 67-19-5 is amended to read:


             2911           67-19-5. Department of Human Resource Management created -- Director --
             2912      Compensation -- Staff.
             2913          (1) There is created the Department of Human Resource Management.
             2914          (2) (a) The department shall be administered by a director appointed by the governor with
             2915      the [advice and] consent of the Senate.
             2916          (b) The director shall be a person with experience in personnel management and shall be
             2917      accountable to the governor for his performance in office.
             2918          (c) The governor shall establish the director's salary within the salary range fixed by the
             2919      Legislature in Title 67, Chapter 22, State Officer Compensation.
             2920          (3) The director may:
             2921          (a) appoint a personal secretary and, with the approval of the governor, a deputy director,
             2922      both of whom shall be exempt from career service; and
             2923          (b) appoint division directors and program managers who may be career service exempt.
             2924          Section 75. Section 68-4-6 is amended to read:
             2925           68-4-6. Vacancies.
             2926          (1) Upon the death, resignation, failure, or refusal to serve of the commissioners appointed
             2927      under Subsection 68-4-6 (2), or if the legislative member ceases to be a member of the Legislature,
             2928      his office becomes vacant; and the governor shall, [by and] with the consent of the Senate, make
             2929      an appointment to fill the vacancy, such appointment to be for the unexpired term of the
             2930      commissioner creating the vacancy.
             2931          (2) The commissioner who is the Legislature's general counsel or designee shall serve only
             2932      during that appointment as the Legislature's general counsel.
             2933          Section 76. Section 72-1-202 is amended to read:
             2934           72-1-202. Executive director of department -- Appointment -- Qualifications -- Term
             2935      -- Responsibility -- Power to bring suits -- Salary.
             2936          (1) (a) The governor, with recommendations from the commission and with the [advice
             2937      and] consent of the Senate, shall appoint an executive director to be the chief executive officer of
             2938      the department.
             2939          (b) The executive director shall be a qualified executive with technical and administrative
             2940      experience and training appropriate for the position.
             2941          (c) The executive director shall remain in office until a successor is appointed.


             2942          (d) The executive director may be removed by the governor.
             2943          (2) In addition to the other functions, powers, duties, rights, and responsibilities prescribed
             2944      in this chapter, the executive director shall:
             2945          (a) have responsibility for the administrative supervision of the state transportation systems
             2946      and the various operations of the department;
             2947          (b) have the responsibility for the implementation of rules, priorities, and policies
             2948      established by the department and the commission;
             2949          (c) have full power to bring suit in courts of competent jurisdiction in the name of the
             2950      department as the executive director considers reasonable and necessary for the proper attainment
             2951      of the goals of this chapter;
             2952          (d) receive a salary, to be established by the governor within the salary range fixed by the
             2953      Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling
             2954      expenses while away from the executive director's office on official business; and
             2955          (e) purchase all necessary equipment and supplies for the department.
             2956          Section 77. Section 72-1-301 is amended to read:
             2957           72-1-301. Transportation Commission created -- Members, appointment, terms --
             2958      Qualifications -- Pay and expenses -- Chair -- Quorum -- Surety bond.
             2959          (1) (a) There is created the Transportation Commission which shall consist of seven
             2960      members.
             2961          (b) The members of the commission shall be residents of Utah.
             2962          (c) No more than four of the commissioners shall be members of any one political party.
             2963          (d) (i) The commissioners shall be appointed by the governor, with the [advice and]
             2964      consent of the Senate, for a term of six years, [commencing] beginning on April 1 of
             2965      odd-numbered years, except as provided under Subsection (1)(d)(ii).
             2966          (ii) The first two additional commissioners serving on the seven member commission shall
             2967      be appointed for terms of two years nine months and four years nine months, respectively, initially
             2968      commencing on July 1, 1996, and subsequently commencing as specified under Subsection
             2969      (1)(d)(i).
             2970          (e) The commissioners serve on a part-time basis.
             2971          (f) Each commissioner shall remain in office until a successor is appointed and qualified.
             2972          (2) The selection of the commissioners shall be as follows:


             2973          (a) one commissioner from Box Elder, Cache, or Rich county;
             2974          (b) one commissioner from Salt Lake or Tooele county;
             2975          (c) one commissioner from Carbon, Emery, Grand, or San Juan county;
             2976          (d) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete, Sevier,
             2977      Washington, or Wayne county;
             2978          (e) one commissioner from Weber, Davis, or Morgan county;
             2979          (f) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or Daggett
             2980      county; and
             2981          (g) one commissioner selected from the state at large.
             2982          (3) (a) Members appointed before May 2, 1996, shall continue to receive the
             2983      compensation, per diem, expenses, and benefits they were receiving as of January 1, 1996.
             2984          (b) Members appointed after May 2, 1996, shall receive no compensation or benefits for
             2985      their services, but may receive per diem and expenses incurred in the performance of the member's
             2986      official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             2987      63A-3-107 .
             2988          (c) Members may decline to receive compensation, benefits, per diem, and expenses for
             2989      their service.
             2990          (4) (a) One member of the commission shall be designated by the governor as chair.
             2991          (b) The commission shall select one member as vice chair to act in the chair's absence.
             2992          (5) Any four commissioners constitute a quorum.
             2993          (6) (a) Each member of the commission shall qualify by:
             2994          (i) taking the constitutional oath of office; and
             2995          (ii) giving a surety bond.
             2996          (b) The Division of Finance of the Department of Administrative Services shall determine
             2997      the form and amount of the bond, and the state shall pay the bond premium.
             2998          Section 78. Section 72-7-109 is amended to read:
             2999           72-7-109. Telecommunications Advisory Council -- Membership -- Duties.
             3000          (1) As used in this section:
             3001          (a) "Council" means the Telecommunications Advisory Council created in this section.
             3002          (b) "Statewide telecommunications purposes" has the same meaning provided in Section
             3003      72-7-108 .


             3004          (2) (a) There is created within the department the Telecommunication Advisory Council
             3005      consisting of six members who represent:
             3006          (i) the governor's chief advisor on telecommunications;
             3007          (ii) the Public Service Commission;
             3008          (iii) the department;
             3009          (iv) the Utah Education Network;
             3010          (v) the Division of Purchasing and General Services within the Department of
             3011      Administrative Services; and
             3012          (vi) the Division of Public Utilities within the Department of Commerce.
             3013          (b) The members shall be appointed by the governor [and confirmed by] with the consent
             3014      of the Senate.
             3015