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H.B. 224 Enrolled

                 

PERMANENT COMMUNITY IMPACT FUND -

                 
BOARD MEMBERSHIP

                 
2005 GENERAL SESSION

                 
STATE OF UTAH

                 
Chief Sponsor: John G. Mathis

                 
Senate Sponsor: Beverly Ann Evans

                 
                  LONG TITLE
                  General Description:
                      This bill modifies the membership of the Permanent Community Impact Fund Board.
                  Highlighted Provisions:
                      This bill:
                      .    removes representatives of the Utah State Board of Education and the Utah State
                  Board of Regents from the Permanent Community Impact Fund Board; and
                      .    provides representation on the Permanent Community Impact Board from the two
                  counties producing the most mineral lease monies over the previous four-year
                  period as determined by the Department of Community and Economic
                  Development.
                  Monies Appropriated in this Bill:
                      None
                  Other Special Clauses:
                      None
                  Utah Code Sections Affected:
                  AMENDS:
                      9-4-304, as last amended by Chapter 176, Laws of Utah 2002
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 9-4-304 is amended to read:
                       9-4-304. Permanent Community Impact Fund Board created -- Members --


                  Terms -- Chair -- Expenses.
                      (1) There is created within the Department of Community and Economic Development
                  the Permanent Community Impact Fund Board composed of 11 members as follows:
                      (a) the chair of the Board of Water Resources or the chair's designee;
                      (b) the chair of the Water Quality Board or the chair's designee;
                      (c) the director of the department or the director's designee;
                      [(d) the chair of the State Board of Education or the chair's designee;]
                      [(e) the chair of the State Board of Regents or the chair's designee;]
                      [(f)] (d) the state treasurer;
                      [(g)] (e) the chair of the Transportation Commission or the chair's designee;
                      [(h)] (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan
                  County;
                      [(i)] (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
                  Wayne County;
                      [(j)] (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
                  [and]
                      [(k)] (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or
                  Kane County[.]; and
                      (j) a locally elected official from each of the two counties that produced the most mineral
                  lease monies during the previous four-year period, prior to the term of appointment, as
                  determined by the Department of Community and Economic Development.
                      (2) (a) The members specified under Subsections (1)[(h)](f) through (1)[(k)](j) may not
                  reside in the same county and shall be:
                      (i) nominated by the Board of Directors of the Southeastern Association of Governments,
                  Central Utah Association of Governments, Uintah Basin Association of Governments, and
                  Southwestern Association of Governments, respectively[;], except that a member under
                  Subsection (1)(j) shall be nominated by the Board of Directors of the Association of
                  Governments from the region of the state in which the county is located and


                      (ii) appointed by the governor with the consent of the Senate.
                      [(iii)] (b) Except as required by Subsection (2)[(a)(iv)](c), as terms of current board
                  members expire, the governor shall appoint each new member or reappointed member to a
                  four-year term.
                      [(iv)] (c) Notwithstanding the requirements of Subsection (2)[(a)(iii)](b), the governor
                  shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
                  terms of board members are staggered so that approximately half of the board is appointed every
                  two years.
                      [(b)] (d) When a vacancy occurs in the membership for any reason, the replacement shall
                  be appointed for the unexpired term.
                      (3) The terms of office for the members of the impact board specified under Subsections
                  (1)(a) through (1)[(g)](e) shall run concurrently with the terms of office for the councils, boards,
                  committees, commission, departments, or offices from which the members come.
                      (4) The executive director of the department, or the executive director's designee, shall
                  be the chair of the impact board.
                      (5) (a) (i) Members who are not government employees shall receive no compensation or
                  benefits for their services, but may receive per diem and expenses incurred in the performance of
                  the member's official duties at the rates established by the Division of Finance under Sections
                  63A-3-106 and 63A-3-107 .
                      (ii) Members may decline to receive per diem and expenses for their service.
                      (b) (i) State government officer and employee members who do not receive salary, per
                  diem, or expenses from their agency for their service may receive per diem and expenses incurred
                  in the performance of their official duties from the board at the rates established by the Division
                  of Finance under Sections 63A-3-106 and 63A-3-107 .
                      (ii) State government officer and employee members may decline to receive per diem
                  and expenses for their service.
                      [(c) (i) Higher education members who do not receive salary, per diem, or expenses from
                  the entity that they represent for their service may receive per diem and expenses incurred in the


                  performance of their official duties from the committee at the rates established by the Division of
                  Finance under Sections 63A-3-106 and 63A-3-107 .]
                      [(ii) Higher education members may decline to receive per diem and expenses for their
                  service.]
                      [(d)] (c) (i) Local government members who do not receive salary, per diem, or expenses
                  from the entity that they represent for their service may receive per diem and expenses incurred
                  in the performance of their official duties at the rates established by the Division of Finance
                  under Sections 63A-3-106 and 63A-3-107 .
                      (ii) Local government members may decline to receive per diem and expenses for their
                  service.


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