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.