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H.B. 27 Enrolled

             1     

PER DIEM AND TRAVEL EXPENSE

             2     
MODIFICATIONS

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Craig A. Frank

             6     
Senate Sponsor: Peter C. Knudson

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies per diem and travel expense language used for boards, commissions,
             11      councils, and committees.
             12      Highlighted Provisions:
             13          This bill:
             14          .    replaces language used to describe per diem and travel expenses for members of
             15      boards, commissions, councils, and committees with standardized language
             16      referencing primary provisions for per diem and travel expenses; and
             17          .    makes technical changes.
             18      Monies Appropriated in this Bill:
             19          None
             20      Other Special Clauses:
             21          None
             22      Utah Code Sections Affected:
             23      AMENDS:
             24          4-2-7, as last amended by Laws of Utah 2005, Chapter 175
             25          4-2-8, as last amended by Laws of Utah 1993, Chapter 212
             26          4-14-10, as last amended by Laws of Utah 1997, Chapter 82
             27          4-17-3.5, as last amended by Laws of Utah 1997, Chapter 82
             28          4-18-4, as last amended by Laws of Utah 2008, Chapter 156
             29          4-20-1.5, as last amended by Laws of Utah 2008, Chapters 360 and 382


             30          4-22-3, as last amended by Laws of Utah 1996, Chapter 243
             31          4-23-4, as last amended by Laws of Utah 1996, Chapter 243
             32          4-24-4, as last amended by Laws of Utah 1996, Chapter 243
             33          4-30-2, as last amended by Laws of Utah 1999, Chapter 298
             34          4-35-3, as last amended by Laws of Utah 1996, Chapter 243
             35          4-37-503, as last amended by Laws of Utah 2008, Chapter 69
             36          4-37-602, as last amended by Laws of Utah 2008, Chapter 382
             37          4-38-3, as last amended by Laws of Utah 1997, Chapter 82
             38          4-39-104, as enacted by Laws of Utah 1997, Chapter 302
             39          7-1-203, as last amended by Laws of Utah 2006, Chapter 14
             40          7-3-40, as enacted by Laws of Utah 2000, Chapter 260
             41          7-9-43, as last amended by Laws of Utah 1996, Chapter 243
             42          9-1-803, as last amended by Laws of Utah 2009, Chapter 59
             43          9-3-403, as last amended by Laws of Utah 2009, Chapter 356
             44          9-4-304, as last amended by Laws of Utah 2005, Chapters 130 and 148
             45          9-4-503, as last amended by Laws of Utah 2005, Chapter 170
             46          9-4-703, as last amended by Laws of Utah 2006, Chapter 14
             47          9-4-801, as last amended by Laws of Utah 2005, Chapter 148
             48          9-4-904, as last amended by Laws of Utah 2006, Chapter 23
             49          9-6-204, as last amended by Laws of Utah 2002, Chapter 176
             50          9-6-305, as last amended by Laws of Utah 1996, Chapter 243
             51          9-6-604, as renumbered and amended by Laws of Utah 2006, Chapter 24
             52          9-6-704, as enacted by Laws of Utah 2006, Chapter 229
             53          9-7-204, as last amended by Laws of Utah 1996, Chapters 194 and 243
             54          9-8-204, as last amended by Laws of Utah 2002, Chapter 176
             55          9-9-104.5, as last amended by Laws of Utah 2006, Chapters 14 and 118
             56          9-9-104.6, as last amended by Laws of Utah 2006, Chapter 118
             57          9-9-405, as last amended by Laws of Utah 2008, Chapter 114


             58          9-10-103, as last amended by Laws of Utah 1996, Chapter 243
             59          9-11-105, as last amended by Laws of Utah 2008, Chapters 202 and 382
             60          10-6-153, as last amended by Laws of Utah 2003, Chapter 292
             61          11-38-201, as last amended by Laws of Utah 2005, Chapter 138
             62          13-14-103, as last amended by Laws of Utah 2008, Chapter 362
             63          13-35-103, as last amended by Laws of Utah 2005, Chapter 268
             64          13-43-202, as enacted by Laws of Utah 2006, Chapter 258
             65          17-36-5, as last amended by Laws of Utah 1996, Chapters 212 and 243
             66          17B-1-307, as renumbered and amended by Laws of Utah 2007, Chapter 329
             67          19-2-103, as last amended by Laws of Utah 2009, Chapter 356
             68          19-2-109.2, as last amended by Laws of Utah 1996, Chapter 243
             69          19-3-103, as last amended by Laws of Utah 2002, Chapters 176 and 297
             70          19-4-103, as last amended by Laws of Utah 2008, Chapter 250
             71          19-5-103, as last amended by Laws of Utah 2008, Chapters 250 and 336
             72          19-6-103, as last amended by Laws of Utah 2002, Chapter 176
             73          19-9-104, as last amended by Laws of Utah 2005, Chapter 148
             74          20A-5-402.7, as enacted by Laws of Utah 2005, First Special Session, Chapter 5
             75          23-14-2, as last amended by Laws of Utah 2009, Chapter 344
             76          23-14-2.6, as last amended by Laws of Utah 1997, Chapter 276
             77          26-1-7.5, as last amended by Laws of Utah 2009, Chapter 75
             78          26-8a-103, as last amended by Laws of Utah 2001, Chapter 228
             79          26-9f-103, as last amended by Laws of Utah 2009, Chapter 75
             80          26-10-6, as last amended by Laws of Utah 1998, Chapter 162
             81          26-18-102, as last amended by Laws of Utah 1996, Chapter 243
             82          26-18a-2, as last amended by Laws of Utah 2009, Chapter 75
             83          26-21-4, as repealed and reenacted by Laws of Utah 1996, Chapter 243
             84          26-33a-103, as last amended by Laws of Utah 2006, Chapter 14
             85          26-40-104, as last amended by Laws of Utah 2001, Chapters 53 and 116


             86          26-46-103, as last amended by Laws of Utah 2009, Chapter 97
             87          26-50-202, as last amended by Laws of Utah 2009, Chapter 75
             88          31A-2-403, as last amended by Laws of Utah 2008, Chapter 345
             89          31A-29-104, as last amended by Laws of Utah 2007, Chapter 40
             90          31A-35-201, as last amended by Laws of Utah 2007, Chapter 307
             91          32A-1-106, as last amended by Laws of Utah 2007, Chapter 284
             92          34-20-3, as last amended by Laws of Utah 2002, Chapter 176
             93          34A-2-107, as last amended by Laws of Utah 2009, Chapter 85
             94          34A-5-105, as last amended by Laws of Utah 2003, Chapter 65
             95          34A-6-106, as last amended by Laws of Utah 2002, Chapter 104
             96          35A-1-205, as last amended by Laws of Utah 2006, Chapter 139
             97          35A-1-206, as last amended by Laws of Utah 2005, Chapter 148
             98          35A-2-103, as last amended by Laws of Utah 2002, Chapter 58
             99          35A-3-205, as last amended by Laws of Utah 2005, Chapters 81 and 148
             100          35A-4-502, as last amended by Laws of Utah 2008, Chapter 382
             101          36-2-4, as last amended by Laws of Utah 2003, Chapter 16
             102          36-23-104, as last amended by Laws of Utah 2008, Chapter 218
             103          36-26-102, as last amended by Laws of Utah 2007, Chapter 306
             104          39-2-1, as last amended by Laws of Utah 1997, Chapter 10
             105          40-2-203, as enacted by Laws of Utah 2008, Chapter 113
             106          40-2-204, as renumbered and amended by Laws of Utah 2008, Chapter 113
             107          40-6-4, as last amended by Laws of Utah 2009, Chapter 344
             108          41-3-106, as last amended by Laws of Utah 1996, Chapter 243
             109          49-11-202, as last amended by Laws of Utah 2003, Chapter 240
             110          51-7-16, as last amended by Laws of Utah 2002, Chapter 176
             111          51-7a-301, as enacted by Laws of Utah 2006, Chapter 277
             112          53-2-108, as last amended by Laws of Utah 2007, Chapter 66
             113          53-3-303, as last amended by Laws of Utah 2001, Chapter 85


             114          53-3-908, as last amended by Laws of Utah 1996, Chapter 243
             115          53-5-703, as last amended by Laws of Utah 1997, Chapters 10 and 280
             116          53-6-106, as last amended by Laws of Utah 2003, Chapter 292
             117          53-7-203, as last amended by Laws of Utah 2001, Chapter 25
             118          53-7-304, as last amended by Laws of Utah 2001, Chapter 25
             119          53-8-203, as last amended by Laws of Utah 2008, Chapter 251
             120          53-9-104, as last amended by Laws of Utah 1998, Chapter 212
             121          53-11-104, as enacted by Laws of Utah 1998, Chapter 257
             122          53A-1-202, as last amended by Laws of Utah 1997, Chapter 314
             123          53A-1a-501.5, as enacted by Laws of Utah 2004, Chapter 251
             124          53A-1a-602, as last amended by Laws of Utah 2008, Chapter 382
             125          53A-6-802, as enacted by Laws of Utah 2008, Chapter 144
             126          53A-20b-103, as enacted by Laws of Utah 2007, Chapter 167
             127          53A-25b-203, as enacted by Laws of Utah 2009, Chapter 294
             128          53B-1-104, as last amended by Laws of Utah 2009, Chapter 346
             129          53B-2-104, as last amended by Laws of Utah 2007, Chapter 356
             130          53B-2a-103, as last amended by Laws of Utah 2009, Chapter 346
             131          53B-2a-109, as last amended by Laws of Utah 2009, Chapter 346
             132          53B-6-105.5, as last amended by Laws of Utah 2009, Chapter 210
             133          53B-17-102, as last amended by Laws of Utah 2006, Chapter 150
             134          53B-17-803, as enacted by Laws of Utah 2007, Chapter 232
             135          53C-1-203, as last amended by Laws of Utah 2000, Chapter 237
             136          54-8a-13, as enacted by Laws of Utah 2008, Chapter 344
             137          54-10a-202, as renumbered and amended by Laws of Utah 2009, Chapter 237
             138          54-14-301, as last amended by Laws of Utah 2007, Chapter 242
             139          58-1-201, as last amended by Laws of Utah 1997, Chapter 10
             140          58-1-402, as last amended by Laws of Utah 2008, Chapter 382
             141          58-54-3, as last amended by Laws of Utah 1996, Chapters 232 and 243


             142          58-55-103, as last amended by Laws of Utah 2009, Chapter 183
             143          58-56-5, as last amended by Laws of Utah 2009, Chapter 339
             144          59-1-905, as last amended by Laws of Utah 1996, Chapter 243
             145          61-1-18.5, as last amended by Laws of Utah 2009, Chapter 351
             146          61-2-5.5, as last amended by Laws of Utah 2008, Chapter 387
             147          61-2b-7, as last amended by Laws of Utah 2007, Chapter 325
             148          61-2c-104, as last amended by Laws of Utah 2009, Chapters 352 and 372
             149          62A-1-107, as last amended by Laws of Utah 2009, Chapter 75
             150          62A-3-107, as last amended by Laws of Utah 2009, Chapter 75
             151          62A-4a-311, as last amended by Laws of Utah 2009, Chapter 75
             152          62A-5a-103, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
             153          62A-7-501, as renumbered and amended by Laws of Utah 2005, Chapter 13
             154          62A-15-605, as last amended by Laws of Utah 2003, Chapter 171
             155          63A-3-403, as last amended by Laws of Utah 2009, Chapter 310
             156          63A-5-101, as last amended by Laws of Utah 2003, Chapter 16
             157          63A-9-301, as last amended by Laws of Utah 2003, Chapter 5
             158          63B-1-201, as last amended by Laws of Utah 1996, Chapter 243
             159          63B-1-304, as renumbered and amended by Laws of Utah 2003, Chapter 86
             160          63C-4-101, as last amended by Laws of Utah 2009, Chapter 121
             161          63C-6-103, as last amended by Laws of Utah 1996, Chapter 243
             162          63C-8-103, as enacted by Laws of Utah 1997, Chapter 202
             163          63C-9-202, as last amended by Laws of Utah 2006, Chapter 256
             164          63C-9-702, as last amended by Laws of Utah 2003, Chapter 66
             165          63C-10-102, as last amended by Laws of Utah 2008, Chapter 33
             166          63C-11-201, as repealed and reenacted by Laws of Utah 2009, Chapter 369
             167          63F-1-202, as enacted by Laws of Utah 2005, Chapter 169
             168          63G-2-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
             169          63G-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 382


             170          63G-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
             171          63G-6-807, as renumbered and amended by Laws of Utah 2008, Chapter 382
             172          63H-2-202, as enacted by Laws of Utah 2009, Chapter 378
             173          63I-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 147
             174          63J-4-502, as last amended by Laws of Utah 2009, Chapter 344
             175          63K-3-201, as last amended by Laws of Utah 2009, Chapter 65
             176          63K-3-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
             177          63M-1-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
             178          63M-1-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
             179          63M-1-1205, as last amended by Laws of Utah 2008, Chapter 18 and renumbered and
             180      amended by Laws of Utah 2008, Chapter 382
             181          63M-1-1402, as renumbered and amended by Laws of Utah 2008, Chapter 382
             182          63M-1-1503, as renumbered and amended by Laws of Utah 2008, Chapter 382
             183          63M-1-2611, as enacted by Laws of Utah 2008, Chapter 352
             184          63M-1-2706, as enacted by Laws of Utah 2008, Chapter 50
             185          63M-2-301, as last amended by Laws of Utah 2009, Chapter 242
             186          63M-2-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
             187          63M-7-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
             188          63M-7-304, as last amended by Laws of Utah 2008, Chapter 31 and renumbered and
             189      amended by Laws of Utah 2008, Chapter 382
             190          63M-7-405, as renumbered and amended by Laws of Utah 2008, Chapter 382
             191          63M-7-504, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
             192      amended by Laws of Utah 2008, Chapter 382
             193          63M-8-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
             194          63M-9-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
             195          63M-9-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
             196          65A-1-3, as last amended by Laws of Utah 2009, Chapter 344
             197          65A-8-306, as renumbered and amended by Laws of Utah 2007, Chapter 136


             198          67-1-8.1, as last amended by Laws of Utah 1996, Chapter 243
             199          67-1a-10, as enacted by Laws of Utah 2006, Chapter 142
             200          67-5a-8, as last amended by Laws of Utah 2008, Chapter 382
             201          67-8-4, as last amended by Laws of Utah 2007, Chapter 34
             202          67-19a-201, as last amended by Laws of Utah 1996, Chapters 194 and 243
             203          67-19d-202, as enacted by Laws of Utah 2007, Chapter 99
             204          68-4-5, as last amended by Laws of Utah 2007, Chapter 91
             205          68-4-9, as last amended by Laws of Utah 2007, Chapter 91
             206          71-7-4, as last amended by Laws of Utah 2007, Chapter 173
             207          71-8-4, as last amended by Laws of Utah 2007, Chapter 173
             208          71-11-7, as last amended by Laws of Utah 2007, Chapter 173
             209          72-1-301, as last amended by Laws of Utah 2009, Chapter 364
             210          72-4-302, as last amended by Laws of Utah 2009, Chapter 393
             211          72-6-115, as last amended by Laws of Utah 2001, Chapter 27
             212          72-9-201, as renumbered and amended by Laws of Utah 1998, Chapter 270
             213          72-11-204, as last amended by Laws of Utah 2009, Chapter 344
             214          73-10-2, as last amended by Laws of Utah 2009, Chapter 344
             215          73-10c-3, as last amended by Laws of Utah 2005, Chapter 148
             216          73-16-4, as last amended by Laws of Utah 1983, Chapter 320
             217          77-32-401, as last amended by Laws of Utah 2000, Chapter 1
             218          77-32-401.5, as last amended by Laws of Utah 2004, Chapter 90
             219          78A-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 3
             220          78A-6-1208, as renumbered and amended by Laws of Utah 2008, Chapter 3
             221          78A-12-202, as enacted by Laws of Utah 2008, Chapter 248
             222          78B-3-416, as renumbered and amended by Laws of Utah 2008, Chapter 3
             223          79-3-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
             224          79-4-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
             225          79-5-202, as renumbered and amended by Laws of Utah 2009, Chapter 344


             226      REPEALS AND REENACTS:
             227          26-39-202, as enacted by Laws of Utah 2008, Chapter 111
             228          63C-12-105, as enacted by Laws of Utah 2009, Chapter 262
             229          63I-3-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
             230          63M-7-207, as renumbered and amended by Laws of Utah 2008, Chapter 382
             231          63M-7-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
             232          63M-11-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
             233          67-5a-3, as repealed and reenacted by Laws of Utah 1996, Chapter 243
             234          78A-10-205, as enacted by Laws of Utah 2008, Chapter 3
             235          78A-10-305, as enacted by Laws of Utah 2008, Chapter 3
             236          78A-11-104, as enacted by Laws of Utah 2008, Chapter 3
             237          78B-12-403, as enacted by Laws of Utah 2008, Chapter 3
             238     
             239      Be it enacted by the Legislature of the state of Utah:
             240          Section 1. Section 4-2-7 is amended to read:
             241           4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility --
             242      Terms of office -- Compensation.
             243          (1) There is created the Agricultural Advisory Board composed of 13 members
             244      representing each of the following:
             245          (a) Utah Farm Bureau Federation;
             246          (b) Utah Farmers Union;
             247          (c) Utah Cattlemen's Association;
             248          (d) Utah Wool Growers' Association;
             249          (e) Utah Dairymen's Association;
             250          (f) Utah Pork Producer's Association;
             251          (g) Utah Veterinary Medical Association;
             252          (h) Livestock Auction Marketing Association;
             253          (i) Utah Association of Conservation Districts;


             254          (j) the Utah horse industry;
             255          (k) the food processing industry;
             256          (l) manufacturers of food supplements; and
             257          (m) a consumer affairs group.
             258          (2) The Agricultural Advisory Board shall advise the commissioner regarding the
             259      planning, implementation, and administration of the department's programs.
             260          (3) (a) Except as required by Subsection (3)(c), members are appointed by the
             261      commissioner to four-year terms of office.
             262          (b) Representatives of the organizations cited in Subsections (1)(a) through [(1)] (h)
             263      shall be appointed to the Agricultural Advisory Board by the commissioner from a list of
             264      nominees submitted by each organization.
             265          (c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
             266      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             267      of board members are staggered so that approximately half of the board is appointed every two
             268      years.
             269          (d) Members may be removed at the discretion of the commissioner upon the request
             270      of the group they represent.
             271          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             272      appointed for the unexpired term.
             273          (4) The board shall elect one member to serve as chair of the Agricultural Advisory
             274      Board for a term of one year.
             275          (5) (a) The board shall meet four times annually, but may meet more often at the
             276      discretion of the chair.
             277          (b) Attendance of seven members at a duly called meeting constitutes a quorum for the
             278      transaction of official business.
             279          [(6) (a) Members shall receive no compensation or benefits for their services, but may
             280      receive per diem and expenses incurred in the performance of the member's official duties at
             281      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             282          [(b) Members may decline to receive per diem and expenses for their service.]
             283          (6) A member may not receive compensation or benefits for the member's service, but
             284      may receive per diem and travel expenses in accordance with:
             285          (a) Section 63A-3-106 ;
             286          (b) Section 63A-3-107 ; and
             287          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             288      63A-3-107 .
             289          Section 2. Section 4-2-8 is amended to read:
             290           4-2-8. Temporary advisory committees -- Appointment -- Compensation.
             291          (1) The commissioner may request the governor to appoint other advisory committees
             292      on a temporary basis to offer technical advice to the department. [Members of any such]
             293          (2) A member of a committee [shall serve] serves at the pleasure of the commissioner
             294      [and be compensated at the rates established by the director of the Division of Finance under
             295      Sections 63A-3-106 and 63A-3-107 ].
             296          (3) A member may not receive compensation or benefits for the member's service, but
             297      may receive per diem and travel expenses in accordance with:
             298          (a) Section 63A-3-106 ;
             299          (b) Section 63A-3-107 ; and
             300          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             301      63A-3-107 .
             302          Section 3. Section 4-14-10 is amended to read:
             303           4-14-10. Pesticide Committee created -- Composition -- Terms -- Compensation
             304      -- Duties.
             305          (1) There is created a Pesticide Committee comprising nine persons appointed by the
             306      governor to four-year terms of office, one member from each of the following state agencies
             307      and organizations:
             308          (a) Utah State Agricultural Extension Service;
             309          (b) Department of Agriculture and Food;


             310          (c) Department of Health;
             311          (d) Division of Wildlife Resources;
             312          (e) Department of Environmental Quality;
             313          (f) Utah Pest Control Association;
             314          (g) agricultural chemical industry;
             315          (h) Utah Farmers Union; and
             316          (i) Utah Farm Bureau Federation.
             317          (2) Notwithstanding the requirements of Subsection (1), the governor shall, at the time
             318      of appointment or reappointment, adjust the length of terms to ensure that the terms of
             319      committee members are staggered so that approximately half of the committee is appointed
             320      every two years.
             321          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             322      appointed for the unexpired term.
             323          (4) The committee shall elect one of its members to serve as chair. The chair is
             324      responsible for the call and conduct of meetings of the Pesticide Committee.
             325          (5) Attendance of a simple majority of the members constitutes a quorum for the
             326      transaction of official business.
             327          [(6) (a) (i) Members who are not government employees shall receive no
             328      compensation or benefits for their services, but may receive per diem and expenses incurred in
             329      the performance of the member's official duties at the rates established by the Division of
             330      Finance under Sections 63A-3-106 and 63A-3-107 .]
             331          [(ii) Members may decline to receive per diem and expenses for their service.]
             332          [(b) (i) State government officer and employee members who do not receive salary, per
             333      diem, or expenses from their agency for their service may receive per diem and expenses
             334      incurred in the performance of their official duties from the committee at the rates established
             335      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             336          [(ii) State government officer and employee members may decline to receive per diem
             337      and expenses for their service.]


             338          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             339      from the entity that they represent for their service may receive per diem and expenses
             340      incurred in the performance of their official duties from the committee at the rates established
             341      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             342          [(ii) Higher education members may decline to receive per diem and expenses for their
             343      service.]
             344          (6) A member may not receive compensation or benefits for the member's service, but
             345      may receive per diem and travel expenses in accordance with:
             346          (a) Section 63A-3-106 ;
             347          (b) Section 63A-3-107 ; and
             348          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             349      63A-3-107 .
             350          (7) The Pesticide Committee shall make recommendations to the commissioner
             351      regarding making rules pertaining to the sale, distribution, use, and disposal of pesticides.
             352          Section 4. Section 4-17-3.5 is amended to read:
             353           4-17-3.5. Creation of State Weed Committee -- Membership -- Powers and duties
             354      -- Expenses.
             355          (1) There is created a State Weed Committee composed of five members, one member
             356      representing each of the following:
             357          (a) the Department of Agriculture and Food;
             358          (b) the Utah State University Agricultural Experiment Station;
             359          (c) the Utah State University Extension Service;
             360          (d) the Utah Association of Counties; and
             361          (e) private agricultural industry.
             362          (2) The commissioner shall select the members of the committee from those
             363      nominated by each of the respective groups or agencies following approval by the Agricultural
             364      Advisory Board.
             365          (3) (a) Except as required by Subsection (3)(b), as terms of current committee


             366      members expire, the commissioner shall appoint each new member or reappointed member to
             367      a four-year term.
             368          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
             369      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             370      of committee members are staggered so that approximately half of the committee is appointed
             371      every two years.
             372          (4) (a) Members may be removed by the commissioner for cause.
             373          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             374      appointed for the unexpired term.
             375          (5) The State Weed Committee shall:
             376          (a) confer and advise on matters pertaining to the planning, implementation, and
             377      administration of the state noxious weed program;
             378          (b) recommend names for membership on the committee; and
             379          (c) serve as members of the executive committee of the Utah Weed Control
             380      Association.
             381          [(6) (a) (i) Members who are not government employees shall receive no
             382      compensation or benefits for their services, but may receive per diem and expenses incurred in
             383      the performance of the member's official duties at the rates established by the Division of
             384      Finance under Sections 63A-3-106 and 63A-3-107 .]
             385          [(ii) Members may decline to receive per diem and expenses for their service.]
             386          [(b) (i) State government officer and employee members who do not receive salary, per
             387      diem, or expenses from their agency for their service may receive per diem and expenses
             388      incurred in the performance of their official duties from the committee at the rates established
             389      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             390          [(ii) State government officer and employee members may decline to receive per diem
             391      and expenses for their service.]
             392          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             393      from the entity that they represent for their service may receive per diem and expenses


             394      incurred in the performance of their official duties from the committee at the rates established
             395      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             396          [(ii) Higher education members may decline to receive per diem and expenses for their
             397      service.]
             398          [(d) (i) Local government members who do not receive salary, per diem, or expenses
             399      from the entity that they represent for their service may receive per diem and expenses
             400      incurred in the performance of their official duties at the rates established by the Division of
             401      Finance under Sections 63A-3-106 and 63A-3-107 .]
             402          [(ii) Local government members may decline to receive per diem and expenses for
             403      their service.]
             404          (6) A member may not receive compensation or benefits for the member's service, but
             405      may receive per diem and travel expenses in accordance with:
             406          (a) Section 63A-3-106 ;
             407          (b) Section 63A-3-107 ; and
             408          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             409      63A-3-107 .
             410          Section 5. Section 4-18-4 is amended to read:
             411           4-18-4. Conservation Commission created -- Composition -- Appointment --
             412      Terms -- Compensation -- Attorney general to provide legal assistance.
             413          (1) There is created within the department the Conservation Commission to perform
             414      the functions specified in this chapter.
             415          (2) The Conservation Commission shall be comprised of 16 members, including:
             416          (a) the director of the Extension Service at Utah State University or the director's
             417      designee;
             418          (b) the president of the Utah Association of Conservation Districts or the president's
             419      designee;
             420          (c) the commissioner or the commissioner's designee;
             421          (d) the executive director of the Department of Natural Resources or the executive


             422      director's designee;
             423          (e) the executive director of the Department of Environmental Quality or the executive
             424      director's designee;
             425          (f) the chair and the vice chair of the State Grazing Advisory Board created in Section
             426      4-20-1.5 ;
             427          (g) the president of the County Weed Supervisors Association;
             428          (h) seven district supervisors who provide district representation on the commission
             429      on a multicounty basis; and
             430          (i) the director of the School and Institutional Trust Lands Administration or the
             431      director's designee.
             432          (3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
             433      place of the district supervisor for that meeting.
             434          (4) The members of the commission specified in Subsection (2)(h) shall:
             435          (a) be recommended by the commission to the governor; and
             436          (b) be appointed by the governor with the consent of the Senate.
             437          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
             438      members expire, the governor shall appoint each new member or reappointed member to a
             439      four-year term.
             440          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             441      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             442      commission members are staggered so that approximately half of the commission is appointed
             443      every two years.
             444          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             445      appointed for the unexpired term.
             446          (7) The commissioner is chair of the commission.
             447          (8) Attendance of a majority of the commission members at a meeting constitutes a
             448      quorum.
             449          [(9) (a) (i) A member who is not a government employee may not receive


             450      compensation or benefits for the member's service, but may receive per diem and expenses
             451      incurred in the performance of the member's official duties at the rates established by the
             452      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             453          [(ii) A member may decline to receive per diem and expenses for the member's
             454      service.]
             455          [(b) (i) A state government officer and employee member who does not receive salary,
             456      per diem, or expenses from the agency the member represents for the member's service may
             457      receive per diem and expenses incurred in the performance of the member's official duties at
             458      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             459          [(ii) A state government officer and employee member may decline to receive per
             460      diem and expenses for the member's service.]
             461          [(c) (i) A higher education member who does not receive salary, per diem, or expenses
             462      from the entity that the member represents for the member's service may receive per diem and
             463      expenses incurred in the performance of the member's official duties from the committee at the
             464      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             465          [(ii) A higher education member may decline to receive per diem and expenses for the
             466      member's service.]
             467          [(d) (i) A local government member who does not receive salary, per diem, or
             468      expenses from the entity that the member represents for the member's service may receive per
             469      diem and expenses incurred in the performance of the member's official duties at the rates
             470      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             471          [(ii) A local government member may decline to receive per diem and expenses for the
             472      member's service.]
             473          (9) A member may not receive compensation or benefits for the member's service, but
             474      may receive per diem and travel expenses in accordance with:
             475          (a) Section 63A-3-106 ;
             476          (b) Section 63A-3-107 ; and
             477          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             478      63A-3-107 .
             479          (10) The commission shall keep a record of its actions.
             480          (11) The attorney general shall provide legal services to the commission upon request.
             481          Section 6. Section 4-20-1.5 is amended to read:
             482           4-20-1.5. State Grazing Advisory Board -- Duties.
             483          (1) (a) There is created within the department the State Grazing Advisory Board.
             484          (b) The commissioner shall appoint the following members:
             485          (i) one member from each regional board;
             486          (ii) one member from the Conservation Commission created in Section 4-18-4 ;
             487          (iii) one representative of the Department of Natural Resources;
             488          (iv) two livestock producers at-large; and
             489          (v) one representative of the oil, gas, or mining industry.
             490          (2) The term of office for a state board member is four years.
             491          (3) Members of the state board shall elect a chair, who shall serve for two years.
             492          [(4) (a) (i) A member who is not a government employee may not receive
             493      compensation or benefits for the member's service, but may receive per diem and expenses
             494      incurred in the performance of the member's official duties at the rates established by the
             495      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             496          [(ii) A member may decline to receive per diem and expenses for the member's
             497      service.]
             498          [(b) (i) A state government officer and employee member who does not receive salary,
             499      per diem, or expenses from the agency the member represents for the member's service may
             500      receive per diem and expenses incurred in the performance of the member's official duties at
             501      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             502          [(ii) A state government officer and employee member may decline to receive per
             503      diem and expenses for the member's service.]
             504          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             505      from the entity that the member represents for the member's service may receive per diem and


             506      expenses incurred in the performance of the member's official duties at the rates established by
             507      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             508          [(ii) A local government member may decline to receive per diem and expenses for the
             509      member's service.]
             510          (4) A member may not receive compensation or benefits for the member's service, but
             511      may receive per diem and travel expenses in accordance with:
             512          (a) Section 63A-3-106 ;
             513          (b) Section 63A-3-107 ; and
             514          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             515      63A-3-107 .
             516          (5) The state board shall:
             517          (a) receive:
             518          (i) advice and recommendations from a regional board concerning:
             519          (A) management plans for public lands, state lands, and school and institutional trust
             520      lands as defined in Section 53C-1-103 , within the regional board's region; and
             521          (B) any issue that impacts grazing on private lands, public lands, state lands, or school
             522      and institutional trust lands as defined in Section 53C-1-103 , in its region; and
             523          (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
             524      through (iv);
             525          (b) recommend state policy positions and cooperative agency participation in federal
             526      and state land management plans to the department and to the Public Lands Policy
             527      Coordinating Office created under Section 63J-4-602 ; and
             528          (c) advise the department on the requests and recommendations of:
             529          (i) regional boards;
             530          (ii) county weed control boards created under Section 4-17-4 ;
             531          (iii) cooperative weed management associations; and
             532          (iv) conservation districts created under the authority of Title 17D, Chapter 3,
             533      Conservation District Act.


             534          Section 7. Section 4-22-3 is amended to read:
             535           4-22-3. Commission -- Organization -- Quorum to transact business -- Vacancies
             536      -- Ineligibility to serve -- Compensation.
             537          (1) The members of the commission shall elect a chair, vice chair, and secretary from
             538      among their number.
             539          (2) Attendance of a simple majority of the commission members at a called meeting
             540      shall constitute a quorum for the transaction of official business.
             541          (3) The commission shall meet:
             542          (a) at the time and place designated by the chair; and
             543          (b) no less often than once every three months.
             544          (4) Vacancies which occur on the commission for any reason shall be filled for the
             545      unexpired term of the vacated member by appointment of a majority of the remaining
             546      members.
             547          (5) If a member moves from the district that he represents or ceases to act as a
             548      producer during his term of office, he must resign from the commission within 30 days after
             549      moving from the district or ceasing production.
             550          [(6) (a) (i) Members who are not government employees shall receive no
             551      compensation or benefits for their services, but may receive per diem and expenses incurred in
             552      the performance of the member's official duties at the rates established by the Division of
             553      Finance under Sections 63A-3-106 and 63A-3-107 .]
             554          [(ii) Members may decline to receive per diem and expenses for their service.]
             555          [(b) (i) State government officer and employee members who do not receive salary, per
             556      diem, or expenses from their agency for their service may receive per diem and expenses
             557      incurred in the performance of their official duties from the commission at the rates
             558      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             559          [(ii) State government officer and employee members may decline to receive per diem
             560      and expenses for their service.]
             561          [(c) (i) Higher education members who do not receive salary, per diem, or expenses


             562      from the entity that they represent for their service may receive per diem and expenses
             563      incurred in the performance of their official duties from the committee at the rates established
             564      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             565          [(ii) Higher education members may decline to receive per diem and expenses for their
             566      service.]
             567          (6) A member may not receive compensation or benefits for the member's service, but
             568      may receive per diem and travel expenses in accordance with:
             569          (a) Section 63A-3-106 ;
             570          (b) Section 63A-3-107 ; and
             571          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             572      63A-3-107 .
             573          Section 8. Section 4-23-4 is amended to read:
             574           4-23-4. Agricultural and Wildlife Damage Prevention Board created --
             575      Composition -- Appointment -- Terms -- Vacancies -- Compensation.
             576          (1) There is created an Agricultural and Wildlife Damage Prevention Board composed
             577      of the commissioner and the director of the Division of Wildlife Resources, who shall serve,
             578      respectively, as the board's chair and vice chair, together with seven other members appointed
             579      by the governor to four-year terms of office as follows:
             580          (a) one sheep producer representing wool growers of the state;
             581          (b) one cattle producer representing range cattle producers of the state;
             582          (c) one person from the United States Department of Agriculture;
             583          (d) one agricultural landowner representing agricultural landowners of the state;
             584          (e) one person representing wildlife interests in the state;
             585          (f) one person from the United States Forest Service; and
             586          (g) one person from the United States Bureau of Land Management.
             587          (2) Appointees' term of office shall commence June 1.
             588          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             589      expire, the governor shall appoint each new member or reappointed member to a four-year


             590      term.
             591          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             592      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             593      board members are staggered so that approximately half of the board is appointed every two
             594      years.
             595          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             596      appointed for the unexpired term.
             597          (5) Attendance of five members at a duly called meeting shall constitute a quorum for
             598      the transaction of official business. The board shall convene at the times and places
             599      prescribed by the chair or vice chair.
             600          [(6) (a) (i) Members who are not government employees shall receive no
             601      compensation or benefits for their services, but may receive per diem and expenses incurred in
             602      the performance of the member's official duties at the rates established by the Division of
             603      Finance under Sections 63A-3-106 and 63A-3-107 .]
             604          [(ii) Members may decline to receive per diem and expenses for their service.]
             605          [(b) (i) State government officer and employee members who do not receive salary, per
             606      diem, or expenses from their agency for their service may receive per diem and expenses
             607      incurred in the performance of their official duties from the board at the rates established by
             608      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             609          [(ii) State government officer and employee members may decline to receive per diem
             610      and expenses for their service.]
             611          (6) A member may not receive compensation or benefits for the member's service, but
             612      may receive per diem and travel expenses in accordance with:
             613          (a) Section 63A-3-106 ;
             614          (b) Section 63A-3-107 ; and
             615          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             616      63A-3-107 .
             617          Section 9. Section 4-24-4 is amended to read:


             618           4-24-4. Livestock Brand Board created -- Composition -- Terms -- Removal --
             619      Quorum for transaction of business -- Compensation -- Duties.
             620          (1) There is created the Livestock Brand Board consisting of seven members
             621      appointed by the governor as follows:
             622          (a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
             623      whom shall be a feeder operator;
             624          (b) one dairyman recommended by the Utah Dairymen's Association;
             625          (c) one livestock market operator recommended jointly by the Utah Cattlemen's
             626      Association and the Utah Dairymen's Association and the Livestock Market Association; and
             627          (d) one horse breeder recommended by the Utah Horse Council.
             628          (2) If a nominee is rejected by the governor, the recommending association shall
             629      submit another nominee.
             630          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             631      expire, the governor shall appoint each new member or reappointed member to a four-year
             632      term.
             633          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             634      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             635      board members are staggered so that approximately half of the board is appointed every two
             636      years.
             637          (4) (a) A member may, at the discretion of the governor, be removed at the request of
             638      the association that recommended the appointment.
             639          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             640      appointed for the unexpired term.
             641          (5) One member elected by the board shall serve as chair for a term of one year and be
             642      responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
             643      a simple majority of the members at a duly called meeting shall constitute a quorum for the
             644      transaction of official business.
             645          [(6) (a) Members shall receive no compensation or benefits for their services, but may


             646      receive per diem and expenses incurred in the performance of the member's official duties at
             647      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             648          [(b) Members may decline to receive per diem and expenses for their service.]
             649          (6) A member may not receive compensation or benefits for the member's service, but
             650      may receive per diem and travel expenses in accordance with:
             651          (a) Section 63A-3-106 ;
             652          (b) Section 63A-3-107 ; and
             653          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             654      63A-3-107 .
             655          (7) The Livestock Brand Board with the cooperation of the department shall direct the
             656      procedures and policies to be followed in administering and enforcing this chapter.
             657          Section 10. Section 4-30-2 is amended to read:
             658           4-30-2. Livestock Market Committee created -- Composition -- Terms -- Removal
             659      -- Compensation -- Duties.
             660          (1) There is created a Livestock Market Committee which consists of the following
             661      seven members appointed to a four-year term of office by the commissioner:
             662          (a) one member recommended by the livestock market operators in the state;
             663          (b) one member recommended by the Utah Cattlemen's Association;
             664          (c) one member recommended by the Utah Dairymen's Association;
             665          (d) one member recommended by the Utah Woolgrowers' Association;
             666          (e) one member recommended by the horse industry;
             667          (f) one member recommended by the Utah Farm Bureau Federation; and
             668          (g) one member recommended by the Utah Farmers Union.
             669          (2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
             670      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             671      committee members are staggered so that approximately half of the committee is appointed
             672      every two years.
             673          (3) No more than four members shall be members of the same political party.


             674          (4) (a) The commissioner may remove a member of the committee at the request of the
             675      association or group which recommended the member's appointment.
             676          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             677      appointed for the unexpired term.
             678          (5) The Livestock Market Committee shall elect a chair from its membership, who
             679      shall serve for a term of office of two years, but may be reelected for subsequent terms.
             680          (6) (a) The chair is responsible for the call and conduct of meetings.
             681          (b) Four members constitute a quorum for the transaction of official business.
             682          [(7) (a) (i) Members who are not government employees shall receive no
             683      compensation or benefits for their services, but may receive per diem and expenses incurred in
             684      the performance of the member's official duties at the rates established by the Division of
             685      Finance under Sections 63A-3-106 and 63A-3-107 .]
             686          [(ii) Members may decline to receive per diem and expenses for their service.]
             687          [(b) (i) State government officer and employee members who do not receive salary, per
             688      diem, or expenses from their agency for their service may receive per diem and expenses
             689      incurred in the performance of their official duties from the committee at the rates established
             690      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             691          [(ii) State government officer and employee members may decline to receive per diem
             692      and expenses for their service.]
             693          (7) A member may not receive compensation or benefits for the member's service, but
             694      may receive per diem and travel expenses in accordance with:
             695          (a) Section 63A-3-106 ;
             696          (b) Section 63A-3-107 ; and
             697          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             698      63A-3-107 .
             699          (8) The Livestock Market Committee acts as advisor to the department with respect to
             700      the administration and enforcement of this chapter and makes recommendations necessary to
             701      carry out the intent of this chapter to the commissioner.


             702          Section 11. Section 4-35-3 is amended to read:
             703           4-35-3. Decision and Action Committee created -- Members -- How appointed --
             704      Duties of committee -- Per diem and expenses allowed.
             705          (1) (a) There is created the Decision and Action Committee which consists of not
             706      fewer than six members.
             707          (b) One member is the commissioner and one member is appointed to represent the
             708      department.
             709          (c) The remaining members of the committee are appointed by the commissioner on
             710      an ad hoc basis as necessary from persons directly affected by and involved in the current
             711      insect infestation emergency.
             712          (d) The committee is dissolved when the commissioner declares that the insect
             713      infestation emergency is over.
             714          (2) The committee shall:
             715          (a) establish a system of priorities for any insect infestation emergency; and
             716          (b) certify to the commissioner any area which requires the establishment of an insect
             717      control district in areas of infestation and in which a simple majority of the landowners and
             718      lessees whose total production exceeds 50% of the production in that area has agreed to pay
             719      proportionate shares of the costs of controlling the insects infesting the area.
             720          [(3) (a) (i) Members who are not government employees shall receive no
             721      compensation or benefits for their services, but may receive per diem and expenses incurred in
             722      the performance of the member's official duties at the rates established by the Division of
             723      Finance under Sections 63A-3-106 and 63A-3-107 .]
             724          [(ii) Members may decline to receive per diem and expenses for their service.]
             725          [(b) (i) State government officer and employee members who do not receive salary, per
             726      diem, or expenses from their agency for their service may receive per diem and expenses
             727      incurred in the performance of their official duties from the committee at the rates established
             728      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             729          [(ii) State government officer and employee members may decline to receive per diem


             730      and expenses for their service.]
             731          (3) A member may not receive compensation or benefits for the member's service, but
             732      may receive per diem and travel expenses in accordance with:
             733          (a) Section 63A-3-106 ;
             734          (b) Section 63A-3-107 ; and
             735          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             736      63A-3-107 .
             737          Section 12. Section 4-37-503 is amended to read:
             738           4-37-503. Fish Health Policy Board.
             739          (1) There is created within the department the Fish Health Policy Board which shall
             740      establish policies designed to prevent the outbreak of, control the spread of, and eradicate
             741      pathogens that cause disease in aquatic animals.
             742          (2) The Fish Health Policy Board shall:
             743          (a) in accordance with Subsection (6)(b), determine procedures and requirements for
             744      certifying a source of aquatic animals as health approved, including:
             745          (i) the pathogens for which inspection is required to receive health approval;
             746          (ii) the pathogens that may not be present to receive health approval; and
             747          (iii) standards and procedures required for the inspection of aquatic animals;
             748          (b) establish procedures for the timely reporting of the presence of a pathogen and
             749      disease threat;
             750          (c) create policies and procedures for, and appoint, an emergency response team to:
             751          (i) investigate a serious disease threat;
             752          (ii) develop and monitor a plan of action; and
             753          (iii) report to:
             754          (A) the commissioner of agriculture and food;
             755          (B) the director of the Division of Wildlife Resources; and
             756          (C) the chair of the Fish Health Policy Board; and
             757          (d) develop a unified statewide aquaculture disease control plan.


             758          (3) The Fish Health Policy Board shall advise the commissioner of agriculture and
             759      food and the executive director of the Department of Natural Resources regarding:
             760          (a) educational programs and information systems to educate and inform the public
             761      about practices that the public may employ to prevent the spread of disease; and
             762          (b) communication and interaction between the department and the Division of
             763      Wildlife Resources regarding fish health policies and procedures.
             764          (4) (a) (i) The governor shall appoint the following seven members to the Fish Health
             765      Policy Board:
             766          (A) one member from names submitted by the Department of Natural Resources;
             767          (B) one member from names submitted by the Department of Agriculture and Food;
             768          (C) one member from names submitted by a nonprofit corporation that promotes sport
             769      fishing;
             770          (D) one member from names submitted by a nonprofit corporation that promotes the
             771      aquaculture industry;
             772          (E) one member from names submitted by the Department of Natural Resources and
             773      the Department of Agriculture and Food;
             774          (F) one member from names submitted by a nonprofit corporation that promotes sport
             775      fishing; and
             776          (G) one member from names submitted by a nonprofit corporation that promotes the
             777      aquaculture industry.
             778          (ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
             779          (A) (I) faculty members of an institution of higher education; or
             780          (II) qualified professionals; and
             781          (B) have education and knowledge in:
             782          (I) fish pathology;
             783          (II) business;
             784          (III) ecology; or
             785          (IV) parasitology.


             786          (iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall
             787      have education and knowledge about fish pathology.
             788          (iv) (A) A nominating person shall submit at least three names to the governor.
             789          (B) If the governor rejects all the names submitted for a member, the recommending
             790      person shall submit additional names.
             791          (b) Except as required by Subsection (4)(c), the term of office of board members shall
             792      be four years.
             793          (c) Notwithstanding the requirements of Subsection (4)(b), the governor shall, at the
             794      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             795      board members are staggered so that approximately half of the board is appointed every two
             796      years.
             797          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             798      appointed for the unexpired term.
             799          (e) The board members shall elect a chair of the board from the board's membership.
             800          (f) The board shall meet upon the call of the chair or a majority of the board members.
             801          (g) An action of the board shall be adopted upon approval of the majority of voting
             802      members.
             803          [(5) (a) (i) A member who is not a government employee may not receive
             804      compensation or benefits for the member's service, but may receive per diem and expenses
             805      incurred in the performance of the member's official duties at the rates established by the
             806      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             807          [(ii) A member may decline to receive per diem and expenses for the member's
             808      service.]
             809          [(b) (i) A state government officer and employee member who does not receive salary,
             810      per diem, or expenses from the agency the member represents for the member's service may
             811      receive per diem and expenses incurred in the performance of the member's official duties at
             812      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             813          [(ii) A state government officer and employee member may decline to receive per


             814      diem and expenses for the member's service.]
             815          [(c) (i) A higher education member who does not receive salary, per diem, or expenses
             816      from the entity that the member represents for the member's service may receive per diem and
             817      expenses incurred in the performance of the member's official duties at the rates established by
             818      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             819          [(ii) A higher education member may decline to receive per diem and expenses for the
             820      member's service.]
             821          (5) A member may not receive compensation or benefits for the member's service, but
             822      may receive per diem and travel expenses in accordance with:
             823          (a) Section 63A-3-106 ;
             824          (b) Section 63A-3-107 ; and
             825          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             826      63A-3-107 .
             827          (6) (a) The board shall make rules consistent with its responsibilities and duties
             828      specified in this section.
             829          (b) Except as provided by this chapter, all rules adopted by the Fish Health Policy
             830      Board must be consistent with the suggested procedures for the detection and identification of
             831      pathogens published by the American Fisheries Society's Fish Health Section.
             832          (c) (i) Rules of the department and Fish Health Policy Board pertaining to the control
             833      of disease shall remain in effect until the Fish Health Policy Board enacts rules to replace
             834      those provisions.
             835          (ii) The Fish Health Policy Board shall promptly amend rules that are inconsistent
             836      with the current suggested procedures published by the American Fisheries Society.
             837          (d) The Fish Health Policy Board may waive a requirement established by the Fish
             838      Health Policy Board's rules if:
             839          (i) the rule specifies the waiver criteria and procedures; and
             840          (ii) the waiver will not threaten other aquaculture facilities or wild aquatic animal
             841      populations.


             842          Section 13. Section 4-37-602 is amended to read:
             843           4-37-602. Adjudicative proceedings -- Presiding officer.
             844          (1) Adjudicative proceedings under this chapter shall be conducted in accordance with
             845      Title 63G, Chapter 4, Administrative Procedures Act.
             846          (2) The revocation of an aquaculture facility's certificate of registration, the denial of
             847      an aquaculture facility's future certificate of registration, and a denial or cancellation of an
             848      aquaculture facility's health approval number is a state agency action governed by Title 63G,
             849      Chapter 4, Administrative Procedures Act.
             850          (3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
             851      as provided by Section 63G-4-301 , of an agency action specified in Subsection (2).
             852          (b) The presiding officer, as defined in Section 63G-4-103 , conducting the agency
             853      review shall consist of three members as follows:
             854          (i) the person representing sport fishermen, appointed under Subsection
             855      4-37-503 (4)(a)(i)(C);
             856          (ii) one person representing the aquaculture industry, appointed by the governor from
             857      names submitted by a nonprofit corporation, as defined in Section 16-6a-102 , that promotes
             858      the efficient production, distribution, and marketing of aquaculture products and the welfare
             859      of all persons engaged in aquaculture; and
             860          (iii) one person, appointed by the governor, who is knowledgeable about aquatic
             861      diseases and is employed by an institution of higher education.
             862          (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
             863      recommending nonprofit corporation shall submit additional names.
             864          (d) The final decision of the presiding officer shall be adopted upon approval of at
             865      least two of the members.
             866          (e) The term [and compensation] for the member listed in Subsection (3)(b)(i) shall be
             867      the same as provided in Section 4-37-503 .
             868          (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
             869      four years.


             870          [(g) (i) (A) A higher education member who does not receive salary, per diem, or
             871      expenses from the entity that the member represents for the member's service may receive per
             872      diem and expenses incurred in the performance of the member's official duties at the rates
             873      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             874          [(B) A higher education member may decline to receive per diem and expenses for the
             875      member's service.]
             876          [(ii) (A) A member who is not a government employee may not receive compensation
             877      or benefits for the member's service, but may receive per diem and expenses incurred in
             878      performance of the member's official duties at rates established by the Division of Finance
             879      under Sections 63A-3-106 and 63A-3-107 .]
             880          [(B) A member may decline to receive per diem and expenses for the member's
             881      service.]
             882          (4) A member may not receive compensation or benefits for the member's service, but
             883      may receive per diem and travel expenses in accordance with:
             884          (a) Section 63A-3-106 ;
             885          (b) Section 63A-3-107 ; and
             886          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             887      63A-3-107 .
             888          Section 14. Section 4-38-3 is amended to read:
             889           4-38-3. Utah Horse Racing Commission.
             890          (1) (a) There is created within the Department the Utah Horse Racing Commission.
             891          (b) (i) The commission shall consist of five members who shall be U.S. citizens, Utah
             892      residents, and qualified voters of Utah.
             893          (ii) Each member shall have an interest in horse racing.
             894          (c) (i) The members of the commission shall be appointed by the governor with the
             895      consent of the Senate.
             896          (ii) The governor shall appoint commission members from a list of nominees
             897      submitted by the commissioner of agriculture and food.


             898          (d) (i) The members of the commission shall be appointed to four-year terms, except
             899      that the original members shall be appointed within 30 days after the effective date of this
             900      chapter, two of whom shall be appointed for terms expiring December 31, 1992, two for terms
             901      expiring December 31, 1994, and one for a term expiring December 31, 1996.
             902          (ii) A commission member may not serve more than two consecutive terms.
             903          (e) The governor shall make the appointments so that a resident of each of Utah's three
             904      congressional districts is a member of the commission at all times.
             905          (f) Each member shall hold office until his or her successor is appointed and qualified.
             906          (g) Vacancies on the commission shall be filled by appointment by the governor with
             907      the consent of the Senate for the unexpired term.
             908          (h) Any member may be removed from office by the governor for cause after a public
             909      hearing. Notice of the hearing shall fix the time and place of the hearing and shall specify the
             910      charges. Copies of the notice of the hearing shall be served on the member by mailing it to the
             911      member at his last known address at least 10 days before the date fixed for the hearing. The
             912      governor may designate a hearing officer to preside over the hearing and report his findings to
             913      the governor.
             914          (2) (a) The members of the commission shall annually elect a chairperson.
             915          (b) Three members of the commission shall constitute a quorum for the transaction of
             916      any business of the commission.
             917          [(c) Members of the commission shall receive per diem and expenses as established by
             918      the Division of Finance.]
             919          (3) A member may not receive compensation or benefits for the member's service, but
             920      may receive per diem and travel expenses in accordance with:
             921          (a) Section 63A-3-106 ;
             922          (b) Section 63A-3-107 ; and
             923          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             924      63A-3-107 .
             925          [(3)] (4) All claims and expenditures made under this chapter shall be first audited and


             926      passed upon by the commission and when approved shall be paid in the manner provided by
             927      law for payment of claims against the state.
             928          [(4)] (5) Any member of the commission who has a personal or private interest in any
             929      matter proposed or pending before the commission shall publicly disclose this fact to the
             930      commission and may not vote on the matter.
             931          [(5)] (6) Any member of the commission who owns or who has any interest or whose
             932      spouse or member of his immediate family has any interest in a horse participating in a race
             933      shall disclose that interest and may not participate in any commission decision involving that
             934      race.
             935          Section 15. Section 4-39-104 is amended to read:
             936           4-39-104. Advisory council.
             937          (1) The department shall establish an advisory council to give advice and make
             938      recommendations on policies and rules adopted pursuant to this chapter.
             939          (2) The advisory council shall consist of eight members appointed by the
             940      commissioner of agriculture to four-year terms as follows:
             941          (a) two members, recommended by the executive director of the Department of
             942      Natural Resources, shall represent the Department of Natural Resources;
             943          (b) two members shall represent the Department of Agriculture, one of whom shall be
             944      the state veterinarian;
             945          (c) two members shall represent the livestock industry, one of whom shall represent
             946      the domesticated elk industry; and
             947          (d) two members, recommended by the executive director of the Department of
             948      Natural Resources from a list of candidates submitted by the Division of Wildlife Resources,
             949      shall represent wildlife interests.
             950          (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
             951      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             952      council members are staggered so that approximately half of the council is appointed every
             953      two years.


             954          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             955      appointed for the unexpired term.
             956          (5) A majority of the advisory council constitutes a quorum. A quorum is necessary
             957      for the council to act.
             958          [(6) (a) (i) Members who are not government employees shall receive no
             959      compensation or benefits for their services, but may receive per diem and expenses incurred in
             960      the performance of the member's official duties at the rates established by the Division of
             961      Finance under Sections 63A-3-106 and 63A-3-107 .]
             962          [(ii) Members may decline to receive per diem and expenses for their service.]
             963          [(b) (i) State government officer and employee members who do not receive salary, per
             964      diem, or expenses from their agency for their service may receive per diem and expenses
             965      incurred in the performance of their official duties from the department at the rates established
             966      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             967          [(ii) State government officer and employee members may decline to receive per diem
             968      and expenses for their service.]
             969          (6) A member may not receive compensation or benefits for the member's service, but
             970      may receive per diem and travel expenses in accordance with:
             971          (a) Section 63A-3-106 ;
             972          (b) Section 63A-3-107 ; and
             973          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             974      63A-3-107 .
             975          Section 16. Section 7-1-203 is amended to read:
             976           7-1-203. Board of Financial Institutions.
             977          (1) There is created a Board of Financial Institutions consisting of the commissioner
             978      and the following five members, who shall be qualified by training and experience in their
             979      respective fields and shall be appointed by the governor with the consent of the Senate:
             980          (a) one representative from the commercial banking business;
             981          (b) one representative from the savings and loan, consumer lending, mortgage


             982      brokerage, or escrow agency business;
             983          (c) one representative from the industrial bank business;
             984          (d) one representative from the credit union business; and
             985          (e) one representative of the general public who, as a result of education, training,
             986      experience, or interest, is well qualified to consider economic and financial issues and data as
             987      they may affect the public interest in the soundness of the financial systems of this state.
             988          (2) The commissioner shall act as chair.
             989          (3) (a) All members of the board shall be residents of this state.
             990          (b) No more than three members of the board may be from the same political party.
             991          (c) No more than two members of the board may be connected with the same financial
             992      institution or its holding company.
             993          (d) A member may not participate in any matter involving any institution with which
             994      the member has a conflict of interest.
             995          (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
             996      each expiring on July 1.
             997          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             998      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             999      board members are staggered so that approximately half of the board is appointed every two
             1000      years.
             1001          (c) All members serve until their respective successors are appointed and qualified.
             1002          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1003      appointed for the unexpired term.
             1004          (5) (a) The board shall meet at least quarterly on a date it sets.
             1005          (b) The commissioner or any two members of the board may call additional meetings.
             1006          (c) Four members constitute a quorum for the transaction of business.
             1007          (d) Actions of the board require a vote of a majority of those present.
             1008          (e) Meetings of the board and records of its proceedings are subject to Title 52,
             1009      Chapter 4, Open and Public Meetings Act, except for discussion of confidential information


             1010      pertaining to a particular financial institution.
             1011          (6) (a) Each member of the board shall, by sworn or written statement filed with the
             1012      commissioner, disclose any position of employment or ownership interest that the member has
             1013      with respect to any institution subject to the jurisdiction of the department.
             1014          (b) The member shall:
             1015          (i) file the statement required by this Subsection (6) when first appointed to the board;
             1016      and
             1017          (ii) subsequently file amendments to the statement if there is any material change in
             1018      the matters covered by the statement.
             1019          [(7) (a) (i) Members who are not government employees shall receive no
             1020      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1021      the performance of the member's official duties at the rates established by the Division of
             1022      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1023          [(ii) Members may decline to receive per diem and expenses for their service.]
             1024          [(b) (i) State government officer and employee members who do not receive salary, per
             1025      diem, or expenses from their agency for their service may receive per diem and expenses
             1026      incurred in the performance of their official duties from the board at the rates established by
             1027      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1028          [(ii) State government officer and employee members may decline to receive per diem
             1029      and expenses for their service.]
             1030          (7) A member may not receive compensation or benefits for the member's service, but
             1031      may receive per diem and travel expenses in accordance with:
             1032          (a) Section 63A-3-106 ;
             1033          (b) Section 63A-3-107 ; and
             1034          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1035      63A-3-107 .
             1036          (8) The board shall advise the commissioner with respect to:
             1037          (a) the exercise of the commissioner's duties, powers, and responsibilities under this


             1038      title; and
             1039          (b) the organization and performance of the department and its employees.
             1040          (9) The board shall recommend annually to the governor and the Legislature a budget
             1041      for the requirements of the department in carrying out its duties, functions, and responsibilities
             1042      under this title.
             1043          Section 17. Section 7-3-40 is amended to read:
             1044           7-3-40. Board of Bank Advisors.
             1045          (1) There is created a Board of Bank Advisors consisting of five members to be
             1046      appointed by the governor as follows:
             1047          (a) each member of the board shall be an individual who is familiar with and
             1048      associated with banks organized under this chapter; and
             1049          (b) at least three of the members of the board shall be individuals who:
             1050          (i) have had three or more years experience as a bank executive officer; and
             1051          (ii) are selected from a list submitted to the governor by an association in this state
             1052      representing commercial banks.
             1053          (2) (a) The board shall meet quarterly.
             1054          (b) Subject to Subsection (2)(a), meetings of the board shall be held on the call of the
             1055      chair.
             1056          (3) The members of the board shall elect the chair of the board each year from the
             1057      membership of the advisory board by a majority of the members present at the board's first
             1058      meeting each year.
             1059          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
             1060      expire, the governor shall appoint each new member or reappointed member to a four-year
             1061      term.
             1062          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1063      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1064      board members are staggered so that approximately half of the board is appointed every two
             1065      years.


             1066          (5) When a vacancy occurs in the membership of the board for any reason, the
             1067      replacement shall be appointed for the unexpired term.
             1068          (6) All members shall serve until their successors are appointed and qualified.
             1069          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1070      receive per diem and expenses incurred in the performance of the member's official duties at
             1071      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1072          [(b) Members may decline to receive per diem and expenses for their service.]
             1073          (7) A member may not receive compensation or benefits for the member's service, but
             1074      may receive per diem and travel expenses in accordance with:
             1075          (a) Section 63A-3-106 ;
             1076          (b) Section 63A-3-107 ; and
             1077          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1078      63A-3-107 .
             1079          (8) A majority of the members of the board shall constitute a quorum.
             1080          (9) The board has the duty to advise the governor and commissioner on problems
             1081      relating to banks organized under this chapter and to foster the interest and cooperation of
             1082      banks in the improvement of their services to the people of the state.
             1083          Section 18. Section 7-9-43 is amended to read:
             1084           7-9-43. Board of Credit Union Advisors.
             1085          There is created a Board of Credit Union Advisors of five members to be appointed by
             1086      the governor.
             1087          (1) Members of the board shall be individuals who are familiar with and associated in
             1088      the field of credit unions.
             1089          (2) At least three of the members shall be persons who have had three or more years of
             1090      experience as a credit union officer and shall be selected from a list submitted to the governor
             1091      by the Utah League of Credit Unions.
             1092          (3) The board shall meet quarterly.
             1093          (4) A chair of the advisory board shall be chosen each year from the membership of


             1094      the advisory board by a majority of the members present at the board's first meeting each year.
             1095          (5) (a) Except as required by Subsection (5)(b), as terms of current board members
             1096      expire, the governor shall appoint each new member or reappointed member to a four-year
             1097      term.
             1098          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             1099      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1100      board members are staggered so that approximately half of the board is appointed every two
             1101      years.
             1102          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             1103      appointed for the unexpired term.
             1104          (7) All members shall serve until their successors are appointed and qualified.
             1105          [(8) (a) Members shall receive no compensation or benefits for their services, but may
             1106      receive per diem and expenses incurred in the performance of the member's official duties at
             1107      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1108          [(b) Members may decline to receive per diem and expenses for their service.]
             1109          (8) A member may not receive compensation or benefits for the member's service, but
             1110      may receive per diem and travel expenses in accordance with:
             1111          (a) Section 63A-3-106 ;
             1112          (b) Section 63A-3-107 ; and
             1113          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1114      63A-3-107 .
             1115          (9) Meetings of the advisory board shall be held on the call of the chair. A majority of
             1116      the members of the board shall constitute a quorum.
             1117          (10) The Board of Credit Union Advisors has the duty to advise the governor and
             1118      commissioner on problems relating to credit unions and to foster the interest and cooperation
             1119      of credit unions in the improvement of their services to the people of the state [of Utah].
             1120          Section 19. Section 9-1-803 is amended to read:
             1121           9-1-803. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem


             1122      and expenses.
             1123          (1) There is created the Utah Commission on Volunteers consisting of the following
             1124      25 members:
             1125          (a) the lieutenant governor;
             1126          (b) the commissioner of higher education or the commissioner's designee;
             1127          (c) the superintendent of public instruction or the superintendent's designee;
             1128          (d) nine members appointed by the governor as follows:
             1129          (i) an individual with expertise in the educational, training, and developmental needs
             1130      of youth, particularly disadvantaged youth;
             1131          (ii) an individual with experience in promoting the involvement of older adults in
             1132      service and volunteerism;
             1133          (iii) a representative of community-based agencies or community-based organizations
             1134      within the state;
             1135          (iv) a representative of local governments in the state;
             1136          (v) a representative of local labor organizations in the state;
             1137          (vi) a representative of business;
             1138          (vii) an individual between the ages of 16 and 25 who is a participant or supervisor in
             1139      a volunteer or service program;
             1140          (viii) a representative of a National Service Program; and
             1141          (ix) a representative of the corporation as a nonvoting, ex officio member; and
             1142          (e) 13 members appointed by the governor from the following groups:
             1143          (i) local educators;
             1144          (ii) experts in the delivery of human, educational, cultural, environmental, or public
             1145      safety services to communities and individuals;
             1146          (iii) representatives of Native American tribes;
             1147          (iv) out-of-school youth or other at-risk youth; and
             1148          (v) representatives of entities that receive assistance under the Domestic Volunteer
             1149      Service Act of 1973, 42 U.S.C. 4950 et seq.


             1150          (2) (a) In appointing persons to serve on the commission, the governor shall ensure
             1151      that:
             1152          (i) no more than 13 members of the commission are members of the same political
             1153      party; and
             1154          (ii) no more than six members of the commission are state government employees.
             1155          (b) In appointing persons to serve on the commission, the governor shall strive for
             1156      balance on the commission according to race, ethnicity, age, gender, and disability
             1157      characteristics.
             1158          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             1159      members expire, the governor shall appoint each new member or reappointed member to a
             1160      three-year term.
             1161          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1162      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1163      commission members are staggered so that approximately one-third of the commission is
             1164      appointed every year.
             1165          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1166      appointed for the unexpired term.
             1167          (5) A member appointed by the governor may not serve more than two consecutive
             1168      terms.
             1169          [(6) (a) A member may not receive compensation or benefits for the member's service,
             1170      but may receive per diem and expenses incurred in the performance of the member's official
             1171      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             1172      63A-3-107 .]
             1173          [(b) A member may decline to receive per diem and expenses for the member's
             1174      service.]
             1175          (6) A member may not receive compensation or benefits for the member's service, but
             1176      may receive per diem and travel expenses in accordance with:
             1177          (a) Section 63A-3-106 ;


             1178          (b) Section 63A-3-107 ; and
             1179          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1180      63A-3-107 .
             1181          (7) (a) The lieutenant governor is the chair of the commission.
             1182          (b) The commission shall select a vice chair from among its members.
             1183          Section 20. Section 9-3-403 is amended to read:
             1184           9-3-403. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
             1185      expenses.
             1186          (1) There is created an independent state agency and a body politic and corporate
             1187      known as the "Utah Science Center Authority."
             1188          (2) (a) The authority shall be composed of 13 members.
             1189          (b) The governor shall appoint:
             1190          (i) three members representing the informal science and arts community that could
             1191      include members from the board of directors of the Hansen Planetarium, the Hogle Zoo, the
             1192      Children's Museum of Utah, the Utah Museum of Natural History, and other related museums,
             1193      centers, and agencies;
             1194          (ii) one member of the State Board of Education;
             1195          (iii) one member of the Division of Housing and Community Development of the
             1196      Department of Community and Culture;
             1197          (iv) one member of the Board of Tourism Development;
             1198          (v) one member of the State Board of Regents; and
             1199          (vi) three public members representing Utah industry, the diverse regions of the state,
             1200      and the public at large.
             1201          (c) The county legislative body of Salt Lake County shall appoint one member to
             1202      represent Salt Lake County.
             1203          (d) The mayor of Salt Lake City shall appoint one member to represent Salt Lake City
             1204      Corporation.
             1205          (e) The State Science Advisor or the advisor's designee is also a member of the


             1206      authority.
             1207          (f) In appointing the three public members, the governor shall ensure that there is
             1208      representation from the science, technology, and business communities.
             1209          (3) All members shall be residents of Utah.
             1210          (4) Each member shall be appointed for four-year terms beginning July 1 of the year
             1211      appointed.
             1212          (5) (a) Except as required by Subsection (5)(b), as terms of current authority members
             1213      expire, the governor shall appoint each new member or reappointed member to a four-year
             1214      term.
             1215          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             1216      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1217      authority members are staggered so that approximately half of the authority is appointed every
             1218      two years.
             1219          (6) A member may be removed from office by the governor or for cause by an
             1220      affirmative vote of nine members of the authority.
             1221          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             1222      appointed by the governor for the unexpired term.
             1223          (8) Each public member shall hold office for the term of his appointment and until the
             1224      member's successor has been appointed and qualified.
             1225          (9) A public member is eligible for reappointment, but may not serve more than two
             1226      full consecutive terms.
             1227          (10) The governor shall appoint the chair of the authority from among its members.
             1228          (11) The members shall elect from among their number a vice chair and other officers
             1229      they may determine.
             1230          (12) The chair and vice chair shall be elected for two-year terms.
             1231          (13) The powers of the authority shall be vested in its members.
             1232          (14) Seven members constitute a quorum for transaction of authority business.
             1233          [(15) (a) (i) Members who are not government employees shall receive no


             1234      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1235      the performance of the member's official duties at the rates established by the Division of
             1236      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1237          [(ii) Members may decline to receive per diem and expenses for their service.]
             1238          [(b) (i) State government officer and employee members who do not receive salary, per
             1239      diem, or expenses from their agency for their service may receive per diem and expenses
             1240      incurred in the performance of their official duties from the authority at the rates established
             1241      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1242          [(ii) State government officer and employee members may decline to receive per diem
             1243      and expenses for their service.]
             1244          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1245      from the entity that they represent for their service may receive per diem and expenses
             1246      incurred in the performance of their official duties at the rates established by the Division of
             1247      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1248          [(ii) Local government members may decline to receive per diem and expenses for
             1249      their service.]
             1250          [(d) (i) Higher education members who do not receive salary, per diem, or expenses
             1251      from the entity that they represent for their service may receive per diem and expenses
             1252      incurred in the performance of their official duties from the committee at the rates established
             1253      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1254          [(ii) Higher education members may decline to receive per diem and expenses for their
             1255      service.]
             1256          (15) A member may not receive compensation or benefits for the member's service,
             1257      but may receive per diem and travel expenses in accordance with:
             1258          (a) Section 63A-3-106 ;
             1259          (b) Section 63A-3-107 ; and
             1260          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1261      63A-3-107 .


             1262          Section 21. Section 9-4-304 is amended to read:
             1263           9-4-304. Permanent Community Impact Fund Board created -- Members --
             1264      Terms -- Chair -- Expenses.
             1265          (1) There is created within the Department of Community and Culture the Permanent
             1266      Community Impact Fund Board composed of 11 members as follows:
             1267          (a) the chair of the Board of Water Resources or the chair's designee;
             1268          (b) the chair of the Water Quality Board or the chair's designee;
             1269          (c) the director of the department or the director's designee;
             1270          (d) the state treasurer;
             1271          (e) the chair of the Transportation Commission or the chair's designee;
             1272          (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan
             1273      County;
             1274          (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
             1275      Wayne County;
             1276          (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
             1277          (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
             1278      County; and
             1279          (j) a locally elected official from each of the two counties that produced the most
             1280      mineral lease monies during the previous four-year period, prior to the term of appointment, as
             1281      determined by the Department of Community and Culture.
             1282          (2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
             1283      the same county and shall be:
             1284          (i) nominated by the Board of Directors of the Southeastern Association of
             1285      Governments, Central Utah Association of Governments, Uintah Basin Association of
             1286      Governments, and Southwestern Association of Governments, respectively, except that a
             1287      member under Subsection (1)(j) shall be nominated by the Board of Directors of the
             1288      Association of Governments from the region of the state in which the county is located; and
             1289          (ii) appointed by the governor with the consent of the Senate.


             1290          (b) Except as required by Subsection (2)(c), as terms of current board members expire,
             1291      the governor shall appoint each new member or reappointed member to a four-year term.
             1292          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
             1293      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1294      board members are staggered so that approximately half of the board is appointed every two
             1295      years.
             1296          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1297      appointed for the unexpired term.
             1298          (3) The terms of office for the members of the impact board specified under
             1299      Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
             1300      councils, boards, committees, commission, departments, or offices from which the members
             1301      come.
             1302          (4) The executive director of the department, or the executive director's designee, shall
             1303      be the chair of the impact board.
             1304          [(5) (a) (i) Members who are not government employees shall receive no
             1305      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1306      the performance of the member's official duties at the rates established by the Division of
             1307      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1308          [(ii) Members may decline to receive per diem and expenses for their service.]
             1309          [(b) (i) State government officer and employee members who do not receive salary, per
             1310      diem, or expenses from their agency for their service may receive per diem and expenses
             1311      incurred in the performance of their official duties from the board at the rates established by
             1312      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1313          [(ii) State government officer and employee members may decline to receive per diem
             1314      and expenses for their service.]
             1315          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1316      from the entity that they represent for their service may receive per diem and expenses
             1317      incurred in the performance of their official duties at the rates established by the Division of


             1318      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1319          [(ii) Local government members may decline to receive per diem and expenses for
             1320      their service.]
             1321          (5) A member may not receive compensation or benefits for the member's service, but
             1322      may receive per diem and travel expenses in accordance with:
             1323          (a) Section 63A-3-106 ;
             1324          (b) Section 63A-3-107 ; and
             1325          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1326      63A-3-107 .
             1327          Section 22. Section 9-4-503 is amended to read:
             1328           9-4-503. Private Activity Bond Review Board.
             1329          (1) There is created within the department the Private Activity Bond Review Board,
             1330      composed of 11 members as follows:
             1331          (a) five ex officio members who shall be:
             1332          (i) the executive director of the department or the executive director's designee;
             1333          (ii) the director of the Division of Business and Economic Development or the
             1334      director's designee;
             1335          (iii) the state treasurer or the treasurer's designee;
             1336          (iv) the chair of the Board of Regents or the chair's designee; and
             1337          (v) the chair of the Utah Housing Corporation or the chair's designee; and
             1338          (b) six local government members who shall be:
             1339          (i) three elected or appointed county officials, nominated by the Utah Association of
             1340      Counties and appointed by the governor with the consent of the Senate; and
             1341          (ii) three elected or appointed municipal officials, nominated by the Utah League of
             1342      Cities and Towns and appointed by the governor with the consent of the Senate.
             1343          (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
             1344      government members of the board of review shall be four-year terms.
             1345          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the


             1346      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1347      board members are staggered so that approximately half of the board is appointed every two
             1348      years.
             1349          (c) Members may be reappointed only once.
             1350          (3) (a) If a local government member ceases to be an elected or appointed official of
             1351      the city or county the member is appointed to represent, that membership on the board of
             1352      review terminates immediately and there shall be a vacancy in the membership.
             1353          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             1354      appointed within 30 days in the manner of the regular appointment for the unexpired term, and
             1355      until his successor is appointed and qualified.
             1356          (4) (a) The chair of the board of review shall be the executive director of the
             1357      department or the executive director's designee.
             1358          (b) The chair is nonvoting except in the case of a tie vote.
             1359          (5) Six members of the board of review constitute a quorum.
             1360          (6) Formal action by the board of review requires a majority vote of a quorum.
             1361          [(7) (a) Members who are not government employees may not receive compensation or
             1362      benefits for their services, but may receive per diem and expenses incurred in the performance
             1363      of the member's official duties at the rates established by the Division of Finance under
             1364      Sections 63A-3-106 and 63A-3-107 .]
             1365          [(b) State government officer and employee members who do not receive salary, per
             1366      diem, or expenses from their agency for their service may receive per diem and expenses
             1367      incurred in the performance of their official duties from the board at the rates established by
             1368      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1369          [(c) Local government members who do not receive salary, per diem, or expenses from
             1370      the entity that they represent for their service may receive per diem and expenses incurred in
             1371      the performance of their official duties at the rates established by the Division of Finance
             1372      under Sections 63A-3-106 and 63A-3-107 .]
             1373          [(d) Higher education members who do not receive salary, per diem, or expenses from


             1374      the entity that they represent for their service may receive per diem and expenses incurred in
             1375      the performance of their official duties from the committee at the rates established by the
             1376      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1377          [(e) Members identified in Subsections (7)(a) through (d) may decline to receive per
             1378      diem and expenses for their service.]
             1379          (7) A member may not receive compensation or benefits for the member's service, but
             1380      may receive per diem and travel expenses in accordance with:
             1381          (a) Section 63A-3-106 ;
             1382          (b) Section 63A-3-107 ; and
             1383          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1384      63A-3-107 .
             1385          (8) The chair of the board of review serves as the state official designated under state
             1386      law to make certifications required to be made under Section 146 of the code including the
             1387      certification required by Section 149(e)(2)(F) of the code.
             1388          Section 23. Section 9-4-703 is amended to read:
             1389           9-4-703. Housing loan fund board -- Duties -- Expenses.
             1390          (1) There is created the Olene Walker Housing Loan Fund Board.
             1391          (2) The board shall be composed of 11 voting members.
             1392          (a) The governor shall appoint the following members to four-year terms:
             1393          (i) two members from local governments;
             1394          (ii) two members from the mortgage lending community;
             1395          (iii) one member from real estate sales interests;
             1396          (iv) one member from home builders interests;
             1397          (v) one member from rental housing interests;
             1398          (vi) one member from housing advocacy interests;
             1399          (vii) one member of the manufactured housing interest; and
             1400          (viii) two members of the general public.
             1401          (b) The director or his designee shall serve as the secretary of the committee.


             1402          (c) The members of the board shall annually elect a chair from among the voting
             1403      membership of the board.
             1404          (3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
             1405      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1406      board members are staggered so that approximately half of the board is appointed every two
             1407      years.
             1408          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             1409      appointed for the unexpired term.
             1410          (4) (a) The board shall:
             1411          (i) meet regularly, at least quarterly, on dates fixed by the board;
             1412          (ii) keep minutes of its meetings; and
             1413          (iii) comply with the procedures and requirements of Title 52, Chapter 4, Open and
             1414      Public Meetings Act.
             1415          (b) Seven members of the board constitute a quorum, and the governor, the chair, or a
             1416      majority of the board may call a meeting of the board.
             1417          (5) The board shall:
             1418          (a) review the housing needs in the state;
             1419          (b) determine the relevant operational aspects of any grant, loan, or revenue collection
             1420      program established under the authority of this chapter;
             1421          (c) determine the means to implement the policies and goals of this chapter;
             1422          (d) determine specific projects that the board considers should receive grant or loan
             1423      moneys; and
             1424          (e) determine how fund moneys shall be allocated and distributed.
             1425          [(6) (a) (i) Members who are not government employees shall receive no
             1426      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1427      the performance of the member's official duties at the rates established by the Division of
             1428      Finance under Sections 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 employee members who do not receive salary, per diem, or
             1431      expenses from their agency for their service may receive per diem and expenses incurred in the
             1432      performance of their official duties from the board at the rates established by the Division of
             1433      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1434          [(ii) State government employee members may decline to receive per diem and
             1435      expenses for their service.]
             1436          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1437      from the entity that they represent for their service may receive per diem and expenses
             1438      incurred in the performance of their official duties at the rates established by the Division of
             1439      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1440          [(ii) Local government members may decline to receive per diem and expenses for
             1441      their service.]
             1442          (6) A member may not receive compensation or benefits for the member's service, but
             1443      may receive per diem and travel expenses in accordance with:
             1444          (a) Section 63A-3-106 ;
             1445          (b) Section 63A-3-107 ; and
             1446          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1447      63A-3-107 .
             1448          Section 24. Section 9-4-801 is amended to read:
             1449           9-4-801. Creation.
             1450          (1) There is created the Homeless Coordinating Committee.
             1451          (2) (a) The committee shall consist of the state planning coordinator, the state
             1452      superintendent of public instruction, the chair of the board of trustees of the Utah Housing
             1453      Corporation, and the executive directors of the Department of Human Services, the
             1454      Department of Corrections, the Department of Community and Culture, the Department of
             1455      Workforce Services, and the Department of Health, or their designees.
             1456          (b) The governor shall appoint the chair from among these members.
             1457          (3) The governor may also appoint as members of the committee representatives of


             1458      local governments, local housing authorities, local law enforcement agencies, and of federal
             1459      and private agencies and organizations concerned with the homeless, mentally ill, elderly,
             1460      single-parent families, substance abusers, and persons with a disability.
             1461          (4) (a) Except as required by Subsection (4)(b), as terms of current committee
             1462      members expire, the governor shall appoint each new member or reappointed member to a
             1463      four-year term.
             1464          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1465      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1466      committee members are staggered so that approximately half of the committee is appointed
             1467      every two years.
             1468          (c) A person appointed under this Subsection (4) may not be appointed to serve more
             1469      than three consecutive terms.
             1470          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             1471      appointed for the unexpired term.
             1472          [(6) (a) (i) Members who are not government employees shall receive no
             1473      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1474      the performance of the member's official duties at the rates established by the Division of
             1475      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1476          [(ii) Members may decline to receive per diem and expenses for their service.]
             1477          [(b) (i) State government officer and employee members who do not receive salary, per
             1478      diem, or expenses from their agency for their service may receive per diem and expenses
             1479      incurred in the performance of their official duties from the committee at the rates established
             1480      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1481          [(ii) State government officer and employee members may decline to receive per diem
             1482      and expenses for their service.]
             1483          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1484      from the entity that they represent for their service may receive per diem and expenses
             1485      incurred in the performance of their official duties at the rates established by the Division of


             1486      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1487          [(ii) Local government members may decline to receive per diem and expenses for
             1488      their service.]
             1489          (6) A member may not receive compensation or benefits for the member's service, but
             1490      may receive per diem and travel expenses in accordance with:
             1491          (a) Section 63A-3-106 ;
             1492          (b) Section 63A-3-107 ; and
             1493          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1494      63A-3-107 .
             1495          Section 25. Section 9-4-904 is amended to read:
             1496           9-4-904. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers -- Quorum
             1497      -- Per diem and expenses.
             1498          (1) (a) There is created an independent body politic and corporate, constituting a
             1499      public corporation, known as the "Utah Housing Corporation."
             1500          (b) The corporation may also be known and do business as the:
             1501          (i) Utah Housing Finance Association; and
             1502          (ii) Utah Housing Finance Agency in connection with any contract entered into when
             1503      that was the corporation's legal name.
             1504          (c) Any other entity may not use the names described in Subsections (1)(a) and (b)
             1505      without the express approval of the corporation.
             1506          (2) The corporation shall be governed by a board of trustees composed of the
             1507      following nine trustees:
             1508          (a) three ex officio trustees who shall be:
             1509          (i) the executive director of the Department of Community and Culture or the
             1510      executive director's designee;
             1511          (ii) the commissioner of the Department of Financial Institutions or the
             1512      commissioner's designee; and
             1513          (iii) the state treasurer or the treasurer's designee; and


             1514          (b) six public trustees, being private citizens of the state, as follows:
             1515          (i) two people representing the mortgage lending industry;
             1516          (ii) two people representing the home building and real estate industry; and
             1517          (iii) two people representing the public at large.
             1518          (3) The governor shall:
             1519          (a) appoint the six public trustees of the corporation with the consent of the Senate;
             1520      and
             1521          (b) ensure that:
             1522          (i) the six public trustees are from different counties and are residents of Utah; and
             1523          (ii) not more than three of the public trustees belong to the same political party.
             1524          (4) (a) Except as required by Subsection (4)(b), the six public trustees shall be
             1525      appointed to terms of office of four years each.
             1526          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1527      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1528      corporation trustees are staggered so that approximately half of the board is appointed every
             1529      two years.
             1530          (5) (a) Any of the six public trustees of the corporation may be removed from office
             1531      for cause either by the governor or by an affirmative vote of any six trustees of the corporation.
             1532          (b) When a vacancy occurs in the board of trustees for any reason, the replacement
             1533      shall be appointed for the unexpired term.
             1534          (c) Each public trustee shall hold office for the term of appointment and until the
             1535      trustee's successor has been appointed and qualified.
             1536          (d) Any public trustee is eligible for reappointment but may not serve more than two
             1537      full consecutive terms.
             1538          (6) (a) The governor shall select the chair of the corporation.
             1539          (b) The trustees shall elect from among their number a vice chair and other officers
             1540      they may determine.
             1541          (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.


             1542          (b) An affirmative vote of at least five trustees is necessary for any action to be taken
             1543      by the corporation.
             1544          (c) A vacancy in the board of trustees may not impair the right of a quorum to exercise
             1545      all rights and perform all duties of the corporation.
             1546          [(8) (a) (i) Trustees who are not government employees may not receive compensation
             1547      or benefits for their services, but may receive a reasonable per diem and reimbursement
             1548      expenses incurred in the performance of the trustee's official duties at the rates established by
             1549      the board of trustees.]
             1550          [(ii) Trustees may decline to receive per diem and expenses for their service.]
             1551          [(b) (i) State government officer and employee trustees who do not receive salary, per
             1552      diem, or expenses from their agency for their service may receive per diem and expenses
             1553      incurred in the performance of their official duties from the corporation at the rates established
             1554      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1555          [(ii) State government officer and employee trustees may decline to receive per diem
             1556      and expenses for their service.]
             1557          (8) A trustee may not receive compensation or benefits for the trustee's service, but
             1558      may receive per diem and travel expenses in accordance with:
             1559          (a) Section 63A-3-106 ;
             1560          (b) Section 63A-3-107 ; and
             1561          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1562      63A-3-107 .
             1563          Section 26. Section 9-6-204 is amended to read:
             1564           9-6-204. Utah Arts Council Board of Directors.
             1565          (1) There is created within the department the Board of Directors of the Utah Arts
             1566      Council.
             1567          (2) (a) The board shall consist of 13 members appointed by the governor to four-year
             1568      terms of office with the consent of the Senate.
             1569          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the


             1570      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1571      board members are staggered so that approximately half of the board is appointed every two
             1572      years.
             1573          (c) Nine board members shall be working artists in the following areas:
             1574          (i) visual arts;
             1575          (ii) architecture or design;
             1576          (iii) literature;
             1577          (iv) music;
             1578          (v) sculpture;
             1579          (vi) folklore or folk arts;
             1580          (vii) theatre;
             1581          (viii) dance; and
             1582          (ix) media arts.
             1583          (d) Four board members shall be citizens knowledgeable in the arts.
             1584          (3) The members shall be appointed from the state at large with due consideration for
             1585      geographical representation.
             1586          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1587      appointed for the unexpired term by the governor within one month from the time of vacancy.
             1588          (5) Seven members of the board constitute a quorum for the transaction of business.
             1589          (6) The governor shall annually select one of the board members as chair.
             1590          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1591      receive per diem and expenses incurred in the performance of the member's official duties at
             1592      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1593          [(b) Members may decline to receive per diem and expenses for their service.]
             1594          (7) A member may not receive compensation or benefits for the member's service, but
             1595      may receive per diem and travel expenses in accordance with:
             1596          (a) Section 63A-3-106 ;
             1597          (b) Section 63A-3-107 ; and


             1598          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1599      63A-3-107 .
             1600          [(c) Members] (8) A member may not receive gifts, prizes, or awards of money from
             1601      the purchasing fund of the division during [their terms] the member's term of office.
             1602          Section 27. Section 9-6-305 is amended to read:
             1603           9-6-305. Art collection committee.
             1604          (1) The division shall appoint a committee of artists or judges of art to take charge of
             1605      all works of art acquired under this chapter. This collection shall be known as the Utah State
             1606      Alice Art Collection.
             1607          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             1608      expire, the division shall appoint each new member or reappointed member to a four-year
             1609      term.
             1610          (b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the
             1611      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1612      board members are staggered so that approximately half of the board is appointed every two
             1613      years.
             1614          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             1615      appointed for the unexpired term.
             1616          [(4) (a) Members shall receive no compensation or benefits for their services, but may
             1617      receive per diem and expenses incurred in the performance of the member's official duties at
             1618      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1619          [(b) Members may decline to receive per diem and expenses for their service.]
             1620          (4) A member may not receive compensation or benefits for the member's service, but
             1621      may receive per diem and travel expenses in accordance with:
             1622          (a) Section 63A-3-106 ;
             1623          (b) Section 63A-3-107 ; and
             1624          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1625      63A-3-107 .


             1626          Section 28. Section 9-6-604 is amended to read:
             1627           9-6-604. Museum Services Advisory Board -- Membership.
             1628          (1) There is created the Museum Services Advisory Board.
             1629          (2) The board shall consist of 11 members appointed by the governor.
             1630          (3) The governor shall ensure that the board includes:
             1631          (a) at least six members who are qualified, trained, and experienced museum
             1632      professionals, three of whom shall have a minimum of five years continuous paid work
             1633      experience in a museum and be drawn from a list proposed by the Utah Museums Association;
             1634          (b) other persons with an interest in Utah's museums; and
             1635          (c) representation from throughout Utah.
             1636          (4) (a) Advisory board members shall be appointed for terms of four years except that
             1637      three shall initially be appointed for two years, four for three years, and four for four years.
             1638          (b) They serve until their successors are appointed and qualified.
             1639          (5) (a) The governor shall appoint the chair of the board.
             1640          (b) The board shall choose a vice chair from its own members.
             1641          (c) Members may be reappointed for one additional term only, unless the governor
             1642      determines that unusual circumstances warrant a further term.
             1643          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             1644      appointed for the unexpired term.
             1645          (7) Six members of the board constitute a quorum for the transaction of business.
             1646          (8) The advisory board shall meet at least once a year.
             1647          [(9) (a) Members shall receive no compensation or benefits for their services, but may
             1648      receive per diem and expenses incurred in the performance of the member's official duties at
             1649      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1650          [(b) Members may decline to receive per diem and expenses for their service.]
             1651          (9) A member may not receive compensation or benefits for the member's service, but
             1652      may receive per diem and travel expenses in accordance with:
             1653          (a) Section 63A-3-106 ;


             1654          (b) Section 63A-3-107 ; and
             1655          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1656      63A-3-107 .
             1657          (10) The department shall pay those expenses on warrant to the Division of Finance
             1658      from money in the budget appropriated for that purpose.
             1659          Section 29. Section 9-6-704 is amended to read:
             1660           9-6-704. State-Owned Art Collections Inventory Program Committee --
             1661      Membership -- Chair -- Expenses -- Duties.
             1662          (1) There is created within the division the State-Owned Art Collections Inventory
             1663      Committee.
             1664          (2) The committee consists of seven members who shall be experts in one or more
             1665      aspect of the program as follows:
             1666          (a) the director of the Utah Museum of Fine Arts, or a designee;
             1667          (b) the director of the Utah Arts Council, or a designee;
             1668          (c) the director of the Division of Risk Management, or a designee;
             1669          (d) the director of the Utah Academic Library Consortium, or a designee;
             1670          (e) the director of the Utah State Archives and Records Service, or a designee;
             1671          (f) the director of the Division of Facilities Construction and Management; and
             1672          (g) a member of the public with expertise in the area of web site or database design
             1673      and administration appointed by the other members of the committee to serve at the pleasure
             1674      of the committee.
             1675          (3) (a) The committee shall annually elect a chairperson from its membership.
             1676          (b) (i) The committee shall hold meetings as needed to carry out its duties.
             1677          (ii) A meeting may be held on the call of the chair or a majority of the committee
             1678      members.
             1679          (c) Four committee members are necessary to constitute a quorum at any meeting and,
             1680      if a quorum exists, the action of a majority of members present shall be the action of the
             1681      committee.


             1682          [(4) (a) Committee members who are not government employees may not receive
             1683      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1684      the performance of their official duties at rates established by the Division of Finance under
             1685      Sections 63A-3-106 and 63A-3-107 .]
             1686          [(b) A committee member may decline to receive per diem and expenses for service to
             1687      the committee.]
             1688          (4) A committee member may not receive compensation or benefits for the member's
             1689      service, but may receive per diem and travel expenses in accordance with:
             1690          (a) Section 63A-3-106 ;
             1691          (b) Section 63A-3-107 ; and
             1692          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1693      63A-3-107 .
             1694          (5) The division shall provide staff support to the committee.
             1695          (6) The funding of the committee shall be a separate line item to the division in the
             1696      annual appropriations act.
             1697          (7) The committee shall:
             1698          (a) advise the division on the design and implementation of the inventory study
             1699      program;
             1700          (b) monitor, advise, and make recommendations to the division to promote and ensure
             1701      the efficient and effective plan for the inventory study program; and
             1702          (c) study promoting collaborative efforts to develop public awareness, public school
             1703      curriculum, and teacher training materials on the provisions of the program.
             1704          Section 30. Section 9-7-204 is amended to read:
             1705           9-7-204. State Library Board -- Members -- Meetings -- Expenses.
             1706          (1) There is created within the department the State Library Board.
             1707          (2) (a) The board shall consist of nine members appointed by the governor.
             1708          (b) One member shall be appointed on recommendation from each of the following
             1709      agencies:


             1710          (i) the State Office of Education;
             1711          (ii) the Board of Control of the State Law Library;
             1712          (iii) the Office of Legislative Research and General Counsel; and
             1713          (iv) the Utah System of Higher Education.
             1714          (c) Of the five remaining members at least two shall be appointed from rural areas.
             1715          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             1716      expire, the governor shall appoint each new member or reappointed member to a four-year
             1717      term.
             1718          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1719      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1720      board members are staggered so that approximately half of the board is appointed every two
             1721      years.
             1722          (4) The members may not serve more than two full consecutive terms.
             1723          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             1724      appointed for the unexpired term in the same manner as originally appointed.
             1725          (6) Five members of the board constitute a quorum for conducting board business.
             1726          (7) The governor shall select one of the board members as chair who shall serve for a
             1727      period of two years.
             1728          (8) The director of the State Library Division shall be executive officer of the board.
             1729          [(9) (a) (i) Members who are not government employees shall receive no
             1730      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1731      the performance of the member's official duties at the rates established by the Division of
             1732      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1733          [(ii) Members may decline to receive per diem and expenses for their service.]
             1734          [(b) (i) State government officer and employee members who do not receive salary, per
             1735      diem, or expenses from their agency for their service may receive per diem and expenses
             1736      incurred in the performance of their official duties from the board at the rates established by
             1737      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             1738          [(ii) State government officer and employee members may decline to receive per diem
             1739      and expenses for their service.]
             1740          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             1741      from the entity that they represent for their service may receive per diem and expenses
             1742      incurred in the performance of their official duties from the committee at the rates established
             1743      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1744          [(ii) Higher education members may decline to receive per diem and expenses for their
             1745      service.]
             1746          (9) A member may not receive compensation or benefits for the member's service, but
             1747      may receive per diem and travel expenses in accordance with:
             1748          (a) Section 63A-3-106 ;
             1749          (b) Section 63A-3-107 ; and
             1750          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1751      63A-3-107 .
             1752          Section 31. Section 9-8-204 is amended to read:
             1753           9-8-204. Board of State History.
             1754          (1) There is created within the department the Board of State History.
             1755          (2) The board shall consist of 11 members appointed by the governor with the consent
             1756      of the Senate as follows:
             1757          (a) sufficient representatives to satisfy the federal requirements for an adequately
             1758      qualified State Historic Preservation Review Board; and
             1759          (b) other persons with an interest in the subject matter of the division's
             1760      responsibilities.
             1761          (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
             1762      terms of four years and shall serve until their successors are appointed and qualified.
             1763          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1764      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1765      board members are staggered so that approximately half of the board is appointed every two


             1766      years.
             1767          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1768      appointed for the unexpired term with the consent of the Senate.
             1769          (5) Six members of the board are a quorum for the transaction of business.
             1770          (6) The governor shall select a chair and vice chair from the board members.
             1771          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1772      receive per diem and expenses incurred in the performance of the member's official duties at
             1773      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1774          [(b) Members may decline to receive per diem and expenses for their service.]
             1775          (7) A member may not receive compensation or benefits for the member's service, but
             1776      may receive per diem and travel expenses in accordance with:
             1777          (a) Section 63A-3-106 ;
             1778          (b) Section 63A-3-107 ; and
             1779          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1780      63A-3-107 .
             1781          Section 32. Section 9-9-104.5 is amended to read:
             1782           9-9-104.5. Meetings with tribal leaders and Indian groups.
             1783          (1) The division shall meet regularly with:
             1784          (a) elected officials of Indian tribes located in whole or in part in the state; or
             1785          (b) individuals designated by elected officials of the tribes described in Subsection
             1786      (1)(a).
             1787          (2) (a) Subject to Section 9-9-104.6 , at least five times each year, the division shall
             1788      coordinate and attend a joint meeting of the representatives of tribal governments listed in
             1789      Subsection (2)(b) for the purpose of coordinating the efforts of state and tribal governments in
             1790      meeting the needs of the Native Americans residing in the state.
             1791          (b) (i) The representatives to be included in the meeting described in Subsection (2)(a)
             1792      shall be selected as follows:
             1793          (A) an elected official of the Navajo Nation that resides in San Juan County selected


             1794      by the Navajo Nation government;
             1795          (B) an elected official of the Ute Indian Tribe of the Uintah and Ouray Reservation
             1796      selected by the Uintah and Ouray Tribal Business Committee;
             1797          (C) an elected official of the Paiute Indian Tribe of Utah selected by the Paiute Indian
             1798      Tribe of Utah Tribal Council;
             1799          (D) an elected official of the Northwestern Band of the Shoshoni Nation that resides in
             1800      Northern Utah selected by the Northwestern Band of the Shoshoni Nation Tribal Council;
             1801          (E) an elected official of the Confederate Tribes of Goshute Reservation that resides in
             1802      Ibapah selected by the Goshute Business Council;
             1803          (F) an elected official of the Skull Valley Band of Goshute Indians selected by the
             1804      Goshute Indian Tribal Executive Committee;
             1805          (G) an elected official of the Ute Mountain Ute Tribe that resides in Utah selected by
             1806      the Ute Mountain Ute Tribal Council; and
             1807          (H) an elected official of the San Juan Southern Paiute Tribe selected by the San Juan
             1808      Southern Paiute Tribal Council.
             1809          (ii) Notwithstanding Subsection (2)(b)(i), if an elected official of an Indian tribe
             1810      provides notice to the division, the Indian tribe may designate an individual other than the
             1811      elected official selected under Subsection (2)(b)(i) to represent the Indian tribe at a meeting
             1812      held under Subsection (2)(a).
             1813          (c) (i) A meeting held in accordance with Subsection (2)(a) is subject to Title 52,
             1814      Chapter 4, Open and Public Meetings Act.
             1815          (ii) A meeting of representatives listed in Subsection (2)(b) is not subject to the
             1816      requirements of Title 52, Chapter 4, Open and Public Meetings Act, notwithstanding whether
             1817      it is held on the same day as a meeting held in accordance with Subsection (2)(a) if:
             1818          (A) the division does not coordinate the meeting described in this Subsection
             1819      (2)(c)(ii);
             1820          (B) no state agency participates in the meeting described in this Subsection (2)(c)(ii);
             1821          (C) a representative receives no per diem or expenses under this section for attending


             1822      the meeting described in this Subsection (2)(c)(ii) that is in addition to any per diem or
             1823      expenses the representative receives under Subsection (2)(d) for attending a meeting described
             1824      in Subsection (2)(a); and
             1825          (D) the meeting described in this Subsection (2)(c)(ii) is not held:
             1826          (I) after a meeting described in Subsection (2)(a) begins; and
             1827          (II) before the meeting described in Subsection (2)(c)(ii)(D)(I) adjourns.
             1828          [(d) (i) The representative selected under Subsection (2)(b) that attends a meeting held
             1829      in accordance with Subsection (2)(a) who does not receive compensation, per diem, or
             1830      expenses from the tribal government specifically for the representative's attendance at that
             1831      meeting may receive per diem and expenses incurred in attending the meeting at the rates
             1832      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1833          [(ii) A representative of a tribal government that attends a meeting held in accordance
             1834      with Subsection (2)(a) may decline to receive per diem and expenses for the representative's
             1835      attendance.]
             1836          (d) A representative of a tribal government that attends a meeting held in accordance
             1837      with Subsection (2)(a) may not receive compensation or benefits for the representative's
             1838      service, but may receive per diem and travel expenses in accordance with:
             1839          (i) Section 63A-3-106 ;
             1840          (ii) Section 63A-3-107 ; and
             1841          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1842      63A-3-107 .
             1843          [(iii)] (e) For each meeting, only one individual from each tribe may receive per diem
             1844      and expenses, as provided in this Subsection (2)(d).
             1845          (3) The division may meet as necessary with Indian groups other than tribal
             1846      governments representing the interests of Native Americans who are citizens of the state
             1847      residing on or off reservation land.
             1848          Section 33. Section 9-9-104.6 is amended to read:
             1849           9-9-104.6. Participation of state agencies in meetings with tribal leaders --


             1850      Contact information.
             1851          (1) For at least three of the joint meetings described in Subsection 9-9-104.5 (2)(a), the
             1852      division shall coordinate with representatives of tribal governments and the entities listed in
             1853      Subsection (2) to provide for the broadest participation possible in the joint meetings.
             1854          (2) The following may participate in all meetings described in Subsection (1):
             1855          (a) the chairs of the Native American Legislative Liaison Committee created in
             1856      Section 36-22-1 ;
             1857          (b) the governor or the governor's designee; and
             1858          (c) a representative appointed by the chief administrative officer of the following:
             1859          (i) the Department of Health;
             1860          (ii) the Department of Human Services;
             1861          (iii) the Department of Natural Resources;
             1862          (iv) the Department of Workforce Services;
             1863          (v) the Governor's Office of Economic Development;
             1864          (vi) the State Office of Education; and
             1865          (vii) the State Board of Regents.
             1866          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b)
             1867      shall:
             1868          (i) designate the name of a contact person for that agency that can assist in
             1869      coordinating the efforts of state and tribal governments in meeting the needs of the Native
             1870      Americans residing in the state; and
             1871          (ii) notify the division:
             1872          (A) who is the designated contact person described in Subsection (3)(a)(i); and
             1873          (B) of any change in who is the designated contact person described in Subsection
             1874      (3)(a)(i).
             1875          (b) This Subsection (3) applies to:
             1876          (i) the Department of Agriculture and Food;
             1877          (ii) the Department of Community and Culture;


             1878          (iii) the Department of Corrections;
             1879          (iv) the Department of Environmental Quality;
             1880          (v) the Department of Public Safety;
             1881          (vi) the Department of Transportation;
             1882          (vii) the Office of the Attorney General;
             1883          (viii) the State Tax Commission; and
             1884          (ix) any agency described in Subsection (2)(c).
             1885          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
             1886      participate in a meeting described in Subsection (1).
             1887          [(4) (a) Salaries and expenses of a legislator participating in accordance with this
             1888      section in a meeting described in Subsection (1) shall be paid in accordance with Section
             1889      36-2-2 and Joint Rule 15.03.]
             1890          [(b) A state government officer or employee may receive per diem and expenses at the
             1891      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 for
             1892      participating in a meeting described in Subsection (1) if the officer or employee:]
             1893          [(i) participates in the meeting in accordance with this section; and]
             1894          [(ii) does not receive salary, per diem, or expenses from the officer's or employee's
             1895      agency for participating in the meeting.]
             1896          [(c) A state government officer or employee that participates in a meeting described in
             1897      Subsection (1) may decline to receive per diem and expenses for participating in the meeting.]
             1898          (4) A participant under this section who is not a legislator may not receive
             1899      compensation or benefits for the participant's service, but may receive per diem and travel
             1900      expenses in accordance with:
             1901          (a) Section 63A-3-106 ;
             1902          (b) Section 63A-3-107 ; and
             1903          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1904      63A-3-107 .
             1905          Section 34. Section 9-9-405 is amended to read:


             1906           9-9-405. Review committee.
             1907          (1) There is created a Native American Remains Review Committee.
             1908          (2) (a) The review committee shall be composed of seven members as follows:
             1909          (i) four shall be appointed by the director from nominations submitted by Indian
             1910      tribes; and
             1911          (ii) three shall be appointed by the director from nominations submitted by
             1912      representatives of repositories.
             1913          (b) Except as required by Subsection (2)(c), as terms of current committee members
             1914      expire, the director shall appoint each new member or reappointed member to a four-year term.
             1915          (c) Notwithstanding the requirements of Subsection (2)(b), the director shall, at the
             1916      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1917      committee members are staggered so that approximately half of the review committee is
             1918      appointed every two years.
             1919          (d) When a vacancy occurs in the membership for any reason, the director shall
             1920      appoint a replacement for the unexpired term.
             1921          [(e) (i) A member may not receive compensation or benefits for the member's services,
             1922      but may receive per diem and expenses incurred in the performance of the member's official
             1923      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             1924      63A-3-107 .]
             1925          [(ii) A member may decline to receive per diem and expenses for the member's
             1926      service.]
             1927          (e) A member may not receive compensation or benefits for the member's service, but
             1928      may receive per diem and travel expenses in accordance with:
             1929          (i) Section 63A-3-106 ;
             1930          (ii) Section 63A-3-107 ; and
             1931          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1932      63A-3-107 .
             1933          (f) The review committee shall designate one of its members as chair.


             1934          (3) The review committee shall:
             1935          (a) monitor the identification process conducted under Section 9-9-403 to ensure a fair
             1936      and objective consideration and assessment of all available relevant information and evidence;
             1937          (b) review a finding relating to the following, subject to the rules made by the division
             1938      under Subsection 9-9-403 (6):
             1939          (i) the identity or cultural affiliation of Native American remains; or
             1940          (ii) the return of Native American remains;
             1941          (c) facilitate the resolution of a dispute among Indian tribes or lineal descendants and
             1942      state agencies relating to the return of Native American remains, including convening the
             1943      parties to the dispute if considered desirable;
             1944          (d) consult with Indian tribes on matters within the scope of the work of the review
             1945      committee affecting these tribes;
             1946          (e) consult with the division in the development of rules to carry out this part;
             1947          (f) perform other related functions as the division may assign to the review committee;
             1948      and
             1949          (g) make recommendations, if appropriate, regarding care of Native American remains
             1950      that are to be repatriated.
             1951          (4) A record or finding made by the review committee relating to the identity of or
             1952      cultural affiliation of Native American remains and the return of Native American remains
             1953      may be admissible in any action brought under this part.
             1954          (5) The appropriate state agency having primary authority over the lands as provided
             1955      in Chapter 8, Part 3, Antiquities, shall ensure that the review committee has reasonable access
             1956      to:
             1957          (a) Native American remains under review; and
             1958          (b) associated scientific and historical documents.
             1959          (6) The division shall provide reasonable administrative and staff support necessary
             1960      for the deliberations of the review committee.
             1961          (7) The review committee shall submit an annual report to the Native American


             1962      Legislative Liaison Committee, created in Section 36-22-1 , on the progress made, and any
             1963      barriers encountered, in implementing this section during the previous year.
             1964          Section 35. Section 9-10-103 is amended to read:
             1965           9-10-103. Uintah Basin Revitalization Fund Board created -- Members -- Terms
             1966      -- Chair -- Quorum -- Expenses.
             1967          (1) There is created within the division the Revitalization Board composed of five
             1968      members as follows:
             1969          (a) the governor or his designee;
             1970          (b) a Uintah County commissioner;
             1971          (c) a Duchesne County commissioner; and
             1972          (d) two representatives of the Business Committee of the Tribe.
             1973          (2) The terms of office for the members of the board shall run concurrently with the
             1974      terms of office for the governor, commissioners, and Business Committee of the Tribe.
             1975          (3) The governor, or his designee, shall be the chair of the board.
             1976          (4) Four board members are a quorum.
             1977          (5) All decisions of the board require four affirmative votes.
             1978          [(6) (a) (i) Members who are not government employees shall receive no
             1979      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1980      the performance of the member's official duties at the rates established by the Division of
             1981      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1982          [(ii) Members may decline to receive per diem and expenses for their service.]
             1983          [(b) (i) State government officer and employee members who do not receive salary, per
             1984      diem, or expenses from their agency for their service may receive per diem and expenses
             1985      incurred in the performance of their official duties from the board at the rates established by
             1986      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1987          [(ii) State government officer and employee members may decline to receive per diem
             1988      and expenses for their service.]
             1989          [(c) (i) Local government members who do not receive salary, per diem, or expenses


             1990      from the entity that they represent for their service may receive per diem and expenses
             1991      incurred in the performance of their official duties at the rates established by the Division of
             1992      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1993          [(ii) Local government members may decline to receive per diem and expenses for
             1994      their service.]
             1995          (6) A member may not receive compensation or benefits for the member's service, but
             1996      may receive per diem and travel expenses in accordance with:
             1997          (a) Section 63A-3-106 ;
             1998          (b) Section 63A-3-107 ; and
             1999          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2000      63A-3-107 .
             2001          Section 36. Section 9-11-105 is amended to read:
             2002           9-11-105. Navajo Revitalization Fund Board.
             2003          (1) There is created within the division the Navajo Revitalization Board composed of
             2004      five members as follows:
             2005          (a) the governor or the governor's designee;
             2006          (b) the two members of the San Juan County commission whose districts include
             2007      portions of the Navajo Reservation;
             2008          (c) the chair of the Navajo Utah Commission or a member of the commission
             2009      designated by the chair of the Navajo Utah Commission; and
             2010          (d) (i) ending June 30, 2008, the chair of the Utah Dineh Committee, as created in
             2011      Section 63-88-107 , or a member of the committee designated by the chair; and
             2012          (ii) beginning July 1, 2008, a president of a Utah Navajo Chapter or an individual
             2013      designated by the president under an annual rotation system of Utah Navajo Chapters as
             2014      follows:
             2015          (A) the president of a Utah Navajo Chapter shall serve for one year;
             2016          (B) the Utah Navajo Chapter is rotated in alphabetical order as provided in Subsection
             2017      9-11-102 (7), except that the rotation will begin on July 1, 2008 with the Dennehotso Chapter;


             2018          (C) if the president of a Utah Navajo Chapter under Subsection (1)(d)(ii)(B) is the
             2019      same individual as the individual listed in Subsection (1)(c):
             2020          (I) that Utah Navajo Chapter is skipped as part of that rotation; and
             2021          (II) the president of the next Utah Navajo Chapter in the alphabetical rotation shall
             2022      serve on the board.
             2023          (2) The term of office for a member of the board described in Subsections (1)(a)
             2024      through (c) runs concurrently with the term of office for the governor, county commissioner,
             2025      or member of the Navajo Utah Commission.
             2026          (3) (a) The governor, or the governor's designee, is the chair of the board.
             2027          (b) The chair shall call necessary meetings.
             2028          [(4) (a) (i) A member who is not a government employee of the state or local
             2029      government may not receive compensation or benefits for the member's services, but may
             2030      receive per diem and expenses incurred in the performance of the member's official duties at
             2031      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2032          [(ii) A member who is not a government employee of the state or local government
             2033      may decline to receive per diem and expenses for the member's service.]
             2034          [(b) (i) A state government officer or employee member who does not receive salary,
             2035      per diem, or expenses from the member's agency for the member's service may receive per
             2036      diem and expenses incurred in the performance of the member's official duties from the board
             2037      at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2038          [(ii) A state government officer or employee member may decline to receive per diem
             2039      and expenses for the member's service.]
             2040          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2041      from the entity that the member represents for the member's service may receive per diem and
             2042      expenses incurred in the performance of the member's official duties at the rates established by
             2043      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2044          [(ii) A local government member may decline to receive per diem and expenses for the
             2045      member's service.]


             2046          (4) A member may not receive compensation or benefits for the member's service, but
             2047      may receive per diem and travel expenses in accordance with:
             2048          (a) Section 63A-3-106 ;
             2049          (b) Section 63A-3-107 ; and
             2050          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2051      63A-3-107 .
             2052          [(d)] (5) The per diem and travel expenses permitted under [this] Subsection (4) may
             2053      be included as costs of administration of the revitalization fund.
             2054          [(5)] (6) Four board members are a quorum.
             2055          [(6)] (7) An affirmative vote of each member of the board present at a meeting when a
             2056      quorum is present is required for a board decision related to monies in or disbursed from the
             2057      revitalization fund.
             2058          Section 37. Section 10-6-153 is amended to read:
             2059           10-6-153. Municipal government fiscal committee created -- Members -- Terms
             2060      -- Vacancies -- Recommendations.
             2061          (1) There is hereby created a municipal government fiscal committee, the members of
             2062      which shall be:
             2063          (a) all auditors of cities of the first class and two auditors from cities of the second
             2064      class appointed by the state auditor;
             2065          (b) four elected or appointed municipal officials, two of whom shall be from larger
             2066      cities of the third class, one of whom shall be from cities of the fourth class, and one of whom
             2067      shall be from cities of the fifth class, appointed by the state auditor from a list recommended
             2068      by the Utah League of Cities and Towns; and
             2069          (c) two additional members who are knowledgeable in the area of municipal fiscal
             2070      affairs appointed by the state auditor.
             2071          (2) (a) Members shall be appointed to four-year terms on the committee, provided that
             2072      the term of an elected or appointed official shall terminate upon ceasing to be an elected
             2073      official or an employee of the city for which such person worked when appointed.


             2074          (b) Notwithstanding the requirements of Subsection (2)(a), the auditor shall, at the
             2075      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2076      committee members are staggered so that approximately half of the committee is appointed
             2077      every two years.
             2078          (3) Any vacancy shall be filled by the state auditor from the same class as the original
             2079      appointment as described in Subsection (1). Members may be reappointed.
             2080          (4) The advisory committee shall assist, advise, and make recommendations to the
             2081      state auditor in the preparation of uniform accounting and reporting procedures and program
             2082      and performance accounting, budgeting, and reporting for cities.
             2083          [(5) (a) Members shall receive no compensation or benefits for their services, but may
             2084      receive per diem and expenses incurred in the performance of the member's official duties at
             2085      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2086          [(b) Members may decline to receive per diem and expenses for their service.]
             2087          [(c) Local government members who do not receive salary, per diem, or expenses from
             2088      the entity that they represent for their service may receive per diem and expenses incurred in
             2089      the performance of their official duties at the rates established by the Division of Finance
             2090      under Sections 63A-3-106 and 63A-3-107 .]
             2091          [(d) Local government members may decline to receive per diem and expenses for
             2092      their service.]
             2093          (5) A member may not receive compensation or benefits for the member's service, but
             2094      may receive per diem and travel expenses in accordance with:
             2095          (a) Section 63A-3-106 ;
             2096          (b) Section 63A-3-107 ; and
             2097          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2098      63A-3-107 .
             2099          Section 38. Section 11-38-201 is amended to read:
             2100           11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
             2101      Organization -- Expenses -- Staff.


             2102          (1) (a) There is created a Quality Growth Commission consisting of:
             2103          (i) the director of the Department of Natural Resources;
             2104          (ii) the commissioner of the Department of Agriculture and Food;
             2105          (iii) six elected officials at the local government level, three of whom may not be
             2106      residents of a county of the first or second class; and
             2107          (iv) five persons from the profit and nonprofit private sector, two of whom may not be
             2108      residents of a county of the first or second class and no more than three of whom may be from
             2109      the same political party and one of whom shall be from the residential construction industry,
             2110      nominated by the Utah Home Builders Association, and one of whom shall be from the real
             2111      estate industry, nominated by the Utah Association of Realtors.
             2112          (b) (i) The director of the Department of Natural Resources and the commissioner of
             2113      the Department of Agriculture and Food may not assume their positions on the commission
             2114      until:
             2115          (A) after May 1, 2005; and
             2116          (B) the term of the respective predecessor in office, who is a state government level
             2117      appointee, expires.
             2118          (ii) The term of a commission member serving on May 1, 2005 as one of the six
             2119      elected local officials or five private sector appointees may not be shortened because of
             2120      application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
             2121      from counties of the first or second class.
             2122          (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall
             2123      be appointed by the governor with the consent of the Senate.
             2124          (b) The governor shall select three of the six members under Subsection (1)(a)(iii)
             2125      from a list of names provided by the Utah League of Cities and Towns, and shall select the
             2126      remaining three from a list of names provided by the Utah Association of Counties.
             2127          (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
             2128      community from a list of names provided by Utah farm organizations.
             2129          (3) (a) The term of office of each member is four years, except that the governor shall


             2130      appoint one of the persons at the state government level, three of the persons at the local
             2131      government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
             2132      term.
             2133          (b) No member of the commission may serve more than two consecutive four-year
             2134      terms.
             2135          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner
             2136      as an appointment under Subsection (2).
             2137          (5) Commission members shall elect a chair from their number and establish rules for
             2138      the organization and operation of the commission.
             2139          [(6) (a) No member may receive compensation or benefits for the member's service on
             2140      the commission.]
             2141          [(b) (i) A member who is not a government officer or employee may be reimbursed for
             2142      reasonable expenses incurred in the performance of the member's official duties at the rates
             2143      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2144          [(ii) A member who is a government officer or employee and who does not receive
             2145      expenses from the member's agency may be reimbursed for reasonable expenses incurred in
             2146      the performance of the member's official duties at the rates established by the Division of
             2147      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2148          [(c) A member may decline to be reimbursed for reasonable expenses incurred in the
             2149      performance of the member's official duties.]
             2150          (6) A member may not receive compensation or benefits for the member's service, but
             2151      may receive per diem and travel expenses in accordance with:
             2152          (a) Section 63A-3-106 ;
             2153          (b) Section 63A-3-107 ; and
             2154          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2155      63A-3-107 .
             2156          [(d)] (7) A member is not required to give bond for the performance of official duties.
             2157          [(7)] (8) Staff services to the commission:


             2158          (a) shall be provided by OPB; and
             2159          (b) may be provided by local entities through the Utah Association of Counties and
             2160      the Utah League of Cities and Towns, with funds approved by the commission from those
             2161      identified as available to local entities under Subsection 11-38-203 (1)(a).
             2162          Section 39. Section 13-14-103 is amended to read:
             2163           13-14-103. Utah Motor Vehicle Franchise Advisory Board -- Creation --
             2164      Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of
             2165      interest.
             2166          (1) There is created within the department the Utah Motor Vehicle Franchise Advisory
             2167      Board that consists of:
             2168          (a) the executive director or the executive director's designee; and
             2169          (b) seven members appointed by the executive director, with the concurrence of the
             2170      governor as follows:
             2171          (i) one recreational motor vehicle franchisee;
             2172          (ii) three new motor vehicle franchisees from different congressional districts in the
             2173      state; and
             2174          (iii) (A) three members representing motor vehicle franchisors registered by the
             2175      department pursuant to Section 13-14-105 ;
             2176          (B) three members of the general public, none of whom shall be related to any
             2177      franchisee; or
             2178          (C) three members consisting of any combination of these representatives under this
             2179      Subsection (1)(b)(iii).
             2180          (2) (a) The executive director shall appoint, with the concurrence of the governor,
             2181      three alternate members, with one alternate from each of the designations set forth in
             2182      Subsections (1)(b)(i), (1)(b)(ii), and (1)(b)(iii), except that the new motor vehicle franchisee
             2183      alternate or alternates for the designation under Subsection (1)(b)(ii) may be from any
             2184      congressional district.
             2185          (b) An alternate shall take the place of a regular advisory board member from the same


             2186      designation at a meeting of the advisory board where that regular advisory board member is
             2187      absent or otherwise disqualified from participating in the advisory board meeting.
             2188          (3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)
             2189      are appointed for a term of four years.
             2190          (ii) No specific term applies to the executive director or the executive director's
             2191      designee.
             2192          (b) The executive director may adjust the term of members who were appointed to the
             2193      advisory board prior to July 1, 2001, by extending the unexpired term of a member for up to
             2194      two additional years in order to insure that approximately half of the members are appointed
             2195      every two years.
             2196          (c) In the event of a vacancy on the advisory board of a member appointed under
             2197      Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall
             2198      appoint an individual to complete the unexpired term of the member whose office is vacant.
             2199          (d) A member may not be appointed to more than two consecutive terms.
             2200          (4) (a) The executive director or the executive director's designee is the chair of the
             2201      advisory board.
             2202          (b) The department shall keep a record of all hearings, proceedings, transactions,
             2203      communications, and recommendations of the advisory board.
             2204          (5) (a) Four or more members of the advisory board constitute a quorum for the
             2205      transaction of business.
             2206          (b) The action of a majority of a quorum present is considered the action of the
             2207      advisory board.
             2208          (6) (a) A member of the advisory board may not participate as a board member in a
             2209      proceeding or hearing:
             2210          (i) involving the member's licensed business or employer; or
             2211          (ii) when a member, a member's business or family, or employer has a pecuniary
             2212      interest in the outcome or other conflict of interest concerning an issue before the advisory
             2213      board.


             2214          (b) If a member of the advisory board is disqualified under Subsection (6)(a), the
             2215      executive director shall select the appropriate alternate member to act on the issue before the
             2216      advisory board as provided in Subsection (2).
             2217          (7) Except for the executive director or the executive director's designee, an individual
             2218      may not be appointed or serve on the advisory board while holding any other elective or
             2219      appointive state or federal office.
             2220          [(8) (a) (i) A member of the advisory board who is not a government employee shall
             2221      receive no compensation or benefits for the member's services, but may receive per diem and
             2222      expenses incurred in the performance of the member's official duties at the rates established by
             2223      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2224          [(ii) A member may decline to receive per diem and expenses for the member's
             2225      services.]
             2226          [(b) (i) A state government officer and employee member who does not receive salary,
             2227      per diem, or expenses from the member's agency for the member's service may receive per
             2228      diem and expenses incurred in the performance of the member's official duties at the rates
             2229      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2230          [(ii) A state government officer and employee member may decline to receive per
             2231      diem and expenses for the member's service.]
             2232          (8) A member may not receive compensation or benefits for the member's service, but
             2233      may receive per diem and travel expenses in accordance with:
             2234          (a) Section 63A-3-106 ;
             2235          (b) Section 63A-3-107 ; and
             2236          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2237      63A-3-107 .
             2238          (9) The department shall provide necessary staff support to the advisory board.
             2239          Section 40. Section 13-35-103 is amended to read:
             2240           13-35-103. Utah Powersport Vehicle Franchise Advisory Board -- Creation --
             2241      Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of


             2242      interest.
             2243          (1) There is created within the department the Utah Powersport Vehicle Franchise
             2244      Advisory Board that consists of:
             2245          (a) the executive director or the executive director's designee; and
             2246          (b) six members appointed by the executive director, with the concurrence of the
             2247      governor, as follows:
             2248          (i) three new powersport vehicle franchisees, one from each of the three congressional
             2249      districts in the state; and
             2250          (ii) (A) three members representing powersport vehicle franchisors registered by the
             2251      department pursuant to Section 13-35-105 ;
             2252          (B) three members of the general public, none of whom shall be related to any
             2253      franchisee; or
             2254          (C) three members consisting of any combination of these representatives under this
             2255      Subsection (1)(b)(ii).
             2256          (2) (a) The executive director shall also appoint, with the concurrence of the governor,
             2257      three alternate members, with at least one alternate from each of the designations set forth in
             2258      Subsections (1)(b)(i) and (1)(b)(ii), except that the new powersport vehicle franchisee alternate
             2259      or alternates for the designation under Subsection (1)(b)(i) may be from any congressional
             2260      district.
             2261          (b) An alternate shall take the place of a regular advisory board member from the same
             2262      designation at a meeting of the advisory board where that regular advisory board member is
             2263      absent or otherwise disqualified from participating in the advisory board meeting.
             2264          (3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)
             2265      shall be appointed for a term of four years.
             2266          (ii) No specific term shall apply to the executive director or the executive director's
             2267      designee.
             2268          (b) The executive director may adjust the term of members who were appointed to the
             2269      advisory board prior to July 1, 2002, by extending the unexpired term of a member for up to


             2270      two additional years in order to insure that approximately half of the members are appointed
             2271      every two years.
             2272          (c) In the event of a vacancy on the advisory board of a member appointed under
             2273      Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall
             2274      appoint an individual to complete the unexpired term of the member whose office is vacant.
             2275          (d) A member may not be appointed to more than two consecutive terms.
             2276          (4) (a) The executive director or the executive director's designee shall be the chair of
             2277      the advisory board.
             2278          (b) The department shall keep a record of all hearings, proceedings, transactions,
             2279      communications, and recommendations of the advisory board.
             2280          (5) (a) Four or more members of the advisory board constitute a quorum for the
             2281      transaction of business.
             2282          (b) The action of a majority of a quorum present is considered the action of the
             2283      advisory board.
             2284          (6) (a) A member of the advisory board may not participate as a board member in a
             2285      proceeding or hearing:
             2286          (i) involving the member's business or employer; or
             2287          (ii) when a member, a member's business, family, or employer has a pecuniary interest
             2288      in the outcome or other conflict of interest concerning an issue before the advisory board.
             2289          (b) If a member of the advisory board is disqualified under Subsection (6)(a), the
             2290      executive director shall select the appropriate alternate member to act on the issue before the
             2291      advisory board as provided in Subsection (2).
             2292          (7) Except for the executive director or the executive director's designee, an individual
             2293      may not be appointed or serve on the advisory board while holding any other elective or
             2294      appointive state or federal office.
             2295          [(8) (a) (i) A member of the advisory board who is not a government employee shall
             2296      receive no compensation or benefits for the member's services, but may receive per diem and
             2297      expenses incurred in the performance of the member's official duties at the rates established by


             2298      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2299          [(ii) A member may decline to receive per diem and expenses for the member's
             2300      services.]
             2301          [(b) (i) A state government officer or employee member who does not receive salary,
             2302      per diem, or expenses from the member's agency for the member's service may receive per
             2303      diem and expenses incurred in the performance of the member's official duties at the rates
             2304      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2305          [(ii) A state government officer or employee member may decline to receive per diem
             2306      and expenses for the member's service.]
             2307          (8) A member may not receive compensation or benefits for the member's service, but
             2308      may receive per diem and travel expenses in accordance with:
             2309          (a) Section 63A-3-106 ;
             2310          (b) Section 63A-3-107 ; and
             2311          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2312      63A-3-107 .
             2313          (9) The department shall provide necessary staff support to the advisory board.
             2314          Section 41. Section 13-43-202 is amended to read:
             2315           13-43-202. Land Use and Eminent Domain Advisory Board -- Appointment --
             2316      Compensation -- Duties.
             2317          (1) There is created the Land Use and Eminent Domain Advisory Board, within the
             2318      Office of the Property Rights Ombudsman, consisting of the following seven members:
             2319          (a) one individual representing special service districts, nominated by the Utah
             2320      Association of Special Districts;
             2321          (b) one individual representing municipal government, nominated by the Utah League
             2322      of Cities and Towns;
             2323          (c) one individual representing county government, nominated by the Utah
             2324      Association of Counties;
             2325          (d) one individual representing the residential construction industry, nominated by the


             2326      Utah Home Builders Association;
             2327          (e) one individual representing the real estate industry, nominated by the Utah
             2328      Association of Realtors;
             2329          (f) one individual representing the land development community, jointly nominated by
             2330      the Utah Association of Realtors and the Home Builders Association of Utah; and
             2331          (g) one individual who:
             2332          (i) is a citizen with experience in land use issues;
             2333          (ii) does not hold public office; and
             2334          (iii) is not currently employed, nor has been employed in the previous 12 months, by
             2335      any of the entities or industries listed in Subsections (1)(a) through (f).
             2336          (2) After receiving nominations, the governor shall appoint members to the board.
             2337          (3) The term of office of each member is four years, except that the governor shall
             2338      appoint three of the members of the board to an initial two-year term.
             2339          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner
             2340      as an appointment under Subsections (1) and (2).
             2341          (5) (a) Board members shall elect a chair from their number and establish rules for the
             2342      organization and operation of the board.
             2343          (b) Five members of the board constitute a quorum for the conduct of the board's
             2344      business.
             2345          (c) The affirmative vote of five members is required to constitute the decision of the
             2346      board on any matter.
             2347          [(6) (a) No member may receive compensation or benefits for the member's service on
             2348      the board.]
             2349          [(b) (i) A member who is not a government officer or employee may be reimbursed for
             2350      reasonable expenses incurred in the performance of the member's official duties at the rates
             2351      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2352          [(ii) A member who is a government officer or employee and who does not receive
             2353      expenses from the member's agency may be reimbursed for reasonable expenses incurred in


             2354      the performance of the member's official duties at the rates established by the Division of
             2355      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2356          [(c) A member may decline to be reimbursed for reasonable expenses incurred in the
             2357      performance of the member's official duties.]
             2358          (6) A member may not receive compensation or benefits for the member's service, but
             2359      may receive per diem and travel expenses in accordance with:
             2360          (a) Section 63A-3-106 ;
             2361          (b) Section 63A-3-107 ; and
             2362          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2363      63A-3-107 .
             2364          [(d)] (7) A member need not give a bond for the performance of official duties.
             2365          [(7)] (8) The Office of the Property Rights Ombudsman shall provide staff to the
             2366      board.
             2367          [(8)] (9) The board shall:
             2368          (a) receive reports from the Office of the Property Rights Ombudsman that are
             2369      requested by the board;
             2370          (b) establish rules of conduct and performance for the Office of the Property Rights
             2371      Ombudsman;
             2372          (c) receive donations or contributions from any source for the Office of the Property
             2373      Rights Ombudsman's benefit;
             2374          (d) subject to any restriction placed on a donation or contribution received under
             2375      Subsection [(8)] (9)(c), authorize the expenditure of donations or contributions for the Office
             2376      of the Property Rights Ombudsman's benefit;
             2377          (e) receive budget recommendations from the Office of the Property Rights
             2378      Ombudsman; and
             2379          (f) revise budget recommendations received under Subsection [(8)] (9)(e).
             2380          [(9)] (10) The board shall maintain a resource list of qualified arbitrators and
             2381      mediators who may be appointed under Section 13-43-204 and qualified persons who may be


             2382      appointed to render advisory opinions under Section 13-43-205 .
             2383          Section 42. Section 17-36-5 is amended to read:
             2384           17-36-5. Creation of Citizens and County Officials Advisory Committee.
             2385          (1) For the purpose of this act there is created a Citizens and County Officials
             2386      Advisory Committee appointed by the state auditor composed of the following persons:
             2387          (a) five county auditors elected to that specific and exclusive position;
             2388          (b) five county treasurers elected to that specific and exclusive position;
             2389          (c) two citizens with expertise in the area of local government and the needs and
             2390      problems of such government;
             2391          (d) four additional elected county officers, one of whom shall be from the five largest
             2392      counties in the state and one of whom shall be from the five smallest counties in the state; and
             2393          (e) such other members as the auditor considers appropriate.
             2394          (2) (a) Except as required by Subsection (2)(b), the terms of committee members shall
             2395      be four years each.
             2396          (b) Notwithstanding the requirements of Subsection (2)(a), the state auditor shall, at
             2397      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             2398      of committee members are staggered so that approximately half of the committee is appointed
             2399      every two years.
             2400          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             2401      appointed for the unexpired term.
             2402          [(4) (a) (i) Members who are not government employees shall receive no
             2403      compensation or benefits for their services, but may receive per diem and expenses incurred in
             2404      the performance of the member's official duties at the rates established by the Division of
             2405      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2406          [(ii) Members may decline to receive per diem and expenses for their service.]
             2407          [(b) (i) State government officer and employee members who do not receive salary, per
             2408      diem, or expenses from their agency for their service may receive per diem and expenses
             2409      incurred in the performance of their official duties from the committee at the rates established


             2410      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2411          [(ii) State government officer and employee members may decline to receive per diem
             2412      and expenses for their service.]
             2413          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             2414      from the entity that they represent for their service may receive per diem and expenses
             2415      incurred in the performance of their official duties at the rates established by the Division of
             2416      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2417          [(ii) Local government members may decline to receive per diem and expenses for
             2418      their service.]
             2419          (4) A member may not receive compensation or benefits for the member's service, but
             2420      may receive per diem and travel expenses in accordance with:
             2421          (a) Section 63A-3-106 ;
             2422          (b) Section 63A-3-107 ; and
             2423          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2424      63A-3-107 .
             2425          (5) The advisory committee shall assist, advise, and make recommendations to the
             2426      state auditor in the preparation of a uniform system of county budgeting, accounting, and
             2427      reporting.
             2428          Section 43. Section 17B-1-307 is amended to read:
             2429           17B-1-307. Annual compensation -- Per diem compensation -- Participation in
             2430      group insurance plan -- Reimbursement of expenses.
             2431          (1) (a) Except as provided in Subsection 17B-1-308 (1)(e), a member of a board of
             2432      trustees may receive compensation for service on the board, as determined by the board of
             2433      trustees.
             2434          (b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
             2435      year.
             2436          (c) (i) As determined by the board of trustees, a member of the board of trustees may
             2437      participate in a group insurance plan provided to employees of the local district on the same


             2438      basis as employees of the local district.
             2439          (ii) The amount that the local district pays to provide a member with coverage under a
             2440      group insurance plan shall be included as part of the member's compensation for purposes of
             2441      Subsection (1)(b).
             2442          [(2) (a) As determined by the board of trustees, a member of a board of trustees may
             2443      receive per diem compensation, in addition to the compensation provided in Subsection (1),
             2444      for attendance at up to 12 meetings or activities per year related to any district business.]
             2445          [(b) The amount of per diem compensation under Subsection (2)(a) shall be as
             2446      established by the Division of Finance for policy boards, advisory boards, councils, or
             2447      committees within state government.]
             2448          [(3) In addition to any compensation a member receives under this section, each
             2449      member of a board of trustees shall be reimbursed by the local district for all actual and
             2450      necessary expenses incurred in attending board meetings and in performing the member's
             2451      official duties.]
             2452          (2) In addition to the compensation provided under Subsection (1), the board of
             2453      trustees may elect to allow a member to receive per diem and travel expenses for up to 12
             2454      meetings or activities per year in accordance with:
             2455          (a) Section 63A-3-106 ;
             2456          (b) Section 63A-3-107 ; and
             2457          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2458      63A-3-107 .
             2459          Section 44. Section 19-2-103 is amended to read:
             2460           19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per
             2461      diem and expenses.
             2462          (1) The board comprises 11 members, one of whom shall be the executive director and
             2463      10 of whom shall be appointed by the governor with the consent of the Senate.
             2464          (2) The members shall be knowledgeable of air pollution matters and shall be:
             2465          (a) a practicing physician and surgeon licensed in the state not connected with


             2466      industry;
             2467          (b) a registered professional engineer who is not from industry;
             2468          (c) a representative from municipal government;
             2469          (d) a representative from county government;
             2470          (e) a representative from agriculture;
             2471          (f) a representative from the mining industry;
             2472          (g) a representative from manufacturing;
             2473          (h) a representative from the fuel industry; and
             2474          (i) two representatives of the public not representing or connected with industry, at
             2475      least one of whom represents organized environmental interests.
             2476          (3) No more than five of the appointed members shall belong to the same political
             2477      party.
             2478          (4) The majority of the members may not derive any significant portion of their
             2479      income from persons subject to permits or orders under this chapter. Any potential conflict of
             2480      interest of any member or the executive secretary, relevant to the interests of the board, shall
             2481      be adequately disclosed.
             2482          (5) Members serving on the Air Conservation Committee created by Laws of Utah
             2483      1981, Chapter 126, as amended, shall serve as members of the board throughout the terms for
             2484      which they were appointed.
             2485          (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term
             2486      of four years.
             2487          (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
             2488      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2489      board members are staggered so that approximately half of the board is appointed every two
             2490      years.
             2491          (7) A member may serve more than one term.
             2492          (8) A member shall hold office until the expiration of the member's term and until the
             2493      member's successor is appointed, but not more than 90 days after the expiration of the


             2494      member's term.
             2495          (9) When a vacancy occurs in the membership for any reason, the replacement shall be
             2496      appointed for the unexpired term.
             2497          (10) The board shall elect annually a chair and a vice chair from its members.
             2498          (11) (a) The board shall meet at least quarterly, and special meetings may be called by
             2499      the chair upon his own initiative, upon the request of the executive secretary, or upon the
             2500      request of three members of the board.
             2501          (b) Three days' notice shall be given to each member of the board prior to any
             2502      meeting.
             2503          (12) Six members constitute a quorum at any meeting, and the action of a majority of
             2504      members present is the action of the board.
             2505          [(13) (a) (i) A member who is not a government employee shall receive no
             2506      compensation or benefits for the member's services, but may receive per diem and expenses
             2507      incurred in the performance of the member's official duties at the rates established by the
             2508      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2509          [(ii) A member may decline to receive per diem and expenses for the member's
             2510      service.]
             2511          [(b) (i) A state government officer and employee member who does not receive salary,
             2512      per diem, or expenses from the agency the member represents for the member's service may
             2513      receive per diem and expenses incurred in the performance of the member's official duties
             2514      from the board at the rates established by the Division of Finance under Sections 63A-3-106
             2515      and 63A-3-107 .]
             2516          [(ii) A state government officer and employee member may decline to receive per
             2517      diem and expenses for the member's service.]
             2518          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2519      from the entity that the member represents for the member's service may receive per diem and
             2520      expenses incurred in the performance of the member's official duties at the rates established by
             2521      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             2522          [(ii) A local government member may decline to receive per diem and expenses for the
             2523      member's service.]
             2524          (13) A member may not receive compensation or benefits for the member's service,
             2525      but may receive per diem and travel expenses in accordance with:
             2526          (a) Section 63A-3-106 ;
             2527          (b) Section 63A-3-107 ; and
             2528          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2529      63A-3-107 .
             2530          Section 45. Section 19-2-109.2 is amended to read:
             2531           19-2-109.2. Small business assistance program.
             2532          (1) The board shall establish a small business stationary source technical and
             2533      environmental compliance assistance program that conforms with Title V of the 1990 Clean
             2534      Air Act to assist small businesses to comply with state and federal air pollution laws.
             2535          (2) There is created the Compliance Advisory Panel to advise and monitor the
             2536      program created in Subsection (1). The seven panel members are:
             2537          (a) two members who are not owners or representatives of owners of small business
             2538      stationary air pollution sources, selected by the governor to represent the general public;
             2539          (b) four members who are owners or who represent owners of small business
             2540      stationary sources selected by leadership of the Utah Legislature as follows:
             2541          (i) one member selected by the majority leader of the Senate;
             2542          (ii) one member selected by the minority leader of the Senate;
             2543          (iii) one member selected by the majority leader of the House of Representatives; and
             2544          (iv) one member selected by the minority leader of the House of Representatives; and
             2545          (c) one member selected by the executive director to represent the Division of Air
             2546      Quality, Department of Environmental Quality.
             2547          (3) (a) Except as required by Subsection (3)(b), as terms of current panel members
             2548      expire, the department shall appoint each new member or reappointed member to a four-year
             2549      term.


             2550          (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the
             2551      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2552      panel members are staggered so that approximately half of the panel is appointed every two
             2553      years.
             2554          (4) Members may serve more than one term.
             2555          (5) Members shall hold office until the expiration of their terms and until their
             2556      successors are appointed, but not more than 90 days after the expiration of their terms.
             2557          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             2558      appointed for the unexpired term.
             2559          (7) Every two years, the panel shall elect a chair from its members.
             2560          (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be
             2561      called by the chair, the executive secretary, or upon written request of three of the members of
             2562      the panel.
             2563          (b) Three days' notice shall be given to each member of the panel prior to a meeting.
             2564          (9) Four members constitute a quorum at any meeting, and the action of the majority
             2565      of members present is the action of the panel.
             2566          [(10) (a) (i) Members who are not government employees shall receive no
             2567      compensation or benefits for their services, but may receive per diem and expenses incurred in
             2568      the performance of the member's official duties at the rates established by the Division of
             2569      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2570          [(ii) Members may decline to receive per diem and expenses for their service.]
             2571          [(b) (i) State government officer and employee members who do not receive salary, per
             2572      diem, or expenses from their agency for their service may receive per diem and expenses
             2573      incurred in the performance of their official duties from the panel at the rates established by
             2574      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2575          [(ii) State government officer and employee members may decline to receive per diem
             2576      and expenses for their service.]
             2577          [(c) Legislators on the committee shall receive compensation and expenses as provided


             2578      by law and legislative rule.]
             2579          (10) A member may not receive compensation or benefits for the member's service,
             2580      but may receive per diem and travel expenses in accordance with:
             2581          (a) Section 63A-3-106 ;
             2582          (b) Section 63A-3-107 ; and
             2583          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2584      63A-3-107 .
             2585          Section 46. Section 19-3-103 is amended to read:
             2586           19-3-103. Radiation Control Board -- Members -- Organization -- Meetings --
             2587      Per diem and expenses.
             2588          (1) The board created under Section 19-1-106 comprises 13 members, one of whom
             2589      shall be the executive director, or his designee, and the remainder of whom shall be appointed
             2590      by the governor with the consent of the Senate.
             2591          (2) No more than six appointed members shall be from the same political party.
             2592          (3) The appointed members shall be knowledgeable about radiation protection and
             2593      shall be as follows:
             2594          (a) one physician;
             2595          (b) one dentist;
             2596          (c) one health physicist or other professional employed in the field of radiation safety;
             2597          (d) three representatives of regulated industry, at least one of whom represents the
             2598      radioactive waste management industry, and at least one of whom represents the uranium
             2599      milling industry;
             2600          (e) one registrant or licensee representative from academia;
             2601          (f) one representative of a local health department;
             2602          (g) one elected county official; and
             2603          (h) three members of the general public, at least one of whom represents organized
             2604      environmental interests.
             2605          (4) (a) Except as required by Subsection (4)(b), as terms of current board members


             2606      expire, the governor shall appoint each new member or reappointed member to a four-year
             2607      term.
             2608          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             2609      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2610      board members are staggered so that approximately half of the board is appointed every two
             2611      years.
             2612          (5) Each board member is eligible for reappointment to more than one term.
             2613          (6) Each board member shall continue in office until the expiration of his term and
             2614      until a successor is appointed, but not more than 90 days after the expiration of his term.
             2615          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             2616      appointed for the unexpired term by the governor, after considering recommendations by the
             2617      department and with the consent of the Senate.
             2618          (8) The board shall annually elect a chair and vice chair from its members.
             2619          (9) The board shall meet at least quarterly. Other meetings may be called by the chair,
             2620      by the executive secretary, or upon the request of three members of the board.
             2621          (10) Reasonable notice shall be given each member of the board prior to any meeting.
             2622          (11) Seven members constitute a quorum. The action of a majority of the members
             2623      present is the action of the board.
             2624          [(12) (a) (i) Members who are not government employees receive no compensation or
             2625      benefits for their services, but may receive per diem and expenses incurred in the performance
             2626      of the member's official duties at the rates established by the Division of Finance under
             2627      Sections 63A-3-106 and 63A-3-107 .]
             2628          [(ii) Members may decline to receive per diem and expenses for their service.]
             2629          [(b) (i) State government officer and employee members who do not receive salary, per
             2630      diem, or expenses from their agency for their service may receive per diem and expenses
             2631      incurred in the performance of their official duties from the board at the rates established by
             2632      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2633          [(ii) State government officer and employee members may decline to receive per diem


             2634      and expenses for their service.]
             2635          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             2636      from the entity that they represent for their service may receive per diem and expenses
             2637      incurred in the performance of their official duties at the rates established by the Division of
             2638      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2639          [(ii) Local government members may decline to receive per diem and expenses for
             2640      their service.]
             2641          (12) A member may not receive compensation or benefits for the member's service,
             2642      but may receive per diem and travel expenses in accordance with:
             2643          (a) Section 63A-3-106 ;
             2644          (b) Section 63A-3-107 ; and
             2645          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2646      63A-3-107 .
             2647          Section 47. Section 19-4-103 is amended to read:
             2648           19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
             2649      diem and expenses.
             2650          (1) The board created under Section 19-1-106 comprises 11 members, one of whom is
             2651      the executive director and the remainder of whom shall be appointed by the governor with the
             2652      consent of the Senate.
             2653          (2) No more than five appointed members shall be from the same political party.
             2654          (3) The appointed members shall be knowledgeable about drinking water and public
             2655      water systems and shall represent different geographical areas within the state insofar as
             2656      practicable.
             2657          (4) The 10 appointed members shall be appointed from the following areas:
             2658          (a) two elected officials of municipal government or their representatives involved in
             2659      management or operation of public water systems;
             2660          (b) two representatives of improvement districts, water conservancy districts, or
             2661      metropolitan water districts;


             2662          (c) one representative from an industry which manages or operates a public water
             2663      system;
             2664          (d) one registered professional engineer with expertise in civil or sanitary engineering;
             2665          (e) one representative from the state water research community or from an institution
             2666      of higher education which has comparable expertise in water research;
             2667          (f) two representatives of the public who do not represent other interests named in this
             2668      section and who do not receive, and have not received during the past two years, a significant
             2669      portion of their income, directly or indirectly, from suppliers; and
             2670          (g) one representative from a local health department.
             2671          (5) (a) Members of the Utah Safe Drinking Water Committee created by Laws of Utah
             2672      1981, Chapter 126, shall serve as members of the board throughout the terms for which they
             2673      were appointed.
             2674          (b) Except as required by Subsection (5)(c), as terms of current board members expire,
             2675      the governor shall appoint each new member or reappointed member to a four-year term.
             2676          (c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the
             2677      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2678      board members are staggered so that approximately half of the board is appointed every two
             2679      years.
             2680          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             2681      appointed for the unexpired term.
             2682          (7) Each member holds office until the expiration of the member's term, and until a
             2683      successor is appointed, but not for more than 90 days after the expiration of the term.
             2684          (8) The board shall elect annually a chair and a vice chair from its members.
             2685          (9) (a) The board shall meet at least quarterly.
             2686          (b) Special meetings may be called by the chair upon his own initiative, upon the
             2687      request of the executive secretary, or upon the request of three members of the board.
             2688          (c) Reasonable notice shall be given each member of the board prior to any meeting.
             2689          (10) Six members constitute a quorum at any meeting and the action of the majority of


             2690      the members present is the action of the board.
             2691          [(11) (a) (i) A member who is not a government employee shall receive no
             2692      compensation or benefits for the member's services, but may receive per diem and expenses
             2693      incurred in the performance of the member's official duties at the rates established by the
             2694      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2695          [(ii) A member may decline to receive per diem and expenses for the member's
             2696      service.]
             2697          [(b) (i) A state government officer and employee member who does not receive salary,
             2698      per diem, or expenses from the agency the member represents for the member's service may
             2699      receive per diem and expenses incurred in the performance of the member's official duties
             2700      from the board at the rates established by the Division of Finance under Sections 63A-3-106
             2701      and 63A-3-107 .]
             2702          [(ii) A state government officer and employee member may decline to receive per
             2703      diem and expenses for the member's service.]
             2704          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2705      from the entity that the member represents for the member's service may receive per diem and
             2706      expenses incurred in the performance of the member's official duties at the rates established by
             2707      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2708          [(ii) A local government member may decline to receive per diem and expenses for the
             2709      member's service.]
             2710          (11) A member may not receive compensation or benefits for the member's service,
             2711      but may receive per diem and travel expenses in accordance with:
             2712          (a) Section 63A-3-106 ;
             2713          (b) Section 63A-3-107 ; and
             2714          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2715      63A-3-107 .
             2716          Section 48. Section 19-5-103 is amended to read:
             2717           19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --


             2718      Organization -- Meetings -- Per diem and expenses.
             2719          (1) The board comprises the executive director and 11 members appointed by the
             2720      governor with the consent of the Senate.
             2721          (2) No more than six of the appointed members may be from the same political party.
             2722          (3) The appointed members, insofar as practicable, shall include the following:
             2723          (a) one member representing the mineral industry;
             2724          (b) one member representing the food processing industry;
             2725          (c) one member representing another manufacturing industry;
             2726          (d) two members who are officials of a municipal government or the officials'
             2727      representative involved in the management or operation of a wastewater treatment facility;
             2728          (e) one member representing agricultural and livestock interests;
             2729          (f) one member representing fish, wildlife, and recreation interests;
             2730          (g) one member representing an improvement or special service district;
             2731          (h) two members at large, one of whom represents organized environmental interests,
             2732      selected with due consideration of the areas of the state affected by water pollution and not
             2733      representing other interests named in this Subsection (3); and
             2734          (i) one member representing a local health department.
             2735          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             2736      appointed for the unexpired term with the consent of the Senate.
             2737          (5) (a) Except as required by Subsection (5)(b), a member shall be appointed for a
             2738      term of four years and is eligible for reappointment.
             2739          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             2740      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2741      board members are staggered so that approximately half of the board is appointed every two
             2742      years.
             2743          (6) A member shall hold office until the expiration of the member's term and until the
             2744      member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
             2745          (7) The board shall:


             2746          (a) organize and annually select one of its members as chair and one of its members as
             2747      vice chair;
             2748          (b) hold at least four regular meetings each calendar year; and
             2749          (c) keep minutes of its proceedings which are open to the public for inspection.
             2750          (8) The chair may call a special meeting upon the request of three or more members of
             2751      the board.
             2752          (9) Each member of the board and the executive secretary shall be notified of the time
             2753      and place of each meeting.
             2754          (10) Seven members of the board constitute a quorum for the transaction of business,
             2755      and the action of a majority of members present is the action of the board.
             2756          [(11) (a) A member who is not a government employee may not receive compensation
             2757      or benefits for the member's service, but may receive per diem and expenses incurred in the
             2758      performance of the member's official duties at the rates established by the Division of Finance
             2759      under Sections 63A-3-106 and 63A-3-107 .]
             2760          [(b) A member may decline to receive per diem and expenses for the member's
             2761      service.]
             2762          [(c) A local government member who does not receive salary, per diem, or expenses
             2763      from the entity that the member represents for the member's service may receive per diem and
             2764      expenses incurred in the performance of the member's official duties at the rates established by
             2765      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2766          [(d) A local government member may decline to receive per diem and expenses for the
             2767      member's service.]
             2768          (11) A member may not receive compensation or benefits for the member's service,
             2769      but may receive per diem and travel expenses in accordance with:
             2770          (a) Section 63A-3-106 ;
             2771          (b) Section 63A-3-107 ; and
             2772          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2773      63A-3-107 .


             2774          Section 49. Section 19-6-103 is amended to read:
             2775           19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
             2776      Organization -- Meetings -- Per diem and expenses.
             2777          (1) The Solid and Hazardous Waste Control Board created by Section 19-1-106
             2778      comprises the executive director and 12 members appointed by the governor with the consent
             2779      of the Senate.
             2780          (2) The appointed members shall be knowledgeable about solid and hazardous waste
             2781      matters and consist of:
             2782          (a) one representative of municipal government;
             2783          (b) one representative of county government;
             2784          (c) one representative of the manufacturing or fuel industry;
             2785          (d) one representative of the mining industry;
             2786          (e) one representative of the private solid waste disposal or solid waste recovery
             2787      industry;
             2788          (f) one registered professional engineer;
             2789          (g) one representative of a local health department;
             2790          (h) one representative of the hazardous waste disposal industry; and
             2791          (i) four representatives of the public, at least one of whom is a representative of
             2792      organized environmental interests.
             2793          (3) Not more than six of the appointed members may be from the same political party.
             2794          (4) (a) Except as required by Subsection (4)(b), members shall be appointed for terms
             2795      of four years each.
             2796          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             2797      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2798      board members are staggered so that approximately half of the board is appointed every two
             2799      years.
             2800          (5) Each member is eligible for reappointment.
             2801          (6) Board members shall continue in office until the expiration of their terms and until


             2802      their successors are appointed, but not more than 90 days after the expiration of their terms.
             2803          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             2804      appointed for the unexpired term by the governor, after considering recommendations of the
             2805      board and with the consent of the Senate.
             2806          (8) The board shall elect a chair and vice chair on or before April 1 of each year from
             2807      its membership.
             2808          [(9) (a) (i) Members who are not government employees shall receive no
             2809      compensation or benefits for their services, but may receive per diem and expenses incurred in
             2810      the performance of the member's official duties at the rates established by the Division of
             2811      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2812          [(ii) Members may decline to receive per diem and expenses for their service.]
             2813          [(b) (i) State government officer and employee members who do not receive salary, per
             2814      diem, or expenses from their agency for their service may receive per diem and expenses
             2815      incurred in the performance of their official duties from the board at the rates established by
             2816      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2817          [(ii) State government officer and employee members may decline to receive per diem
             2818      and expenses for their service.]
             2819          [(c) Legislators on the committee shall receive compensation and expenses as provided
             2820      by law and legislative rule.]
             2821          (9) A member may not receive compensation or benefits for the member's service, but
             2822      may receive per diem and travel expenses in accordance with:
             2823          (a) Section 63A-3-106 ;
             2824          (b) Section 63A-3-107 ; and
             2825          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2826      63A-3-107 .
             2827          (10) (a) The board shall hold a meeting at least once every three months including one
             2828      meeting during each annual general session of the Legislature.
             2829          (b) Meetings shall be held on the call of the chair, the executive secretary, or any three


             2830      of the members.
             2831          (11) Seven members constitute a quorum at any meeting, and the action of the
             2832      majority of members present is the action of the board.
             2833          Section 50. Section 19-9-104 is amended to read:
             2834           19-9-104. Creation of authority -- Members.
             2835          (1) (a) The authority comprises 10 members. If the requirements of Section 19-9-103
             2836      are met, the governor shall, with the consent of the Senate, appoint six members of the
             2837      authority from the public-at-large.
             2838          (b) The remaining four members of the authority are:
             2839          (i) the executive director of the Department of Environmental Quality;
             2840          (ii) the director of the Governor's Office of Economic Development or the director's
             2841      designee;
             2842          (iii) the executive director of the Department of Natural Resources; and
             2843          (iv) the executive director of the Department of Transportation.
             2844          (2) Public-at-large members, no more than three of whom shall be from the same
             2845      political party, shall be appointed to six-year terms of office, subject to removal by the
             2846      governor with or without cause.
             2847          (3) The governor shall name one public-at-large member as chairman of the authority
             2848      responsible for the call and conduct of authority meetings.
             2849          (4) The authority may elect other officers as necessary.
             2850          (5) Five members of the authority present at a properly noticed meeting constitute a
             2851      quorum for the transaction of official authority business.
             2852          [(6) Public-at-large members are entitled to per diem and expenses for each day
             2853      devoted to authority business at the rates established by the director of the Division of Finance
             2854      under Sections 63A-3-106 and 63A-3-107 .]
             2855          (6) A public-at-large member may not receive compensation or benefits for the
             2856      member's service, but may receive per diem and travel expenses in accordance with:
             2857          (a) Section 63A-3-106 ;


             2858          (b) Section 63A-3-107 ; and
             2859          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2860      63A-3-107 .
             2861          Section 51. Section 20A-5-402.7 is amended to read:
             2862           20A-5-402.7. Voting Equipment Selection Committee.
             2863          (1) As used in this section, "new voting equipment system" means voting equipment
             2864      that is operated in a materially different way or that functions in a materially different way
             2865      than the equipment being replaced.
             2866          (2) Before selecting or purchasing a new voting equipment system after January 1,
             2867      2007, the lieutenant governor shall:
             2868          (a) appoint a Voting Equipment Selection Committee; and
             2869          (b) ensure that the committee includes persons having experience in:
             2870          (i) election procedures and administration;
             2871          (ii) computer technology;
             2872          (iii) data security;
             2873          (iv) auditing; and
             2874          (v) access for persons with disabilities.
             2875          [(3) (a) (i) A member of the committee who is not a government employee shall
             2876      receive no compensation or benefits for the member's services, but may receive per diem and
             2877      expenses incurred in the performance of the member's official duties at the rates established by
             2878      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2879          [(ii) A member may decline to receive per diem and expenses for the member's
             2880      services.]
             2881          [(b) (i) A state government officer or employee member who does not receive salary,
             2882      per diem, or expenses from the member's agency for the member's service may receive per
             2883      diem and expenses incurred in the performance of the member's official duties at the rates
             2884      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2885          [(ii) A state government officer or employee member may decline to receive per diem


             2886      for the member's service.]
             2887          (3) A member may not receive compensation or benefits for the member's service, but