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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
             2888      may receive per diem and travel expenses in accordance with:
             2889          (a) Section 63A-3-106 ;
             2890          (b) Section 63A-3-107 ; and
             2891          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2892      63A-3-107 .
             2893          (4) The lieutenant governor shall select a chair from the committee membership.
             2894          (5) The lieutenant governor may fill any vacancies that occur on the committee.
             2895          (6) The lieutenant governor's office shall provide staffing for the committee.
             2896          (7) The Voting Equipment Selection Committee shall:
             2897          (a) evaluate new voting equipment systems proposed for purchase by the state; and
             2898          (b) provide information and recommendations to assist the lieutenant governor with
             2899      the purchase of new voting equipment systems.
             2900          (8) The lieutenant governor may designate individuals, including committee members,
             2901      to inspect and review proprietary software as part of an evaluation of new voting equipment
             2902      systems under consideration for purchase.
             2903          (9) Before making any selection or purchase, the lieutenant governor shall provide for
             2904      a period of public review and comment on new voting equipment systems under consideration
             2905      for purchase by the state.
             2906          Section 52. Section 23-14-2 is amended to read:
             2907           23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --
             2908      Meetings -- Per diem and expenses.
             2909          (1) There is created a Wildlife Board which shall consist of seven members appointed
             2910      by the governor with the consent of the Senate.
             2911          (2) (a) In addition to the requirements of Section 79-2-203 , the members of the board
             2912      shall have expertise or experience in at least one of the following areas:
             2913          (i) wildlife management or biology;


             2914          (ii) habitat management, including range or aquatic;
             2915          (iii) business, including knowledge of private land issues; and
             2916          (iv) economics, including knowledge of recreational wildlife uses.
             2917          (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
             2918      least one member of the Wildlife Board.
             2919          (3) (a) The governor shall select each board member from a list of nominees submitted
             2920      by the nominating committee pursuant to Section 23-14-2.5 .
             2921          (b) No more than two members shall be from a single wildlife region described in
             2922      Subsection 23-14-2.6 (1).
             2923          (c) The governor may request an additional list of at least two nominees from the
             2924      nominating committee if the initial list of nominees for a given position is unacceptable.
             2925          (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
             2926      the initial or additional list, the nominating committee shall make an interim appointment by
             2927      majority vote.
             2928          (ii) The interim board member shall serve until the matter is resolved by the committee
             2929      and the governor or until the board member is replaced pursuant to this chapter.
             2930          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
             2931      expire, the governor shall appoint each new member or reappointed member to a six-year term.
             2932          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             2933      time of appointment or reappointment, adjust the length of terms to ensure that:
             2934          (i) the terms of board members are staggered so that approximately 1/3 of the board is
             2935      appointed every two years; and
             2936          (ii) members serving from the same region have staggered terms.
             2937          (c) If a vacancy occurs, the nominating committee shall submit two names, as
             2938      provided in Subsection 23-14-2.5 (4), to the governor and the governor shall appoint a
             2939      replacement for the unexpired term.
             2940          (d) Board members may serve only one term unless:
             2941          (i) the member is among the first board members appointed to serve four years or less;


             2942      or
             2943          (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
             2944          (5) (a) The board shall elect a chair and a vice chair from its membership.
             2945          (b) Four members of the board shall constitute a quorum.
             2946          (c) The director of the Division of Wildlife Resources shall act as secretary to the
             2947      board but shall not be a voting member of the board.
             2948          (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
             2949      to expeditiously conduct its business.
             2950          (b) Meetings may be called by the chair upon five days notice or upon shorter notice
             2951      in emergency situations.
             2952          (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
             2953      Resources or elsewhere as determined by the Wildlife Board.
             2954          [(7) (a) (i) Members who are not government employees shall receive no
             2955      compensation or benefits for their services, but may receive per diem and expenses incurred in
             2956      the performance of the member's official duties at the rates established by the Division of
             2957      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2958          [(ii) Members may decline to receive per diem and expenses for their service.]
             2959          [(b) (i) State government officer and employee members who do not receive salary, per
             2960      diem, or expenses from their agency for their service may receive per diem and expenses
             2961      incurred in the performance of their official duties from the board at the rates established by
             2962      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2963          [(ii) State government officer and employee members may decline to receive per diem
             2964      and expenses for their service.]
             2965          (7) A member may not receive compensation or benefits for the member's service, but
             2966      may receive per diem and travel expenses in accordance with:
             2967          (a) Section 63A-3-106 ;
             2968          (b) Section 63A-3-107 ; and
             2969          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             2970      63A-3-107 .
             2971          (8) (a) The members of the Wildlife Board shall complete an orientation course to
             2972      assist them in the performance of the duties of their office.
             2973          (b) The Department of Natural Resources shall provide the course required under
             2974      Subsection (8)(a).
             2975          Section 53. Section 23-14-2.6 is amended to read:
             2976           23-14-2.6. Regional advisory councils -- Creation -- Membership -- Duties -- Per
             2977      diem and expenses.
             2978          (1) There are created five regional advisory councils which shall consist of 12 to 15
             2979      members each from the wildlife region whose boundaries are established for administrative
             2980      purposes by the division.
             2981          (2) The members shall include individuals who represent the following groups and
             2982      interests:
             2983          (a) agriculture;
             2984          (b) sportsmen;
             2985          (c) nonconsumptive wildlife;
             2986          (d) locally elected public officials;
             2987          (e) federal land agencies; and
             2988          (f) the public at large.
             2989          (3) The executive director of the Department of Natural Resources, in consultation
             2990      with the director of the Division of Wildlife Resources, shall select the members from a list of
             2991      nominees submitted by the respective interest group or agency.
             2992          (4) The councils shall:
             2993          (a) hear broad input, including recommendations, biological data, and information
             2994      regarding the effects of wildlife;
             2995          (b) gather information from staff, the public, and government agencies; and
             2996          (c) make recommendations to the Wildlife Board in an advisory capacity.
             2997          (5) (a) Except as required by Subsection (5)(b), each member shall serve a four-year


             2998      term.
             2999          (b) Notwithstanding the requirements of Subsection (5)(a), the executive director
             3000      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             3001      terms of council members are staggered so that approximately half of the council is appointed
             3002      every two years.
             3003          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             3004      appointed for the unexpired term.
             3005          (7) The councils shall determine:
             3006          (a) the time and place of meetings; and
             3007          (b) any other procedural matter not specified in this chapter.
             3008          (8) Members of the councils shall complete an orientation course as provided in
             3009      Subsection 23-14-2 (8).
             3010          [(9) (a) (i) Members who are not government employees shall receive no
             3011      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3012      the performance of the member's official duties at the rates established by the Division of
             3013      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3014          [(ii) Members may decline to receive per diem and expenses for their service.]
             3015          [(b) (i) State government officer and employee members who do not receive salary, per
             3016      diem, or expenses from their agency for their service may receive per diem and expenses
             3017      incurred in the performance of their official duties from the council at the rates established by
             3018      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3019          [(ii) State government officer and employee members may decline to receive per diem
             3020      and expenses for their service.]
             3021          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             3022      from the entity that they represent for their service may receive per diem and expenses
             3023      incurred in the performance of their official duties at the rates established by the Division of
             3024      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3025          [(ii) Local government members may decline to receive per diem and expenses for


             3026      their service.]
             3027          (9) A member may not receive compensation or benefits for the member's service, but
             3028      may receive per diem and travel expenses in accordance with:
             3029          (a) Section 63A-3-106 ;
             3030          (b) Section 63A-3-107 ; and
             3031          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3032      63A-3-107 .
             3033          Section 54. Section 26-1-7.5 is amended to read:
             3034           26-1-7.5. Health advisory council.
             3035          (1) (a) There is created the Utah Health Advisory Council, comprised of nine persons
             3036      appointed by the governor.
             3037          (b) The governor shall ensure that:
             3038          (i) members of the council:
             3039          (A) broadly represent the public interest;
             3040          (B) have an interest in or knowledge of public health, environmental health, health
             3041      planning, health care financing, or health care delivery systems; and
             3042          (C) include health professionals;
             3043          (ii) the majority of the membership are nonhealth professionals;
             3044          (iii) no more than five persons are from the same political party; and
             3045          (iv) geography, sex, and ethnicity balance are considered when selecting the members.
             3046          (2) (a) Except as required by Subsection (2)(b), members of the council shall be
             3047      appointed to four-year terms.
             3048          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             3049      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             3050      council members are staggered so that approximately half of the council is appointed every
             3051      two years.
             3052          (c) Terms of office for subsequent appointments shall commence on July 1 of the year
             3053      in which the appointment occurs.


             3054          (3) (a) When a vacancy occurs in the membership for any reason, the replacement
             3055      shall be appointed for the unexpired term.
             3056          (b) No person shall be appointed to the council for more than two consecutive terms.
             3057          (c) The chair of the council shall be appointed by the governor from the membership
             3058      of the council.
             3059          (4) The council shall meet at least quarterly or more frequently as determined
             3060      necessary by the chair. A quorum for conducting business shall consist of four members of
             3061      the council.
             3062          [(5) (a) Members shall receive no compensation or benefits for their services, but may,
             3063      at the executive director's discretion, receive per diem and expenses incurred in the
             3064      performance of the member's official duties at the rates established by the Division of Finance
             3065      under Sections 63A-3-106 and 63A-3-107 .]
             3066          [(b) Members may decline to receive per diem and expenses for their service.]
             3067          (5) A member may not receive compensation or benefits for the member's service, but,
             3068      at the executive director's discretion, may receive per diem and travel expenses in accordance
             3069      with:
             3070          (a) Section 63A-3-106 ;
             3071          (b) Section 63A-3-107 ; and
             3072          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3073      63A-3-107 .
             3074          (6) The council shall be empowered to advise the department on any subject deemed
             3075      to be appropriate by the council except that the council shall not become involved in
             3076      administrative matters. The council shall also advise the department as requested by the
             3077      executive director.
             3078          (7) The executive director shall ensure that the council has adequate staff support and
             3079      shall provide any available information requested by the council necessary for their
             3080      deliberations. The council shall observe confidential requirements placed on the department
             3081      in the use of such information.


             3082          Section 55. Section 26-8a-103 is amended to read:
             3083           26-8a-103. State Emergency Medical Services Committee -- Membership --
             3084      Report -- Expenses.
             3085          (1) The State Emergency Medical Services Committee created by Section 26-1-7 shall
             3086      be composed of the following 16 members appointed by the governor, at least five of whom
             3087      must reside in a county of the third, fourth, fifth, or sixth class:
             3088          (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
             3089      Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
             3090          (i) one surgeon who actively provides trauma care at a hospital;
             3091          (ii) one rural physician involved in emergency medical care;
             3092          (iii) two physicians who practice in the emergency department of a general acute
             3093      hospital; and
             3094          (iv) one pediatrician who practices in the emergency department or critical care unit of
             3095      a general acute hospital or a children's specialty hospital;
             3096          (b) one representative from a private ambulance provider;
             3097          (c) one representative from an ambulance provider that is neither privately owned nor
             3098      operated by a fire department;
             3099          (d) two chief officers from fire agencies operated by the following classes of licensed
             3100      or designated emergency medical services providers: municipality, county, and fire district,
             3101      provided that no class of medical services providers may have more than one representative
             3102      under this Subsection (1)(d);
             3103          (e) one director of a law enforcement agency that provides emergency medical
             3104      services;
             3105          (f) one hospital administrator;
             3106          (g) one emergency care nurse;
             3107          (h) one paramedic in active field practice;
             3108          (i) one emergency medical technician in active field practice;
             3109          (j) one certified emergency medical dispatcher affiliated with an emergency medical


             3110      dispatch center; and
             3111          (k) one consumer.
             3112          (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
             3113      four-year term beginning July 1.
             3114          (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
             3115      or reappointment, adjust the length of terms to ensure that the terms of committee members
             3116      are staggered so that approximately half of the committee is appointed every two years.
             3117          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             3118      appointed by the governor for the unexpired term.
             3119          (3) (a) Each January, the committee shall organize and select one of its members as
             3120      chair and one member as vice chair. The committee may organize standing or ad hoc
             3121      subcommittees, which shall operate in accordance with guidelines established by the
             3122      committee.
             3123          (b) The chair shall convene a minimum of four meetings per year. The chair may call
             3124      special meetings. The chair shall call a meeting upon request of five or more members of the
             3125      committee.
             3126          (c) Nine members of the committee constitute a quorum for the transaction of business
             3127      and the action of a majority of the members present is the action of the committee.
             3128          (4) The committee shall submit a report in a form acceptable to the committee each
             3129      November at the Law Enforcement and Criminal Justice Interim Committee meeting
             3130      concerning its:
             3131          (a) funding priorities and recommended sources;
             3132          (b) closest responder recommendations;
             3133          (c) centralized dispatch;
             3134          (d) duplication of services and any taxing consequences;
             3135          (e) appropriate providers for emergency medical services; and
             3136          (f) recommendations and suggested legislation.
             3137          [(5) (a) Members shall receive no compensation or benefits for their services, but may


             3138      receive per diem and expenses incurred in the performance of the member's official duties at
             3139      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3140          [(b) Members may decline to receive per diem and expenses for their service.]
             3141          (5) A member may not receive compensation or benefits for the member's service, but
             3142      may receive per diem and travel expenses in accordance with:
             3143          (a) Section 63A-3-106 ;
             3144          (b) Section 63A-3-107 ; and
             3145          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3146      63A-3-107 .
             3147          (6) Administrative services for the committee shall be provided by the department.
             3148          Section 56. Section 26-9f-103 is amended to read:
             3149           26-9f-103. Utah Digital Health Service Commission.
             3150          (1) There is created within the department the Utah Digital Health Service
             3151      Commission.
             3152          (2) The governor shall appoint 12 members to the commission with the consent of the
             3153      Senate, as follows:
             3154          (a) a physician who is involved in digital health service;
             3155          (b) a representative of a licensed health care facility or system as defined in Section
             3156      26-21-2 ;
             3157          (c) a representative of rural Utah, which may be a person nominated by an advisory
             3158      committee on rural health issues created pursuant to Section 26-1-20 ;
             3159          (d) a member of the public who is not involved with digital health service;
             3160          (e) a nurse who is involved in digital health service; and
             3161          (f) seven members who fall into one or more of the following categories:
             3162          (i) individuals who use digital health service in a public or private institution;
             3163          (ii) individuals who use digital health service in serving medically underserved
             3164      populations;
             3165          (iii) nonphysician health care providers involved in digital health service;


             3166          (iv) information technology professionals involved in digital health service;
             3167          (v) representatives of the health insurance industry; and
             3168          (vi) telehealth digital health service consumer advocates.
             3169          (3) (a) The commission shall annually elect a chairperson from its membership. The
             3170      chairperson shall report to the executive director of the department.
             3171          (b) The commission shall hold meetings at least once every three months. Meetings
             3172      may be held from time to time on the call of the chair or a majority of the board members.
             3173          (c) Six commission members are necessary to constitute a quorum at any meeting and,
             3174      if a quorum exists, the action of a majority of members present shall be the action of the
             3175      commission.
             3176          (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
             3177      appointed for a three-year term and eligible for two reappointments.
             3178          (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
             3179      or reappointment, adjust the length of terms to ensure that the terms of commission members
             3180      are staggered so that approximately 1/3 of the commission is appointed each year.
             3181          (c) A commission member shall continue in office until the expiration of the member's
             3182      term and until a successor is appointed, which may not exceed 90 days after the formal
             3183      expiration of the term.
             3184          (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
             3185      of the scheduled meetings in a calendar year shall be disqualified from serving.
             3186          (e) When a vacancy occurs in membership for any reason, the replacement shall be
             3187      appointed for the unexpired term.
             3188          [(5) (a) Board members who are not government employees may not receive
             3189      compensation or benefits for the services, but may, at the executive director's discretion,
             3190      receive per diem and expenses incurred in the performance of their official duties at rates
             3191      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3192          [(b) A commission member may decline to receive per diem and expenses for service
             3193      to the commission.]


             3194          (5) A member may not receive compensation or benefits for the member's service, but,
             3195      at the executive director's discretion, may receive per diem and travel expenses in accordance
             3196      with:
             3197          (a) Section 63A-3-106 ;
             3198          (b) Section 63A-3-107 ; and
             3199          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3200      63A-3-107 .
             3201          (6) The department shall provide informatics staff support to the commission.
             3202          (7) The funding of the commission shall be a separate line item to the department in
             3203      the annual appropriations act.
             3204          Section 57. Section 26-10-6 is amended to read:
             3205           26-10-6. Testing of newborn infants.
             3206          (1) Except in the case where parents object on the grounds that they are members of a
             3207      specified, well-recognized religious organization whose teachings are contrary to the tests
             3208      required by this section, each newborn infant shall be tested for:
             3209          (a) phenylketonuria (PKU);
             3210          (b) other metabolic diseases which may result in mental retardation or brain damage
             3211      and for which:
             3212          (i) a preventive measure or treatment is available; and
             3213          (ii) there exists a reliable laboratory diagnostic test method; and
             3214          (c) (i) beginning July 1, 1998, for an infant born in a hospital with 100 or more live
             3215      births annually, hearing loss; and
             3216          (ii) beginning July 1, 1999, for an infant born in a setting other than a hospital with
             3217      100 or more live births annually, hearing loss.
             3218          (2) In accordance with Section 26-1-6 , the department may charge fees for:
             3219          (a) materials supplied by the department to conduct tests required under Subsection
             3220      (1);
             3221          (b) tests required under Subsection (1) conducted by the department;


             3222          (c) laboratory analyses by the department of tests conducted under Subsection (1); and
             3223          (d) the administrative cost of follow-up contacts with the parents or guardians of
             3224      tested infants.
             3225          (3) Tests for hearing loss under Subsection (1) shall be based on one or more methods
             3226      approved by the Newborn Hearing Screening Committee, including:
             3227          (a) auditory brainstem response;
             3228          (b) automated auditory brainstem response; and
             3229          (c) evoked otoacoustic emissions.
             3230          (4) Results of tests for hearing loss under Subsection (1) shall be reported to:
             3231          (a) parents when results of tests for hearing loss under Subsection (1) suggest that
             3232      additional diagnostic procedures or medical interventions are necessary; and
             3233          (b) the department.
             3234          (5) (a) There is established the Newborn Hearing Screening Committee.
             3235          (b) The committee shall advise the department on:
             3236          (i) the validity and cost of newborn infant hearing loss testing procedures; and
             3237          (ii) rules promulgated by the department to implement this section.
             3238          (c) The committee shall be composed of at least 11 members appointed by the
             3239      executive director, including:
             3240          (i) one representative of the health insurance industry;
             3241          (ii) one pediatrician;
             3242          (iii) one family practitioner;
             3243          (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
             3244          (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
             3245          (vi) one representative of hospital neonatal nurseries;
             3246          (vii) one representative of the Early Intervention Baby Watch Program administered
             3247      by the department;
             3248          (viii) one public health nurse;
             3249          (ix) one consumer; and


             3250          (x) the executive director or his designee.
             3251          (d) Of the initial members of the committee, the executive director shall appoint as
             3252      nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
             3253      shall be for four-year terms except:
             3254          (i) for those members who have been appointed to complete an unexpired term; and
             3255          (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
             3256      expire every two years.
             3257          (e) A majority of the members constitute a quorum and a vote of the majority of the
             3258      members present constitutes an action of the committee.
             3259          (f) The committee shall appoint a chairman from its membership.
             3260          (g) The committee shall meet at least quarterly.
             3261          [(h) (i) (A) Members who are not government employees shall receive no
             3262      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3263      the performance of the member's official duties at the rates established by the Division of
             3264      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3265          [(B) Members may decline to receive per diem and expenses for their service.]
             3266          [(ii) (A) State government officer and employee members who do not receive salary,
             3267      per diem, or expenses from their agency for their service may receive per diem and expenses
             3268      incurred in the performance of their official duties from the committee at the rates established
             3269      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3270          [(B) State government officer and employee members may decline to receive per diem
             3271      and expenses for their service.]
             3272          (h) A member may not receive compensation or benefits for the member's service, but
             3273      may receive per diem and travel expenses in accordance with:
             3274          (i) Section 63A-3-106 ;
             3275          (ii) Section 63A-3-107 ; and
             3276          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3277      63A-3-107 .


             3278          (i) The department shall provide staff for the committee.
             3279          Section 58. Section 26-18-102 is amended to read:
             3280           26-18-102. DUR Board -- Creation and membership -- Expenses.
             3281          (1) There is created a 12-member Drug Utilization Review Board responsible for
             3282      implementation of a retrospective and prospective DUR program.
             3283          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             3284      expire, the executive director shall appoint each new member or reappointed member to a
             3285      four-year term.
             3286          (b) Notwithstanding the requirements of Subsection (2)(a), the executive director
             3287      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             3288      terms of board members are staggered so that approximately half of the board is appointed
             3289      every two years.
             3290          (c) Persons appointed to the board may be reappointed upon completion of their terms,
             3291      but may not serve more than two consecutive terms.
             3292          (d) The executive director shall provide for geographic balance in representation on
             3293      the board.
             3294          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             3295      appointed for the unexpired term.
             3296          (4) The membership shall be comprised of the following:
             3297          (a) four physicians who are actively engaged in the practice of medicine or osteopathic
             3298      medicine in this state, to be selected from a list of nominees provided by the Utah Medical
             3299      Association;
             3300          (b) one physician in this state who is actively engaged in academic medicine;
             3301          (c) three pharmacists who are actively practicing in retail pharmacy in this state, to be
             3302      selected from a list of nominees provided by the Utah Pharmaceutical Association;
             3303          (d) one pharmacist who is actively engaged in academic pharmacy;
             3304          (e) one person who shall represent consumers;
             3305          (f) one person who shall represent pharmaceutical manufacturers, to be recommended


             3306      by the Pharmaceutical Manufacturers Association; and
             3307          (g) one dentist licensed to practice in this state under Title 58, Chapter 69, Dentists
             3308      and Dental Hygienists Act, who is actively engaged in the practice of dentistry, nominated by
             3309      the Utah Dental Association.
             3310          (5) Physician and pharmacist members of the board shall have expertise in clinically
             3311      appropriate prescribing and dispensing of outpatient drugs.
             3312          (6) The board shall elect a chair from among its members who shall serve a one-year
             3313      term, and may serve consecutive terms.
             3314          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             3315      receive per diem and expenses incurred in the performance of the member's official duties at
             3316      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3317          [(b) Members may decline to receive per diem and expenses for their service.]
             3318          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             3319      from the entity that they represent for their service may receive per diem and expenses
             3320      incurred in the performance of their official duties from the committee at the rates established
             3321      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3322          [(ii) Higher education members may decline to receive per diem and expenses for their
             3323      service.]
             3324          (7) A member may not receive compensation or benefits for the member's service, but
             3325      may receive per diem and travel expenses in accordance with:
             3326          (a) Section 63A-3-106 ;
             3327          (b) Section 63A-3-107 ; and
             3328          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3329      63A-3-107 .
             3330          Section 59. Section 26-18a-2 is amended to read:
             3331           26-18a-2. Creation and membership of Kurt Oscarson Children's Organ
             3332      Transplant Coordinating Committee -- Expenses.
             3333          (1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating


             3334      Committee.
             3335          (2) The committee shall have five members representing the following:
             3336          (a) the executive director of the Department of Health or his designee;
             3337          (b) two representatives from public or private agencies and organizations concerned
             3338      with providing support and financial assistance to the children and families of children who
             3339      need organ transplants; and
             3340          (c) two individuals who have had organ transplants, have children who have had organ
             3341      transplants, who work with families or children who have had or are awaiting organ
             3342      transplants, or community leaders or volunteers who have demonstrated an interest in working
             3343      with families or children in need of organ transplants.
             3344          (3) (a) The governor shall appoint the committee members and designate the chair
             3345      from among the committee members.
             3346          (b) (i) Except as required by Subsection (3)(b)(ii), each member shall serve a four-year
             3347      term.
             3348          (ii) Notwithstanding the requirements of Subsection (3)(b)(i), the governor shall, at the
             3349      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             3350      the committee members are staggered so that approximately half of the committee is appointed
             3351      every two years.
             3352          [(4) (a) (i) Members who are not government employees receive no compensation or
             3353      benefits for their services, but may, at the executive director's discretion, receive per diem and
             3354      expenses incurred in the performance of the member's official duties at the rates established
             3355      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3356          [(ii) Members may decline to receive per diem and expenses for their service.]
             3357          [(b) (i) State government officer and employee members who do not receive salary, per
             3358      diem, or expenses from their agency for their service may receive per diem and expenses
             3359      incurred in the performance of their official duties from the committee at the rates established
             3360      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3361          [(ii) State government officer and employee members may decline to receive per diem


             3362      and expenses for their service.]
             3363          (4) A member may not receive compensation or benefits for the member's service, but,
             3364      at the executive director's discretion, may receive per diem and travel expenses in accordance
             3365      with:
             3366          (a) Section 63A-3-106 ;
             3367          (b) Section 63A-3-107 ; and
             3368          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3369      63A-3-107 .
             3370          (5) The Department of Health shall provide support staff for the committee.
             3371          Section 60. Section 26-21-4 is amended to read:
             3372           26-21-4. Per diem and travel expenses of committee members.
             3373          [(1) Members shall receive no compensation or benefits for their services, but may
             3374      receive per diem and expenses incurred in the performance of the member's official duties at
             3375      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3376          [(2) Members may decline to receive per diem and expenses for their service.]
             3377          A member may not receive compensation or benefits for the member's service, but may
             3378      receive per diem and travel expenses in accordance with:
             3379          (1) Section 63A-3-106 ;
             3380          (2) Section 63A-3-107 ; and
             3381          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3382      63A-3-107 .
             3383          Section 61. Section 26-33a-103 is amended to read:
             3384           26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
             3385          (1) The Health Data Committee created by Section 26-1-7 shall be composed of 13
             3386      members appointed by the governor with the consent of the Senate.
             3387          (2) No more than seven members of the committee may be members of the same
             3388      political party.
             3389          (3) The appointed members of the committee shall be knowledgeable regarding the


             3390      health care system and the characteristics and use of health data and shall be selected so that
             3391      the committee at all times includes individuals who provide care.
             3392          (4) The membership of the committee shall be:
             3393          (a) one person employed by or otherwise associated with a hospital as defined by
             3394      Section 26-21-2 ;
             3395          (b) one physician, as defined in Section 58-67-102 , licensed to practice in this state,
             3396      who spends the majority of his time in the practice of medicine in this state;
             3397          (c) one registered nurse licensed to practice in this state under Title 58, Chapter 31b,
             3398      Nurse Practice Act;
             3399          (d) three persons employed by or otherwise associated with a business that supplies
             3400      health care insurance to its employees, at least one of whom represents an employer employing
             3401      50 or fewer employees;
             3402          (e) one person employed by or associated with a third-party payor that is not licensed
             3403      under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
             3404          (f) two consumer representatives from organized consumer or employee associations;
             3405          (g) one person broadly representative of the public interest;
             3406          (h) one person employed by or associated with an organization that is licensed under
             3407      Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
             3408          (i) two people representing public health.
             3409          (5) (a) Except as required by Subsection (5)(b), as terms of current committee
             3410      members expire, the governor shall appoint each new member or reappointed member to a
             3411      four-year term.
             3412          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             3413      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             3414      committee members are staggered so that approximately half of the committee is appointed
             3415      every two years.
             3416          (c) Members may serve after their terms expire until replaced.
             3417          (6) When a vacancy occurs in the membership for any reason, the replacement shall be


             3418      appointed for the unexpired term.
             3419          (7) Committee members shall annually elect a chair of the committee from among
             3420      their membership.
             3421          (8) The committee shall meet at least once during each calendar quarter. Meeting
             3422      dates shall be set by the chair upon 10 working days notice to the other members, or upon
             3423      written request by at least four committee members with at least 10 working days notice to
             3424      other committee members.
             3425          (9) Seven committee members constitute a quorum for the transaction of business.
             3426      Action may not be taken except upon the affirmative vote of a majority of a quorum of the
             3427      committee.
             3428          [(10) (a) (i) Members who are not government employees shall receive no
             3429      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3430      the performance of the member's official duties at the rates established by the Division of
             3431      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3432          [(ii) Members may decline to receive per diem and expenses for their service.]
             3433          [(b) (i) State government officer and employee members who do not receive salary, per
             3434      diem, or expenses from their agency for their service may receive per diem and expenses
             3435      incurred in the performance of their official duties from the committee at the rates established
             3436      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3437          [(ii) State government officer and employee members may decline to receive per diem
             3438      and expenses for their service.]
             3439          (10) A member may not receive compensation or benefits for the member's service,
             3440      but may receive per diem and travel expenses in accordance with:
             3441          (a) Section 63A-3-106 ;
             3442          (b) Section 63A-3-107 ; and
             3443          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3444      63A-3-107 .
             3445          (11) All meetings of the committee shall be open to the public, except that the


             3446      committee may hold a closed meeting if the requirements of Sections 52-4-204 , 52-4-205 , and
             3447      52-4-206 are met.
             3448          Section 62. Section 26-39-202 is repealed and reenacted to read:
             3449          26-39-202. Members serve without pay -- Reimbursement for expenses.
             3450          A member may not receive compensation or benefits for the member's service, but may
             3451      receive per diem and travel expenses in accordance with:
             3452          (1) Section 63A-3-106 ;
             3453          (2) Section 63A-3-107 ; and
             3454          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3455      63A-3-107 .
             3456          Section 63. Section 26-40-104 is amended to read:
             3457           26-40-104. Utah Children's Health Insurance Program Advisory Council.
             3458          (1) There is created a Utah Children's Health Insurance Program Advisory Council
             3459      consisting of at least eight and no more than 11 members appointed by the executive director
             3460      of the department. The term of each appointment shall be three years. The appointments shall
             3461      be staggered at one-year intervals to ensure continuity of the advisory council.
             3462          (2) The advisory council shall meet at least quarterly.
             3463          (3) The membership of the advisory council shall include at least one representative
             3464      from each of the following groups:
             3465          (a) child health care providers;
             3466          (b) parents and guardians of children enrolled in the program;
             3467          (c) ethnic populations other than American Indians;
             3468          (d) American Indians;
             3469          (e) the Utah Association of Health Care Providers;
             3470          (f) health and accident and health insurance providers; and
             3471          (g) the general public.
             3472          (4) The advisory council shall advise the department on:
             3473          (a) benefits design;


             3474          (b) eligibility criteria;
             3475          (c) outreach;
             3476          (d) evaluation; and
             3477          (e) special strategies for under-served populations.
             3478          [(5) (a) (i) Members who are not government employees may not receive
             3479      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3480      the performance of the member's official duties at the rates established by the Division of
             3481      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3482          [(ii) Members may decline to receive per diem and expenses for their service.]
             3483          [(b) (i) State government officer and employee members who do not receive salary, per
             3484      diem, or expenses from their agency for their service may receive per diem and expenses
             3485      incurred in the performance of their official duties from the council at the rates established by
             3486      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3487          [(ii) State government officer and employee members may decline to receive per diem
             3488      and expenses for their service.]
             3489          (5) A member may not receive compensation or benefits for the member's service, but
             3490      may receive per diem and travel expenses in accordance with:
             3491          (a) Section 63A-3-106 ;
             3492          (b) Section 63A-3-107 ; and
             3493          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3494      63A-3-107 .
             3495          Section 64. Section 26-46-103 is amended to read:
             3496           26-46-103. Advisory committee -- Membership -- Compensation -- Duties.
             3497          (1) There is created the Utah Health Care Workforce Financial Assistance Program
             3498      Advisory Committee consisting of the following 13 members appointed by the executive
             3499      director, eight of whom shall be residents of rural communities:
             3500          (a) one rural representative of Utah Hospitals and Health Systems, nominated by the
             3501      association;


             3502          (b) two rural representatives of the Utah Medical Association, nominated by the
             3503      association;
             3504          (c) one representative of the Utah Academy of Physician Assistants, nominated by the
             3505      association;
             3506          (d) one representative of the Association for Utah Community Health, nominated by
             3507      the association;
             3508          (e) one representative of the Utah Dental Association, nominated by the association;
             3509          (f) one representative of mental health therapists, selected from nominees submitted by
             3510      mental health therapist professional associations;
             3511          (g) one representative of the Association of Local Health Officers, nominated by the
             3512      association;
             3513          (h) one representative of the low-income advocacy community, nominated by the Utah
             3514      Human Services Coalition;
             3515          (i) one nursing program faculty member, nominated by the Statewide Deans and
             3516      Directors Committee;
             3517          (j) one administrator of a long-term care facility, nominated by the Utah Health Care
             3518      Association;
             3519          (k) one nursing administrator, nominated by the Utah Nurses Association; and
             3520          (l) one geriatric professional who is:
             3521          (i) determined by the department to have adequate advanced training in geriatrics to
             3522      prepare the person to provide specialized geriatric care within the scope of the person's
             3523      profession; and
             3524          (ii) nominated by a professional association for the profession of which the person is a
             3525      member.
             3526          (2) An appointment to the committee shall be for a four-year term unless the member
             3527      is appointed to complete an unexpired term. The executive director may also adjust the length
             3528      of term at the time of appointment or reappointment so that approximately 1/2 the committee
             3529      is appointed every two years. The executive director shall annually appoint a committee chair


             3530      from among the members of the committee.
             3531          (3) The committee shall meet at the call of the chair, at least three members of the
             3532      committee, or the executive director, but no less frequently than once each calendar year.
             3533          (4) A majority of the members of the committee constitutes a quorum. The action of a
             3534      majority of a quorum constitutes the action of the committee.
             3535          [(5) Members of the committee may not receive compensation for their work
             3536      associated with the committee, but may receive from the department reimbursement for travel
             3537      expenses incurred as a member of the committee, as funds are available, at the rates
             3538      established by the Division of Finance under Section 63A-3-107 . Members of the committee
             3539      may decline reimbursement.]
             3540          (5) A member may not receive compensation or benefits for the member's service, but
             3541      may receive per diem and travel expenses in accordance with:
             3542          (a) Section 63A-3-106 ;
             3543          (b) Section 63A-3-107 ; and
             3544          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3545      63A-3-107 .
             3546          (6) The committee shall:
             3547          (a) make recommendations to the department for the development and modification of
             3548      rules to administer the Utah Health Care Workforce Financial Assistance Program; and
             3549          (b) advise the department on the development of a needs assessment tool for
             3550      identifying underserved areas.
             3551          (7) As funding permits, the department shall provide staff and other administrative
             3552      support to the committee.
             3553          Section 65. Section 26-50-202 is amended to read:
             3554           26-50-202. Traumatic Brain Injury Advisory Committee -- Membership -- Time
             3555      limit.
             3556          (1) On or after July 1 of each year, the executive director may create a Traumatic
             3557      Brain Injury Advisory Committee of not more than nine members.


             3558          (2) The committee shall be composed of members of the community who are familiar
             3559      with traumatic brain injury, its causes, diagnosis, treatment, rehabilitation, and support
             3560      services, including:
             3561          (a) persons with a traumatic brain injury;
             3562          (b) family members of a person with a traumatic brain injury;
             3563          (c) representatives of an association which advocates for persons with traumatic brain
             3564      injuries;
             3565          (d) specialists in a profession that works with brain injury patients; and
             3566          (e) department representatives.
             3567          (3) The department shall provide staff support to the committee.
             3568          (4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
             3569      may be appointed for the unexpired term.
             3570          (b) The committee shall elect a chairperson from the membership.
             3571          (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
             3572      exists, the action of the majority of members present shall be the action of the committee.
             3573          (d) The committee may adopt bylaws governing the committee's activities.
             3574          (e) A committee member may be removed by the executive director:
             3575          (i) if the member is unable or unwilling to carry out the member's assigned
             3576      responsibilities; or
             3577          (ii) for good cause.
             3578          (5) The committee shall comply with the procedures and requirements of:
             3579          (a) Title 52, Chapter 4, Open and Public Meetings Act; and
             3580          (b) Title 63G, Chapter 2, Government Records Access and Management Act.
             3581          [(6) (a) Members shall receive no compensation or benefits for their services, but may,
             3582      at the executive director's discretion, receive per diem and expenses incurred in the
             3583      performance of the members' official duties at the rates established by the Division of Finance
             3584      under Sections 63A-3-106 and 63A-3-107 .]
             3585          [(b) Members may decline to receive per diem and expenses for their service.]


             3586          (6) A member may not receive compensation or benefits for the member's service, but,
             3587      at the executive director's discretion, may receive per diem and travel expenses in accordance
             3588      with:
             3589          (a) Section 63A-3-106 ;
             3590          (b) Section 63A-3-107 ; and
             3591          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3592      63A-3-107 .
             3593          (7) Not later than November 30 of each year the committee shall provide a written
             3594      report summarizing the activities of the committee to:
             3595          (a) the executive director of the department;
             3596          (b) the Health and Human Services Interim Committee; and
             3597          (c) the Health and Human Services Appropriations Subcommittee.
             3598          (8) The committee shall cease to exist on December 31 of each year, unless the
             3599      executive director determines it necessary to continue.
             3600          Section 66. Section 31A-2-403 is amended to read:
             3601           31A-2-403. Title and Escrow Commission created.
             3602          (1) (a) Subject to Subsection (1)(b), there is created within the department the Title
             3603      and Escrow Commission that is comprised of five members appointed by the governor with
             3604      the consent of the Senate as follows:
             3605          (i) four members shall each:
             3606          (A) be or have been licensed under the title insurance line of authority; [and]
             3607          (B) as of the day on which the member is appointed, be or have been licensed with the
             3608      search or escrow subline of authority for at least five years; and
             3609          (C) as of the day on which the member is appointed, not be from the same county as
             3610      another member appointed under this Subsection (1)(a)(i); and
             3611          (ii) one member shall be a member of the general public from any county in the state.
             3612          (b) No more than one commission member may be appointed from a single company.
             3613          (2) (a) Subject to Subsection (2)(c), a member of the commission shall file with the


             3614      department a disclosure of any position of employment or ownership interest that the member
             3615      of the commission has with respect to a person that is subject to the jurisdiction of the
             3616      department.
             3617          (b) The disclosure statement required by this Subsection (2) shall be:
             3618          (i) filed by no later than the day on which the person begins that person's appointment;
             3619      and
             3620          (ii) amended when a significant change occurs in any matter required to be disclosed
             3621      under this Subsection (2).
             3622          (c) A member of the commission is not required to disclose an ownership interest that
             3623      the member of the commission has if the ownership interest is held as part of a mutual fund,
             3624      trust, or similar investment.
             3625          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             3626      members expire, the governor shall appoint each new member to a four-year term ending on
             3627      June 30.
             3628          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             3629      time of appointment, adjust the length of terms to ensure that the terms of the commission
             3630      members are staggered so that approximately half of the commission is appointed every two
             3631      years.
             3632          (c) A commission member may not serve more than one consecutive term.
             3633          (d) When a vacancy occurs in the membership for any reason, the governor, with the
             3634      consent of the Senate, shall appoint a replacement for the unexpired term.
             3635          [(4) (a) A member of the commission may not receive compensation or benefits for the
             3636      member's services, but may receive per diem and expenses incurred in the performance of the
             3637      member's official duties at the rates established by the Division of Finance under Sections
             3638      63A-3-106 and 63A-3-107 .]
             3639          [(b) A member may decline to receive per diem and expenses for the member's
             3640      service.]
             3641          (4) A member may not receive compensation or benefits for the member's service, but


             3642      may receive per diem and travel expenses in accordance with:
             3643          (a) Section 63A-3-106 ;
             3644          (b) Section 63A-3-107 ; and
             3645          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3646      63A-3-107 .
             3647          (5) Members of the commission shall annually select one member to serve as chair.
             3648          (6) (a) The commission shall meet at least monthly.
             3649          (b) The commissioner may call additional meetings:
             3650          (i) at the commissioner's discretion;
             3651          (ii) upon the request of the chair of the commission; or
             3652          (iii) upon the written request of three or more commission members.
             3653          (c) (i) Three members of the commission constitute a quorum for the transaction of
             3654      business.
             3655          (ii) The action of a majority of the members when a quorum is present is the action of
             3656      the commission.
             3657          (7) The department shall staff the commission.
             3658          Section 67. Section 31A-29-104 is amended to read:
             3659           31A-29-104. Creation of pool -- Board of directors -- Appointment -- Terms --
             3660      Quorum -- Plan preparation.
             3661          (1) There is created the "Utah Comprehensive Health Insurance Pool," a nonprofit
             3662      entity within the Insurance Department.
             3663          (2) The pool shall be under the direction of a board of directors composed of 12
             3664      members.
             3665          (a) The governor shall appoint 10 of the directors with the consent of the Senate as
             3666      follows:
             3667          (i) two representatives of health insurance companies or health service organizations;
             3668          (ii) one representative of a health maintenance organization;
             3669          (iii) one physician;


             3670          (iv) one representative of hospitals;
             3671          (v) one representative of the general public who is reasonably expected to qualify for
             3672      coverage under the pool;
             3673          (vi) one parent or spouse of such an individual;
             3674          (vii) one representative of the general public;
             3675          (viii) one representative of employers; and
             3676          (ix) one licensed producer with an accident and health line of authority.
             3677          (b) The board shall also include:
             3678          (i) the commissioner or the commissioner's designee; and
             3679          (ii) the executive director of the Department of Health or the executive director's
             3680      designee.
             3681          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             3682      expire, the governor shall appoint each new member or reappointed member to a four-year
             3683      term.
             3684          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             3685      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             3686      board members are staggered so that approximately half of the board is appointed every two
             3687      years.
             3688          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             3689      appointed for the unexpired term in the same manner as the original appointment was made.
             3690          [(5) (a) (i) Members who are not government employees shall receive no
             3691      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3692      the performance of the member's official duties at the rates established by the Division of
             3693      Finance under Sections 63A-3-106 and 63A-3-107 from the Pool Fund.]
             3694          [(ii) Members may decline to receive per diem and expenses for their service.]
             3695          [(b) (i) State government officer and employee members who do not receive salary, per
             3696      diem, or expenses from their agency for their service may receive per diem and expenses
             3697      incurred in the performance of their official duties from the pool at the rates established by the


             3698      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3699          [(ii) A state government member who is a member because of their state government
             3700      position may not receive per diem or expenses for their service.]
             3701          [(iii) State government officer and employee members may decline to receive per diem
             3702      and expenses for their service.]
             3703          (5) A member may not receive compensation or benefits for the member's service, but
             3704      may receive per diem and travel expenses in accordance with:
             3705          (a) Section 63A-3-106 ;
             3706          (b) Section 63A-3-107 ; and
             3707          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3708      63A-3-107 .
             3709          (6) The board shall elect annually a chair and vice chair from its membership.
             3710          (7) Six board members are a quorum for the transaction of business.
             3711          (8) The action of a majority of the members of the quorum is the action of the board.
             3712          Section 68. Section 31A-35-201 is amended to read:
             3713           31A-35-201. Bail Bond Surety Oversight Board.
             3714          (1) There is created a Bail Bond Surety Oversight Board within the department,
             3715      consisting of:
             3716          (a) the following seven voting members to be appointed by the commissioner:
             3717          (i) one representative each from four licensed bail bond surety companies;
             3718          (ii) two members of the general public who do not have any financial interest in or
             3719      professional affiliation with any bail bond surety company; and
             3720          (iii) one attorney in good standing licensed to practice law in Utah; and
             3721          (b) a nonvoting member who is a staff member of the insurance department appointed
             3722      by the commissioner.
             3723          (2) (a) The appointments are for terms of four years. A board member may not serve
             3724      more than two consecutive terms.
             3725          (b) The insurance commissioner shall, at the time of appointment or reappointment of


             3726      a board member described in Subsection (1)(a), adjust the length of terms to ensure that the
             3727      terms of board members are staggered so approximately half of the board is appointed every
             3728      two years.
             3729          (3) A board member serves until:
             3730          (a) removed by the insurance commissioner;
             3731          (b) the member's resignation; or
             3732          (c) for a member described in Subsection (1)(a), the expiration of the member's term
             3733      and the appointment of a successor.
             3734          (4) When a vacancy occurs in the membership of a board member described in
             3735      Subsection (1)(a) for any reason, the replacement shall be appointed for the remainder of the
             3736      unexpired term.
             3737          (5) The board shall annually elect one of its members as chair.
             3738          (6) Four voting members constitute a quorum for the transaction of business.
             3739          [(7) (a) A member described in Subsection (1)(a) does not receive compensation or
             3740      benefits for the member's services, but may receive per diem and expenses incurred in the
             3741      performance of official duties at the rates established by the Division of Finance under
             3742      Sections 63A-3-106 and 63A-3-107 .]
             3743          [(b) A member described in Subsection (1)(a) may decline to receive per diem and
             3744      expenses for the member's services.]
             3745          (7) A member may not receive compensation or benefits for the member's service, but
             3746      may receive per diem and travel expenses in accordance with:
             3747          (a) Section 63A-3-106 ;
             3748          (b) Section 63A-3-107 ; and
             3749          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3750      63A-3-107 .
             3751          (8) (a) The commissioner, with a majority vote of the board, may remove any member
             3752      of the board described in Subsection (1)(a) for misconduct, incompetency, or neglect of duty.
             3753          (b) The board shall conduct a hearing if requested by the board member described in


             3754      Subsection (1)(a) that is to be removed.
             3755          (9) Members of the board are immune from suit with respect to all acts done and
             3756      actions taken in good faith in carrying out the purposes of this chapter.
             3757          Section 69. Section 32A-1-106 is amended to read:
             3758           32A-1-106. Alcoholic Beverage Control Commission -- Membership -- Oaths and
             3759      bond -- Per diem -- Offices -- Removal -- Meetings.
             3760          (1) The Alcoholic Beverage Control Commission shall act as a governing board over
             3761      the Department of Alcoholic Beverage Control.
             3762          (2) (a) The commission is composed of five part-time commissioners appointed by the
             3763      governor with the consent of the Senate.
             3764          (b) No more than three commissioners may be of the same political party.
             3765          (3) (a) Except as required by Subsection (3)(b), as terms of current commissioners
             3766      expire, the governor shall appoint each new commissioner or reappointed commissioner to a
             3767      four-year term.
             3768          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             3769      time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
             3770      more than two commissioners expire in a fiscal year.
             3771          (4) When a vacancy occurs in the commission for any reason, the replacement shall be
             3772      appointed for the unexpired term with the consent of the Senate.
             3773          (5) Each commissioner shall qualify by taking the oath of office and by giving bond to
             3774      the state for faithful performance of duties in an amount determined by the Division of
             3775      Finance, and in a form approved by the attorney general. The bond premium shall be paid by
             3776      the state.
             3777          [(6) (a) A commissioner may not receive compensation or benefits for the
             3778      commissioner's services, but may receive per diem and expenses incurred in the performance
             3779      of the commissioner's official duties at the rates established by the Division of Finance under
             3780      Sections 63A-3-106 and 63A-3-107 .]
             3781          [(b) A commissioner may decline to receive per diem and expenses for the


             3782      commissioner's service.]
             3783          (6) A commissioner may not receive compensation or benefits for the commissioner's
             3784      service, but may receive per diem and travel expenses in accordance with:
             3785          (a) Section 63A-3-106 ;
             3786          (b) Section 63A-3-107 ; and
             3787          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3788      63A-3-107 .
             3789          (7) (a) The commission shall elect one of its members to serve as chair, another to
             3790      serve as vice chair, and other commission officers as it considers advisable, all of whom shall
             3791      serve at the pleasure of the commission.
             3792          (b) All commissioners on the commission have equal voting rights on all commission
             3793      matters when in attendance at a commission meeting.
             3794          (c) Three commissioners of the commission is a quorum for conducting commission
             3795      business.
             3796          (d) A majority vote of the quorum present is required for any action to be taken by the
             3797      commission.
             3798          (8) (a) (i) The governor may remove any commissioner from office for cause after a
             3799      public hearing conducted by the governor or by an impartial hearing examiner appointed by
             3800      the governor to conduct the hearing.
             3801          (ii) The commissioner shall receive written notice of the date, time, and place of the
             3802      hearing along with the alleged grounds for the removal at least 10 days before the hearing.
             3803      The commissioner shall have the opportunity to attend the hearing, present witnesses and other
             3804      evidence, and confront and cross examine witnesses.
             3805          (b) Following the hearing, written findings of fact and conclusions of law shall be
             3806      prepared by the person conducting the hearing and a copy served upon the commissioner. If
             3807      the hearing is before a hearing examiner, the hearing examiner shall also issue a written
             3808      recommendation to the governor.
             3809          (c) The commissioner shall have five days to file written objections to the


             3810      recommendation before the governor issues a final order. The governor's order shall be in
             3811      writing and served upon the commissioner.
             3812          (9) (a) The commission shall meet at least monthly, but may hold other meetings at
             3813      times and places as scheduled by the commission, by the chair, or by any three commissioners
             3814      upon filing a written request for a meeting with the chair.
             3815          (b) Notice of the time and place of each commission meeting shall be given to each
             3816      commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
             3817      Meetings Act. All commission meetings shall be open to the public, except those meetings or
             3818      portions of meetings that are closed by the commission as authorized by Sections 52-4-204
             3819      and 52-4-205 .
             3820          Section 70. Section 34-20-3 is amended to read:
             3821           34-20-3. Labor relations board.
             3822          (1) (a) There is created the Labor Relations Board consisting of the following:
             3823          (i) the commissioner of the Labor Commission;
             3824          (ii) two members appointed by the governor with the consent of the Senate consisting
             3825      of:
             3826          (A) a representative of employers, in making this appointment the governor shall
             3827      consider nominations from employer organizations; and
             3828          (B) a representative of employees, in making this appointment the governor shall
             3829      consider nominations from employee organizations.
             3830          (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed
             3831      under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed
             3832      member to a four-year term.
             3833          (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
             3834      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             3835      members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed
             3836      every two years.
             3837          (c) The commissioner shall serve as chair of the board.


             3838          (d) A vacancy occurring on the board for any cause of the members appointed under
             3839      Subsection (1)(a)(ii) shall be filled by the governor with the consent of the Senate pursuant to
             3840      this section for the unexpired term of the vacating member.
             3841          (e) The governor may at any time remove a member appointed under Subsection
             3842      (1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for
             3843      cause upon a hearing.
             3844          (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any
             3845      other office in the government of the United States, this state or any other state, or of any
             3846      county government or municipal corporation within a state.
             3847          [(g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive
             3848      compensation for the member's services, but may receive per diem and expenses incurred in
             3849      the performance of the member's official duties at the rates established by the Division of
             3850      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3851          [(B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem
             3852      and expenses for the member's service.]
             3853          [(ii) The commissioner may not receive additional compensation, per diem, or
             3854      expenses from the commissioner's service on the board that is in addition to the monies
             3855      received as commissioner.]
             3856          (g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or
             3857      benefits for the member's service, but may receive per diem and travel expenses in accordance
             3858      with:
             3859          (i) Section 63A-3-106 ;
             3860          (ii) Section 63A-3-107 ; and
             3861          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3862      63A-3-107 .
             3863          (2) A meeting of the board may be called:
             3864          (a) by the chair; or
             3865          (b) jointly by the members appointed under Subsection (1)(a)(ii).


             3866          (3) The chair may provide staff and administrative support as necessary from the
             3867      Labor Commission.
             3868          (4) A vacancy in the board shall not impair the right of the remaining members to
             3869      exercise all the powers of the board, and two members of the board shall at all times constitute
             3870      a quorum.
             3871          (5) The board shall have an official seal which shall be judicially noticed.
             3872          Section 71. Section 34A-2-107 is amended to read:
             3873           34A-2-107. Appointment of workers' compensation advisory council --
             3874      Composition -- Terms of members -- Duties -- Compensation.
             3875          (1) The commissioner shall appoint a workers' compensation advisory council
             3876      composed of:
             3877          (a) the following voting members:
             3878          (i) five employer representatives; and
             3879          (ii) five employee representatives; and
             3880          (b) the following nonvoting members:
             3881          (i) a representative of the Workers' Compensation Fund;
             3882          (ii) a representative of a private insurance carrier;
             3883          (iii) a representative of health care providers;
             3884          (iv) the Utah insurance commissioner or the insurance commissioner's designee; and
             3885          (v) the commissioner or the commissioner's designee.
             3886          (2) Employers and employees shall consider nominating members of groups who
             3887      historically may have been excluded from the council, such as women, minorities, and
             3888      individuals with disabilities.
             3889          (3) (a) Except as required by Subsection (3)(b), as terms of current council members
             3890      expire, the commissioner shall appoint each new member or reappointed member to a two-year
             3891      term beginning July 1 and ending June 30.
             3892          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
             3893      the time of appointment or reappointment, adjust the length of terms to ensure that the terms


             3894      of council members are staggered so that approximately half of the council is appointed every
             3895      two years.
             3896          (4) (a) When a vacancy occurs in the membership for any reason, the replacement
             3897      shall be appointed for the unexpired term.
             3898          (b) The commissioner shall terminate the term of a council member who ceases to be
             3899      representative as designated by the member's original appointment.
             3900          (5) (a) The council shall confer at least quarterly for the purpose of advising the
             3901      commission, the division, and the Legislature on:
             3902          (i) the Utah workers' compensation and occupational disease laws;
             3903          (ii) the administration of the laws described in Subsection (5)(a)(i);
             3904          (iii) rules related to the laws described in Subsection (5)(a)(i); and
             3905          (iv) advising the Legislature in accordance with Subsection (5)(b).
             3906          (b) (i) The council and the commission shall jointly study during 2009 the premium
             3907      assessment under Section 59-9-101 on an admitted insurer writing workers' compensation
             3908      insurance in this state and on a self-insured employer under Section 34A-2-202 as to:
             3909          (A) whether or not the premium assessment should be changed; or
             3910          (B) whether or not changes should be made to how the premium assessment is used.
             3911          (ii) The council and commission shall jointly report the results of the study described
             3912      in this Subsection (5)(b) to the Business and Labor Interim Committee by no later than the
             3913      2009 November interim meeting.
             3914          (6) Regarding workers' compensation, rehabilitation, and reemployment of employees
             3915      who are disabled because of an industrial injury or occupational disease the council shall:
             3916          (a) offer advice on issues requested by:
             3917          (i) the commission;
             3918          (ii) the division; and
             3919          (iii) the Legislature; and
             3920          (b) make recommendations to:
             3921          (i) the commission; and


             3922          (ii) the division.
             3923          (7) The commissioner or the commissioner's designee shall serve as the chair of the
             3924      council and call the necessary meetings.
             3925          (8) The commission shall provide staff support to the council.
             3926          [(9) (a) (i) A member who is not a government employee may not receive
             3927      compensation or benefits for the member's service, but may receive per diem and expenses
             3928      incurred in the performance of the member's official duties at the rates established by the
             3929      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3930          [(ii) A member may decline to receive per diem and expenses for the member's
             3931      service.]
             3932          [(b) (i) A state government officer or employee member who does not receive salary,
             3933      per diem, or expenses from the member's agency for the member's service may receive per
             3934      diem and expenses incurred in the performance of the member's official duties from the
             3935      council at the rates established by the Division of Finance under Sections 63A-3-106 and
             3936      63A-3-107 .]
             3937          [(ii) A state government officer or employee member may decline to receive per diem
             3938      and expenses for the member's service.]
             3939          (9) A member may not receive compensation or benefits for the member's service, but
             3940      may receive per diem and travel expenses in accordance with:
             3941          (a) Section 63A-3-106 ;
             3942          (b) Section 63A-3-107 ; and
             3943          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3944      63A-3-107 .
             3945          Section 72. Section 34A-5-105 is amended to read:
             3946           34A-5-105. Antidiscrimination and Labor Advisory Council -- Membership --
             3947      Appointment -- Term -- Powers and duties -- Chair.
             3948          (1) There is created an Antidiscrimination and Labor Advisory Council consisting of:
             3949          (a) 13 voting members appointed by the commissioner as follows:


             3950          (i) three employer representatives;
             3951          (ii) three employee representatives;
             3952          (iii) two representatives of persons who seek to rent or purchase dwellings as defined
             3953      in Section 57-21-2 ;
             3954          (iv) two representatives of persons who:
             3955          (A) sell or rent dwellings; and
             3956          (B) are subject to Title 57, Chapter 21, Utah Fair Housing Act; and
             3957          (v) three representatives of the general public; and
             3958          (b) the commissioner or the commissioner's designee as a nonvoting member of the
             3959      council.
             3960          (2) In making the appointments under Subsection (1), the commissioner shall consider
             3961      representation of the following protected classes:
             3962          (a) race;
             3963          (b) color;
             3964          (c) national origin;
             3965          (d) gender;
             3966          (e) religion;
             3967          (f) age;
             3968          (g) persons with disabilities;
             3969          (h) familial status as defined in Section 57-21-2 ; and
             3970          (i) source of income as defined in Section 57-21-2 .
             3971          (3) The division shall provide any necessary staff support for the council.
             3972          (4) (a) Except as required by Subsection (4)(b), as terms of current council members
             3973      expire, the commissioner shall appoint each new member or reappointed member to a
             3974      four-year term.
             3975          (b) Notwithstanding the requirements of Subsection (4)(a), the commissioner shall, at
             3976      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             3977      of council members are staggered so that approximately half of the council is appointed every


             3978      two years.
             3979          (5) (a) When a vacancy occurs in the membership for any reason, the replacement
             3980      shall be appointed for the unexpired term.
             3981          (b) The commissioner shall terminate the term of a council member who ceases to be
             3982      representative as designated by the original appointment.
             3983          [(6) (a) (i) Members who are not government employees shall receive no
             3984      compensation or benefits for their services, but may receive per diem and expenses incurred in
             3985      the performance of the member's official duties at the rates established by the Division of
             3986      Finance under Sections 63A-3-106 and 63A-3-107 .]
             3987          [(ii) Members may decline to receive per diem and expenses for their service.]
             3988          [(b) (i) State government officer and employee members who do not receive salary, per
             3989      diem, or expenses from their agency for their service may receive per diem and expenses
             3990      incurred in the performance of their official duties from the council at the rates established by
             3991      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             3992          [(ii) State government officer and employee members may decline to receive per diem
             3993      and expenses for their service.]
             3994          (6) A member may not receive compensation or benefits for the member's service, but
             3995      may receive per diem and travel expenses in accordance with:
             3996          (a) Section 63A-3-106 ;
             3997          (b) Section 63A-3-107 ; and
             3998          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             3999      63A-3-107 .
             4000          (7) (a) The advisory council shall:
             4001          (i) offer advice on issues requested by:
             4002          (A) the commission;
             4003          (B) the division; or
             4004          (C) the Legislature; and
             4005          (ii) make recommendations to the commission and division regarding issues related to:


             4006          (A) employment discrimination;
             4007          (B) housing discrimination; and
             4008          (C) the administration by the commission of:
             4009          (I) the provisions of Title 34, Labor in General, that are administered by the
             4010      commission;
             4011          (II) Title 34A, Chapter 5, Utah Antidiscrimination Act; and
             4012          (III) Title 57, Chapter 21, Utah Fair Housing Act.
             4013          (b) The council shall confer at least quarterly for the purpose of advising the
             4014      commission, division, and the Legislature regarding issues described in Subsection (7)(a).
             4015          (8) (a) The commissioner or the commissioner's designee shall serve as chair of the
             4016      council.
             4017          (b) The chair is charged with the responsibility of calling the necessary meetings.
             4018          Section 73. Section 34A-6-106 is amended to read:
             4019           34A-6-106. Occupational Safety and Health Advisory Council -- Appointment.
             4020          (1) (a) There is created a Utah Occupational Safety and Health Advisory Council to
             4021      assist the division in standard formulation.
             4022          (b) Voting members on the council shall be appointed by the commissioner and shall
             4023      consist of six persons selected upon the basis of their experience and competence in the field
             4024      of occupational safety and health and shall include:
             4025          (i) two representatives of labor;
             4026          (ii) two representatives of industry; and
             4027          (iii) two representatives of the public.
             4028          (c) In addition to the voting members under Subsection (1)(b), the commissioner or
             4029      the commissioner's designee shall serve as a nonvoting member.
             4030          (2) (a) Except as required by Subsection (2)(b), as terms of current council members
             4031      expire, the commissioner shall appoint each new member or reappointed member to a
             4032      four-year term.
             4033          (b) Notwithstanding the requirements of Subsection (2)(a), the commissioner shall, at


             4034      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             4035      of council members are staggered so that approximately half of the council is appointed every
             4036      two years.
             4037          (c) The commissioner may reappoint any council member for additional terms.
             4038          (d) The commissioner or the commissioner's designee shall serve as chair of the
             4039      council and call all necessary meetings.
             4040          (3) The council shall meet as needed when called by the chair.
             4041          (4) (a) When a vacancy occurs in the membership for any reason, the replacement
             4042      shall be appointed for the unexpired term.
             4043          (b) The commissioner shall terminate the term of any council member who ceases to
             4044      be a representative as designated by the member's original appointment.
             4045          (5) The administrator shall furnish the council clerical, secretarial, and other services
             4046      necessary to conduct the business delegated to the council.
             4047          [(6) (a) Members shall receive no compensation or benefits for their services, but may
             4048      receive per diem and expenses incurred in the performance of the member's official duties at
             4049      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4050          [(b) Members may decline to receive per diem and expenses for their service.]
             4051          (6) A member may not receive compensation or benefits for the member's service, but
             4052      may receive per diem and travel expenses in accordance with:
             4053          (a) Section 63A-3-106 ;
             4054          (b) Section 63A-3-107 ; and
             4055          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4056      63A-3-107 .
             4057          Section 74. Section 35A-1-205 is amended to read:
             4058           35A-1-205. Workforce Appeals Board -- Chair -- Appointment -- Compensation
             4059      -- Qualifications.
             4060          (1) There is created the Workforce Appeals Board within the department consisting of
             4061      one or more panels to hear and decide appeals from the decision of an administrative law


             4062      judge.
             4063          (2) (a) A panel shall consist of three impartial members appointed by the governor as
             4064      follows:
             4065          (i) the board chair, appointed in accordance with Subsection (5);
             4066          (ii) one member appointed to represent employers; and in making this appointment,
             4067      the governor shall consider nominations from employer organizations; and
             4068          (iii) one member appointed to represent employees; and in making this appointment,
             4069      the governor shall consider nominations from employee organizations.
             4070          (b) No more than two members of a panel may belong to the same political party.
             4071          (3) (a) (i) The term of a member shall be six years beginning on March 1 of the year
             4072      the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
             4073          (ii) The governor shall, at the time of appointment or reappointment, adjust the length
             4074      of terms to ensure that the terms of members are staggered so that approximately one third of
             4075      the members are appointed every two years.
             4076          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             4077      appointed for the unexpired term.
             4078          (c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
             4079      or misfeasance in office, or other good and sufficient cause.
             4080          (d) A member shall hold office until a successor is appointed and has qualified.
             4081          (4) (a) Except as provided in Subsection (4)[(c)](b), a member [of the board may not
             4082      receive compensation for the member's services, but may receive per diem and expenses
             4083      incurred in the performance of the member's official duties at the rates established by the
             4084      Division of Finance under Sections 63A-3-106 and 63A-3-107 .] may not receive
             4085      compensation or benefits for the member's service, but may receive per diem and travel
             4086      expenses in accordance with:
             4087          (i) Section 63A-3-106 ;
             4088          (ii) Section 63A-3-107 ; and
             4089          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             4090      63A-3-107 .
             4091          [(b) A member may decline to receive per diem and expenses for the member's
             4092      service.]
             4093          [(c)] (b) The member appointed as board chair in accordance with Subsection (5) shall
             4094      be compensated at an hourly rate determined by the Department of Human Resource
             4095      Management in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
             4096          (5) (a) The chief officer of the board shall be the chair, who shall serve as the
             4097      executive and administrative head of the board.
             4098          (b) The chair shall be appointed by the governor to represent the public and may be
             4099      removed from that position at the will of the governor.
             4100          (c) The chair shall be experienced in administration and possess any additional
             4101      qualifications determined by the governor.
             4102          (6) (a) The chair shall designate an alternate from a panel appointed under this section:
             4103          (i) in the absence of a regular member or the chair; or
             4104          (ii) if the regular member or the chair has a conflict of interest.
             4105          (b) Each case shall be decided by a full three-member panel.
             4106          (7) The department shall provide the Workforce Appeals Board necessary staff
             4107      support, except, the board may employ, retain, or appoint legal counsel.
             4108          Section 75. Section 35A-1-206 is amended to read:
             4109           35A-1-206. State Council on Workforce Services -- Appointment -- Membership
             4110      -- Terms of members -- Compensation.
             4111          (1) There is created a State Council on Workforce Services that shall:
             4112          (a) perform the activities described in Subsection (8);
             4113          (b) advise on issues requested by the department and the Legislature; and
             4114          (c) make recommendations to the department regarding:
             4115          (i) the implementation of Chapters 2, Regional Workforce Services Areas, 3,
             4116      Employment Support Act, and 5, Training and Workforce Improvement Act; and
             4117          (ii) the coordination of apprenticeship training.


             4118          (2) (a) The council shall consist of the following voting members:
             4119          (i) each chair of a regional workforce services council appointed under Section
             4120      35A-2-103 ;
             4121          (ii) the superintendent of public instruction or the superintendent's designee;
             4122          (iii) the commissioner of higher education or the commissioner's designee; and
             4123          (iv) the following members appointed by the governor in consultation with the
             4124      executive director:
             4125          (A) four representatives of small employers as defined by rule by the department;
             4126          (B) four representatives of large employers as defined by rule by the department;
             4127          (C) four representatives of employees or employee organizations, including at least
             4128      one representative from nominees suggested by public employees organizations;
             4129          (D) two representatives of the clients served under this title including
             4130      community-based organizations;
             4131          (E) a representative of veterans in the state; and
             4132          (F) the executive director of the Utah State Office of Rehabilitation.
             4133          (b) The following shall serve as nonvoting ex officio members of the council:
             4134          (i) the executive director or the executive director's designee;
             4135          (ii) a legislator appointed by the governor from nominations of the speaker of the
             4136      House of Representatives and president of the Senate;
             4137          (iii) the executive director of the Department of Human Services;
             4138          (iv) the director of the Governor's Office of Economic Development or the director's
             4139      designee; and
             4140          (v) the executive director of the Department of Health.
             4141          (3) (a) The governor shall appoint one nongovernmental member from the council to
             4142      be the chair.
             4143          (b) The chair shall serve at the pleasure of the governor.
             4144          (4) (a) A member appointed by the governor shall serve a term of four years and may
             4145      be reappointed to one additional term.


             4146          (b) A member shall continue to serve until the member's successor has been appointed
             4147      and qualified.
             4148          (c) Except as provided in Subsection (4)(d), as terms of council members expire, the
             4149      governor shall appoint each new member or reappointed member to a four-year term.
             4150          (d) Notwithstanding the requirements of Subsection (4)(c), the governor shall, at the
             4151      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4152      council members are staggered so that approximately one half of the council is appointed
             4153      every two years.
             4154          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             4155      appointed for the unexpired term.
             4156          (5) A majority of the voting members constitutes a quorum for the transaction of
             4157      business.
             4158          [(6) (a) (i) A public member may not receive compensation for the member's services,
             4159      but may receive per diem and expenses incurred in the performance of the member's official
             4160      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             4161      63A-3-107 .]
             4162          [(ii) A public member may decline to receive per diem and expenses for the member's
             4163      service.]
             4164          [(b) (i) A state government member who does not receive salary, per diem, or expenses
             4165      from the state for the member's service may receive per diem and expenses incurred in the
             4166      performance of the member's official duties as a member at the rates established by the
             4167      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4168          [(ii) A state government member who is a member because of the member's state
             4169      government position may not receive per diem or expenses for the member's service.]
             4170          [(iii) A state government member may decline to receive per diem and expenses for
             4171      the member's service.]
             4172          [(c) A legislator on the council shall receive compensation and expenses as provided
             4173      by law and legislative rule.]


             4174          [(d) A higher education member who does not receive salary, per diem, or expenses
             4175      from the entity that the member represents for the member's service may receive per diem and
             4176      expenses incurred in the performance of the member's official duties from the council at the
             4177      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4178          [(e) (i) A local government member who does not receive salary, per diem, or expenses
             4179      from the entity that the member represents for the member's service may receive per diem and
             4180      expenses incurred in the performance of the member's official duties at the rates established by
             4181      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4182          [(ii) A local government member may decline to receive per diem and expenses for the
             4183      member's service.]
             4184          (6) A member may not receive compensation or benefits for the member's service, but
             4185      may receive per diem and travel expenses in accordance with:
             4186          (a) Section 63A-3-106 ;
             4187          (b) Section 63A-3-107 ; and
             4188          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4189      63A-3-107 .
             4190          (7) The department shall provide staff and administrative support to the council at the
             4191      direction of the executive director.
             4192          (8) The council shall:
             4193          (a) develop a state workforce services plan in accordance with Section 35A-1-207 ;
             4194          (b) review regional workforce services plans to certify consistency with state policy
             4195      guidelines;
             4196          (c) work cooperatively with regional councils on workforce services to oversee
             4197      regional workforce services area operations and to ensure that services are being delivered in
             4198      accordance with regional workforce services plans;
             4199          (d) oversee the department's provision of technical assistance to the regional
             4200      workforce services areas;
             4201          (e) evaluate program performance, customer satisfaction, and other indicators to


             4202      identify program strengths and weaknesses;
             4203          (f) based on the evaluation conducted under Subsection (8)(e) develop plans to
             4204      improve program outcomes;
             4205          (g) improve the understanding and visibility of state workforce services efforts
             4206      through external and internal marketing strategies;
             4207          (h) make an annual report of accomplishments to the governor and the Legislature
             4208      related to the activities of the department;
             4209          (i) issue other studies, reports, or documents the council considers advisable that are
             4210      not required under Subsection (8)(h);
             4211          (j) coordinate the planning and delivery of workforce development services with
             4212      public education, higher education, vocational rehabilitation, and human services; and
             4213          (k) perform other responsibilities within the scope of workforce services as requested
             4214      by:
             4215          (i) the Legislature;
             4216          (ii) the governor; or
             4217          (iii) the executive director.
             4218          Section 76. Section 35A-2-103 is amended to read:
             4219           35A-2-103. Regional council on workforce services -- Appointment --
             4220      Membership -- Terms of members -- Compensation.
             4221          (1) The executive director shall jointly with all of the consortium of counties in the
             4222      regional workforce services area, establish one or more regional councils on workforce
             4223      services in each regional workforce services area.
             4224          (2) A regional council on workforce services shall:
             4225          (a) perform the functions described in Subsection (10);
             4226          (b) work with the regional director, the department, the consortium of counties, and
             4227      the State Council on Workforce Services on issues requested by the director of the regional
             4228      workforce services area or the department; and
             4229          (c) make recommendations to the regional workforce services area and department


             4230      regarding:
             4231          (i) the implementation of Chapters 2, Regional Workforce Services Areas, 3,
             4232      Employment Support Act, and 5, Training and Workforce Improvement Act; and
             4233          (ii) coordination of apprenticeship training.
             4234          (3) Unless otherwise specified in this Subsection (3), members of a regional council
             4235      on workforce services shall be appointed by the consortium of counties that covers the same
             4236      geographic area as the regional council in the regional workforce services area, in consultation
             4237      with the regional director, and shall consist of the following:
             4238          (a) the voting members who are:
             4239          (i) eight representatives of private sector small employers as defined by rule by the
             4240      department;
             4241          (ii) eight representatives of private sector large employers as defined by rule by the
             4242      department;
             4243          (iii) two representatives of employees, including employee organizations and
             4244      including at least one representative from nominees suggested by public employees
             4245      organizations in the region;
             4246          (iv) two representatives of clients, including community-based organizations;
             4247          (v) one representative from organized labor not representing public employees;
             4248          (vi) three representatives of county government consisting of county commissioners,
             4249      county council members, county executives, or county mayors from the counties in the
             4250      regional workforce services area;
             4251          (vii) a representative of public education appointed jointly by the school district
             4252      superintendents in the region;
             4253          (viii) a representative of higher education appointed jointly by the presidents of the
             4254      institutions of higher education in the region;
             4255          (ix) a representative of veterans;
             4256          (x) a representative of the Office of Rehabilitation; and
             4257          (xi) an individual who works for or is a member of an economic development board or


             4258      committee of the state or one of its political subdivisions; and
             4259          (b) ex officio nonvoting members who are:
             4260          (i) a representative of applied technology;
             4261          (ii) a representative of the Department of Human Services; and
             4262          (iii) a representative of the Department of Health.
             4263          (4) The director of the regional workforce services area shall be a nonvoting ex officio
             4264      member of the council and provide any necessary staff support for the council.
             4265          (5) (a) The consortium of counties in the regional workforce services area that
             4266      appoints the council shall, in consultation with the regional director, appoint a member of the
             4267      council to be the chair of the council to serve no more than two one-year terms.
             4268          (b) The chair shall be a representative of private sector employers.
             4269          (6) (a) (i) Except as provided in Subsection (6)(a)(ii), as terms of council members
             4270      expire, the consortium of counties in the regional workforce services area that appoints the
             4271      council shall, in consultation with the regional director, appoint each new member or
             4272      reappointed member to a four-year term.
             4273          (ii) Notwithstanding the requirements of Subsection (6)(a)(i), the consortium of
             4274      counties in the regional workforce services area that appoints the council shall, in consultation
             4275      with the regional director, at the time of appointment or reappointment, adjust the length of
             4276      terms to ensure that the terms of council members are staggered so that approximately one half
             4277      of the council is appointed every two years.
             4278          (iii) When a vacancy occurs in the membership for any reason, the replacement shall
             4279      be appointed for the unexpired term.
             4280          (b) At the expiration of the term of a council member or if a vacancy occurs on the
             4281      council, the consortium of counties in the regional workforce services area shall appoint a
             4282      replacement to the council, in consultation with the regional director.
             4283          (c) A member shall continue to serve as a member until the member's successor has
             4284      been appointed and qualified.
             4285          (d) A member is eligible for reappointment.


             4286          (e) The consortium of counties in the regional workforce services area that appoints
             4287      the council shall appoint, in consultation with the regional director, an individual to replace a
             4288      council member for the remainder of the term of the council member being replaced if the
             4289      council member:
             4290          (i) ceases to be representative as designated by the original appointment; or
             4291          (ii) fails to attend three council meetings, if each of the three absences are not excused
             4292      by the chair prior to or during the meeting.
             4293          (7) (a) A majority of the voting members constitutes a quorum for the transaction of
             4294      business.
             4295          (b) Notwithstanding Subsection (7)(a), a majority of the private sector representatives
             4296      shall be present for business to be transacted.
             4297          [(8) (a) (i) A public member may not receive compensation for the member's services,
             4298      but may receive per diem and expenses incurred in the performance of the member's official
             4299      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             4300      63A-3-107 .]
             4301          [(ii) A public member may decline to receive per diem and expenses for the member's
             4302      service.]
             4303          [(b) (i) A state government member who does not receive salary, per diem, or expenses
             4304      from the state for the member's service may receive per diem and expenses incurred in the
             4305      performance of the member's official duties as a member at the rates established by the
             4306      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4307          [(ii) A state government member who is a member because of the member's state
             4308      government position may not receive per diem or expenses for the member's service.]
             4309          [(iii) A state government member may decline to receive per diem and expenses for
             4310      the member's service.]
             4311          [(c) A higher education member who does not receive salary, per diem, or expenses
             4312      from the entity that the member represents for the member's service may receive per diem and
             4313      expenses incurred in the performance of the member's official duties from the council at the


             4314      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4315          [(d) (i) A local government member who does not receive salary, per diem, or
             4316      expenses from the entity that the member represents for the member's service may receive per
             4317      diem and expenses incurred in the performance of the member's official duties at the rates
             4318      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4319          [(ii) A local government member may decline to receive per diem and expenses for the
             4320      member's service.]
             4321          (8) A member may not receive compensation or benefits for the member's service, but
             4322      may receive per diem and travel expenses in accordance with:
             4323          (a) Section 63A-3-106 ;
             4324          (b) Section 63A-3-107 ; and
             4325          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4326      63A-3-107 .
             4327          (9) The regional council shall annually provide the consortium of counties that
             4328      appoints the council a written report that shall include the information concerning the
             4329      elements of the regional plan described in Subsection 35A-2-102 (4)(b).
             4330          (10) The regional councils on workforce services shall:
             4331          (a) determine the locations of employment centers in accordance with Section
             4332      35A-2-203 ;
             4333          (b) develop a regional workforce services plan in accordance with Section 35A-1-207 ;
             4334          (c) develop training priorities for the region;
             4335          (d) work cooperatively with the State Council on Workforce Services to oversee
             4336      regional workforce services areas operations and to ensure that services are being delivered in
             4337      accordance with regional workforce services plans;
             4338          (e) address concerns within the regional workforce services area related to
             4339      apprenticeship training coordination;
             4340          (f) coordinate the planning and delivery of workforce development services with
             4341      public education, higher education, vocational rehabilitation, and human services; and


             4342          (g) report annually to the State Council on Workforce Services.
             4343          Section 77. Section 35A-3-205 is amended to read:
             4344           35A-3-205. Creation of committee.
             4345          (1) There is created a Child Care Advisory Committee.
             4346          (2) The committee shall counsel and advise the office in fulfilling its statutory
             4347      obligations to include:
             4348          (a) a review of and recommendations on the office's annual budget;
             4349          (b) recommendations on how the office might best respond to child care needs
             4350      throughout the state; and
             4351          (c) recommendations on the use of new monies that come into the office, including
             4352      those for the Child Care Fund.
             4353          (3) The committee is composed of the following members, with special attention given
             4354      to insure diversity and representation from both urban and rural groups:
             4355          (a) one expert in early childhood development;
             4356          (b) one child care provider who operates a center;
             4357          (c) one child care provider who operates a family child care business;
             4358          (d) one parent who is representative of households receiving a child care subsidy from
             4359      the office;
             4360          (e) one representative from the public at-large;
             4361          (f) one representative of the State Office of Education;
             4362          (g) one representative of the Department of Health;
             4363          (h) one representative of the Department of Human Services;
             4364          (i) one representative of the Department of Community and Culture;
             4365          (j) two representatives from the corporate community, one who is a recent "Family
             4366      Friendly" award winner and who received the award because of efforts in the child care arena;
             4367          (k) two representatives from the small business community;
             4368          (l) one representative from child care advocacy groups;
             4369          (m) one representative of children with disabilities;


             4370          (n) one representative from the state Head Start Association appointed by the
             4371      association;
             4372          (o) one representative from each child care provider association; and
             4373          (p) one representative of a child care resource and referral center appointed by the
             4374      organization representing child care resource and referral agencies.
             4375          (4) (a) The executive director shall appoint the members designated in Subsections
             4376      (3)(a) through (e) and (j) through (n).
             4377          (b) The head of the respective departments shall appoint the members referred to in
             4378      Subsections (3)(f) through (i).
             4379          (c) Each child care provider association shall appoint its respective member referred to
             4380      in Subsection (3)(o).
             4381          (5) (a) Except as required by Subsection (5)(b), as terms of current committee
             4382      members expire, the appointing authority shall appoint each new member or reappointed
             4383      member to a four-year term.
             4384          (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
             4385      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             4386      terms of committee members are staggered so that approximately half of the committee is
             4387      appointed every two years.
             4388          (6) When a vacancy occurs in the membership for any reason, including missing three
             4389      consecutive meetings where the member has not been excused by the chair prior to or during
             4390      the meeting, the replacement shall be appointed for the unexpired term.
             4391          (7) A majority of the members constitutes a quorum for the transaction of business.
             4392          (8) (a) The executive director shall select a chair from the committee membership.
             4393          (b) A chair may serve no more than two one-year terms as chair.
             4394          [(9) (a) Members who are not government employees may not receive compensation or
             4395      benefits for their services, but may receive per diem and expenses incurred in the performance
             4396      of the member's official duties at the rates established by the Division of Finance under
             4397      Sections 63A-3-106 and 63A-3-107 .]


             4398          [(b) State government officer and employee members who do not receive salary, per
             4399      diem, or expenses from their agency for their service may receive per diem and expenses
             4400      incurred in the performance of their official duties from the committee at the rates established
             4401      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4402          [(c) Members identified in Subsections (9)(a) and (b) may decline to receive per diem
             4403      and expenses for their service.]
             4404          (9) A member may not receive compensation or benefits for the member's service, but
             4405      may receive per diem and travel expenses in accordance with:
             4406          (a) Section 63A-3-106 ;
             4407          (b) Section 63A-3-107 ; and
             4408          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4409      63A-3-107 .
             4410          Section 78. Section 35A-4-502 is amended to read:
             4411           35A-4-502. Administration of Employment Security Act.
             4412          (1) (a) The department shall administer this chapter through the division.
             4413          (b) The department may make, amend, or rescind any rules and special orders
             4414      necessary for the administration of this chapter.
             4415          (c) The division may:
             4416          (i) employ persons;
             4417          (ii) make expenditures;
             4418          (iii) require reports;
             4419          (iv) make investigations;
             4420          (v) make audits of any or all funds provided for under this chapter when necessary;
             4421      and
             4422          (vi) take any other action it considers necessary or suitable to that end.
             4423          (d) No later than the first day of October of each year, the department shall submit to
             4424      the governor a report covering the administration and operation of this chapter during the
             4425      preceding calendar year and shall make any recommendations for amendments to this chapter


             4426      as the department considers proper.
             4427          (e) (i) The report required under Subsection (1)(d) shall include a balance sheet of the
             4428      moneys in the fund in which there shall be provided, if possible, a reserve against liability in
             4429      future years to pay benefits in excess of the then current contributions, which reserve shall be
             4430      set up by the division in accordance with accepted actuarial principles on the basis of statistics
             4431      of employment, business activity, and other relevant factors for the longest possible period.
             4432          (ii) Whenever the department believes that a change in contribution or benefit rates
             4433      will become necessary to protect the solvency of the fund, it shall promptly inform the
             4434      governor and the Legislature and make appropriate recommendations.
             4435          (2) (a) The department may make, amend, or rescind rules in accordance with Title
             4436      63G, Chapter 3, Utah Administrative Rulemaking Act.
             4437          (b) The director of the division or the director's designee may adopt, amend, or rescind
             4438      special orders after appropriate notice and opportunity to be heard. Special orders become
             4439      effective 10 days after notification or mailing to the last-known address of the individuals or
             4440      concerns affected thereby.
             4441          (3) The director of the division or the director's designee shall cause to be printed for
             4442      distribution to the public:
             4443          (a) the text of this chapter;
             4444          (b) the department's rules pertaining to this chapter;
             4445          (c) the department's annual reports to the governor required by Subsection (1)(e); and
             4446          (d) any other material the director of the division or the director's designee considers
             4447      relevant and suitable and shall furnish them to any person upon application.
             4448          (4) (a) The division may delegate to any person so appointed the power and authority
             4449      it considers reasonable and proper for the effective administration of this chapter and may
             4450      bond any person handling moneys or signing checks under this authority.
             4451          (b) The department may, when permissible under federal and state law, make
             4452      arrangements to voluntarily elect coverage under the United States Civil Service Retirement
             4453      System or a comparable private retirement plan with respect to past as well as future services


             4454      of individuals employed under this chapter who:
             4455          (i) were hired prior to October 1, 1980; and
             4456          (ii) have been retained by the department without significant interruption in the
             4457      employees' services for the department.
             4458          (c) An employee of the department who no longer may participate in a federal or other
             4459      retirement system as a result of a change in status or appropriation under this chapter may
             4460      purchase credit in a retirement system created under Title 49, Chapter 13, Public Employees'
             4461      Noncontributory Retirement Act, with the employee's assets from the federal or other
             4462      retirement system in which the employee may no longer participate.
             4463          (5) There is created an Employment Advisory Council composed of the members
             4464      listed in Subsections (5)(a) and (b).
             4465          (a) The executive director shall appoint:
             4466          (i) not less than five employer representatives chosen from individuals recommended
             4467      by employers, employer associations, or employer groups;
             4468          (ii) not less than five employee representatives chosen from individuals recommended
             4469      by employees, employee associations, or employee groups; and
             4470          (iii) five public representatives chosen at large.
             4471          (b) The executive director or the executive director's designee shall serve as a
             4472      nonvoting member of the council.
             4473          (c) The employee representatives shall include both union and nonunion employees
             4474      who fairly represent the percentage in the labor force of the state.
             4475          (d) Employers and employees shall consider nominating members of groups who
             4476      historically may have been excluded from the council, such as women, minorities, and
             4477      individuals with disabilities.
             4478          (e) (i) Except as required by Subsection (5)(e)(ii), as terms of current council members
             4479      expire, the executive director shall appoint each new member or reappointed member to a
             4480      four-year term.
             4481          (ii) Notwithstanding the requirements of Subsection (5)(e)(i), the executive director


             4482      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             4483      terms of council members are staggered so that approximately half of the council is appointed
             4484      every two years.
             4485          (f) When a vacancy occurs in the membership for any reason, the replacement shall be
             4486      appointed for the unexpired term.
             4487          (g) The executive director shall terminate the term of any council member who ceases
             4488      to be representative as designated by the council member's original appointment.
             4489          (h) The council shall advise the department and the Legislature in formulating policies
             4490      and discussing problems related to the administration of this chapter including:
             4491          (i) reducing and preventing unemployment;
             4492          (ii) encouraging the adoption of practical methods of vocational training, retraining,
             4493      and vocational guidance;
             4494          (iii) monitoring the implementation of the Wagner-Peyser Act;
             4495          (iv) promoting the creation and development of job opportunities and the
             4496      reemployment of unemployed workers throughout the state in every possible way; and
             4497          (v) appraising the industrial potential of the state.
             4498          (i) The council shall assure impartiality and freedom from political influence in the
             4499      solution of the problems listed in Subsection (5)(h).
             4500          (j) The executive director or the executive director's designee shall serve as chair of the
             4501      council and call the necessary meetings.
             4502          [(k) (i) A member shall receive no compensation or benefits for the member's services,
             4503      but may receive per diem and expenses incurred in the performance of the member's official
             4504      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             4505      63A-3-107 .]
             4506          [(ii) A member may decline to receive per diem and expenses for the member's
             4507      service.]
             4508          (k) A member may not receive compensation or benefits for the member's service, but
             4509      may receive per diem and travel expenses in accordance with:


             4510          (i) Section 63A-3-106 ;
             4511          (ii) Section 63A-3-107 ; and
             4512          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4513      63A-3-107 .
             4514          (l) The department shall provide staff support to the council.
             4515          (6) In the discharge of the duties imposed by this chapter, the division director or the
             4516      director's designee as designated by department rule, may in connection with a disputed matter
             4517      or the administration of this chapter:
             4518          (a) administer oaths and affirmations;
             4519          (b) take depositions;
             4520          (c) certify to official acts; and
             4521          (d) issue subpoenas to compel the attendance of witnesses and the production of
             4522      books, papers, correspondence, memoranda, and other records necessary as evidence.
             4523          (7) (a) In case of contumacy by or refusal to obey a subpoena issued to any person,
             4524      any court of this state within the jurisdiction of which the inquiry is carried on or within the
             4525      jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or
             4526      transacts business, upon application by the director of the division or the director's designee
             4527      shall have jurisdiction to issue to that person an order requiring the person to appear before the
             4528      director or the director's designee to produce evidence, if so ordered, or give testimony
             4529      regarding the matter under investigation or in question. Any failure to obey that order of the
             4530      court may be punished by the court as contempt.
             4531          (b) Any person who, without just cause, fails or refuses to attend and testify or to
             4532      answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other
             4533      records, if it is in that person's power to do so, in obedience to a subpoena of the director or
             4534      the director's designee shall be punished as provided in Subsection 35A-1-301 (1)(b). Each
             4535      day the violation continues is a separate offense.
             4536          (c) In the event a witness asserts a privilege against self-incrimination, testimony and
             4537      evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of


             4538      Immunity.
             4539          (8) (a) In the administration of this chapter, the division shall cooperate with the
             4540      United States Department of Labor to the fullest extent consistent with the provisions of this
             4541      chapter and shall take action, through the adoption of appropriate rules by the department and
             4542      administrative methods and standards, as necessary to secure to this state and its citizens all
             4543      advantages available under the provisions of:
             4544          (i) the Social Security Act that relate to unemployment compensation;
             4545          (ii) the Federal Unemployment Tax Act; and
             4546          (iii) the Federal-State Extended Unemployment Compensation Act of 1970.
             4547          (b) In the administration of Section 35A-4-402 , which is enacted to conform with the
             4548      requirements of the Federal-State Extended Unemployment Compensation Act of 1970, 26
             4549      U.S.C. 3304, the division shall take any action necessary to ensure that the section is
             4550      interpreted and applied to meet the requirements of the federal act, as interpreted by the United
             4551      States Department of Labor and to secure to this state the full reimbursement of the federal
             4552      share of extended and regular benefits paid under this chapter that are reimbursable under the
             4553      federal act.
             4554          Section 79. Section 36-2-4 is amended to read:
             4555           36-2-4. Legislative Compensation Commission created -- Governor's
             4556      considerations in appointments -- Organization and expenses.
             4557          (1) There is created a state Legislative Compensation Commission composed of seven
             4558      members appointed by the governor, not more than four of whom shall be from the same
             4559      political party.
             4560          (2) (a) Except as required by Subsection (2)(b), the members shall be appointed for
             4561      four-year terms.
             4562          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             4563      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4564      board members are staggered so that approximately half of the board is appointed every two
             4565      years.


             4566          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             4567      appointed for the unexpired term in the same manner as the vacated member was chosen.
             4568          (3) In appointing members of the commission, the governor shall give consideration to
             4569      achieving representation from the major geographic areas of the state, and representation from
             4570      a broad cross section of occupational, professional, employee, and management interests.
             4571          (4) The commission shall select a chair. Four members of the commission shall
             4572      constitute a quorum. The commission shall not make any final determination without the
             4573      concurrence of a majority of its members appointed and serving on the commission being
             4574      present.
             4575          [(5) (a) Members shall receive no compensation or benefits for their services, but may
             4576      receive per diem and expenses incurred in the performance of the member's official duties at
             4577      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4578          [(b) Members may decline to receive per diem and expenses for their service.]
             4579          (5) A member may not receive compensation or benefits for the member's service, but
             4580      may receive per diem and travel expenses in accordance with:
             4581          (a) Section 63A-3-106 ;
             4582          (b) Section 63A-3-107 ; and
             4583          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4584      63A-3-107 .
             4585          (6) (a) The commission shall be a citizen commission and no member or employee of
             4586      the legislative, judicial, or executive branch is eligible for appointment to the commission.
             4587          (b) The director of the Governor's Office of Planning and Budget:
             4588          (i) shall provide staff to the commission; and
             4589          (ii) is responsible for administration, budgeting, procurement, and related management
             4590      functions for the commission.
             4591          Section 80. Section 36-23-104 is amended to read:
             4592           36-23-104. Committee meetings -- Compensation -- Quorum -- Legislative rules.
             4593          (1) The committee may meet as needed, at the call of the committee chairs, to carry


             4594      out the duties set forth in Section 36-23-106 .
             4595          [(2) (a) A legislator on the committee shall receive compensation and expenses as
             4596      provided by law and legislative rule.]
             4597          [(b) (i) A public member on the committee may not receive compensation or benefits
             4598      for the public member's service, but may receive per diem and expenses incurred in the
             4599      performance of the public member's official duties at the rates established by the Division of
             4600      Finance under Sections 63A-3-106 and 63A-3-107 .]
             4601          [(ii) A public member may decline to receive per diem and expenses for the public
             4602      member's service.]
             4603          (2) A public member may not receive compensation or benefits for the member's
             4604      service, but may receive per diem and travel expenses in accordance with:
             4605          (a) Section 63A-3-106 ;
             4606          (b) Section 63A-3-107 ; and
             4607          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4608      63A-3-107 .
             4609          (3) (a) Five members of the committee constitute a quorum.
             4610          (b) If a quorum is present, the action of a majority of members present is the action of
             4611      the committee.
             4612          (4) Except as provided in Subsection (3), in conducting all its business, the committee
             4613      shall comply with the rules of legislative interim committees regarding motions.
             4614          Section 81. Section 36-26-102 is amended to read:
             4615           36-26-102. Utah International Trade Commission -- Creation -- Membership --
             4616      Chairs -- Per diem and expenses.
             4617          (1) There is created the Utah International Trade Commission.
             4618          (2) The commission membership consists of 11 members:
             4619          (a) eight members to be appointed as follows:
             4620          (i) five members from the House of Representatives, appointed by the speaker of the
             4621      House of Representatives, no more than three from the same political party; and


             4622          (ii) three members from the Senate, appointed by the president of the Senate, no more
             4623      than two members from the same political party;
             4624          (b) two nonvoting members to be appointed by the governor; and
             4625          (c) the Utah Attorney General or designee, who is a nonvoting member.
             4626          (3) (a) The members appointed or reappointed by the governor shall serve two-year
             4627      terms.
             4628          (b) Notwithstanding the requirement of Subsection (3)(a), the governor shall, at the
             4629      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4630      these members are staggered so that approximately half of the members are appointed or
             4631      reappointed under Subsection (3)(c) every two years.
             4632          (c) When a vacancy occurs among members appointed by the governor, the
             4633      replacement shall be appointed for the unexpired term.
             4634          (d) One of the two members appointed by the governor shall be from a Utah industry
             4635      involved in international trade.
             4636          (4) Four members of the commission constitute a quorum.
             4637          (5) (a) The speaker of the House of Representatives shall designate a member of the
             4638      House of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
             4639          (b) The president of the Senate shall designate a member of the Senate appointed
             4640      under Subsection (2)(a) as a cochair of the commission.
             4641          [(6) (a) State government officer and employee members who do not receive salary,
             4642      per diem, or expenses from their agency for their commission service may receive per diem
             4643      and expenses at the rates incurred in the performance of their official commission duties at the
             4644      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4645          [(b) Legislators on the commission receive compensation and expenses as provided by
             4646      law and legislative rule.]
             4647          (6) A member may not receive compensation or benefits for the member's service, but
             4648      may receive per diem and travel expenses in accordance with:
             4649          (a) Section 63A-3-106 ;


             4650          (b) Section 63A-3-107 ; and
             4651          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4652      63A-3-107 .
             4653          Section 82. Section 39-2-1 is amended to read:
             4654           39-2-1. Members -- A body corporate -- Powers -- Expenses.
             4655          (1) (a) The State Armory Board shall consist of the governor, the chair of the State
             4656      Building Board, and the adjutant general.
             4657          (b) It shall be a body corporate with perpetual succession.
             4658          (c) It may have and use a common seal, and under the name aforesaid may sue and be
             4659      sued, and contract and be contracted with.
             4660          (d) It may take and hold by purchase, gift, devise, grant, or bequest real and personal
             4661      property required for its use.
             4662          (e) It may also convert property received by gift, devise, or bequest, and not suitable
             4663      for its uses, into other property so available, or into money.
             4664          (2) The board shall have power to:
             4665          (a) borrow money for the purpose of erecting arsenals and armories upon the sole
             4666      credit of the real property to which it has the legal title; and
             4667          (b) may secure such loans by mortgage upon such property:
             4668          (i) the mortgaged property shall be the sole security for such loan; and
             4669          (ii) no deficiency judgment shall be made, rendered, or entered against the board upon
             4670      the foreclosure of the mortgage; provided, however, that property in one city shall not be
             4671      mortgaged for the purpose of obtaining money for the erection of armories in any other place.
             4672      Said board shall be deemed a public corporation, and its property shall be exempt from all
             4673      taxes and assessments.
             4674          [(3) (a) State government officer and employee members who do not receive salary,
             4675      per diem, or expenses from their agency for their service may receive per diem and expenses
             4676      incurred in the performance of their official duties from the board at the rates established by
             4677      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             4678          [(b) State government officer and employee members may decline to receive per diem
             4679      and expenses for their service.]
             4680          (3) A member may not receive compensation or benefits for the member's service, but
             4681      may receive per diem and travel expenses in accordance with:
             4682          (a) Section 63A-3-106 ;
             4683          (b) Section 63A-3-107 ; and
             4684          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4685      63A-3-107 .
             4686          Section 83. Section 40-2-203 is amended to read:
             4687           40-2-203. Mine Safety Technical Advisory Council created -- Duties.
             4688          (1) Within the office there is created the "Mine Safety Technical Advisory Council"
             4689      consisting of 13 voting members and 5 nonvoting members as provided in this section.
             4690          (2) (a) The commissioner shall appoint the voting members of the council as follows:
             4691          (i) one individual who represents a coal miner union;
             4692          (ii) two individuals with coal mining experience;
             4693          (iii) two individuals who represent coal mine operators;
             4694          (iv) one individual who represents an industry trade association;
             4695          (v) two individuals from local law enforcement agencies or emergency medical service
             4696      providers;
             4697          (vi) three individuals who have expertise in one or more of the following:
             4698          (A) seismology;
             4699          (B) mining engineering;
             4700          (C) mine safety; or
             4701          (D) another related subject; and
             4702          (vii) two individuals from entities that provide mine safety training.
             4703          (b) The nonvoting members of the council are:
             4704          (i) the commissioner or the commissioner's designee;
             4705          (ii) the executive director of the Department of Natural Resources or the executive


             4706      director's designee;
             4707          (iii) the commissioner of the Department of Public Safety or the commissioner's
             4708      designee;
             4709          (iv) a representative of the Mine Safety and Health Administration selected by the
             4710      Mine Safety and Health Administration; and
             4711          (v) a representative of the federal Bureau of Land Management selected by the federal
             4712      Bureau of Land Management.
             4713          (3) (a) Except as required by Subsection (3)(b), a voting member shall serve a
             4714      four-year term beginning July 1 and ending June 30.
             4715          (b) Notwithstanding the requirements of Subsection (3)(a), the commission shall, at
             4716      the time of appointment of the initial voting members of the council, adjust the length of terms
             4717      of the voting members to ensure that the terms of voting members are staggered so that
             4718      approximately half of the voting members are appointed every two years.
             4719          (4) (a) The commissioner shall terminate the term of a voting member who ceases to
             4720      be representative as designated by the voting member's original appointment.
             4721          (b) If a vacancy occurs in the voting members, the commissioner shall appoint a
             4722      replacement for the unexpired term after soliciting recommendations from the council
             4723      members.
             4724          (5) (a) The council shall meet at least quarterly.
             4725          (b) A majority of the voting members constitutes a quorum.
             4726          (c) A vote of the majority of the members of the council when a quorum is present
             4727      constitutes an action of the council.
             4728          (6) (a) The commissioner or the commissioner's designee is the chair of the council.
             4729          (b) The commission shall staff the council.
             4730          [(7) (a) (i) A member who is not a state or local government employee may not receive
             4731      compensation or benefits for the member's service, but may receive per diem and expenses
             4732      incurred in the performance of the member's official duties at the rates established by the
             4733      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             4734          [(ii) A member who is not a state or local government employee may decline to receive
             4735      per diem and expenses for the member's service.]
             4736          [(b) (i) A state government officer and employee member who does not receive salary,
             4737      per diem, or expenses from the agency the member represents for the member's service may
             4738      receive per diem and expenses incurred in the performance of the member's official duties at
             4739      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4740          [(ii) A state government officer and employee member may decline to receive per
             4741      diem and expenses for the member's service.]
             4742          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             4743      from the entity that the member represents for the member's service may receive per diem and
             4744      expenses incurred in the performance of the member's official duties at the rates established by
             4745      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4746          [(ii) A local government member may decline to receive per diem and expenses for the
             4747      member's service.]
             4748          (7) A member may not receive compensation or benefits for the member's service, but
             4749      may receive per diem and travel expenses in accordance with:
             4750          (a) Section 63A-3-106 ;
             4751          (b) Section 63A-3-107 ; and
             4752          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4753      63A-3-107 .
             4754          (8) The council shall advise and make recommendations to the commission, the office,
             4755      and the Legislature regarding:
             4756          (a) safety of coal mines located in Utah;
             4757          (b) prevention of coal mine accidents;
             4758          (c) effective coal mine emergency response;
             4759          (d) coal miner certification and recertification; and
             4760          (e) other topics reasonably related to safety of coal mines located in Utah.
             4761          Section 84. Section 40-2-204 is amended to read:


             4762           40-2-204. Coal Miner Certification Panel created -- Duties.
             4763          (1) There is created within the office the "Coal Miner Certification Panel."
             4764          (2) The panel consists of:
             4765          (a) the commissioner or the commissioner's designee; and
             4766          (b) at least eight other members appointed by the commissioner with equal
             4767      representation and participation from:
             4768          (i) management of coal mine operations; and
             4769          (ii) hourly coal mining employees.
             4770          (3) A member appointed by the commissioner shall:
             4771          (a) have at least five years' experience in coal mining in this state;
             4772          (b) administer the certification test to an applicant referred to in Section 40-2-402 ;
             4773          (c) consult with the commission about applicant qualifications specified in Section
             4774      40-2-402 ;
             4775          (d) meet when directed by the commissioner or the commissioner's designee; and
             4776          (e) hold office at the pleasure of the commissioner.
             4777          [(4) A panel member who is not a government employee may not receive
             4778      compensation or benefits for the member's services, but may receive per diem and expenses
             4779      incurred in the performance of the member's official duties at the rates established by the
             4780      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4781          (4) A member may not receive compensation or benefits for the member's service, but
             4782      may receive per diem and travel expenses in accordance with:
             4783          (a) Section 63A-3-106 ;
             4784          (b) Section 63A-3-107 ; and
             4785          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4786      63A-3-107 .
             4787          Section 85. Section 40-6-4 is amended to read:
             4788           40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
             4789      members -- Terms -- Chair -- Quorum -- Expenses.


             4790          (1) There is created within the Department of Natural Resources the Board of Oil, Gas,
             4791      and Mining. The board shall be the policy making body for the Division of Oil, Gas, and
             4792      Mining.
             4793          (2) The board shall consist of seven members appointed by the governor with the
             4794      consent of the Senate. No more than four members shall be from the same political party. In
             4795      addition to the requirements of Section 79-2-203 , the members shall have the following
             4796      qualifications:
             4797          (a) two members knowledgeable in mining matters;
             4798          (b) two members knowledgeable in oil and gas matters;
             4799          (c) one member knowledgeable in ecological and environmental matters;
             4800          (d) one member who is a private land owner, owns a mineral or royalty interest and is
             4801      knowledgeable in those interests; and
             4802          (e) one member who is knowledgeable in geological matters.
             4803          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             4804      expire, the governor shall appoint each new member or reappointed member to a four-year
             4805      term.
             4806          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             4807      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4808      board members are staggered so that approximately half of the board is appointed every two
             4809      years.
             4810          (4) (a) When a vacancy occurs in the membership for any reason, the replacement
             4811      shall be appointed for the unexpired term by the governor with the consent of the Senate.
             4812          (b) The person appointed shall have the same qualifications as his predecessor.
             4813          (5) The board shall appoint its chair from the membership. Four members of the
             4814      board shall constitute a quorum for the transaction of business and the holding of hearings.
             4815          [(6) (a) (i) Members who are not government employees shall receive no
             4816      compensation or benefits for their services, but may receive per diem and expenses incurred in
             4817      the performance of the member's official duties at the rates established by the Division of


             4818      Finance under Sections 63A-3-106 and 63A-3-107 .]
             4819          [(ii) Members may decline to receive per diem and expenses for their service.]
             4820          [(b) (i) State government officer and employee members who do not receive salary, per
             4821      diem, or expenses from their agency for their service may receive per diem and expenses
             4822      incurred in the performance of their official duties from the board at the rates established by
             4823      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4824          [(ii) State government officer and employee members may decline to receive per diem
             4825      and expenses for their service.]
             4826          (6) A member may not receive compensation or benefits for the member's service, but
             4827      may receive per diem and travel expenses in accordance with:
             4828          (a) Section 63A-3-106 ;
             4829          (b) Section 63A-3-107 ; and
             4830          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4831      63A-3-107 .
             4832          Section 86. Section 41-3-106 is amended to read:
             4833           41-3-106. Board -- Creation and composition -- Appointment, terms,
             4834      compensation, and expenses of members -- Meetings -- Quorum -- Powers and duties --
             4835      Officers' election and duties -- Voting.
             4836          (1) (a) There is created an advisory board of five members that shall assist and advise
             4837      the administrator in the administration and enforcement of this chapter.
             4838          (b) The members shall be appointed by the governor from among the licensed motor
             4839      vehicle manufacturers, distributors, factory branch and distributor branch representatives,
             4840      dealers, dismantlers, transporters, remanufacturers, and body shops.
             4841          (c) (i) Except as required by Subsection (1)(c)(ii), each member shall be appointed for
             4842      a term of four years or until his successor is appointed and qualified.
             4843          (ii) Notwithstanding the requirements of Subsection (1)(c)(i), the governor shall, at the
             4844      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4845      board members are staggered so that approximately half of the board is appointed every two


             4846      years.
             4847          (d) Three members of the board shall be selected as follows:
             4848          (i) one from new motor vehicle dealers;
             4849          (ii) one from used motor vehicle dealers; and
             4850          (iii) one from manufacturers, transporters, dismantlers, crushers, remanufacturers, and
             4851      body shops.
             4852          [(e) (i) Members shall receive no compensation or benefits for their services, but may
             4853      receive per diem and expenses incurred in the performance of the member's official duties at
             4854      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             4855          [(ii) Members may decline to receive per diem and expenses for their service.]
             4856          (e) A member may not receive compensation or benefits for the member's service, but
             4857      may receive per diem and travel expenses in accordance with:
             4858          (i) Section 63A-3-106 ;
             4859          (ii) Section 63A-3-107 ; and
             4860          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4861      63A-3-107 .
             4862          (f) A majority of the members of the board constitutes a quorum and may act upon
             4863      and resolve in the name of the board any matter, thing, or question referred to it by the
             4864      administrator, or that the board has power to determine.
             4865          (g) When a vacancy occurs in the membership for any reason, the replacement shall be
             4866      appointed for the unexpired term.
             4867          (2) (a) The board shall on the first day of each July, or as soon thereafter as
             4868      practicable, elect a chair, vice chair, secretary, and assistant secretary from among its
             4869      members, who shall each hold office until his successor is elected.
             4870          (b) As soon as the board elects its officers, the elected secretary shall certify the results
             4871      of the election to the administrator.
             4872          (c) The chair shall preside at all meetings of the board and the secretary shall make a
             4873      record of the proceedings, which shall be preserved in the office of the administrator.


             4874          (d) If the chair is absent from any meeting of the board, his duties shall be discharged
             4875      by the vice chair, and if the secretary is absent, his duties shall be discharged by the assistant
             4876      secretary.
             4877          (e) All members of the board may vote on any question, matter, or thing that properly
             4878      comes before it.
             4879          Section 87. Section 49-11-202 is amended to read:
             4880           49-11-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
             4881      Officers -- Expenses and per diem -- Membership Council established.
             4882          (1) There is established the Utah State Retirement Board composed of seven board
             4883      members determined as follows:
             4884          (a) Four board members, with experience in investments or banking, shall be
             4885      appointed by the governor from the general public.
             4886          (b) One board member shall be a school employee appointed by the governor from at
             4887      least three nominations submitted by the governing board of the school employees' association
             4888      that is representative of a majority of the school employees who are members of a system
             4889      administered by the board.
             4890          (c) One board member shall be a public employee appointed by the governor from at
             4891      least three nominations submitted by the governing board of the public employee association
             4892      that is representative of a majority of the public employees who are members of a system
             4893      administered by the board.
             4894          (d) One board member shall be the state treasurer.
             4895          (2) Four board members constitute a quorum for the transaction of business.
             4896          (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the
             4897      consent of the Senate.
             4898          (b) Board members shall serve until their successors are appointed and take the
             4899      constitutional oath of office.
             4900          (c) When a vacancy occurs on the board for any reason, the replacement shall be
             4901      appointed for the unexpired term.


             4902          (4) (a) Except as required by Subsection (4)(b), all appointed board members shall
             4903      serve for four-year terms.
             4904          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             4905      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             4906      board members are staggered so that approximately half of the board is appointed every two
             4907      years.
             4908          (c) A board member who is appointed as a school employee or as a public employee
             4909      who retires or who is no longer employed with a participating employer shall immediately
             4910      resign from the board.
             4911          (5) (a) Each year the board shall elect a president and vice president from its
             4912      membership.
             4913          [(b) Each board member shall receive a per diem plus expenses for attending regularly
             4914      constituted meetings and conferences as provided by board action.]
             4915          (b) A board member may not receive compensation or benefits for the board member's
             4916      service, but may receive per diem and travel expenses in accordance with:
             4917          (i) Section 63A-3-106 ;
             4918          (ii) Section 63A-3-107 ; and
             4919          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             4920      63A-3-107 .
             4921          (6) (a) There is established a Membership Council to perform the duties under
             4922      Subsection (10).
             4923          [(b) The board may pay the travel expenses of council members who attend council
             4924      meetings.]
             4925          (b) A member of the council may not receive compensation or benefits for the
             4926      member's service, but may receive per diem and travel expenses in accordance with:
             4927          (i) Section 63A-3-106 ;
             4928          (ii) Section 63A-3-107 ; and
             4929          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             4930      63A-3-107 .
             4931          (7) The Membership Council shall be composed of 13 council members selected as
             4932      follows:
             4933          (a) Three council members shall be school employees selected by the governing board
             4934      of an association representative of a majority of school employees who are members of a
             4935      system administered by the board.
             4936          (b) One council member shall be a classified school employee selected by the
             4937      governing board of the association representative of a majority of classified school employees
             4938      who are members of a system administered by the board.
             4939          (c) Two council members shall be public employees selected by the governing board
             4940      of the association representative of a majority of the public employees who are members of a
             4941      system administered by the board.
             4942          (d) One council member shall be a municipal officer or employee selected by the
             4943      governing board of the association representative of a majority of the municipalities who
             4944      participate in a system administered by the board.
             4945          (e) One council member shall be a county officer or employee selected by the
             4946      governing board of the association representative of a majority of counties who participate in a
             4947      system administered by the board.
             4948          (f) One council member shall be a representative of members of the Judges'
             4949      Noncontributory Retirement System selected by the Judicial Council.
             4950          (g) One council member shall be a representative of members of the Public Safety
             4951      Retirement Systems selected by the governing board of the association representative of the
             4952      majority of peace officers who are members of the Public Safety Retirement Systems.
             4953          (h) One council member shall be a representative of members of the Firefighters'
             4954      Retirement System selected by the governing board of the association representative of the
             4955      majority of paid professional firefighters who are members of the Firefighters' Retirement
             4956      System.
             4957          (i) One council member shall be a retiree selected by the governing board of the


             4958      association representing the largest number of retirees, who are not public education retirees,
             4959      from the Public Employees' Contributory and Public Employees' Noncontributory Retirement
             4960      Systems.
             4961          (j) One council member shall be a retiree selected by the governing board of the
             4962      association representing the largest number of public education retirees.
             4963          (8) (a) Each entity granted authority to select council members under Subsection (7)
             4964      may also revoke the selection at any time.
             4965          (b) Each term on the council shall be for a period of four years, subject to Subsection
             4966      (8)(a).
             4967          (c) Each term begins on July 1 and expires on June 30.
             4968          (d) When a vacancy occurs on the council for any reason, the replacement shall be
             4969      selected for the remainder of the unexpired term.
             4970          (9) The council shall annually designate one council member as chair.
             4971          (10) The council shall:
             4972          (a) recommend to the board and to the Legislature benefits and policies for members
             4973      of any system or plan administered by the board;
             4974          (b) recommend procedures and practices to improve the administration of the systems
             4975      and plans and the public employee relations responsibilities of the board and office;
             4976          (c) examine the record of all decisions affecting retirement benefits made by a hearing
             4977      officer under Section 49-11-613 ;
             4978          (d) submit nominations to the board for the position of executive director if that
             4979      position is vacant;
             4980          (e) advise and counsel with the board and the director on policies affecting members
             4981      of the various systems administered by the office; and
             4982          (f) perform other duties assigned to it by the board.
             4983          Section 88. Section 51-7-16 is amended to read:
             4984           51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
             4985      Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure


             4986      of interests -- Per diem and expenses.
             4987          (1) (a) There is created a State Money Management Council composed of five
             4988      members appointed by the governor after consultation with the state treasurer and with the
             4989      consent of the Senate.
             4990          (b) The members of the council shall be qualified by training and experience in the
             4991      field of investment or finance as follows:
             4992          (i) at least one member, but not more than two members, shall be experienced in the
             4993      banking business;
             4994          (ii) at least one member, but not more than two members, shall be an elected treasurer;
             4995          (iii) at least one member, but not more than two members, shall be an appointed
             4996      public treasurer; and
             4997          (iv) two members, but not more than two members, shall be experienced in the field of
             4998      investment.
             4999          (c) No more than three members of the council may be from the same political party.
             5000          (2) (a) Except as required by Subsection (2)(b), the council members shall be
             5001      appointed for terms of four years.
             5002          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             5003      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5004      council members are staggered so that approximately half of the council is appointed every
             5005      two years.
             5006          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             5007      appointed for the unexpired term.
             5008          (d) All members shall serve until their successors are appointed and qualified.
             5009          (3) (a) The council members shall elect a chair and vice chair.
             5010          (b) The state treasurer shall serve as executive secretary of the council without vote.
             5011          (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
             5012      the council and at other times at the call of the chair, the state treasurer, or any two members
             5013      of the council.


             5014          (b) Three members are a quorum for the transaction of business.
             5015          (c) Actions of the council require a vote of a majority of those present.
             5016          (d) All meetings of the council and records of its proceedings are open for inspection
             5017      by the public at the state treasurer's office during regular business hours except for:
             5018          (i) reports of the commissioner of financial institutions concerning the identity,
             5019      liquidity, or financial condition of qualified depositories and the amount of public funds each
             5020      is eligible to hold; and
             5021          (ii) reports of the director concerning the identity, liquidity, or financial condition of
             5022      certified dealers.
             5023          (5) (a) Each member of the council shall file a sworn or written statement with the
             5024      lieutenant governor that discloses any position or employment or ownership interest that he
             5025      has in any financial institution or investment organization.
             5026          (b) Each member shall file the statement required by this Subsection (5) when he
             5027      becomes a member of the council and when substantial changes in his position, employment,
             5028      or ownership interests occur.
             5029          [(6) (a) (i) Members who are not government employees shall receive no
             5030      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5031      the performance of the member's official duties at the rates established by the Division of
             5032      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5033          [(ii) Members may decline to receive per diem and expenses for their service.]
             5034          [(b) (i) State government officer and employee members who do not receive salary, per
             5035      diem, or expenses from their agency for their service may receive per diem and expenses
             5036      incurred in the performance of their official duties from the council at the rates established by
             5037      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5038          [(ii) State government officer and employee members may decline to receive per diem
             5039      and expenses for their service.]
             5040          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             5041      from the entity that they represent for their service may receive per diem and expenses


             5042      incurred in the performance of their official duties at the rates established by the Division of
             5043      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5044          [(ii) Local government members may decline to receive per diem and expenses for
             5045      their service.]
             5046          (6) A member may not receive compensation or benefits for the member's service, but
             5047      may receive per diem and travel expenses in accordance with:
             5048          (a) Section 63A-3-106 ;
             5049          (b) Section 63A-3-107 ; and
             5050          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5051      63A-3-107 .
             5052          Section 89. Section 51-7a-301 is amended to read:
             5053           51-7a-301. Investment advisory committee -- Creation.
             5054          (1) (a) There is created an investment advisory committee of seven members
             5055      appointed as follows:
             5056          (i) one member appointed by the president of the University of Utah;
             5057          (ii) one member appointed by the president of Utah State University;
             5058          (iii) two members appointed by the state superintendent of public instruction;
             5059          (iv) one member appointed by the president of the Utah Education Association;
             5060          (v) one member appointed by the president of the Utah Parent Teachers Association;
             5061      and
             5062          (vi) one member appointed by the Board of Trustees of the School and Institutional
             5063      Trust Lands Administration.
             5064          (b) In making appointments, the appointing authority shall appoint candidates with
             5065      experience in securities, investments, or banking, or other experience that would aid the
             5066      committee in fulfilling its responsibilities.
             5067          (2) (a) (i) Except as required by Subsection (2)(a)(ii), as terms of current committee
             5068      members expire, the appointing authority shall appoint each new member or reappointed
             5069      member to a four-year term.


             5070          (ii) The appointing authority shall, at the time of appointment or reappointment, adjust
             5071      the length of terms to ensure that the terms of committee members are staggered so that
             5072      approximately half of the committee is appointed every two years.
             5073          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             5074      appointed for the unexpired term.
             5075          (3) The investment advisory committee shall meet at least quarterly.
             5076          (4) The investment advisory committee shall elect a chair and vice chair.
             5077          (5) (a) A committee member shall disclose any conflict of interest to the board.
             5078          (b) If the conflict involves a direct, personal financial interest in either the subject
             5079      under consideration or an entity or asset that could be substantially affected by the outcome of
             5080      committee advice, the member may not vote on the matter.
             5081          [(6) (a) (i) Members who are not government employees shall receive no
             5082      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5083      the performance of the member's official duties at the rates established by the Division of
             5084      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5085          [(ii) Members may decline to receive per diem and expenses for their service.]
             5086          [(b) (i) State government officer and employee members who do not receive salary, per
             5087      diem, or expenses from their agency for their service may receive per diem and expenses
             5088      incurred in the performance of their official duties from the committee at the rates established
             5089      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5090          [(ii) A state government member who is a member because of his state government
             5091      position may not receive per diem or expenses for his service.]
             5092          [(iii) State government officer and employee members may decline to receive per diem
             5093      and expenses for their service.]
             5094          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             5095      from the entity that they represent for their service may receive per diem and expenses
             5096      incurred in the performance of their official duties at the rates established by the Division of
             5097      Finance under Sections 63A-3-106 and 63A-3-107 .]


             5098          [(ii) Local government members may decline to receive per diem and expenses for
             5099      their service.]
             5100          (6) A member may not receive compensation or benefits for the member's service, but
             5101      may receive per diem and travel expenses in accordance with:
             5102          (a) Section 63A-3-106 ;
             5103          (b) Section 63A-3-107 ; and
             5104          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5105      63A-3-107 .
             5106          Section 90. Section 53-2-108 is amended to read:
             5107           53-2-108. Search and Rescue Advisory Board -- Members -- Compensation.
             5108          (1) There is created the Search and Rescue Advisory Board consisting of seven
             5109      members appointed as follows:
             5110          (a) two representatives designated by the Utah Search and Rescue Association, one of
             5111      whom is from a county having a population of 75,000 or more; and one from a county having
             5112      a population of less than 75,000;
             5113          (b) three representatives designated by the Utah Sheriff's Association, at least one of
             5114      whom shall be a member of a voluntary search and rescue unit operating in the state, at least
             5115      one of whom shall be from a county having a population of 75,000 or more, and at least one of
             5116      whom shall be from a county having a population of less than 75,000;
             5117          (c) one representative of the Division of Homeland Security designated by the
             5118      director; and
             5119          (d) one private citizen appointed by the governor with the consent of the Senate.
             5120          (2) (a) The term of each member of the board is four years.
             5121          (b) A member may be reappointed to successive terms.
             5122          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             5123      appointed for the unexpired term.
             5124          (d) In order to stagger the terms of membership, the members appointed or
             5125      reappointed to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a


             5126      term of two years, and all subsequent terms shall be four years.
             5127          [(3) Members who are not government employees do not receive compensation or
             5128      benefits for their services, but may receive per diem and travel expenses incurred in the
             5129      performance of the member's official duties at the rates established by the Division of Finance
             5130      under Sections 63A-3-106 and 63A-3-107 .]
             5131          (3) A member may not receive compensation or benefits for the member's service, but
             5132      may receive per diem and travel expenses in accordance with:
             5133          (a) Section 63A-3-106 ;
             5134          (b) Section 63A-3-107 ; and
             5135          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5136      63A-3-107 .
             5137          Section 91. Section 53-3-303 is amended to read:
             5138           53-3-303. Driver License Medical Advisory Board -- Membership -- Guidelines
             5139      for licensing impaired persons -- Recommendations to division.
             5140          (1) There is created within the division the Driver License Medical Advisory Board.
             5141          (2) (a) The board is comprised of three regular members appointed by the
             5142      Commissioner of Public Safety to four-year terms.
             5143          (b) The board shall be assisted by expert panel members nominated by the board as
             5144      necessary and as approved by the Commissioner of Public Safety.
             5145          (c) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
             5146      at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             5147      of board members are staggered so that approximately half of the board is appointed every two
             5148      years.
             5149          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             5150      appointed for the unexpired term.
             5151          (e) The expert panel members shall recommend medical standards in the areas of the
             5152      panel members' special competence for determining the physical, mental, and emotional
             5153      capabilities of applicants for licenses and licensees.


             5154          (3) In reviewing individual cases, a panel acting with the authority of the board
             5155      consists of at least two members, of which at least one is a regular board member.
             5156          (4) The director of the division or his designee serves as secretary to the board and its
             5157      panels.
             5158          (5) Members of the board and expert panel members nominated by them shall be
             5159      health care professionals.
             5160          [(6) (a) (i) Members who are not government employees shall receive no
             5161      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5162      the performance of the member's official duties at the rates established by the Division of
             5163      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5164          [(ii) Members may decline to receive per diem and expenses for their service.]
             5165          [(b) (i) State government officer and employee members who do not receive salary, per
             5166      diem, or expenses from their agency for their service may receive per diem and expenses
             5167      incurred in the performance of their official duties from the board at the rates established by
             5168      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5169          [(ii) State government officer and employee members may decline to receive per diem
             5170      and expenses for their service.]
             5171          (6) A member may not receive compensation or benefits for the member's service, but
             5172      may receive per diem and travel expenses in accordance with:
             5173          (a) Section 63A-3-106 ;
             5174          (b) Section 63A-3-107 ; and
             5175          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5176      63A-3-107 .
             5177          (7) The board shall meet from time to time when called by the director of the division.
             5178          (8) (a) The board shall recommend guidelines and standards for determining the
             5179      physical, mental, and emotional capabilities of applicants for licenses and for licensees.
             5180          (b) The guidelines and standards are applicable to all Utah licensees and for all
             5181      individuals who hold learner permits and are participating in driving activities in all forms of


             5182      driver education.
             5183          (c) The guidelines and standards shall be published by the division.
             5184          (9) If the division has reason to believe that an applicant or licensee is an impaired
             5185      person, it may:
             5186          (a) act upon the matter based upon the published guidelines and standards; or
             5187          (b) convene a panel to consider the matter and submit findings and a recommendation;
             5188      the division shall consider the recommendation along with other evidence in determining
             5189      whether a license should be suspended, revoked, denied, disqualified, canceled, or restricted.
             5190          (10) (a) If the division has acted under Subsection (9) to suspend, revoke, deny,
             5191      disqualify, cancel, or restrict the driving privilege without the convening of a panel, the
             5192      affected applicant or licensee may within 10 days of receiving notice of the action request in a
             5193      manner prescribed by the division a review of the division's action by a panel.
             5194          (b) The panel shall review the matters and make written findings and conclusions.
             5195          (c) The division shall affirm or modify its previous action.
             5196          (11) (a) Actions of the division are subject to judicial review as provided in this part.
             5197          (b) The guidelines, standards, findings, conclusions, and recommendations of the
             5198      board or of a panel are admissible as evidence in any judicial review.
             5199          (12) Members of the board and its panels incur no liability for recommendations,
             5200      findings, conclusions, or for other acts performed in good faith and incidental to membership
             5201      on the board or a panel.
             5202          (13) The division shall provide forms for the use of health care professionals in
             5203      depicting the medical history of any physical, mental, or emotional impairment affecting the
             5204      applicant's or licensee's ability to drive a motor vehicle.
             5205          (14) (a) (i) Individuals who apply for or hold a license and have, or develop, or suspect
             5206      that they have developed a physical, mental, or emotional impairment that may affect driving
             5207      safety are responsible for reporting this to the division or its agent.
             5208          (ii) If there is uncertainty, the individual is expected to seek competent medical
             5209      evaluation and advice as to the significance of the impairment as it relates to driving safety,


             5210      and to refrain from driving until a clarification is made.
             5211          (b) Health care professionals who care for patients with physical, mental, or emotional
             5212      impairments that may affect their driving safety, whether defined by published guidelines and
             5213      standards or not, are responsible for making available to their patients without reservation their
             5214      recommendations and appropriate information related to driving safety and responsibilities.
             5215          (c) A health care professional or other person who becomes aware of a physical,
             5216      mental, or emotional impairment that appears to present an imminent threat to driving safety
             5217      and reports this information to the division in good faith has immunity from any damages
             5218      claimed as a result of making the report.
             5219          Section 92. Section 53-3-908 is amended to read:
             5220           53-3-908. Advisory committee.
             5221          (1) The governor shall appoint a five-member program advisory committee to assist in
             5222      the development and implementation of the program.
             5223          (2) The committee members shall be appointed by the governor as follows:
             5224          (a) one representative of motorcycle retail dealers;
             5225          (b) one representative of peace officers;
             5226          (c) one citizen not affiliated with a motorcycle dealer, manufacturer, or association;
             5227          (d) one motorcycle safety foundation instructor or chief instructor; and
             5228          (e) one member of an incorporated motorcycle rider organization.
             5229          (3) All members of the advisory committee shall be licensed motorcyclists.
             5230          (4) (a) Except as required by Subsection (4)(b), as terms of current committee
             5231      members expire, the governor shall appoint each new member or reappointed member to a
             5232      four-year term.
             5233          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             5234      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5235      committee members are staggered so that approximately half of the committee is appointed
             5236      every two years.
             5237          (c) The committee shall meet at the call of the director.


             5238          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             5239      appointed for the unexpired term.
             5240          [(6) (a) Members shall receive no compensation or benefits for their services, but may
             5241      receive per diem and expenses incurred in the performance of the member's official duties at
             5242      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5243          [(b) Members may decline to receive per diem and expenses for their service.]
             5244          (6) A member may not receive compensation or benefits for the member's service, but
             5245      may receive per diem and travel expenses in accordance with:
             5246          (a) Section 63A-3-106 ;
             5247          (b) Section 63A-3-107 ; and
             5248          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5249      63A-3-107 .
             5250          Section 93. Section 53-5-703 is amended to read:
             5251           53-5-703. Board -- Membership -- Compensation -- Terms -- Duties.
             5252          (1) There is created within the division the Concealed Weapon Review Board.
             5253          (2) (a) The board is comprised of not more than five members appointed by the
             5254      commissioner on a bipartisan basis.
             5255          (b) The board shall include a member representing law enforcement and at least two
             5256      citizens, one of whom represents sporting interests.
             5257          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             5258      expire, the commissioner shall appoint each new member or reappointed member to a
             5259      four-year term.
             5260          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
             5261      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             5262      of board members are staggered so that approximately half of the board is appointed every two
             5263      years.
             5264          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             5265      appointed for the unexpired term.


             5266          [(5) (a) (i) Members who are not government employees shall receive no
             5267      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5268      the performance of the member's official duties at the rates established by the Division of
             5269      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5270          [(ii) Members may decline to receive per diem and expenses for their service.]
             5271          [(b) (i) State government officer and employee members who do not receive salary, per
             5272      diem, or expenses from their agency for their service may receive per diem and expenses
             5273      incurred in the performance of their official duties from the board at the rates established by
             5274      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5275          [(ii) State government officer and employee members may decline to receive per diem
             5276      and expenses for their service.]
             5277          (5) A member may not receive compensation or benefits for the member's service, but
             5278      may receive per diem and travel expenses in accordance with:
             5279          (a) Section 63A-3-106 ;
             5280          (b) Section 63A-3-107 ; and
             5281          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5282      63A-3-107 .
             5283          (6) The board shall meet at least quarterly, unless the board has no business to conduct
             5284      during that quarter.
             5285          (7) The board, upon receiving a timely filed petition for review, shall review within a
             5286      reasonable time the denial, suspension, or revocation of a permit or a temporary permit to
             5287      carry a concealed firearm.
             5288          Section 94. Section 53-6-106 is amended to read:
             5289           53-6-106. Creation of Peace Officer Standards and Training Council -- Purpose
             5290      -- Membership -- Quorum -- Meetings -- Compensation.
             5291          (1) There is created the Peace Officer Standards and Training Council.
             5292          (2) The council shall serve as an advisory board to the director of the division on
             5293      matters relating to peace officer and dispatcher standards and training.


             5294          (3) The council includes:
             5295          (a) the attorney general or his designated representative;
             5296          (b) the superintendent of the highway patrol;
             5297          (c) the executive director of the Department of Corrections or his designated
             5298      representative; and
             5299          (d) 14 additional members appointed by the governor having qualifications,
             5300      experience, or education in the field of law enforcement as follows:
             5301          (i) one incumbent mayor;
             5302          (ii) one incumbent county commissioner;
             5303          (iii) three incumbent sheriffs, one of whom is a representative of the Utah Sheriffs
             5304      Association, one of whom is from a county having a population of 100,000 or more, and one
             5305      of whom is from a county having a population of less than 100,000;
             5306          (iv) three incumbent police chiefs, one of whom is a representative of the Utah Chiefs
             5307      of Police Association, one of whom is from a city of the first or second class, and one of whom
             5308      is from a city of the third, fourth, or fifth class or town;
             5309          (v) one officer from the Federal Bureau of Investigation appointed by the governor
             5310      upon the recommendation of the agency;
             5311          (vi) a representative of the Utah Peace Officers Association;
             5312          (vii) an educator in the field of public administration, criminal justice, or related area;
             5313      and
             5314          (viii) three persons selected at large by the governor.
             5315          (4) (a) Except as required by Subsection (4)(b), the 14 members of the council shall be
             5316      appointed by the governor for four-year terms.
             5317          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             5318      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5319      council members are staggered so that approximately half of the council is appointed every
             5320      two years.
             5321          (c) A member may be reappointed for additional terms.


             5322          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             5323      appointed for the unexpired term by the governor from the same category in which the
             5324      vacancy occurs.
             5325          (5) A member of the council ceases to be a member:
             5326          (a) immediately upon the termination of his holding the office or employment that was
             5327      the basis for his eligibility to membership on the council; or
             5328          (b) upon two unexcused absences in one year from regularly scheduled council
             5329      meetings.
             5330          (6) The council shall select a chair and vice chair from among its members.
             5331          (7) Ten members of the advisory council constitute a quorum.
             5332          (8) (a) Meetings may be called by the chair, the commissioner, or the director and
             5333      shall be called by the chair upon the written request of nine members.
             5334          (b) Meetings shall be held at the times and places determined by the director.
             5335          (9) The council shall meet at least two times per year.
             5336          [(10) (a) (i) Members who are not government employees shall receive no
             5337      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5338      the performance of the member's official duties at the rates established by the Division of
             5339      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5340          [(ii) Members may decline to receive per diem and expenses for their service.]
             5341          [(b) (i) State government officer and employee members who do not receive salary, per
             5342      diem, or expenses from their agency for their service may receive per diem and expenses
             5343      incurred in the performance of their official duties from the council at the rates established by
             5344      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5345          [(ii) State government officer and employee members may decline to receive per diem
             5346      and expenses for their service.]
             5347          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             5348      from the entity that they represent for their service may receive per diem and expenses
             5349      incurred in the performance of their official duties at the rates established by the Division of


             5350      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5351          [(ii) Local government members may decline to receive per diem and expenses for
             5352      their service.]
             5353          (10) A member may not receive compensation or benefits for the member's service,
             5354      but may receive per diem and travel expenses in accordance with:
             5355          (a) Section 63A-3-106 ;
             5356          (b) Section 63A-3-107 ; and
             5357          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5358      63A-3-107 .
             5359          (11) Membership on the council does not disqualify any member from holding any
             5360      other public office or employment.
             5361          Section 95. Section 53-7-203 is amended to read:
             5362           53-7-203. Utah Fire Prevention Board -- Creation -- Members -- Terms --
             5363      Selection of chair and officers -- Quorum -- Meetings -- Compensation -- Division's duty
             5364      to implement board rules.
             5365          (1) There is created within the division the Utah Fire Prevention Board.
             5366          (2) The board shall be nonpartisan and be composed of 10 members appointed by the
             5367      governor as follows:
             5368          (a) a city or county official;
             5369          (b) a licensed architect;
             5370          (c) a licensed engineer;
             5371          (d) a member of the Utah State Firemen's Association;
             5372          (e) the state forester;
             5373          (f) the commissioner of the Labor Commission or the commissioner's designee;
             5374          (g) a member of the Utah State Fire Chiefs Association;
             5375          (h) a member of the Utah Fire Marshal's Association;
             5376          (i) a building inspector; and
             5377          (j) a citizen appointed at large.


             5378          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             5379      expire, the governor shall appoint each new member or reappointed member to a four-year
             5380      term.
             5381          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             5382      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5383      board members are staggered so that approximately half of the board is appointed every two
             5384      years.
             5385          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             5386      appointed for the unexpired term.
             5387          (5) A member whose term has expired may continue to serve until a replacement is
             5388      appointed pursuant to Subsection (3).
             5389          (6) The board shall select from its members a chair and other officers as the board
             5390      finds necessary.
             5391          (7) A majority of the members of the board is a quorum.
             5392          (8) The board shall hold regular semiannual meetings for the transaction of its
             5393      business at a time and place to be fixed by the board and shall hold other meetings as
             5394      necessary for proper transaction of business.
             5395          [(9) (a) (i) Members who are not government employees shall receive no
             5396      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5397      the performance of the member's official duties at the rates established by the Division of
             5398      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5399          [(ii) Members may decline to receive per diem and expenses for their service.]
             5400          [(b) (i) State government officer and employee members who do not receive salary, per
             5401      diem, or expenses from their agency for their service may receive per diem and expenses
             5402      incurred in the performance of their official duties from the board at the rates established by
             5403      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5404          [(ii) State government officer and employee members may decline to receive per diem
             5405      and expenses for their service.]


             5406          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             5407      from the entity that they represent for their service may receive per diem and expenses
             5408      incurred in the performance of their official duties at the rates established by the Division of
             5409      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5410          [(ii) Local government members may decline to receive per diem and expenses for
             5411      their service.]
             5412          (9) A member may not receive compensation or benefits for the member's service, but
             5413      may receive per diem and travel expenses in accordance with:
             5414          (a) Section 63A-3-106 ;
             5415          (b) Section 63A-3-107 ; and
             5416          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5417      63A-3-107 .
             5418          (10) The division shall implement the rules of the board and perform all other duties
             5419      delegated by the board.
             5420          Section 96. Section 53-7-304 is amended to read:
             5421           53-7-304. Liquefied Petroleum Gas Board -- Creation -- Composition --
             5422      Appointment -- Terms of officers -- Meetings -- Compensation.
             5423          (1) (a) There is created within the division the Liquefied Petroleum Gas Board.
             5424          (b) The board is composed of seven members:
             5425          (i) two Utah fire chiefs or marshals;
             5426          (ii) two members of the general public; and
             5427          (iii) three members who are representatives of the LPG industry.
             5428          (2) The fire chiefs or marshals and the members of the general public shall be
             5429      appointed by the governor, on a nonpartisan basis.
             5430          (3) Members of the board who are representatives of the LPG industry shall have been
             5431      legal residents of the state for at least one year immediately preceding the date of appointment
             5432      and have been actively engaged in the LPG industry for a period of at least five years.
             5433          (4) The LPG industry representatives shall be appointed by the governor from a list of


             5434      at least five but no more than the 12 nominees receiving the largest number of votes according
             5435      to written ballots executed by representatives of the licensees under Subsection (7).
             5436          (5) (a) Except as required by Subsection (5)(b), as terms of current board members
             5437      expire, the governor shall appoint each new member or reappointed member to a four-year
             5438      term.
             5439          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             5440      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5441      board members are staggered so that approximately half of the board is appointed every two
             5442      years.
             5443          (c) Members serve from the date of appointment until a replacement is appointed.
             5444          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             5445      appointed for the unexpired term.
             5446          (7) (a) The balloting of licensees shall be conducted by the division.
             5447          (b) For the appointments, the division shall forward to each licensee by registered or
             5448      certified United States mail an official ballot for each staffed plant or facility held under
             5449      Section 53-7-309 , with instructions for executing the ballot and returning it to the division.
             5450          (8) (a) The board shall elect its own chair and vice chair at its first regular meeting
             5451      each calendar year.
             5452          (b) All meetings of the board shall be held on a prescribed date, at least quarterly, and
             5453      at any time a majority of the board members sends a request to the board chair.
             5454          (c) A majority of the members of the board is a quorum for the transaction of business.
             5455          [(9) (a) (i) Members who are not government employees shall receive no
             5456      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5457      the performance of the member's official duties at the rates established by the Division of
             5458      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5459          [(ii) Members may decline to receive per diem and expenses for their service.]
             5460          [(b) (i) State government officer and employee members who do not receive salary, per
             5461      diem, or expenses from their agency for their service may receive per diem and expenses


             5462      incurred in the performance of their official duties from the board at the rates established by
             5463      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5464          [(ii) State government officer and employee members may decline to receive per diem
             5465      and expenses for their service.]
             5466          (9) A member may not receive compensation or benefits for the member's service, but
             5467      may receive per diem and travel expenses in accordance with:
             5468          (a) Section 63A-3-106 ;
             5469          (b) Section 63A-3-107 ; and
             5470          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5471      63A-3-107 .
             5472          Section 97. Section 53-8-203 is amended to read:
             5473           53-8-203. Council created -- Members -- Term -- Meetings -- Duties.
             5474          (1) There is created within the division the Motor Vehicle Safety Inspection Advisory
             5475      Council.
             5476          (2) (a) The council shall be composed of seven members.
             5477          (b) The governor shall appoint:
             5478          (i) one member from the general public with experience or interest in product safety or
             5479      consumer advocacy;
             5480          (ii) two representatives from motor vehicle mechanics and motor vehicle repair
             5481      business owners;
             5482          (iii) one member of the motoring public with no former or current affiliation with the
             5483      motor vehicle sales, repair, or fuel industry or its regulation;
             5484          (iv) one peace officer with experience in motor vehicle law enforcement;
             5485          (v) one representative of the commercial trucking industry; and
             5486          (vi) one representative of the staff of the attorney general who shall serve without
             5487      voting privileges.
             5488          (3) Each member of the council shall:
             5489          (a) be selected on a nonpartisan basis;


             5490          (b) be appointed by the governor; and
             5491          (c) have been a legal resident of the state for at least one year immediately preceding
             5492      the date of appointment.
             5493          (4) (a) Except as required by Subsection (4)(b), as terms of current council members
             5494      expire, the governor shall appoint each new member or reappointed member to a four-year
             5495      term.
             5496          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             5497      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             5498      council members are staggered so that approximately half of the council is appointed every
             5499      two years.
             5500          (c) Members serve from the date of appointment until a replacement is appointed.
             5501          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             5502      appointed for the unexpired term.
             5503          (6) The council shall elect its own chair and vice-chair at its first regular meeting each
             5504      calendar year.
             5505          (7) All meetings of the council shall be called by the superintendent of the highway
             5506      patrol as needed.
             5507          (8) Any three voting members constitute a quorum for the transaction of business that
             5508      comes before the council.
             5509          [(9) (a) (i) Members who are not government employees shall receive no
             5510      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5511      the performance of the member's official duties at the rates established by the Division of
             5512      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5513          [(ii) Members may decline to receive per diem and expenses for their service.]
             5514          [(b) (i) State government officer and employee members who do not receive salary, per
             5515      diem, or expenses from their agency for their service may receive per diem and expenses
             5516      incurred in the performance of their official duties from the council at the rates established by
             5517      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             5518          [(ii) State government officer and employee members may decline to receive per diem
             5519      and expenses for their service.]
             5520          (9) A member may not receive compensation or benefits for the member's service, but
             5521      may receive per diem and travel expenses in accordance with:
             5522          (a) Section 63A-3-106 ;
             5523          (b) Section 63A-3-107 ; and
             5524          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5525      63A-3-107 .
             5526          (10) The council shall:
             5527          (a) hear appeals of administrative actions regarding the suspension or revocation of
             5528      safety inspection station permits and safety inspector certificates;
             5529          (b) advise the division on interpretation, adoption, and implementation of motor
             5530      vehicle safety inspection standards; and
             5531          (c) advise the division on other motor vehicle safety inspection issues as requested by
             5532      the superintendent.
             5533          (11) In conducting appeal hearings on the suspension or revocation of any safety
             5534      inspection station permit or safety inspector certificate the council may:
             5535          (a) compel the attendance of witnesses by subpoena;
             5536          (b) require the production of any records or documents determined by it to be pertinent
             5537      to the subject matter of the hearing; and
             5538          (c) apply to the district court of the county where the hearing is held for an order citing
             5539      any applicant or witness for contempt and for failure to attend, testify, or produce required
             5540      documents.
             5541          Section 98. Section 53-9-104 is amended to read:
             5542           53-9-104. Board -- Creation-- Qualifications -- Appointments -- Terms --
             5543      Immunity.
             5544          (1) There is established a Private Investigator Hearing and Licensure Board consisting
             5545      of five members appointed by the commissioner.


             5546          (2) Each member of the board shall be a citizen of the United States and a resident of
             5547      this state at the time of appointment.
             5548          (a) Two members shall be qualifying parties who are licensed as provided in this
             5549      chapter.
             5550          (b) One member shall be a supervisory investigator from the commissioner's office.
             5551          (c) One member shall be a chief of police or sheriff.
             5552          (d) One member shall be a public member who shall not have a financial interest in a
             5553      private investigative agency and shall not have an immediate family member or a household
             5554      member or friend who is licensed or registered under this chapter.
             5555          (3) (a) Each member of the board shall serve four-year staggered terms beginning and
             5556      ending on January 1.
             5557          (b) Notwithstanding the term requirements of Subsection (3)(a), the commissioner
             5558      may adjust the length of terms to ensure the terms of board members are staggered so that
             5559      approximately one member of the board is appointed every year.
             5560          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             5561      appointed for the unexpired term.
             5562          (5) At its first meeting every year, the board shall elect a chair, vice chair, and
             5563      secretary from its membership.
             5564          [(6) (a) (i) Members who are not government employees shall receive no
             5565      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5566      the performance of the member's official duties at the rates established by the Division of
             5567      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5568          [(ii) Members may decline to receive per diem and expenses for their service.]
             5569          [(b) (i) State government officer and employee members who do not receive salary, per
             5570      diem, or expenses from their agency for their service may receive per diem and expenses
             5571      incurred in the performance of their official duties from the board at the rates established by
             5572      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5573          [(ii) State government officer and employee members may decline to receive per diem


             5574      and expenses for their service.]
             5575          (6) A member may not receive compensation or benefits for the member's service, but
             5576      may receive per diem and travel expenses in accordance with:
             5577          (a) Section 63A-3-106 ;
             5578          (b) Section 63A-3-107 ; and
             5579          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5580      63A-3-107 .
             5581          (7) A member shall not serve more than one term, except that a member appointed to
             5582      fill a vacancy or appointed for an initial term of less than four years may be reappointed for
             5583      one full term.
             5584          (8) The commissioner, after a board hearing and recommendation, may remove any
             5585      member of the board for misconduct, incompetency, or neglect of duty.
             5586          (9) Members of the board are immune from suit with respect to all acts done and
             5587      actions taken in good faith in furtherance of the purposes of this chapter.
             5588          Section 99. Section 53-11-104 is amended to read:
             5589           53-11-104. Board.
             5590          (1) (a) There is established under the Department of Public Safety a Bail Bond
             5591      Recovery Licensure Board consisting of five members appointed by the commissioner.
             5592          (b) The commissioner may appoint, in accordance with this section, persons who are
             5593      also serving in the same capacity on the Private Investigator Hearing and Licensure Board
             5594      under Section 53-9-104 .
             5595          (2) Each member of the board shall be a citizen of the United States and a resident of
             5596      this state at the time of appointment:
             5597          (a) one member shall be a person who is qualified for and is licensed under this
             5598      chapter;
             5599          (b) one member shall be a an attorney licensed to practice in the state;
             5600          (c) one member shall be a chief of police or sheriff;
             5601          (d) one member shall be an owner of a bail bond surety company who is not a bail


             5602      enforcement agent or a bail recovery agent; and
             5603          (e) one member shall be a public member who does not have:
             5604          (i) a financial interest in a bail bond surety or bail bond recovery business; and
             5605          (ii) an immediate family member or a household member, or a personal or professional
             5606      acquaintance who is licensed or registered under this chapter.
             5607          (3) (a) As terms of current board members expire, the commissioner shall appoint each
             5608      new member or reappointed member to a four-year term, except as required by Subsection
             5609      (3)(b).
             5610          (b) The commissioner shall, at the time of appointment or reappointment, adjust the
             5611      length of terms to ensure that the terms of board members are staggered so that approximately
             5612      half of the board is appointed every two years.
             5613          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             5614      appointed for the unexpired term.
             5615          (5) At its first meeting every year, the board shall elect a chair and vice chair from its
             5616      membership.
             5617          [(6) (a) (i) Members who are not government employees receive no compensation or
             5618      benefits for their services, but may receive per diem and expenses incurred in the performance
             5619      of the member's official duties at the rates established by the Division of Finance under
             5620      Sections 63A-3-106 and 63A-3-107 .]
             5621          [(ii) Members may decline to receive per diem and expenses for their service.]
             5622          [(b) (i) State government officer and employee members who do not receive salary, per
             5623      diem, or expenses from their agency for their service may receive per diem and expenses
             5624      incurred in the performance of their official duties from the board at the rates established by
             5625      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5626          [(ii) State government officer and employee members may decline to receive per diem
             5627      and expenses for their service.]
             5628          (6) A member may not receive compensation or benefits for the member's service, but
             5629      may receive per diem and travel expenses in accordance with:


             5630          (a) Section 63A-3-106 ;
             5631          (b) Section 63A-3-107 ; and
             5632          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5633      63A-3-107 .
             5634          (7) A member may not serve more than one term, except that a member appointed to
             5635      fill a vacancy or appointed for an initial term of less than four years under Subsection (3) may
             5636      be reappointed for one additional full term.
             5637          (8) The commissioner, after a board hearing and recommendation, may remove any
             5638      member of the board for misconduct, incompetency, or neglect of duty.
             5639          (9) Members of the board are immune from suit with respect to all acts done and
             5640      actions taken in good faith in carrying out the purposes of this chapter.
             5641          Section 100. Section 53A-1-202 is amended to read:
             5642           53A-1-202. Compensation for services -- Additional per diem -- Insurance --
             5643      Certified statements of expenses.
             5644          (1) Each member of the State Board of Education shall receive $3,000 per year,
             5645      payable monthly, as compensation for services[, in addition to necessary travel expenses].
             5646          [(2) Each member may receive additional per diem compensation as established by the
             5647      director of the Division of Finance for attendance at meetings or activities related to any
             5648      business of the board, not to exceed 12 per year.]
             5649          [(3) Board members] (2) A board member may participate in any group insurance
             5650      plan provided to employees of the State Office of Education as part of their compensation on
             5651      the same basis as required for employee participation.
             5652          [(4) The state superintendent shall certify statements of actual and necessary travel
             5653      expenses incurred by board members in attending board meetings or performing duties
             5654      authorized by the board.]
             5655          (3) In addition to the provisions of Subsections (1) and (2), a board member may
             5656      receive per diem and travel expenses in accordance with:
             5657          (a) Section 63A-3-106 ;


             5658          (b) Section 63A-3-107 ; and
             5659          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5660      63A-3-107 .
             5661          Section 101. Section 53A-1a-501.5 is amended to read:
             5662           53A-1a-501.5. State Charter School Board created.
             5663          (1) (a) The State Charter School Board is created consisting of the following members
             5664      appointed by the governor:
             5665          (i) two members who have expertise in finance or small business management;
             5666          (ii) three members who are appointed from a slate of at least six candidates nominated
             5667      by Utah's charter schools; and
             5668          (iii) two members who are appointed from a slate of at least four candidates nominated
             5669      by the State Board of Education.
             5670          (b) Each appointee shall have demonstrated dedication to the purposes of charter
             5671      schools as outlined in Section 53A-1a-503 .
             5672          (2) (a) State Charter School Board members shall serve four-year terms, except three
             5673      of the initial members appointed by the governor shall be appointed for a two-year term.
             5674          (b) If a vacancy occurs, the governor shall appoint a replacement for the unexpired
             5675      term.
             5676          (3) (a) The State Charter School Board shall annually elect a chair from its
             5677      membership.
             5678          (b) Four members of the board shall constitute a quorum.
             5679          (c) Meetings may be called by the chair or upon request of three members of the
             5680      board.
             5681          [(4) (a) (i) Members who are not state government employees shall receive no
             5682      compensation or benefits for their services, but may receive per diem and expenses incurred in
             5683      the performance of the members' official duties at the rates established by the Division of
             5684      Finance under Sections 63A-3-106 and 63A-3-107 .]
             5685          [(ii) Members may decline to receive per diem and expenses for their service.]


             5686          [(b) (i) State government officer and employee members who do not receive salary, per
             5687      diem, or expenses from their agency for their service may receive per diem and expenses
             5688      incurred in the performance of their official duties from the State Charter School Board at the
             5689      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5690          [(ii) State government officer and employee members may decline to receive per diem
             5691      and expenses for their service.]
             5692          (4) A member may not receive compensation or benefits for the member's service, but
             5693      may receive per diem and travel expenses in accordance with:
             5694          (a) Section 63A-3-106 ;
             5695          (b) Section 63A-3-107 ; and
             5696          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5697      63A-3-107 .
             5698          Section 102. Section 53A-1a-602 is amended to read:
             5699           53A-1a-602. Job Enhancement Committee -- Composition -- Duties --
             5700      Appropriation.
             5701          (1) There is created a Job Enhancement Committee to implement and administer the
             5702      Public Education Job Enhancement Program established in Section 53A-1a-601 .
             5703          (2) (a) The committee shall consist of:
             5704          (i) two members of the State Board of Education selected by the board;
             5705          (ii) two members of the State Board of Regents selected by the board;
             5706          (iii) six members of the general public who have business experience in mathematics,
             5707      physics, chemistry, physical science, learning technology, or information technology selected
             5708      by the governor;
             5709          (iv) a master high school teacher, who has teaching experience in mathematics,
             5710      physics, chemistry, physical science, learning technology, or information technology, selected
             5711      by the superintendent of public instruction;
             5712          (v) a master special education teacher, selected by the superintendent of public
             5713      instruction; and


             5714          (vi) a master teacher in grades four through six with a mathematics endorsement,
             5715      selected by the superintendent of public instruction.
             5716          [(b) Committee members shall receive no compensation or benefits for their service on
             5717      the committee, but may receive per diem and expenses incurred in the performance of their
             5718      duties at rates established by the Division of Finance under Sections 63A-3-106 and
             5719      63A-3-107 .]
             5720          (b) A member may not receive compensation or benefits for the member's service, but
             5721      may receive per diem and travel expenses in accordance with:
             5722          (i) Section 63A-3-106 ;
             5723          (ii) Section 63A-3-107 ; and
             5724          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5725      63A-3-107 .
             5726          (3) (a) The committee shall receive and review applications submitted for participation
             5727      in the Public Education Job Enhancement Program established under Section 53A-1a-601 .
             5728          (b) In reviewing applications, the committee shall focus on:
             5729          (i) the prioritized critical areas of need identified under Subsection (5)(a); and
             5730          (ii) the awards being made on a competitive basis.
             5731          (c) If the committee approves an application received under Subsection (3)(a), it shall
             5732      contract directly with the teacher applicant to receive the award or the scholarship for a
             5733      master's degree, an endorsement, or graduate education, subject to Section 53A-1a-601 .
             5734          (d) The State Board of Education, through the superintendent of public instruction,
             5735      shall provide staff support for the committee and adequate and reliable data on the state's
             5736      supply of and demand for qualified:
             5737          (i) secondary teachers with expertise in mathematics, physics, chemistry, physical
             5738      science, learning technologies, or information technology;
             5739          (ii) special education teachers; and
             5740          (iii) teachers in grades four through six with mathematics endorsements.
             5741          (4) The committee may apply for grants and matching monies to enhance funding


             5742      available for the program established in Section 53A-1a-601 .
             5743          (5) The committee shall make a rule in accordance with Title 63G, Chapter 3, Utah
             5744      Administrative Rulemaking Act, establishing policies and procedures for:
             5745          (a) making the awards and offering the scholarships in accordance with prioritized
             5746      critical areas of need as determined by the committee;
             5747          (b) timelines for the submission and approval of applications under Subsection (3);
             5748      and
             5749          (c) the distribution of the awards and scholarships to successful applicants based on
             5750      available monies provided by legislative appropriation.
             5751          (6) Subject to future budget constraints, the Legislature shall make an annual
             5752      appropriation to the State Board of Education to fund the Public Education Job Enhancement
             5753      Program established under Section 53A-1a-601 .
             5754          Section 103. Section 53A-6-802 is amended to read:
             5755           53A-6-802. Paraeducator to Teacher Scholarship Program.
             5756          (1) The Paraeducator to Teacher Scholarship Program is created to award scholarships
             5757      to paraeducators for education and training to become licensed teachers.
             5758          (2) The State Board of Education shall use money appropriated for the Paraeducator to
             5759      Teacher Scholarship Program to award scholarships of up to $5,000 to paraeducators
             5760      employed by school districts and charter schools who are pursuing an associate's degree or
             5761      bachelor's degree program to become a licensed teacher.
             5762          (3) A paraeducator is eligible to receive a scholarship if:
             5763          (a) the paraeducator is employed by a school district or charter school;
             5764          (b) is admitted to, or has made an application to, an associate's degree program or
             5765      bachelor's degree program that will prepare the paraeducator for teacher licensure; and
             5766          (c) the principal at the school where the paraeducator is employed has nominated the
             5767      paraeducator for a scholarship.
             5768          (4) (a) The State Board of Education shall establish a committee to select scholarship
             5769      recipients from nominations submitted by school principals.


             5770          (b) The committee shall include representatives of the State Board of Education, State
             5771      Board of Regents, and the general public, excluding school district and charter school
             5772      employees.
             5773          [(c) (i) (A) A committee member who is not a government employee may not receive
             5774      compensation or benefits for the member's service, but may receive per diem and expenses
             5775      incurred in the performance of the member's official duties at the rates established by the
             5776      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5777          [(B) A member may decline to receive per diem and expenses for the member's
             5778      service.]
             5779          [(ii) (A) A committee member who is a government employee member who does not
             5780      receive salary, per diem, or expenses from the agency the member represents for the member's
             5781      service may receive per diem and expenses incurred in the performance of the member's
             5782      official duties at the rates established by the Division of Finance under Sections 63A-3-106
             5783      and 63A-3-107 .]
             5784          [(B) A government employee member may decline to receive per diem and expenses
             5785      for the member's service.]
             5786          (c) A member may not receive compensation or benefits for the member's service, but
             5787      may receive per diem and travel expenses in accordance with:
             5788          (i) Section 63A-3-106 ;
             5789          (ii) Section 63A-3-107 ; and
             5790          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5791      63A-3-107 .
             5792          (d) The committee shall select scholarship recipients based on the following criteria:
             5793          (i) test scores, grades, or other evidence demonstrating the applicant's ability to
             5794      successfully complete a teacher education program; and
             5795          (ii) the applicant's record of success as a paraeducator.
             5796          (5) The maximum scholarship amount is $5,000.
             5797          (6) Scholarship monies may only be used to pay for tuition costs:


             5798          (a) of:
             5799          (i) an associate's degree program that fulfills credit requirements for the first two years
             5800      of a bachelor's degree program leading to teacher licensure; or
             5801          (ii) the first two years of a bachelor's degree program leading to teacher licensure; and
             5802          (b) at a higher education institution:
             5803          (i) located in Utah; and
             5804          (ii) accredited by the Northwest Commission on Colleges and Universities.
             5805          (7) A scholarship recipient must be continuously employed as a paraeducator by a
             5806      school district or charter school while pursuing a degree using scholarship monies.
             5807          (8) The State Board of Education shall make rules in accordance with this section and
             5808      Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the Paraeducator to
             5809      Teacher Scholarship Program, including rules establishing:
             5810          (a) scholarship application procedures;
             5811          (b) the number of, and qualifications for, committee members who select scholarship
             5812      recipients; and
             5813          (c) procedures for distributing scholarship monies.
             5814          Section 104. Section 53A-20b-103 is amended to read:
             5815           53A-20b-103. State Charter School Finance Authority created -- Members --
             5816      Compensation -- Services.
             5817          (1) There is created a body politic and corporate known as the State Charter School
             5818      Finance Authority. The authority is created to provide an efficient and cost-effective method
             5819      of financing charter school facilities.
             5820          (2) The governing board of the authority shall be composed of:
             5821          (a) the governor or the governor's designee;
             5822          (b) the state treasurer; and
             5823          (c) the state superintendent of public instruction or the state superintendent's designee.
             5824          [(3) (a) (i) A member who is not a government employee may not receive
             5825      compensation or benefits for the member's services, but may receive per diem and expenses


             5826      incurred in the performance of the member's official duties at the rates established by the
             5827      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5828          [(ii) A member may decline to receive per diem and expenses for the member's
             5829      service.]
             5830          [(b) (i) A state government officer or employee member who does not receive salary,
             5831      per diem, or expenses from the agency the member represents for the member's service may
             5832      receive per diem and expenses incurred in the performance of the member's official duties at
             5833      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             5834          [(ii) A state government officer or employee member may decline to receive per diem
             5835      and expenses for the member's service.]
             5836          (3) A member may not receive compensation or benefits for the member's service, but
             5837      may receive per diem and travel expenses in accordance with:
             5838          (a) Section 63A-3-106 ;
             5839          (b) Section 63A-3-107 ; and
             5840          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5841      63A-3-107 .
             5842          (4) Upon request, the State Board of Education shall provide staff support to the
             5843      authority.
             5844          Section 105. Section 53A-25b-203 is amended to read:
             5845           53A-25b-203. Advisory Council for the Utah Schools for the Deaf and the Blind.
             5846          (1) (a) There is created the Advisory Council for the Utah Schools for the Deaf and the
             5847      Blind composed of at least six, but no more than 11, voting members appointed by the board.
             5848          (b) The advisory council shall include:
             5849          (i) two members who are blind;
             5850          (ii) two members who are deaf; and
             5851          (iii) two members who are deafblind or parents of a deafblind child.
             5852          (c) The board may appoint other advisory council members who have an interest in
             5853      and knowledge of the needs and education of students who are deaf, blind, or deafblind.


             5854          (2) The board may remove a council member for cause.
             5855          (3) The board shall makes rules in accordance with Title 63G, Chapter 3, Utah
             5856      Administrative Rulemaking Act, regarding the operation of the advisory council, including
             5857      rules:
             5858          (a) specifying the term of membership for advisory council members;
             5859          (b) establishing procedures for filling a vacancy on the advisory council; and
             5860          (c) establishing procedures for dismissing an advisory council member.
             5861          [(4) An advisory council member may receive per diem and expenses incurred in the
             5862      performance of the member's official duties at the rates established by the Division of Finance
             5863      under Sections 63A-3-106 and 63A-3-107 .]
             5864          (4) An advisory council member may not receive compensation or benefits for the
             5865      member's service, but may receive per diem and travel expenses in accordance with:
             5866          (a) Section 63A-3-106 ;
             5867          (b) Section 63A-3-107 ; and
             5868          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5869      63A-3-107 .
             5870          (5) The advisory council shall meet at least 10 times per year.
             5871          (6) (a) The advisory council shall elect a chair and vice chair from its membership.
             5872          (b) The advisory council may elect other officers from its membership.
             5873          (c) The advisory council officers shall serve one-year terms.
             5874          (7) A majority of the advisory council constitutes a quorum for the transaction of
             5875      business.
             5876          (8) The board shall assign a staff member from the Utah State Office of Education and
             5877      the superintendent to act as liaisons between the board and the advisory council.
             5878          (9) The advisory council shall:
             5879          (a) advise and make recommendations to the board, superintendent, and associate
             5880      superintendents regarding:
             5881          (i) staff positions;


             5882          (ii) policy;
             5883          (iii) budgets; and
             5884          (iv) operations;
             5885          (b) advise the board, superintendent, and associate superintendents as to the needs of
             5886      those who are deaf, blind, or deafblind and of appropriate programs and services to address
             5887      individual needs consistent with state and federal laws, rules, and regulations; and
             5888          (c) advise and make recommendations to the board regarding the continued
             5889      employment of the superintendent and associate superintendents.
             5890          (10) The board shall receive and consider the advice and recommendations of the
             5891      advisory council but is not obligated to follow that advice or adopt the recommendations.
             5892          Section 106. Section 53B-1-104 is amended to read:
             5893           53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
             5894      Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
             5895          (1) (a) The board shall consist of 19 residents of the state.
             5896          (b) (i) Fifteen members shall be appointed by the governor with the consent of the
             5897      Senate.
             5898          (ii) (A) One additional member shall be appointed by the governor from nominations
             5899      of the student body presidents council.
             5900          (B) The council shall nominate three qualified, matriculated students enrolled in the
             5901      state institutions of higher education.
             5902          (C) Student body presidents are not eligible for nomination.
             5903          (iii) All appointments to the board shall be made on a nonpartisan basis.
             5904          (iv) In making appointments to the board, the governor shall select:
             5905          (A) individuals from the state at large with due consideration for geographical
             5906      representation; and
             5907          (B) at least three individuals with personal experience in career and technical
             5908      education, which could include service on a campus board of directors.
             5909          (c) (i) In addition to the members designated under Subsection (1)(b), two members of


             5910      the State Board of Education, appointed by the chair of the State Board of Education, shall
             5911      serve as nonvoting members of the board.
             5912          (ii) A nonvoting State Board of Education member shall continue to serve as a
             5913      member without a set term until the member is replaced by the chair of the State Board of
             5914      Education.
             5915          (d) (i) In addition to the members designated under Subsection (1)(b), one member of
             5916      the Utah College of Applied Technology Board of Trustees, appointed by the chair of the Utah
             5917      College of Applied Technology Board of Trustees, shall serve as a nonvoting member of the
             5918      board.
             5919          (ii) A nonvoting Utah College of Applied Technology Board of Trustees member shall
             5920      continue to serve as a member without a set term until the member is replaced by the chair of
             5921      the Utah College of Applied Technology Board of Trustees.
             5922          (2) (a) Five members of the board, other than the student member, the State Board of
             5923      Education members, and the Utah College of Applied Technology Board of Trustees member,
             5924      shall be appointed during each odd-numbered year to six-year staggered terms which
             5925      commence on July 1 of the year of appointment.
             5926          (b) (i) The student member shall be appointed for a one-year term and may be
             5927      reappointed for one additional term.
             5928          (ii) The student member has full voting rights and may vote on selection of a board
             5929      chair or vice chair, but not serve in either office.
             5930          (c) Board members shall hold office until their successors have been appointed and
             5931      qualified.
             5932          (3) (a) Each member of the board shall take the official oath of office before entering
             5933      upon the duties of office.
             5934          (b) The oath shall be filed with the Division of Archives and Records Services.
             5935          (4) The board shall elect a chair and vice chair from its members who shall serve terms
             5936      of two years and until their successors are chosen and qualified.
             5937          (5) (a) The board shall appoint a secretary from the staff of its chief executive to serve


             5938      at its discretion.
             5939          (b) The secretary shall be a full-time employee who receives a salary set by the board.
             5940          (c) The secretary shall record and maintain a record of all board meetings and perform
             5941      other duties as the board directs.
             5942          (6) The board shall appoint a treasurer who serves at the discretion of the board.
             5943          (7) (a) The board may establish advisory committees.
             5944          (b) The powers and authority of the board are nondelegable, except as specifically
             5945      provided for in this title.
             5946          (c) All matters requiring board determination shall be addressed in a properly
             5947      convened meeting of the board or its executive committee.
             5948          (8) The board shall enact bylaws for its own government not inconsistent with the
             5949      constitution or the laws of this state.
             5950          (9) (a) The board shall meet regularly upon its own determination.
             5951          (b) The board may also meet, in full or executive session, at the request of its chair, its
             5952      executive officer, or five members of the board.
             5953          (10) A quorum of the voting members of the board is required to conduct its business
             5954      and consists of nine members.
             5955          (11) (a) A vacancy in the board occurring before the expiration of a voting member's
             5956      full term shall be immediately filled by appointment by the governor with the consent of the
             5957      Senate.
             5958          (b) The appointee serves for the remainder of the unexpired term.
             5959          [(12) (a) Each member of the board shall receive a per diem as provided by law as
             5960      compensation for services for attending meetings of the board.]
             5961          [(b) Each member shall also be paid actual expenses incurred for attending meetings
             5962      of the board or its committees or for attending to any business of the institutions under the
             5963      direction of the board or authority of the board or its committees.]
             5964          (12) A board member may not receive compensation or benefits for the member's
             5965      service, but may receive per diem and travel expenses in accordance with:


             5966          (a) Section 63A-3-106 ;
             5967          (b) Section 63A-3-107 ; and
             5968          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             5969      63A-3-107 .
             5970          Section 107. Section 53B-2-104 is amended to read:
             5971           53B-2-104. Memberships of board of trustees -- Terms -- Vacancies -- Oath --
             5972      Officers -- Bylaws -- Quorum -- Committees -- Compensation.
             5973          (1) (a) The board of trustees of an institution of higher education consists of the
             5974      following:
             5975          (i) eight persons appointed by the governor and approved by the Senate; and
             5976          (ii) two ex officio members who are the president of the institution's alumni
             5977      association, and the president of the associated students of the institution.
             5978          (b) The appointed members of the boards of trustees for Utah Valley University and
             5979      Salt Lake Community College shall be representative of the interests of business, industry, and
             5980      labor.
             5981          (2) (a) The governor shall appoint four members of each board of trustees during each
             5982      odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
             5983          (b) An appointed member holds office until a successor is appointed and qualified.
             5984          (c) The ex officio members serve for the same period as they serve as presidents and
             5985      until their successors have qualified.
             5986          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             5987      appointed for the unexpired term.
             5988          (4) (a) Each member shall take the official oath of office prior to assuming the office.
             5989          (b) The oath shall be filed with the Division of Archives and Records Services.
             5990          (5) Each board of trustees shall elect a chair and vice chair, who serve for two years
             5991      and until their successors are elected and qualified.
             5992          (6) (a) Each board of trustees may enact bylaws for its own government, including
             5993      provision for regular meetings.


             5994          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             5995          (ii) If established, the committee shall have full authority of the board of trustees to act
             5996      upon routine matters during the interim between board of trustees meetings.
             5997          (iii) The committee may act on nonroutine matters only under extraordinary and
             5998      emergency circumstances.
             5999          (iv) The committee shall report its activities to the board of trustees at its next regular
             6000      meeting following the action.
             6001          (c) Copies of the board of trustees' bylaws shall be filed with the board.
             6002          (7) A quorum is required to conduct business and consists of six members.
             6003          (8) A board of trustees may establish advisory committees.
             6004          [(9) (a) (i) Members who are not government employees shall receive no
             6005      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6006      the performance of the member's official duties at the rates established by the Division of
             6007      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6008          [(ii) Members may decline to receive per diem and expenses for their service.]
             6009          [(b) (i) State government officer and employee members who do not receive salary, per
             6010      diem, or expenses from their agency for their service may receive per diem and expenses
             6011      incurred in the performance of their official duties from the board at the rates established by
             6012      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6013          [(ii) State government officer and employee members may decline to receive per diem
             6014      and expenses for their service.]
             6015          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             6016      from the entity that they represent for their service may receive per diem and expenses
             6017      incurred in the performance of their official duties from the committee at the rates established
             6018      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6019          [(ii) Higher education members may decline to receive per diem and expenses for their
             6020      service.]
             6021          (9) A member may not receive compensation or benefits for the member's service, but


             6022      may receive per diem and travel expenses in accordance with:
             6023          (a) Section 63A-3-106 ;
             6024          (b) Section 63A-3-107 ; and
             6025          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6026      63A-3-107 .
             6027          (10) This section does not apply to the Utah College of Applied Technology.
             6028          Section 108. Section 53B-2a-103 is amended to read:
             6029           53B-2a-103. Utah College of Applied Technology Board of Trustees --
             6030      Membership -- Terms -- Vacancies -- Oath -- Officers -- Quorum -- Committees --
             6031      Compensation.
             6032          (1) There is created the Utah College of Applied Technology Board of Trustees,
             6033      composed of the following members:
             6034          (a) one member of the State Board of Education appointed by the chair of the State
             6035      Board of Education, to serve as a nonvoting member;
             6036          (b) one member of the State Board of Regents appointed by the chair of the State
             6037      Board of Regents, to serve as a nonvoting member;
             6038          (c) one member representing business and industry employers from the campus board
             6039      of directors of each applied technology college campus appointed by a majority vote of the
             6040      business and industry employer members of the campus board;
             6041          (d) one member representing business and industry employers from the Snow College
             6042      career and technical education advisory committee appointed by a majority of the business and
             6043      industry members of the advisory committee;
             6044          (e) one member representing business and industry employers from the College of
             6045      Eastern Utah career and technical education advisory committee appointed by a majority of
             6046      the business and industry employer members of the advisory committee;
             6047          (f) one member representing business and industry employers from the Salt Lake
             6048      Community College School of Applied Technology Board of Directors appointed by a
             6049      majority of the business and industry employer members of the board of directors;


             6050          (g) one business or industry employer representative appointed by the governor with
             6051      the consent of the Senate from nominations submitted by the speaker of the House of
             6052      Representatives and president of the Senate;
             6053          (h) one representative of union craft, trade, or apprenticeship programs that prepare
             6054      workers for employment in career and technical education fields, appointed by the governor
             6055      with the consent of the Senate;
             6056          (i) one representative of non-union craft, trade, or apprenticeship programs that
             6057      prepare workers for employment in career and technical education fields, appointed by the
             6058      governor with the consent of the Senate;
             6059          (j) the commissioner of higher education; and
             6060          (k) the executive director of the Governor's Office of Economic Development or the
             6061      executive director's designee.
             6062          (2) (a) In making appointments to the board of trustees, the governor shall consider:
             6063          (i) individuals from the state at large with due consideration for geographical
             6064      representation;
             6065          (ii) individuals recognized for their knowledge and expertise; and
             6066          (iii) individuals who represent current and emerging business and industry sectors of
             6067      the state.
             6068          (b) Appointments to the board shall be made on a nonpartisan basis.
             6069          (3) (a) Except as provided under Subsection (3)(b), members of the board of trustees
             6070      shall be appointed commencing on July 1 of each odd-numbered year to a four-year term.
             6071          (b) Initial terms of the board members beginning on July 1, 2009 shall be staggered
             6072      with two-year and four-year terms so that approximately one-half of the members' terms will
             6073      expire in any odd-numbered year.
             6074          (c) An appointed member holds office until a successor is appointed and qualified.
             6075          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             6076      appointed for the unexpired term.
             6077          (5) (a) Each member shall take the official oath of office prior to assuming the office.


             6078          (b) The oath shall be filed with the Division of Archives and Records Services.
             6079          (6) The board of trustees shall elect a chair and vice chair, who serve for two years and
             6080      until their successors are elected and qualified.
             6081          (7) (a) The board of trustees may enact bylaws for its own government, including
             6082      provision for regular meetings.
             6083          (b) (i) The board of trustees may provide for an executive committee in its bylaws.
             6084          (ii) If established, the committee shall have full authority of the board of trustees to act
             6085      upon routine matters during the interim between board of trustees meetings.
             6086          (iii) The committee may act on nonroutine matters only under extraordinary and
             6087      emergency circumstances.
             6088          (iv) The committee shall report its activities to the board of trustees at its next regular
             6089      meeting following the action.
             6090          (8) A quorum shall be required to conduct business which shall consist of a majority
             6091      of voting board of trustee members.
             6092          (9) The board of trustees may establish advisory committees.
             6093          [(10) (a) (i) Members who are not government employees shall receive no
             6094      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6095      the performance of the member's official duties at the rates established by the Division of
             6096      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6097          [(ii) Members may decline to receive per diem and expenses for their service.]
             6098          [(b) (i) State government officer and employee members who do not receive salary, per
             6099      diem, or expenses from their agency for their service may receive per diem and expenses
             6100      incurred in the performance of their official duties from the board of trustees at the rates
             6101      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6102          [(ii) State government officer and employee members may decline to receive per diem
             6103      and expenses for their service.]
             6104          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             6105      from the entity that they represent for their service may receive per diem and expenses


             6106      incurred in the performance of their official duties from the board of trustees at the rates
             6107      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6108          [(ii) Higher education members may decline to receive per diem and expenses for their
             6109      service.]
             6110          (10) A member may not receive compensation or benefits for the member's service,
             6111      but may receive per diem and travel expenses in accordance with:
             6112          (a) Section 63A-3-106 ;
             6113          (b) Section 63A-3-107 ; and
             6114          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6115      63A-3-107 .
             6116          Section 109. Section 53B-2a-109 is amended to read:
             6117           53B-2a-109. Campus boards of directors -- Terms -- Quorum -- Chair--
             6118      Compensation.
             6119          (1) (a) At the first meeting of a campus board of directors after July 1, 2009:
             6120          (i) the representatives from the local school boards shall divide up their positions so
             6121      that approximately half of them serve for two-year terms and half serve for four-year terms;
             6122      and
             6123          (ii) the representatives from business and industry employers shall divide up their
             6124      positions so that approximately half of them serve for two-year terms and half serve for
             6125      four-year terms.
             6126          (b) Except as provided in Subsection (1)(a), individuals appointed to a campus board
             6127      of directors shall serve four-year terms.
             6128          (2) The original appointing authority shall fill any vacancies that occur on the campus
             6129      board of directors.
             6130          (3) A majority of the campus board of directors is a quorum.
             6131          (4) A campus board of directors shall elect a chair from its membership.
             6132          [(5) (a) (i) Members who are not government employees shall receive no
             6133      compensation or benefits for their services, but may receive per diem and expenses incurred in


             6134      the performance of the member's official duties from the campus board of directors at the rates
             6135      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6136          [(ii) Members may decline to receive per diem and expenses for their service.]
             6137          [(b) (i) Higher education members who do not receive salary, per diem, or expenses
             6138      from the entity that they represent for their service may receive per diem and expenses
             6139      incurred in the performance of their official duties from the campus board of directors at the
             6140      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6141          [(ii) Higher education members may decline to receive per diem and expenses for their
             6142      service.]
             6143          [(c) (i) Members appointed by local school boards who do not receive salary, per
             6144      diem, or expenses from the entity that they represent for their service may receive per diem
             6145      and expenses incurred in the performance of their official duties from the campus board of
             6146      directors at the rates established by the Division of Finance under Sections 63A-3-106 and
             6147      63A-3-107 .]
             6148          [(ii) Local school board members may decline to receive per diem and expenses for
             6149      their service.]
             6150          (5) A member may not receive compensation or benefits for the member's service, but
             6151      may receive per diem and travel expenses in accordance with:
             6152          (a) Section 63A-3-106 ;
             6153          (b) Section 63A-3-107 ; and
             6154          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6155      63A-3-107 .
             6156          (6) (a) A campus board of directors may enact bylaws for its own government,
             6157      including provision for regular meetings, that are in accordance with the policies of the Utah
             6158      College of Applied Technology.
             6159          (b) (i) The campus board of directors may provide for an executive committee in its
             6160      bylaws.
             6161          (ii) If established, the committee shall have the full authority of the campus board of


             6162      directors to act upon routine matters during the interim between board meetings.
             6163          (iii) The committee may act on nonroutine matters only under extraordinary and
             6164      emergency circumstances.
             6165          (iv) The committee shall report its activities to the campus board of directors at its
             6166      next regular meeting following the action.
             6167          (7) A campus board of directors may establish advisory committees.
             6168          Section 110. Section 53B-6-105.5 is amended to read:
             6169           53B-6-105.5. Technology Initiative Advisory Board -- Composition -- Duties.
             6170          (1) There is created a Technology Initiative Advisory Board to assist and make
             6171      recommendations to the State Board of Regents in its administration of the Engineering and
             6172      Computer Science Initiative established under Section 53B-6-105 .
             6173          (2) (a) The advisory board shall consist of individuals appointed by the governor from
             6174      business and industry who have expertise in the areas of engineering, computer science, and
             6175      related technologies.
             6176          (b) The advisory board shall select a chair and cochair.
             6177          (c) The advisory board shall meet at the call of the chair.
             6178          (d) The State Board of Regents, through the commissioner of higher education, shall
             6179      provide staff support for the advisory board.
             6180          [(3) Members of the advisory board shall receive no compensation for their service on
             6181      the board, but may receive per diem and expenses incurred in the performance of their duties
             6182      at rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6183          (3) A member of an advisory board may not receive compensation or benefits for the
             6184      member's service, but may receive per diem and travel expenses in accordance with:
             6185          (a) Section 63A-3-106 ;
             6186          (b) Section 63A-3-107 ; and
             6187          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6188      63A-3-107 .
             6189          (4) The advisory board shall:


             6190          (a) make recommendations to the State Board of Regents on the allocation and
             6191      distribution of monies appropriated to fund:
             6192          (i) the faculty incentive program established in Section 53B-6-105.9 ;
             6193          (ii) equipment purchases required to improve the quality of instructional programs in
             6194      engineering, computer science, and related technology; and
             6195          (iii) the scholarship program established in Section 53B-6-105.7 .
             6196          (b) prepare a strategic plan that details actions required by the State Board of Regents
             6197      to meet the intent of the Engineering and Technology Science Initiative;
             6198          (c) review and assess engineering, computer science, and related technology programs
             6199      currently being offered at higher education institutions and their impact on the economic
             6200      prosperity of the state;
             6201          (d) provide the State Board of Regents with an assessment and reporting plan that:
             6202          (i) measures results against expectations under the initiative, including verification of
             6203      the matching requirements for institutions of higher education to receive monies under Section
             6204      53B-6-105.9 ; and
             6205          (ii) includes an analysis of market demand for technical employment, program
             6206      articulation among higher education institutions in engineering, computer science, and related
             6207      technology, tracking of student placement, student admission to the initiative program by
             6208      region, transfer rates, and retention in and graduation rates from the initiative program; and
             6209          (e) make an annual report of its activities to the State Board of Regents, the
             6210      Legislature through the Education Interim Committee and the Higher Education
             6211      Appropriations Subcommittee, and the governor.
             6212          (5) The annual report of the Technology Initiative Advisory Board shall include the
             6213      summary report of the institutional matches described in Section 53B-6-105.9 .
             6214          Section 111. Section 53B-17-102 is amended to read:
             6215           53B-17-102. Utah Education Network.
             6216          (1) (a) As used in this part, "Utah Education Network" and "UEN" mean a consortium
             6217      and partnership between public and higher education established to:


             6218          (i) coordinate and support the telecommunications needs of public and higher
             6219      education;
             6220          (ii) coordinate the various telecommunications technology initiatives of public and
             6221      higher education;
             6222          (iii) provide high-quality, cost-effective Internet access and appropriate interface
             6223      equipment for schools and school systems;
             6224          (iv) procure, install, and maintain telecommunication services and equipment on
             6225      behalf of public and higher education;
             6226          (v) develop or implement other programs or services for the delivery of distance
             6227      learning as directed by law; and
             6228          (vi) apply for state and federal funding on behalf of public and higher education.
             6229          (b) In performing the duties under this Subsection (1), UEN shall:
             6230          (i) provide services to schools, school districts, and the public and higher education
             6231      systems through an open and competitive bidding process;
             6232          (ii) work with the private sector to deliver high-quality, cost-effective services; and
             6233          (iii) avoid duplicating facilities, equipment or services of private providers of public
             6234      telecommunications service, as defined under Section 54-8b-2 .
             6235          (2) The University of Utah shall provide administrative management for UEN.
             6236          (3) (a) The governor shall appoint a statewide steering committee of representatives
             6237      from public and higher education, state government, and private industry to advise UEN in the
             6238      development and operation of a coordinated, statewide, multi-option telecommunications
             6239      system to assist in the delivery of educational services throughout the state.
             6240          (b) Except as required by Subsection (3)(c), members shall be appointed to four-year
             6241      terms.
             6242          (c) Notwithstanding the requirements of Subsection (3)(b), the governor shall, at the
             6243      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             6244      committee members are staggered so that approximately half of the committee is appointed
             6245      every two years.


             6246          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             6247      appointed for the unexpired term.
             6248          [(e) (i) (A) Members who are not government employees shall receive no
             6249      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6250      the performance of the member's official duties at the rates established by the Division of
             6251      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6252          [(B) Members who are not government employees may decline to receive per diem
             6253      and expenses for their service.]
             6254          [(ii) (A) State government officer and employee members who do not receive salary,
             6255      per diem, or expenses from their agency for their service may receive per diem and expenses
             6256      incurred in the performance of their official duties from the committee at the rates established
             6257      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6258          [(B) State government officer and employee members may decline to receive per diem
             6259      and expenses for their service.]
             6260          [(iii) (A) Higher education members who do not receive salary, per diem, or expenses
             6261      from the entity that they represent for their service may receive per diem and expenses
             6262      incurred in the performance of their official duties from the committee at the rates established
             6263      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6264          [(B) Higher education members may decline to receive per diem and expenses for their
             6265      service.]
             6266          (4) A member may not receive compensation or benefits for the member's service, but
             6267      may receive per diem and travel expenses in accordance with:
             6268          (a) Section 63A-3-106 ;
             6269          (b) Section 63A-3-107 ; and
             6270          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6271      63A-3-107 .
             6272          [(4)] (5) UEN shall locate and maintain educational telecommunication infrastructure
             6273      throughout the state.


             6274          [(5)] (6) Educational institutions shall manage site operations under policy established
             6275      by UEN.
             6276          [(6)] (7) Subject to future budget constraints, the Legislature shall provide an annual
             6277      appropriation to operate UEN.
             6278          Section 112. Section 53B-17-803 is amended to read:
             6279           53B-17-803. Advisory board created.
             6280          (1) The university shall create an advisory board known as the "Rocky Mountain
             6281      Center for Occupational and Environmental Health Advisory Board" to:
             6282          (a) promote occupational health and safety in Utah and the surrounding region;
             6283          (b) promote the interests and mission of the center by advising the director on issues
             6284      including:
             6285          (i) operation of the center as a multidisciplinary, state-of-the-art program at the
             6286      university;
             6287          (ii) developing and maintaining state and institutional support;
             6288          (iii) emerging local or regional, occupational health and safety education and research
             6289      needs;
             6290          (iv) continuing education and outreach to local and regional occupational health and
             6291      safety professionals;
             6292          (v) coordinating with other local or regional entities that promote occupational health
             6293      and safety in a manner that meets the needs of both employers and employees; and
             6294          (vi) grant requirements and renewal;
             6295          (c) advise the director on the expenditure by the center of public funds including:
             6296          (i) funds appropriated by the Legislature;
             6297          (ii) donations; and
             6298          (iii) federal or other grants; and
             6299          (d) develop recommendations for the long-term operation of the center consistent with
             6300      Section 53B-17-802 .
             6301          (2) (a) The board shall consist of no fewer than 15 and no more than 18 persons who


             6302      represent the affected populations.
             6303          (b) The university shall establish reasonable bylaws for the operation of the board
             6304      including:
             6305          (i) the selection of board members;
             6306          (ii) quorum requirements; and
             6307          (iii) voting requirements.
             6308          (3) The board shall elect a board chair and vice chair from among the board members
             6309      by a vote of the members.
             6310          (4) (a) The board shall have an executive committee consisting of:
             6311          (i) the board chair;
             6312          (ii) the board vice chair; and
             6313          (iii) three other board members, selected by the board chair in consultation with the
             6314      director.
             6315          (b) The executive committee shall meet at least quarterly to advise the center and to
             6316      plan for board meetings.
             6317          (5) The board chair, in consultation with the director, shall call board meetings at least
             6318      two times each calendar year.
             6319          (6) The board and the executive committee are subject to Title 52, Chapter 4, Open
             6320      and Public Meetings Act.
             6321          [(7) (a) A board member may not receive compensation or per diem for the member's
             6322      services, but may receive expenses incurred in the performance of the member's official duties
             6323      at the rates established by the Division of Finance under Section 63A-3-107 .]
             6324          [(b) A board member may decline to receive expenses for the member's service.]
             6325          (7) A board member may not receive compensation or benefits for the member's
             6326      service, but may receive per diem and travel expenses in accordance with:
             6327          (a) Section 63A-3-106 ;
             6328          (b) Section 63A-3-107 ; and
             6329          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             6330      63A-3-107 .
             6331          Section 113. Section 53C-1-203 is amended to read:
             6332           53C-1-203. Board of trustees nominating committee -- Composition --
             6333      Responsibilities -- Per diem and expenses.
             6334          (1) There is established an 11 member board of trustees nominating committee.
             6335          (2) (a) The State Board of Education shall appoint five members to the nominating
             6336      committee from different geographical areas of the state.
             6337          (b) The governor shall appoint five members to the nominating committee as follows:
             6338          (i) one individual from a nomination list of at least two names of individuals
             6339      knowledgeable about institutional trust lands submitted by the University of Utah and Utah
             6340      State University on an alternating basis every four years;
             6341          (ii) one individual from a nomination list of at least two names submitted by the
             6342      livestock industry;
             6343          (iii) one individual from a nomination list of at least two names submitted by the Utah
             6344      Petroleum Association;
             6345          (iv) one individual from a nomination list of at least two names submitted by the Utah
             6346      Mining Association; and
             6347          (v) one individual from a nomination list of at least two names submitted by the
             6348      executive director of the Department of Natural Resources after consultation with statewide
             6349      wildlife and conservation organizations.
             6350          (c) The president of the Utah Association of Counties shall designate the chair of the
             6351      Public Lands Steering Committee, who must be an elected county commissioner or councilor,
             6352      to serve as the eleventh member of the nominating committee.
             6353          (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
             6354      term.
             6355          (b) Notwithstanding the requirements of Subsection (3)(a), the state board and the
             6356      governor shall, at the time of appointment or reappointment, adjust the length of terms to
             6357      ensure that the terms of committee members are staggered so that approximately half of the


             6358      committee is appointed every two years.
             6359          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             6360      appointed for the unexpired term.
             6361          (4) The nominating committee shall select a chair from its membership by majority
             6362      vote.
             6363          (5) (a) The nominating committee shall nominate at least two candidates for each
             6364      position or vacancy which occurs on the board of trustees except for the governor's appointee
             6365      under Subsection 53C-1-202 (5).
             6366          (b) The nominations shall be by majority vote of the committee.
             6367          [(6) (a) (i) Members who are not government employees shall receive no
             6368      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6369      the performance of the member's official duties at the rates established by the Division of
             6370      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6371          [(ii) Members may decline to receive per diem and expenses for their service.]
             6372          [(b) (i) State government officer and employee members who do not receive salary, per
             6373      diem, or expenses from their agency for their service may receive per diem and expenses
             6374      incurred in the performance of their official duties from the committee at the rates established
             6375      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6376          [(ii) State government officer and employee members may decline to receive per diem
             6377      and expenses for their service.]
             6378          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             6379      from the entity that they represent for their service may receive per diem and expenses
             6380      incurred in the performance of their official duties from the committee at the rates established
             6381      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6382          [(ii) Higher education members may decline to receive per diem and expenses for their
             6383      service.]
             6384          (6) A member may not receive compensation or benefits for the member's service, but
             6385      may receive per diem and travel expenses in accordance with:


             6386          (a) Section 63A-3-106 ;
             6387          (b) Section 63A-3-107 ; and
             6388          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6389      63A-3-107 .
             6390          Section 114. Section 54-8a-13 is amended to read:
             6391           54-8a-13. Underground Facilities Damage Dispute Board -- Arbitration --
             6392      Relationship with Public Service Commission.
             6393          (1) There is created within the commission the Underground Facilities Damage
             6394      Dispute Board to arbitrate a dispute arising from:
             6395          (a) an operator's or excavator's violation of this chapter; and
             6396          (b) damage caused by excavation during an emergency.
             6397          (2) The board consists of five members appointed by the governor as follows:
             6398          (a) one member from a list of names provided to the governor by a group representing
             6399      operators;
             6400          (b) one member from a list of names provided to the governor by the Associated
             6401      General Contractors;
             6402          (c) one member from a list of names provided to the governor by Blue Stakes of Utah;
             6403          (d) one member from a list of names provided to the governor by the Utah Home
             6404      Builders Association; and
             6405          (e) one member from the Division of Public Utilities.
             6406          (3) (a) A member of the board:
             6407          (i) shall be appointed for a three-year term; and
             6408          (ii) may continue to serve until the member's successor takes office.
             6409          (b) At the time of appointment, the governor shall stagger the terms of the members to
             6410      ensure that approximately 1/3 of the members of the board are reappointed each year.
             6411          (c) A vacancy in the board shall be filled:
             6412          (i) for the unexpired term; and
             6413          (ii) in the same manner as the board member is initially appointed.


             6414          (d) The board shall select an alternate for a specific board member to serve on a
             6415      specific case if it becomes necessary to replace a member who has a conflict of interest
             6416      because a dispute involves that member or that member's employer.
             6417          (4) Three members of the board constitute a quorum.
             6418          (5) The board may, upon agreement of the disputing parties, arbitrate a dispute
             6419      regarding damages, not including personal injury damages, arising between:
             6420          (a) an operator;
             6421          (b) an excavator;
             6422          (c) a property owner; or
             6423          (d) any other interested party.
             6424          (6) At least four members of the board shall be present and vote on an arbitration
             6425      decision.
             6426          (7) An arbitration before the board shall be consistent with Title 78B, Chapter 11,
             6427      Utah Uniform Arbitration Act.
             6428          (8) The prevailing party in an arbitration conducted under this section shall be
             6429      awarded its costs and attorney fees in an amount determined by the board.
             6430          [(9) (a) A member of the board who is not a state officer or employee or local
             6431      government officer or employee shall receive no compensation or benefits for the member's
             6432      service, but may receive per diem and expenses incurred in the performance of the member's
             6433      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             6434      63A-3-107 . Members may decline to receive per diem and expenses for their services.]
             6435          [(b) A state officer or employee or local government officer or employee member of
             6436      the board who does not receive salary, per diem, or expenses from their agency or employer for
             6437      their service on the board may receive per diem and expenses incurred in the performance of
             6438      the member's duties at the rates established by the Division of Finance under Sections
             6439      63A-3-106 and 63A-3-107 . State and local government officer or employee members may
             6440      decline to receive per diem and expenses for their services.]
             6441          (9) A member may not receive compensation or benefits for the member's service, but


             6442      may receive per diem and travel expenses in accordance with:
             6443          (a) Section 63A-3-106 ;
             6444          (b) Section 63A-3-107 ; and
             6445          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6446      63A-3-107 .
             6447          (10) The commission shall provide administrative support to the board.
             6448          Section 115. Section 54-10a-202 is amended to read:
             6449           54-10a-202. Committee of Consumer Services.
             6450          (1) (a) There is created within the office a committee known as the "Committee of
             6451      Consumer Services."
             6452          (b) A member of the committee shall maintain the member's principal residence within
             6453      Utah.
             6454          (2) (a) The governor shall appoint nine members to the committee subject to
             6455      Subsection (3).
             6456          (b) Except as required by Subsection (2)(c), as terms of current committee members
             6457      expire, the governor shall appoint a new member or reappointed member to a four-year term.
             6458          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
             6459      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             6460      committee members are staggered so that approximately half of the committee is appointed
             6461      every two years.
             6462          (d) When a vacancy occurs in the membership for any reason, the governor shall
             6463      appoint a replacement for the unexpired term.
             6464          (3) Members of the committee shall represent the following geographic and consumer
             6465      interests:
             6466          (a) one member shall be from Salt Lake City, Provo, or Ogden;
             6467          (b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;
             6468          (c) one member shall be from an unincorporated area of the state;
             6469          (d) one member shall be a low-income resident;


             6470          (e) one member shall be a retired person;
             6471          (f) one member shall be a small commercial consumer;
             6472          (g) one member shall be a farmer or rancher who uses electric power to pump water in
             6473      the member's farming or ranching operation;
             6474          (h) one member shall be a residential consumer; and
             6475          (i) one member shall be appointed to provide geographic diversity on the committee to
             6476      ensure to the extent possible that all areas of the state are represented.
             6477          (4) (a) No more than five members of the committee shall be from the same political
             6478      party.
             6479          (b) Subject to Subsection (3), for a member of the committee appointed on or after
             6480      May 12, 2009, the governor shall appoint, to the extent possible, an individual with expertise
             6481      or experience in:
             6482          (i) public utility matters related to consumers;
             6483          (ii) economics;
             6484          (iii) accounting;
             6485          (iv) financing;
             6486          (v) engineering; or
             6487          (vi) public utilities law.
             6488          (5) The governor shall designate one member as chair of the committee.
             6489          [(6) (a) A member of the committee may not receive compensation or benefits for the
             6490      member's services, but may receive per diem and expenses incurred in the performance of the
             6491      member's official duties at the rates established by the Division of Finance under Sections
             6492      63A-3-106 and 63A-3-107 .]
             6493          [(b) A member may decline to receive per diem and expenses for the member's
             6494      service.]
             6495          (6) A member may not receive compensation or benefits for the member's service, but
             6496      may receive per diem and travel expenses in accordance with:
             6497          (a) Section 63A-3-106 ;


             6498          (b) Section 63A-3-107 ; and
             6499          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6500      63A-3-107 .
             6501          (7) (a) The committee may hold monthly meetings.
             6502          (b) The committee may hold other meetings, at the times and places the chair and a
             6503      majority of the committee determine.
             6504          (8) (a) Five members of the committee constitute a quorum of the committee.
             6505          (b) A majority of members voting when a quorum is present constitutes an action of
             6506      the committee.
             6507          Section 116. Section 54-14-301 is amended to read:
             6508           54-14-301. Creation, purpose, and composition of board.
             6509          (1) The Utility Facility Review Board is created within the Department of Commerce
             6510      to resolve disputes between local governments and public utilities regarding the siting and
             6511      construction of facilities as provided in this part.
             6512          (2) The board shall be composed of:
             6513          (a) the three members of the commission;
             6514          (b) an individual appointed by the governor from a list of nominees of the Utah
             6515      League of Cities and Towns; and
             6516          (c) an individual appointed by the governor from a list of nominees of the Utah
             6517      Association of Counties.
             6518          (3) The chair of the commission shall serve as chair of the board.
             6519          (4) Members of the commission shall serve as members of the board during their terms
             6520      of office as commissioners and until their successors on the commission have been appointed
             6521      and taken office.
             6522          (5) (a) Members of the board who are not commissioners:
             6523          (i) shall have four-year terms, except the initial term of the individual first appointed
             6524      by the governor from nominees of the Utah Association of Counties shall be two years;
             6525          (ii) may be appointed for one succeeding term; and


             6526          (iii) may continue to serve until their successor takes office.
             6527          (b) Vacancies in the board of members who are not commissioners shall be filled for
             6528      the unexpired term.
             6529          (6) Three members of the board constitute a quorum.
             6530          (7) A member of the board may be removed for cause by the governor.
             6531          [(8) (a) (i) Members who are not state or local government employees shall receive no
             6532      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6533      the performance of the member's official duties at the rates established by the Division of
             6534      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6535          [(ii) Members may decline to receive per diem and expenses for their service.]
             6536          [(b) (i) State government officer and employee members who do not receive salary, per
             6537      diem, or expenses from their agency for their service may receive per diem and expenses
             6538      incurred in the performance of their official duties from the board at the rates established by
             6539      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6540          [(ii) State government officer and employee members may decline to receive per diem
             6541      and expenses for their service.]
             6542          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             6543      from their employer for their service on the board may receive per diem and expenses incurred
             6544      in the performance of their official duties at the rates established by the Division of Finance
             6545      under Sections 63A-3-106 and 63A-3-107 .]
             6546          [(ii) Local government members may decline to receive per diem and expenses for
             6547      their service.]
             6548          (8) A member may not receive compensation or benefits for the member's service, but
             6549      may receive per diem and travel expenses in accordance with:
             6550          (a) Section 63A-3-106 ;
             6551          (b) Section 63A-3-107 ; and
             6552          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6553      63A-3-107 .


             6554          Section 117. Section 58-1-201 is amended to read:
             6555           58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies --
             6556      Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
             6557      professional school teaching continuing education prohibited.
             6558          (1) (a) The executive director shall appoint the members of the boards established
             6559      under this title. In appointing these members the executive director shall give consideration to
             6560      recommendations by members of the respective occupations and professions and by their
             6561      organizations.
             6562          (b) Each board shall be composed of five members, four of whom shall be licensed or
             6563      certified practitioners in good standing of the occupation or profession the board represents,
             6564      and one of whom shall be a member of the general public, unless otherwise provided under the
             6565      specific licensing chapter.
             6566          (c) The names of all persons appointed to boards shall be submitted to the governor for
             6567      confirmation or rejection. If an appointee is rejected by the governor, the executive director
             6568      shall appoint another person in the same manner as set forth in Subsection (1)(a).
             6569          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             6570      expire, the executive director shall appoint each new member or reappointed member to a
             6571      four-year term.
             6572          (b) Notwithstanding the requirements of Subsection (2)(a), the executive director
             6573      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             6574      terms of board members are staggered so that approximately half of the board is appointed
             6575      every two years.
             6576          (c) A board member may not serve more than two consecutive terms, and a board
             6577      member who ceases to serve on a board may not serve again on that board until after the
             6578      expiration of a two-year period beginning from that cessation of service.
             6579          (d) (i) When a vacancy occurs in the membership for any reason, the replacement shall
             6580      be appointed for the unexpired term.
             6581          (ii) After filling that term, the replacement member may be appointed for only one


             6582      additional full term.
             6583          (e) If a board member fails or refuses to fulfill the responsibilities and duties of a
             6584      board member, including the attendance at board meetings, the executive director with the
             6585      approval of the board may remove the board member and replace the member in accordance
             6586      with this section.
             6587          (3) A majority of the board members constitutes a quorum. A quorum is sufficient
             6588      authority for the board to act.
             6589          [(4) (a) (i) Members who are not government employees shall receive no
             6590      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6591      the performance of the member's official duties at the rates established by the Division of
             6592      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6593          [(ii) Members may decline to receive per diem and expenses for their service.]
             6594          [(b) (i) State government officer and employee members who do not receive salary, per
             6595      diem, or expenses from their agency for their service may receive per diem and expenses
             6596      incurred in the performance of their official duties from the board at the rates established by
             6597      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6598          [(ii) State government officer and employee members may decline to receive per diem
             6599      and expenses for their service.]
             6600          (4) A member may not receive compensation or benefits for the member's service, but
             6601      may receive per diem and travel expenses in accordance with:
             6602          (a) Section 63A-3-106 ;
             6603          (b) Section 63A-3-107 ; and
             6604          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6605      63A-3-107 .
             6606          (5) Each board shall annually designate one of its members to serve as chair for a
             6607      one-year period.
             6608          (6) A board member may not be a member of the faculty of or have any financial
             6609      interest in any vocational or professional college or school which provides continuing


             6610      education to any licensee if that continuing education is required by statute or rule.
             6611          Section 118. Section 58-1-402 is amended to read:
             6612           58-1-402. Administrative review -- Special appeals boards.
             6613          (1) (a) Any applicant who has been denied a license to practice on the basis of
             6614      credentials, character, or failure to pass a required examination, or who has been refused
             6615      renewal or reinstatement of a license to practice on the basis that the applicant does not meet
             6616      qualifications for continued licensure in any occupation or profession under the jurisdiction of
             6617      the division may submit a request for agency review to the executive director within 30 days
             6618      following notification of the denial of a license or refusal to renew or reinstate a license.
             6619          (b) The executive director shall determine whether the circumstances for denying an
             6620      application for an initial license or for renewal or reinstatement of a license would justify
             6621      calling a special appeals board under Subsection (2). The executive director's decision is not
             6622      subject to agency review.
             6623          (2) A special appeals board shall consist of three members appointed by the executive
             6624      director as follows:
             6625          (a) one member from the occupation or profession in question who is not on the board
             6626      of that occupation or profession;
             6627          (b) one member from the general public who is neither an attorney nor a practitioner in
             6628      an occupation or profession regulated by the division; and
             6629          (c) one member who is a resident lawyer currently licensed to practice law in this state
             6630      who shall serve as chair of the special appeals board.
             6631          (3) The special appeals board shall comply with the procedures and requirements of
             6632      Title 63G, Chapter 4, Administrative Procedures Act, in its proceedings.
             6633          (4) (a) Within a reasonable amount of time following the conclusion of a hearing
             6634      before a special appeals board, the board shall enter an order based upon the record developed
             6635      at the hearing. The order shall state whether a legal basis exists for denying the application for
             6636      an initial license or for renewal or reinstatement of a license that is the subject of the appeal.
             6637      The order is not subject to further agency review.


             6638          (b) The division or the applicant may obtain judicial review of the decision of the
             6639      special appeals board in accordance with Sections 63G-4-401 and 63G-4-403 .
             6640          [(5) (a) Members shall receive no compensation or benefits for their services, but may
             6641      receive per diem and expenses incurred in the performance of the member's official duties at
             6642      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6643          [(b) Members may decline to receive per diem and expenses for their service.]
             6644          (5) A member may not receive compensation or benefits for the member's service, but
             6645      may receive per diem and travel expenses in accordance with:
             6646          (a) Section 63A-3-106 ;
             6647          (b) Section 63A-3-107 ; and
             6648          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6649      63A-3-107 .
             6650          (6) If an applicant under Subsection (1) is not given a special appeals board, the
             6651      applicant shall be given agency review under the ordinary agency review procedures specified
             6652      by rule.
             6653          Section 119. Section 58-54-3 is amended to read:
             6654           58-54-3. Board created -- Membership -- Duties.
             6655          (1) There is created a Radiology Technologist Licensing Board consisting of seven
             6656      members as follows:
             6657          (a) four licensed radiology technologists;
             6658          (b) one licensed radiology practical technician;
             6659          (c) one radiologist; and
             6660          (d) one member from the general public.
             6661          (2) The board shall be appointed in accordance with Section 58-1-201 .
             6662          (3) The duties and responsibilities of the board shall be in accordance with Sections
             6663      58-1-202 and 58-1-203 .
             6664          (4) In accordance with Subsection 58-1-203 (6), there is established an advisory peer
             6665      committee to the board consisting of eight members broadly representative of the state and


             6666      including:
             6667          (a) one licensed physician and surgeon who is not a radiologist and who uses
             6668      radiology equipment in a rural office-based practice, appointed from among recommendations
             6669      of the Physicians Licensing Board;
             6670          (b) one licensed physician and surgeon who is not a radiologist and who uses
             6671      radiology equipment in an urban office-based practice, appointed from among
             6672      recommendations of the Physicians Licensing Board;
             6673          (c) one licensed physician and surgeon who is a radiologist practicing in radiology,
             6674      appointed from among recommendations of the Physicians Licensing Board;
             6675          (d) one licensed osteopathic physician, appointed from among recommendations of
             6676      the Osteopathic Physicians Licensing Board;
             6677          (e) one licensed chiropractic physician, appointed from among recommendations of
             6678      the Chiropractors Licensing Board;
             6679          (f) one licensed podiatric physician, appointed from among recommendations of the
             6680      Podiatric Physician Board;
             6681          (g) one representative of the state agency with primary responsibility for regulation of
             6682      sources of radiation, recommended by that agency; and
             6683          (h) one representative of a general acute hospital, as defined in Section 26-21-2 , that is
             6684      located in a rural area of the state.
             6685          (5) (a) Except as required by Subsection (5)(b), members of the advisory peer
             6686      committee shall be appointed to four-year terms by the director in collaboration with the board
             6687      from among the recommendations.
             6688          (b) Notwithstanding the requirements of Subsection (5)(a), the director shall, at the
             6689      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             6690      committee members are staggered so that approximately half of the committee is appointed
             6691      every two years.
             6692          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             6693      appointed for the unexpired term.


             6694          [(6) (a) (i) Members who are not government employees shall receive no
             6695      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6696      the performance of the member's official duties at the rates established by the Division of
             6697      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6698          [(ii) Members may decline to receive per diem and expenses for their service.]
             6699          [(b) (i) State government officer and employee members who do not receive salary, per
             6700      diem, or expenses from their agency for their service may receive per diem and expenses
             6701      incurred in the performance of their official duties from the committee at the rates established
             6702      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6703          [(ii) State government officer and employee members may decline to receive per diem
             6704      and expenses for their service.]
             6705          (6) A member may not receive compensation or benefits for the member's service, but
             6706      may receive per diem and travel expenses in accordance with:
             6707          (a) Section 63A-3-106 ;
             6708          (b) Section 63A-3-107 ; and
             6709          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6710      63A-3-107 .
             6711          (7) The duties, responsibilities, and scope of authority of the advisory peer committee
             6712      are:
             6713          (a) to advise the board with respect to the board's fulfillment of its duties, functions,
             6714      and responsibilities under Sections 58-1-202 and 58-1-203 ; and
             6715          (b) to advise the division with respect to the examination the division is to adopt by
             6716      rule, by which a radiology practical technician may qualify for licensure under Section
             6717      58-54-5 .
             6718          Section 120. Section 58-55-103 is amended to read:
             6719           58-55-103. Construction Services Commission created -- Functions --
             6720      Appointment -- Qualifications and terms of members -- Vacancies -- Expenses --
             6721      Meetings.


             6722          (1) (a) There is created within the division the Construction Services Commission.
             6723          (b) The commission shall:
             6724          (i) with the concurrence of the director, make reasonable rules under Title 63G,
             6725      Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which
             6726      are consistent with this chapter including:
             6727          (A) licensing of various licensees;
             6728          (B) examination requirements and administration of the examinations, to include
             6729      approving and establishing a passing score for applicant examinations;
             6730          (C) standards of supervision for students or persons in training to become qualified to
             6731      obtain a license in the trade they represent; and
             6732          (D) standards of conduct for various licensees;
             6733          (ii) approve or disapprove fees adopted by the division under Section 63J-1-504 ;
             6734          (iii) except where the boards conduct them, conduct all administrative hearings not
             6735      delegated to an administrative law judge relating to the licensing of any applicant;
             6736          (iv) except as otherwise provided in Sections 38-11-207 and 58-55-503 , with the
             6737      concurrence of the director, impose sanctions against licensees and certificate holders with the
             6738      same authority as the division under Section 58-1-401 ;
             6739          (v) advise the director on the administration and enforcement of any matters affecting
             6740      the division and the construction industry;
             6741          (vi) advise the director on matters affecting the division budget;
             6742          (vii) advise and assist trade associations in conducting construction trade seminars
             6743      and industry education and promotion; and
             6744          (viii) perform other duties as provided by this chapter.
             6745          (2) (a) Initially the commission shall be comprised of the five members of the
             6746      Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing
             6747      Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
             6748          (b) The terms of office of the commission members who are serving on the
             6749      Contractors Licensing Board shall continue as they serve on the commission.


             6750          (c) Beginning July 1, 2004, the commission shall be comprised of nine members
             6751      appointed by the executive director with the approval of the governor from the following
             6752      groups:
             6753          (i) one member shall be a licensed general engineering contractor;
             6754          (ii) one member shall be a licensed general building contractor;
             6755          (iii) two members shall be licensed residential and small commercial contractors;
             6756          (iv) three members shall be the three chair persons from the Plumbers Licensing
             6757      Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board;
             6758      and
             6759          (v) two members shall be from the general public, provided, however that the certified
             6760      public accountant on the Contractors Licensing Board will continue to serve until the current
             6761      term expires, after which both members under this Subsection (2)(c)(v) shall be appointed
             6762      from the general public.
             6763          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             6764      members expire, the executive director with the approval of the governor shall appoint each
             6765      new member or reappointed member to a four-year term ending June 30.
             6766          (b) Notwithstanding the requirements of Subsection (3)(a), the executive director with
             6767      the approval of the governor shall, at the time of appointment or reappointment, adjust the
             6768      length of terms to stagger the terms of commission members so that approximately 1/2 of the
             6769      commission members are appointed every two years.
             6770          (c) A commission member may not serve more than two consecutive terms.
             6771          (4) The commission shall elect annually one of its members as chair, for a term of one
             6772      year.
             6773          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             6774      appointed for the unexpired term.
             6775          [(6) (a) Members may not receive compensation or benefits for their services, but may
             6776      receive per diem and expenses incurred in the performance of the members' official duties at
             6777      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             6778          [(b) Members may decline to receive per diem and expenses for their service.]
             6779          (6) A member may not receive compensation or benefits for the member's service, but
             6780      may receive per diem and travel expenses in accordance with:
             6781          (a) Section 63A-3-106 ;
             6782          (b) Section 63A-3-107 ; and
             6783          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6784      63A-3-107 .
             6785          (7) (a) The commission shall meet at least monthly unless the director determines
             6786      otherwise.
             6787          (b) The director may call additional meetings at the director's discretion, upon the
             6788      request of the chair, or upon the written request of four or more commission members.
             6789          (8) (a) Five members constitute a quorum for the transaction of business.
             6790          (b) If a quorum is present when a vote is taken, the affirmative vote of commission
             6791      members present is the act of the commission.
             6792          (9) The commission shall comply with the procedures and requirements of Title 13,
             6793      Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures
             6794      Act, in all of its adjudicative proceedings.
             6795          Section 121. Section 58-56-5 is amended to read:
             6796           58-56-5. Uniform Building Code Commission -- Composition of commission --
             6797      Commission duties and responsibilities.
             6798          (1) There is established a Uniform Building Code Commission to advise the division
             6799      with respect to the division's responsibilities in administering the codes under this chapter.
             6800          (2) The commission shall be appointed by the executive director who shall submit
             6801      those nominations to the governor for confirmation or rejection. If a nominee is rejected,
             6802      alternative names shall be submitted until confirmation is received. Following confirmation
             6803      by the governor, the appointment is effective.
             6804          (3) The commission shall consist of 11 members who shall be appointed in accordance
             6805      with the following:


             6806          (a) one member shall be from among candidates nominated by the Utah League of
             6807      Cities and Towns and the Utah Association of Counties;
             6808          (b) one member shall be a licensed building inspector employed by a political
             6809      subdivision of the state;
             6810          (c) one member shall be a licensed professional engineer;
             6811          (d) one member shall be a licensed architect;
             6812          (e) one member shall be a fire official;
             6813          (f) three members shall be contractors licensed by the state, of which one shall be a
             6814      general contractor, one an electrical contractor, and one a plumbing contractor;
             6815          (g) two members shall be from the general public and have no affiliation with the
             6816      construction industry or real estate development industry; and
             6817          (h) one member shall be from the Division of Facilities Construction Management,
             6818      Department of Administrative Services.
             6819          (4) (a) Except as required by Subsection (4)(b), as terms of current commission
             6820      members expire, the executive director shall appoint each new member or reappointed member
             6821      to a four-year term.
             6822          (b) Notwithstanding the requirements of Subsection (4)(a), the executive director
             6823      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             6824      terms of commission members are staggered so that approximately half of the commission is
             6825      appointed every two years.
             6826          (5) When a vacancy occurs in the membership for any reason, the executive director
             6827      shall appoint a replacement for the unexpired term.
             6828          (6) No commission member may serve more than two full terms, and no commission
             6829      member who ceases to serve may again serve on the commission until after the expiration of
             6830      two years from the date of cessation of service.
             6831          (7) A majority of the commission members shall constitute a quorum and may act on
             6832      behalf of the commission.
             6833          [(8) (a) (i) Members who are not government employees shall receive no


             6834      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6835      the performance of the member's official duties at the rates established by the Division of
             6836      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6837          [(ii) Members may decline to receive per diem and expenses for their service.]
             6838          [(b) (i) State government officer and employee members who do not receive salary, per
             6839      diem, or expenses from their agency for their service may receive per diem and expenses
             6840      incurred in the performance of their official duties from the commission at the rates
             6841      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             6842          [(ii) State government officer and employee members may decline to receive per diem
             6843      and expenses for their service.]
             6844          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             6845      from the entity that they represent for their service may receive per diem and expenses
             6846      incurred in the performance of their official duties at the rates established by the Division of
             6847      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6848          [(ii) Local government members may decline to receive per diem and expenses for
             6849      their service.]
             6850          (8) A member may not receive compensation or benefits for the member's service, but
             6851      may receive per diem and travel expenses in accordance with:
             6852          (a) Section 63A-3-106 ;
             6853          (b) Section 63A-3-107 ; and
             6854          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6855      63A-3-107 .
             6856          (9) (a) The commission shall annually designate one of its members to serve as chair
             6857      of the commission.
             6858          (b) The division shall provide a secretary to facilitate the function of the commission
             6859      and to record its actions and recommendations.
             6860          (10) The commission shall:
             6861          (a) in accordance with Section 58-56-4 , make a report to the Business and Labor


             6862      Interim Committee by no later than November 30 of each year;
             6863          (b) ensure that the report includes recommendations as to whether or not the
             6864      Legislature should take legislative action, excluding any recommendations on the fire code;
             6865          (c) offer an opinion regarding the interpretation of or the application of an adopted
             6866      code, excluding the fire code, or an approved code if a party submits a request for an opinion;
             6867          (d) act as an appeals board as provided in Section 58-56-8 ;
             6868          (e) establish advisory peer committees on either a standing or ad hoc basis to advise
             6869      the commission with respect to matters related to an adopted code, excluding the fire code, or
             6870      approved code, including a committee to advise the commission regarding health matters
             6871      related to the plumbing code; and
             6872          (f) assist the division in overseeing code-related training in accordance with Section
             6873      58-56-9 .
             6874          (11) A party requesting an opinion under Subsection (10)(c) shall submit a formal
             6875      request clearly stating:
             6876          (a) the facts in question;
             6877          (b) the specific code citation at issue; and
             6878          (c) the position taken by all parties.
             6879          Section 122. Section 59-1-905 is amended to read:
             6880           59-1-905. Per diem and travel expenses -- Recommendations.
             6881          [(1) (a) (i) Members who are not government employees shall receive no
             6882      compensation or benefits for their services, but may receive per diem and expenses incurred in
             6883      the performance of the member's official duties at the rates established by the Division of
             6884      Finance under Sections 63A-3-106 and 63A-3-107 .]
             6885          [(ii) Members may decline to receive per diem and expenses for their service.]
             6886          [(b) (i) State government officer and employee members who do not receive salary, per
             6887      diem, or expenses from their agency for their service may receive per diem and expenses
             6888      incurred in the performance of their official duties from the commission at the rates
             6889      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             6890          [(ii) State government officer and employee members may decline to receive per diem
             6891      and expenses for their service.]
             6892          [(c) Legislators on the committee shall receive compensation and expenses as provided
             6893      by law and legislative rule.]
             6894          (1) A member may not receive compensation or benefits for the member's service, but
             6895      may receive per diem and travel expenses in accordance with:
             6896          (a) Section 63A-3-106 ;
             6897          (b) Section 63A-3-107 ; and
             6898          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6899      63A-3-107 .
             6900          (2) Prior to the convening of the Legislature in annual general session, the review
             6901      commission shall submit its recommendations to the members of the Legislature and to the
             6902      governor.
             6903          Section 123. Section 61-1-18.5 is amended to read:
             6904           61-1-18.5. Securities Commission -- Transition.
             6905          (1) (a) There is created a Securities Commission.
             6906          (b) The division shall provide staffing to the commission.
             6907          (2) (a) The commission shall:
             6908          (i) formulate and make recommendations to the director regarding policy and
             6909      budgetary matters;
             6910          (ii) submit recommendations regarding registration requirements;
             6911          (iii) formulate and make recommendations to the director regarding the establishment
             6912      of reasonable fees;
             6913          (iv) act in an advisory capacity to the director with respect to the exercise of the
             6914      director's duties, powers, and responsibilities;
             6915          (v) conduct an administrative hearing under this chapter that is not:
             6916          (A) delegated by the commission to an administrative law judge or the division
             6917      relating to a violation of this chapter; or


             6918          (B) expressly delegated to the division under this chapter;
             6919          (vi) except as provided in Subsection (2)(b), impose a sanction as provided in this
             6920      chapter;
             6921          (vii) review rules made by the division for purposes of concurrence in accordance with
             6922      Section 61-1-24 ; and
             6923          (viii) perform other duties as this chapter provides.
             6924          (b) (i) The commission may delegate to the division the authority to impose a sanction
             6925      under this chapter.
             6926          (ii) If under Subsection (2)(b)(i) the commission delegates to the division the authority
             6927      to impose a sanction, a person who is subject to the sanction may petition the commission for
             6928      review of the sanction.
             6929          (iii) A person who is sanctioned by the division in accordance with this Subsection
             6930      (2)(b) may seek agency review by the executive director only after the commission reviews the
             6931      division's action.
             6932          (3) (a) The governor shall appoint five members to the commission with the consent of
             6933      the Senate as follows:
             6934          (i) two members from the securities brokerage community:
             6935          (A) who are not from the same broker-dealer or affiliate; and
             6936          (B) who have at least five years prior experience in securities matters;
             6937          (ii) one member from the securities section of the Utah State Bar:
             6938          (A) whose practice primarily involves:
             6939          (I) corporate securities; or
             6940          (II) representation of plaintiffs in securities cases;
             6941          (B) who does not routinely represent clients involved in:
             6942          (I) civil or administrative litigation with the division; or
             6943          (II) criminal cases brought under this chapter; and
             6944          (C) who has at least five years prior experience in securities matters;
             6945          (iii) one member who is an officer or director of a business entity not subject to the


             6946      reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and
             6947          (iv) one member from the public at large who has no active participation in the
             6948      securities business.
             6949          (b) A member may not serve more than two consecutive terms.
             6950          (4) (a) Except as required by Subsection (4)(b) and subject to Subsection (4)(c), as
             6951      terms of current members expire, the governor shall appoint a new member or reappointed
             6952      member to a four-year term.
             6953          (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
             6954      or reappointment, adjust the length of terms to ensure that the terms of commission members
             6955      are staggered so that approximately half of the commission is appointed every two years.
             6956          (c) For purposes of making an appointment to the commission, the governor:
             6957          (i) shall as of May 12, 2009:
             6958          (A) appoint all five members of the commission; and
             6959          (B) stagger the terms of the five members of the commission to comply with
             6960      Subsection (4)(b); and
             6961          (ii) may not consider the commission an extension of the previous Securities Advisory
             6962      Board.
             6963          (d) When a vacancy occurs in the membership for any reason, the governor shall
             6964      appoint a replacement member for the unexpired term.
             6965          (e) A member shall serve until the member's respective successor is appointed and
             6966      qualified.
             6967          (f) The commission shall annually select one member to serve as chair of the
             6968      commission.
             6969          (5) (a) The commission shall meet:
             6970          (i) at least quarterly on a regular date to be fixed by the commission; and
             6971          (ii) at such other times at the call of:
             6972          (A) the director; or
             6973          (B) any two members of the commission.


             6974          (b) A majority of the commission shall constitute a quorum for the transaction of
             6975      business.
             6976          (c) An action of the commission requires a vote of a majority of members present.
             6977          (6) A member of the commission shall, by sworn and written statement filed with the
             6978      Department of Commerce and the lieutenant governor, disclose any position of employment or
             6979      ownership interest that the member has with respect to an entity or business subject to the
             6980      jurisdiction of the division or commission. This statement shall be filed upon appointment
             6981      and must be appropriately amended whenever significant changes occur in matters covered by
             6982      the statement.
             6983          [(7) (a) A member may not receive compensation or benefits for the member's
             6984      services, but may receive per diem and expenses incurred in the performance of the member's
             6985      official duties at the rates established by the Division of Finance under Sections 63A-3-106
             6986      and 63A-3-107 .]
             6987          [(b) A member may decline to receive per diem and expenses for the member's
             6988      service.]
             6989          (7) A member may not receive compensation or benefits for the member's service, but
             6990      may receive per diem and travel expenses in accordance with:
             6991          (a) Section 63A-3-106 ;
             6992          (b) Section 63A-3-107 ; and
             6993          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             6994      63A-3-107 .
             6995          (8) (a) A rule or form made by the division under this section that is in effect on May
             6996      11, 2009, is considered to have been concurred with by the commission as of May 12, 2009,
             6997      until the commission acts on the rule or form.
             6998          (b) For a civil or administrative action pending under this chapter as of May 12, 2009,
             6999      brought under the authority of division under this chapter as in effect May 11, 2009 that may
             7000      be brought only by the commission under this chapter as in effect on May 12, 2009:
             7001          (i) the action shall be considered brought by the commission; and


             7002          (ii) the commission may take any act authorized under this chapter regarding that
             7003      action.
             7004          Section 124. Section 61-2-5.5 is amended to read:
             7005           61-2-5.5. Real Estate Commission.
             7006          (1) There is created within the division a Real Estate Commission. The commission
             7007      shall:
             7008          (a) make rules for the administration of this chapter that are not inconsistent with this
             7009      chapter, including:
             7010          (i) licensing of:
             7011          (A) principal brokers;
             7012          (B) associate brokers;
             7013          (C) sales agents;
             7014          (D) real estate companies; and
             7015          (E) branch offices;
             7016          (ii) prelicensing and postlicensing education curricula;
             7017          (iii) examination procedures;
             7018          (iv) the certification and conduct of:
             7019          (A) real estate schools;
             7020          (B) course providers; and
             7021          (C) instructors;
             7022          (v) proper handling of funds received by real estate licensees;
             7023          (vi) brokerage office procedures and recordkeeping requirements;
             7024          (vii) property management;
             7025          (viii) standards of conduct for real estate licensees;
             7026          (ix) rules made under Section 61-2-26 regarding an undivided fractionalized long-term
             7027      estate; and
             7028          (x) if the commission determines necessary, rules as provided in Subsection
             7029      61-2-20 (3) regarding legal forms;


             7030          (b) establish, with the concurrence of the division, all fees as provided in this chapter
             7031      and Title 61, Chapter 2a, Real Estate Recovery Fund Act;
             7032          (c) conduct all administrative hearings not delegated by the commission to an
             7033      administrative law judge or the division relating to the:
             7034          (i) licensing of any applicant;
             7035          (ii) conduct of any licensee;
             7036          (iii) the certification or conduct of any real estate school, course provider, or instructor
             7037      regulated under this chapter; or
             7038          (iv) violation of this chapter by any person;
             7039          (d) with the concurrence of the director, impose sanctions as provided in Section
             7040      61-2-12 ;
             7041          (e) advise the director on the administration and enforcement of any matters affecting
             7042      the division and the real estate sales and property management industries;
             7043          (f) advise the director on matters affecting the division budget;
             7044          (g) advise and assist the director in conducting real estate seminars; and
             7045          (h) perform other duties as provided by:
             7046          (i) this chapter; and
             7047          (ii) Title 61, Chapter 2a, Real Estate Recovery Fund Act.
             7048          (2) (a) The commission shall be comprised of five members appointed by the governor
             7049      and approved by the Senate.
             7050          (b) Four of the commission members shall:
             7051          (i) have at least five years' experience in the real estate business; and
             7052          (ii) hold an active principal broker, associate broker, or sales agent license.
             7053          (c) One commission member shall be a member of the general public.
             7054          (d) No more than one commission member described in Subsection (2)(b) shall at the
             7055      time of appointment reside in any given county in the state.
             7056          (e) At least one commission member described in Subsection (2)(b) shall at the time of
             7057      an appointment reside in a county that is not a county of the first or second class.


             7058          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             7059      members expire, the governor shall appoint each new member or reappointed member to a
             7060      four-year term ending June 30.
             7061          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             7062      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             7063      commission members are staggered so that approximately half of the commission is appointed
             7064      every two years.
             7065          (c) Upon the expiration of the term of a member of the commission, the member of the
             7066      commission shall continue to hold office until a successor is appointed and qualified.
             7067          (d) A commission member may not serve more than two consecutive terms.
             7068          (e) Members of the commission shall annually select one member to serve as chair.
             7069          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             7070      appointed for the unexpired term.
             7071          [(5) (a) A member may not receive compensation or benefits for the member's
             7072      services, but may receive per diem and expenses incurred in the performance of the member's
             7073      official duties at the rates established by the Division of Finance under Sections 63A-3-106
             7074      and 63A-3-107 .]
             7075          [(b) A member may decline to receive per diem and expenses for the member's
             7076      service.]
             7077          (5) A member may not receive compensation or benefits for the member's service, but
             7078      may receive per diem and travel expenses in accordance with:
             7079          (a) Section 63A-3-106 ;
             7080          (b) Section 63A-3-107 ; and
             7081          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7082      63A-3-107 .
             7083          (6) (a) The commission shall meet at least monthly.
             7084          (b) The director may call additional meetings:
             7085          (i) at the director's discretion;


             7086          (ii) upon the request of the chair; or
             7087          (iii) upon the written request of three or more commission members.
             7088          (7) Three members of the commission constitute a quorum for the transaction of
             7089      business.
             7090          Section 125. Section 61-2b-7 is amended to read:
             7091           61-2b-7. Real Estate Appraiser Licensing and Certification Board.
             7092          (1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
             7093      which shall consist of five regular members as follows:
             7094          (i) one state-licensed or state-certified appraiser who may be either a residential or
             7095      general licensee or certificate holder;
             7096          (ii) one state-certified residential appraiser;
             7097          (iii) one state-certified general appraiser;
             7098          (iv) one member who is certified as either a state-certified residential appraiser or a
             7099      state-certified general appraiser; and
             7100          (v) one member of the general public.
             7101          (b) A state-licensed or state-certified appraiser may be appointed as an alternate
             7102      member of the board.
             7103          (c) The governor shall appoint all members of the board with the consent of the
             7104      Senate.
             7105          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             7106      expire, the governor shall appoint each new member or reappointed member to a four-year
             7107      term beginning on July 1.
             7108          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             7109      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             7110      board members are staggered so that approximately half of the board is appointed every two
             7111      years.
             7112          (c) Upon the expiration of a member's term, a member of the board shall continue to
             7113      hold office until the appointment and qualification of the member's successor.


             7114          (d) A person may not serve as a member of the board for more than two consecutive
             7115      terms.
             7116          (3) (a) When a vacancy occurs in the membership for any reason, the replacement
             7117      shall be appointed for the unexpired term.
             7118          (b) The governor may remove a board member for cause.
             7119          (4) The public member of the board may not be licensed or certified under this
             7120      chapter.
             7121          (5) The board shall meet at least quarterly to conduct its business. Public notice shall
             7122      be given for all board meetings.
             7123          (6) The members of the board shall elect a chair annually from among the members to
             7124      preside at board meetings.
             7125          [(7) (a) A member who is not a government employee may not receive compensation
             7126      or benefits for the member's services, but may receive per diem and expenses incurred in the
             7127      performance of the member's official duties at the rates established by the Division of Finance
             7128      under Sections 63A-3-106 and 63A-3-107 .]
             7129          [(b) A member may decline to receive per diem and expenses for the member's
             7130      service.]
             7131          (7) A member may not receive compensation or benefits for the member's service, but
             7132      may receive per diem and travel expenses in accordance with:
             7133          (a) Section 63A-3-106 ;
             7134          (b) Section 63A-3-107 ; and
             7135          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7136      63A-3-107 .
             7137          (8) (a) Three members of the board shall constitute a quorum for the transaction of
             7138      business.
             7139          (b) If a quorum of members is unavailable for any meeting, the alternate member of
             7140      the board, if any, shall serve as a regular member of the board for that meeting if with the
             7141      presence of the alternate member a quorum is present at the meeting.


             7142          Section 126. Section 61-2c-104 is amended to read:
             7143           61-2c-104. Residential Mortgage Regulatory Commission.
             7144          (1) (a) There is created within the division the "Residential Mortgage Regulatory
             7145      Commission" consisting of the following members appointed by the executive director with
             7146      the approval of the governor:
             7147          (i) four members who:
             7148          (A) have at least three years of experience in transacting the business of residential
             7149      mortgage loans; and
             7150          (B) are licensed under this chapter at the time of and during appointment; and
             7151          (ii) one member from the general public.
             7152          (b) (i) The executive director with the approval of the governor may appoint an
             7153      alternate member to the board.
             7154          (ii) The alternate member shall:
             7155          (A) at the time of the appointment, have at least three years of experience in
             7156      transacting the business of residential mortgage loans; and
             7157          (B) be licensed under this chapter at the time of and during appointment.
             7158          (2) (a) Except as required by Subsection (2)(b), the executive director shall appoint a
             7159      new member or reappointed member subject to appointment by the executive director to a
             7160      four-year term ending June 30.
             7161          (b) Notwithstanding the requirements of Subsection (2)(a), the executive director
             7162      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             7163      terms of commission members are staggered so that approximately half of the commission is
             7164      appointed every two years.
             7165          (c) If a vacancy occurs in the membership of the commission for any reason, the
             7166      executive director shall appoint a replacement for the unexpired term.
             7167          (d) A member shall remain on the commission until the member's successor is
             7168      appointed and qualified.
             7169          (3) Members of the commission shall annually select one member to serve as chair.


             7170          (4) (a) The commission shall meet at least quarterly.
             7171          (b) The director may call a meeting in addition to the meetings required by Subsection
             7172      (4)(a):
             7173          (i) at the discretion of the director;
             7174          (ii) at the request of the chair of the commission; or
             7175          (iii) at the written request of three or more commission members.
             7176          (5) (a) Three members of the commission constitute a quorum for the transaction of
             7177      business.
             7178          (b) If a quorum of members is unavailable for any meeting and an alternate member is
             7179      appointed to the commission by the executive director with the approval of the governor, the
             7180      alternate member shall serve as a regular member of the commission for that meeting if with
             7181      the presence of the alternate member there is a quorum present at the meeting.
             7182          (c) The action of a majority of a quorum present is an action of the commission.
             7183          [(6) (a) (i) A member who is not a government employee may not receive
             7184      compensation or benefits for the member's services, but may receive per diem and expenses
             7185      incurred in the performance of the member's official duties at the rates established by the
             7186      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7187          [(ii) A member who is not a government employee may decline to receive per diem
             7188      and expenses for the member's service.]
             7189          [(b) (i) A state government officer and employee member who does not receive salary,
             7190      per diem, or expenses from the member's agency for the member's service may receive per
             7191      diem and expenses incurred in the performance of the member's official duties from the
             7192      commission at the rates established by the Division of Finance under Sections 63A-3-106 and
             7193      63A-3-107 .]
             7194          [(ii) A state government officer and employee member may decline to receive per
             7195      diem and expenses for the member's service.]
             7196          (6) A member may not receive compensation or benefits for the member's service, but
             7197      may receive per diem and travel expenses in accordance with:


             7198          (a) Section 63A-3-106 ;
             7199          (b) Section 63A-3-107 ; and
             7200          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7201      63A-3-107 .
             7202          (7) In addition to a duty or power expressly provided for elsewhere in this chapter, the
             7203      commission shall:
             7204          (a) except as provided in Subsection 61-2c-202 (2), concur in the licensure or denial of
             7205      licensure of a person under this chapter in accordance with Part 2, Licensure;
             7206          (b) take disciplinary action with the concurrence of the director in accordance with
             7207      Part 4, Enforcement; and
             7208          (c) advise the division concerning matters related to the administration and
             7209      enforcement of this chapter.
             7210          Section 127. Section 62A-1-107 is amended to read:
             7211           62A-1-107. Boards within department -- Members, appointment, terms,
             7212      vacancies, chairperson, compensation, meetings, quorum.
             7213          (1) Each board described in Section 62A-1-105 shall have seven members who are
             7214      appointed by the governor with the consent of the Senate.
             7215          (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
             7216      term of four years, and is eligible for one reappointment.
             7217          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             7218      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             7219      board members are staggered so that approximately half of the board is appointed every two
             7220      years.
             7221          (c) Board members shall continue in office until the expiration of their terms and until
             7222      their successors are appointed, which may not exceed 90 days after the formal expiration of a
             7223      term.
             7224          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             7225      appointed for the unexpired term.


             7226          (3) No more than four members of any board may be from the same political party.
             7227      Each board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
             7228      on the basis of their active interest, experience, and demonstrated ability to deal with issues
             7229      related to their specific boards.
             7230          (4) Each board shall annually elect a chairperson from its membership. Each board
             7231      shall hold meetings at least once every three months. Within budgetary constraints, meetings
             7232      may be held from time to time on the call of the chairperson or of the majority of the members
             7233      of any board. Four members of a board are necessary to constitute a quorum at any meeting,
             7234      and, if a quorum exists, the action of the majority of members present shall be the action of the
             7235      board.
             7236          [(5) (a) Members shall receive no compensation or benefits for their services, but may,
             7237      at the executive director's discretion, receive per diem and expenses incurred in the
             7238      performance of the member's official duties at the rates established by the Division of Finance
             7239      under Sections 63A-3-106 and 63A-3-107 .]
             7240          [(b) Members may decline to receive per diem and expenses for their service.]
             7241          (5) A member may not receive compensation or benefits for the member's service, but,
             7242      at the executive director's discretion, may receive per diem and travel expenses in accordance
             7243      with:
             7244          (a) Section 63A-3-106 ;
             7245          (b) Section 63A-3-107 ; and
             7246          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7247      63A-3-107 .
             7248          (6) Each board shall adopt bylaws governing its activities. Bylaws shall include
             7249      procedures for removal of a board member who is unable or unwilling to fulfill the
             7250      requirements of his appointment.
             7251          (7) The board has program policymaking authority for the division over which it
             7252      presides.
             7253          Section 128. Section 62A-3-107 is amended to read:


             7254           62A-3-107. Requirements for establishing division policy.
             7255          (1) The board is the program policymaking body for the division and for programs
             7256      funded with state and federal money under Sections 62A-3-104.1 and 62A-3-104.2 . In
             7257      establishing policy and reviewing existing policy, the board shall seek input from local area
             7258      agencies, consumers, providers, advocates, division staff, and other interested parties as
             7259      determined by the board.
             7260          (2) The board shall establish, by rule, procedures for developing its policies which
             7261      ensure that local area agencies are given opportunity to comment and provide input on any
             7262      new policy of the board and on any proposed changes in the board's existing policy. The
             7263      board shall also provide a mechanism for review of its existing policy and for consideration of
             7264      policy changes that are proposed by those local area agencies.
             7265          [(3) Members shall receive no compensation or benefits for their services, but may, at
             7266      the executive director's discretion, receive per diem and expenses incurred in the performance
             7267      of the member's official duties at the rates established by the Division of Finance under
             7268      Sections 63A-3-106 and 63A-3-107 .]
             7269          (3) A member may not receive compensation or benefits for the member's service, but,
             7270      at the executive director's discretion, may receive per diem and travel expenses in accordance
             7271      with:
             7272          (a) Section 63A-3-106 ;
             7273          (b) Section 63A-3-107 ; and
             7274          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7275      63A-3-107 .
             7276          Section 129. Section 62A-4a-311 is amended to read:
             7277           62A-4a-311. Child Abuse Advisory Council -- Creation -- Membership --
             7278      Expenses.
             7279          (1) (a) There is established the Child Abuse Advisory Council composed of no more
             7280      than 25 members who are appointed by the division.
             7281          (b) Except as required by Subsection (1)(c), as terms of current council members


             7282      expire, the division shall appoint each new member or reappointed member to a four-year
             7283      term.
             7284          (c) Notwithstanding the requirements of Subsection (1)(b), the division shall, at the
             7285      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             7286      council members are staggered so that approximately half of the council is appointed every
             7287      two years.
             7288          (d) The council shall have geographic, economic, gender, cultural, and philosophical
             7289      diversity.
             7290          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             7291      appointed for the unexpired term.
             7292          (2) The council shall elect a chairperson from its membership at least biannually.
             7293          [(3) (a) A member of the council who is not a government employee shall receive no
             7294      compensation or benefits for the member's services, but may:]
             7295          [(i) receive per diem and expenses incurred in the performance of the member's
             7296      official duties at the rates established by the Division of Finance under Sections 63A-3-106
             7297      and 63A-3-107 ; or]
             7298          [(ii) decline to receive per diem and expenses for the member's service.]
             7299          [(b) A member of the council who is a state government officer or employee and who
             7300      does not receive salary, per diem, or expenses from the member's agency for the member's
             7301      service may:]
             7302          [(i) receive per diem and expenses incurred in the performance of the member's
             7303      official duties from the commission at the rates established by the Division of Finance under
             7304      Sections 63A-3-106 and 63A-3-107 ; or]
             7305          [(ii) decline to receive per diem and expenses for the member's service.]
             7306          (3) A member may not receive compensation or benefits for the member's service, but
             7307      may receive per diem and travel expenses in accordance with:
             7308          (a) Section 63A-3-106 ;
             7309          (b) Section 63A-3-107 ; and


             7310          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7311      63A-3-107 .
             7312          (4) The council shall hold a public meeting quarterly. Within budgetary constraints,
             7313      meetings may also be held on the call of the chair, or of a majority of the members. A majority
             7314      of the members currently appointed to the council constitute a quorum at any meeting and the
             7315      action of the majority of the members present shall be the action of the council.
             7316          (5) The council shall:
             7317          (a) advise the division on matters relating to abuse and neglect; and
             7318          (b) recommend to the division how funds contained in the Children's Trust Account
             7319      should be allocated.
             7320          Section 130. Section 62A-5a-103 is amended to read:
             7321           62A-5a-103. Coordinating Council for Persons with Disabilities -- Creation --
             7322      Membership -- Expenses.
             7323          (1) There is created the Coordinating Council for Persons with Disabilities.
             7324          (2) The council shall consist of:
             7325          (a) the director of the Division of Services for People with Disabilities within the
             7326      Department of Human Services, or his designee;
             7327          (b) the director of family health services programs, appointed under Section 26-10-3 ,
             7328      or his designee;
             7329          (c) the executive director of the Utah State Office of Rehabilitation, or his designee;
             7330          (d) the state director of special education, or his designee;
             7331          (e) the director of the Division of Health Care Financing within the Department of
             7332      Health, or his designee;
             7333          (f) the director of the Division of Substance Abuse and Mental Health within the
             7334      Department of Human Services, or his designee;
             7335          (g) the superintendent of Schools for the Deaf and Blind, or his designee; and
             7336          (h) a person with a disability, a family member of a person with a disability, or an
             7337      advocate for persons with disabilities, appointed by the members listed in Subsections (2)(a)


             7338      through (g).
             7339          (3) (a) The council shall annually elect a chair from its membership.
             7340          (b) Five members of the council are a quorum.
             7341          [(4) (a) State government officer and employee members who do not receive salary,
             7342      per diem, or expenses from their agency for their service may receive per diem and expenses
             7343      incurred in the performance of their official duties from the council at the rates established by
             7344      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7345          [(b) State government officer and employee members may decline to receive per diem
             7346      and expenses for their service.]
             7347          (4) A member may not receive compensation or benefits for the member's service, but
             7348      may receive per diem and travel expenses in accordance with:
             7349          (a) Section 63A-3-106 ;
             7350          (b) Section 63A-3-107 ; and
             7351          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7352      63A-3-107 .
             7353          Section 131. Section 62A-7-501 is amended to read:
             7354           62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
             7355          (1) There is created within the division a Youth Parole Authority.
             7356          (2) (a) The authority is composed of 10 part-time members and five pro tempore
             7357      members who are residents of this state. No more than three pro tempore members may serve
             7358      on the authority at any one time.
             7359          (b) Throughout this section, the term "member" refers to both part-time and pro
             7360      tempore members of the Youth Parole Authority.
             7361          (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
             7362      four-year terms by the governor with the consent of the Senate.
             7363          (b) The governor shall, at the time of appointment or reappointment, adjust the length
             7364      of terms to ensure that the terms of authority members are staggered so that approximately half
             7365      of the authority is appointed every two years.


             7366          (4) Each member shall have training or experience in social work, law, juvenile or
             7367      criminal justice, or related behavioral sciences.
             7368          (5) When a vacancy occurs in the membership for any reason, the replacement
             7369      member shall be appointed for the unexpired term.
             7370          (6) During the tenure of his appointment, a member may not:
             7371          (a) be an employee of the department, other than in his capacity as a member of the
             7372      authority;
             7373          (b) hold any public office;
             7374          (c) hold any position in the state's juvenile justice system; or
             7375          (d) be an employee, officer, advisor, policy board member, or subcontractor of any
             7376      juvenile justice agency or its contractor.
             7377          (7) In extraordinary circumstances or when a regular member is absent or otherwise
             7378      unavailable, the chair may assign a pro tempore member to act in the absent member's place.
             7379          [(8) (a) Members receive no compensation or benefits for their services, but may
             7380      receive per diem and expenses incurred in the performance of official duties at the rates
             7381      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7382          [(b) Members may decline to receive per diem and expenses for their service.]
             7383          (8) A member may not receive compensation or benefits for the member's service, but
             7384      may receive per diem and travel expenses in accordance with:
             7385          (a) Section 63A-3-106 ;
             7386          (b) Section 63A-3-107 ; and
             7387          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7388      63A-3-107 .
             7389          (9) The authority shall determine appropriate parole dates for youth offenders, based
             7390      on guidelines established by the board. The board shall review and update policy guidelines
             7391      annually.
             7392          (10) Youth offenders may be paroled to their own homes, to a residential
             7393      community-based program, to a nonresidential community-based treatment program, to an


             7394      approved independent living setting, or to other appropriate residences, but shall remain on
             7395      parole until parole is terminated by the authority.
             7396          (11) The division's case management staff shall implement parole release plans and
             7397      shall supervise youth offenders while on parole.
             7398          (12) The division shall permit the authority to have reasonable access to youth
             7399      offenders in secure facilities and shall furnish all pertinent data requested by the authority in
             7400      matters of parole, revocation, and termination.
             7401          Section 132. Section 62A-15-605 is amended to read:
             7402           62A-15-605. Forensic Mental Health Coordinating Council -- Establishment
             7403      and purpose.
             7404          (1) There is established the Forensic Mental Health Coordinating Council composed
             7405      of the following members:
             7406          (a) the director or the director's appointee;
             7407          (b) the superintendent of the state hospital or the superintendent's appointee;
             7408          (c) the executive director of the Department of Corrections or the executive director's
             7409      appointee;
             7410          (d) a member of the Board of Pardons and Parole or its appointee;
             7411          (e) the attorney general or the attorney general's appointee;
             7412          (f) the director of the Division of Services for People with Disabilities or the director's
             7413      appointee;
             7414          (g) the director of the Division of Juvenile Justice Services or the director's appointee;
             7415          (h) the director of the Commission on Criminal and Juvenile Justice or the director's
             7416      appointee;
             7417          (i) the state court administrator or the administrator's appointee;
             7418          (j) the state juvenile court administrator or the administrator's appointee;
             7419          (k) a representative from a local mental health authority or an organization, excluding
             7420      the state hospital that provides mental health services under contract with the Division of
             7421      Substance Abuse and Mental Health or a local mental health authority, as appointed by the


             7422      director of the division;
             7423          (l) the executive director of the Governor's Council for People with Disabilities or the
             7424      director's appointee; and
             7425          (m) other persons as appointed by the members described in Subsections (1)(a)
             7426      through (l).
             7427          [(2) (a) (i) Members who are not government employees shall receive no
             7428      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7429      the performance of the member's official duties at the rates established by the Division of
             7430      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7431          [(ii) Members may decline to receive per diem and expenses for their service.]
             7432          [(b) (i) State government officer and employee members who do not receive salary, per
             7433      diem, or expenses from their agency for their service may receive per diem and expenses
             7434      incurred in the performance of their official duties from the council at the rates established by
             7435      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7436          [(ii) State government officer and employee members may decline to receive per diem
             7437      and expenses for their service.]
             7438          (2) A member may not receive compensation or benefits for the member's service, but
             7439      may receive per diem and travel expenses in accordance with:
             7440          (a) Section 63A-3-106 ;
             7441          (b) Section 63A-3-107 ; and
             7442          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7443      63A-3-107 .
             7444          (3) The purpose of the Forensic Mental Health Coordinating Council is to:
             7445          (a) advise the director regarding admissions to the state hospital of persons in the
             7446      custody of the Department of Corrections;
             7447          (b) develop policies for coordination between the division and the Department of
             7448      Corrections;
             7449          (c) advise the executive director of the Department of Corrections regarding issues of


             7450      care for persons in the custody of the Department of Corrections who are mentally ill;
             7451          (d) promote communication between and coordination among all agencies dealing
             7452      with persons with mental retardation, as defined in Section 62A-5-101 , or mental illness who
             7453      become involved in the civil commitment system or in the criminal or juvenile justice system;
             7454          (e) study, evaluate, and recommend changes to laws and procedures relating to persons
             7455      with mental retardation or mental illness who become involved in the civil commitment
             7456      system or in the criminal or juvenile justice system;
             7457          (f) identify and promote the implementation of specific policies and programs to deal
             7458      fairly and efficiently with persons with mental retardation or mental illness who become
             7459      involved in the civil commitment system or in the criminal or juvenile justice system; and
             7460          (g) promote judicial education relating to persons with mental retardation or mental
             7461      illness who become involved in the civil commitment system or in the criminal or juvenile
             7462      justice system.
             7463          Section 133. Section 63A-3-403 is amended to read:
             7464           63A-3-403. Utah Transparency Advisory Board -- Creation -- Membership --
             7465      Duties.
             7466          (1) There is created within the division the Utah Transparency Advisory Board
             7467      comprised of members knowledgeable about public finance or providing public access to
             7468      public financial information as follows:
             7469          (a) one member designated by the director of the Division of Finance;
             7470          (b) one member designated by the director of the Governor's Office of Planning and
             7471      Budget;
             7472          (c) one member appointed by the governor on advice from the Judicial Council, who
             7473      shall serve until June 30, 2009;
             7474          (d) one member appointed by the governor on advice from the Legislative Fiscal
             7475      Analyst;
             7476          (e) one member of the Senate, appointed by the governor on advice from the president
             7477      of the Senate;


             7478          (f) one member of the House of Representatives, appointed by the governor on advice
             7479      from the speaker of the House of Representatives;
             7480          (g) one member designated by the director of the Department of Technology Services;
             7481          (h) one member appointed by the governor from a state institution of higher education,
             7482      who shall serve for one year beginning on July 1, 2009 and ending on June 30, 2010; and
             7483          (i) three additional members appointed by the governor, who shall each serve one-year
             7484      terms as follows:
             7485          (i) for the term beginning on July 1, 2009 and ending on June 30, 2010, represent the
             7486      following entities:
             7487          (A) a school district;
             7488          (B) a charter school; and
             7489          (C) a public transit district created under Title 17B, Chapter 2a, Part 8, Public Transit
             7490      District Act; and
             7491          (ii) for the term beginning on July 1, 2010 and ending on June 30, 2011, represent the
             7492      following entities:
             7493          (A) a county;
             7494          (B) a municipality; and
             7495          (C) (I) a local district under Title 17B, Limited Purpose Local Government Entities -
             7496      Local Districts, that is not a public transit district created under Title 17B, Chapter 2a, Part 8,
             7497      Public Transit District Act; or
             7498          (II) a special service district under Title 17D, Chapter 1, Special Service District Act.
             7499          (2) The board shall:
             7500          (a) advise the division on matters related to the implementation and administration of
             7501      this part;
             7502          (b) develop plans, make recommendations, and assist in implementing the provisions
             7503      of this part;
             7504          (c) determine what public financial information shall be provided by participating
             7505      state and local entities, provided that the public financial information:


             7506          (i) only includes records that:
             7507          (A) are classified as public under Title 63G, Chapter 2, Government Records Access
             7508      and Management Act;
             7509          (B) are an accounting of monies, funds, accounts, bonds, loans, expenditures, or
             7510      revenues, regardless of the source; and
             7511          (C) are owned, held, or administered by the participating state or local entity that is
             7512      required to provide the record; and
             7513          (ii) is of the type or nature that should be accessible to the public via a website based
             7514      on considerations of:
             7515          (A) the cost effectiveness of providing the information;
             7516          (B) the value of providing the information to the public; and
             7517          (C) privacy and security considerations;
             7518          (d) evaluate the cost effectiveness of implementing specific information resources and
             7519      features on the website;
             7520          (e) establish size or budget thresholds to identify those local entities that qualify as
             7521      participating local entities as defined in this part, giving special consideration to the budget
             7522      and resource limitations of an entity with a current annual budget of less than $10,000,000;
             7523          (f) require participating local entities to provide public financial information in
             7524      accordance with the requirements of this part, with a specified content, reporting frequency,
             7525      and form;
             7526          (g) require a participating local entity's website to be accessible by link or other direct
             7527      route from the Utah Public Finance Website if the participating local entity does not use the
             7528      Utah Public Finance Website; and
             7529          (h) determine the search methods and the search criteria that shall be made available
             7530      to the public as part of a website used by a participating local entity under the requirements of
             7531      this part, which criteria may include:
             7532          (i) fiscal year;
             7533          (ii) expenditure type;


             7534          (iii) name of the agency;
             7535          (iv) payee;
             7536          (v) date; and
             7537          (vi) amount.
             7538          (3) The board shall annually elect a chair and a vice chair from its members.
             7539          (4) (a) Except for a member appointed under Subsections (1)(c) and (h), each member
             7540      shall serve a two-year term.
             7541          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             7542      appointed for the remainder of the unexpired term.
             7543          (5) The board shall meet as it determines necessary to accomplish its duties.
             7544          (6) Reasonable notice shall be given to each member of the board before any meeting.
             7545          (7) A majority of the board constitutes a quorum for the transaction of business.
             7546          [(8) (a) (i) Members who are not government employees shall receive no
             7547      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7548      the performance of the member's official duties at the rates established by the Division of
             7549      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7550          [(ii) Members may decline to receive per diem and expenses for their service.]
             7551          [(b) (i) State government officer and employee members who do not receive salary, per
             7552      diem, or expenses from their agency for their service may receive per diem and expenses
             7553      incurred in the performance of their official duties from the board at the rates established by
             7554      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7555          [(ii) State government officer and employee members may decline to receive per diem
             7556      and expenses for their service.]
             7557          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             7558      from the entity that they represent for their service may receive per diem and expenses
             7559      incurred in the performance of their official duties at the rates established by the Division of
             7560      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7561          [(ii) Local government officer and employee members may decline to receive per diem


             7562      and expenses for their service.]
             7563          (8) A member may not receive compensation or benefits for the member's service, but
             7564      may receive per diem and travel expenses in accordance with:
             7565          (a) Section 63A-3-106 ;
             7566          (b) Section 63A-3-107 ; and
             7567          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7568      63A-3-107 .
             7569          Section 134. Section 63A-5-101 is amended to read:
             7570           63A-5-101. Creation -- Composition -- Appointment -- Per diem and expenses --
             7571      Administrative services.
             7572          (1) (a) There is created a State Building Board composed of eight members, seven of
             7573      whom shall be appointed by the governor for terms of four years.
             7574          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
             7575      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             7576      board members are staggered so that approximately half of the board is appointed every two
             7577      years.
             7578          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
             7579      appointed for the unexpired term.
             7580          (3) The director of the Governor's Office of Planning and Budget or the director's
             7581      designee is a nonvoting member of the board.
             7582          (4) Each member shall hold office until a successor is appointed and qualified, but no
             7583      member shall serve more than two consecutive terms.
             7584          (5) One member shall be designated by the governor as chair.
             7585          [(6) (a) (i) Members who are not government employees shall receive no
             7586      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7587      the performance of the member's official duties at the rates established by the Division of
             7588      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7589          [(ii) Members may decline to receive per diem and expenses for their service.]


             7590          [(b) (i) State government officer and employee members who do not receive salary, per
             7591      diem, or expenses from their agency for their service may receive per diem and expenses
             7592      incurred in the performance of their official duties from the board at the rates established by
             7593      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7594          [(ii) State government officer and employee members may decline to receive per diem
             7595      and expenses for their service.]
             7596          (6) A member may not receive compensation or benefits for the member's service, but
             7597      may receive per diem and travel expenses in accordance with:
             7598          (a) Section 63A-3-106 ;
             7599          (b) Section 63A-3-107 ; and
             7600          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7601      63A-3-107 .
             7602          (7) The members of the board are not required to give bond for the performance of
             7603      their official duties.
             7604          (8) The department shall provide administrative and staff services to enable the board
             7605      to exercise its powers and discharge its duties, and shall provide necessary space and
             7606      equipment for the board.
             7607          Section 135. Section 63A-9-301 is amended to read:
             7608           63A-9-301. Motor Vehicle Review Committee -- Composition.
             7609          (1) There is created a Motor Vehicle Review Committee to advise the division.
             7610          (2) The committee shall be composed of nine members as follows:
             7611          (a) the executive director of the Department of Administrative Services or the
             7612      director's designee;
             7613          (b) a member from a state agency other than higher education, the Department of
             7614      Transportation, the Department of Public Safety, or the Department of Natural Resources, who
             7615      uses the division's services;
             7616          (c) the director of the Division of Purchasing and General Services or the director's
             7617      designee; [and]


             7618          (d) one member from:
             7619          (i) higher education, designated annually by the executive director of the Department
             7620      of Administrative Services;
             7621          (ii) the Department of Transportation, designated annually by the executive director of
             7622      the Department of Administrative Services;
             7623          (iii) the Department of Public Safety, designated annually by the executive director of
             7624      the Department of Administrative Services; and
             7625          (iv) the Department of Natural Resources, designated annually by the executive
             7626      director of the Department of Administrative Services; and
             7627          (e) two public members with experience in fleet operations and maintenance
             7628      appointed by the governor.
             7629          (3) (a) Except as required by Subsection (3)(b), the governor shall appoint each public
             7630      member to a four-year term.
             7631          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             7632      time of appointment, adjust the length of terms to ensure that the terms of public members are
             7633      staggered so that one of the public members is appointed every two years.
             7634          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             7635      appointed for the unexpired term.
             7636          [(4) (a) (i) Members who are not government employees shall receive no
             7637      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7638      the performance of the member's official duties at the rates established by the Division of
             7639      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7640          [(ii) Members may decline to receive per diem and expenses for their service.]
             7641          [(b) (i) State government members who do not receive salary, per diem, or expenses
             7642      from their agency for their service may receive per diem and expenses incurred in the
             7643      performance of their official duties from the committee at the rates established by the Division
             7644      of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7645          [(ii) State government members may decline to receive per diem and expenses for their


             7646      service.]
             7647          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             7648      from the entity that they represent for their service may receive per diem and expenses
             7649      incurred in the performance of their official duties from the committee at the rates established
             7650      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7651          [(ii) Higher education members may decline to receive per diem and expenses for their
             7652      service.]
             7653          (4) A member may not receive compensation or benefits for the member's service, but
             7654      may receive per diem and travel expenses in accordance with:
             7655          (a) Section 63A-3-106 ;
             7656          (b) Section 63A-3-107 ; and
             7657          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7658      63A-3-107 .
             7659          (5) Five members of the committee are a quorum.
             7660          (6) The executive director of the Department of Administrative Services is chair of the
             7661      committee.
             7662          Section 136. Section 63B-1-201 is amended to read:
             7663           63B-1-201. Members -- Powers and duties -- Per diem.
             7664          (1) There is created a State Bonding Commission composed of:
             7665          (a) the governor;
             7666          (b) the state treasurer; and
             7667          (c) a third person appointed by the governor to serve a four-year term, who is a
             7668      member of a political party different from that of the governor.
             7669          (d) When the at-large position becomes vacant for any reason, the replacement shall be
             7670      appointed for the unexpired term.
             7671          (2) The commission shall exercise the powers and perform the duties prescribed for
             7672      the commission by statute.
             7673          [(3) (a) State government officer and employee members who do not receive salary,


             7674      per diem, or expenses from their agency for their service may receive per diem and expenses
             7675      incurred in the performance of their official duties from the commission at the rates
             7676      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7677          [(b) State government officer and employee members may decline to receive per diem
             7678      and expenses for their service.]
             7679          (3) A member may not receive compensation or benefits for the member's service, but
             7680      may receive per diem and travel expenses in accordance with:
             7681          (a) Section 63A-3-106 ;
             7682          (b) Section 63A-3-107 ; and
             7683          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7684      63A-3-107 .
             7685          Section 137. Section 63B-1-304 is amended to read:
             7686           63B-1-304. State Building Ownership Authority created -- Members --
             7687      Compensation -- Location in Department of Administrative Services.
             7688          (1) There is created a body politic and corporate to be known as the State Building
             7689      Ownership Authority composed of:
             7690          (a) the governor;
             7691          (b) the state treasurer; and
             7692          (c) the chair of the State Building Board created under Section 63A-5-101 .
             7693          [(2) (a) (i) Members who are not government employees shall receive no
             7694      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7695      the performance of the member's official duties at the rates established by the Division of
             7696      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7697          [(ii) Members may decline to receive per diem and expenses for their service.]
             7698          [(b) (i) State government officer and employee members who do not receive salary, per
             7699      diem, or expenses from their agency for their service may receive per diem and expenses
             7700      incurred in the performance of their official duties from the authority at the rates established
             7701      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             7702          [(ii) State government officer and employee members may decline to receive per diem
             7703      and expenses for their service.]
             7704          (2) A member may not receive compensation or benefits for the member's service, but
             7705      may receive per diem and travel expenses in accordance with:
             7706          (a) Section 63A-3-106 ;
             7707          (b) Section 63A-3-107 ; and
             7708          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7709      63A-3-107 .
             7710          (3) (a) Upon request, the division shall provide staff support to the State Building
             7711      Ownership Authority.
             7712          (b) The State Building Ownership Authority may seek and obtain independent
             7713      financial advice, support, and information from the state financial advisor created under
             7714      Section 67-4-16 .
             7715          Section 138. Section 63C-4-101 is amended to read:
             7716           63C-4-101. Creation of Constitutional Defense Council -- Membership --
             7717      Vacancies -- Reports -- Per diem, travel expenses, and funding.
             7718          (1) There is created the Constitutional Defense Council.
             7719          (2) (a) The defense council shall consist of the following members:
             7720          (i) the governor or the lieutenant governor, who shall serve as chair of the council;
             7721          (ii) the president of the Senate or the president of the Senate's designee who shall serve
             7722      as vice chair of the council;
             7723          (iii) the speaker of the House or the speaker of the House's designee who shall serve as
             7724      vice chair of the council;
             7725          (iv) the minority leader of the Senate or the minority leader of the Senate's designee;
             7726          (v) the minority leader of the House or the minority leader of the House's designee;
             7727          (vi) the attorney general or the attorney general's designee, who shall be one of the
             7728      attorney general's appointees, not a current career service employee;
             7729          (vii) the director of the School and Institutional Trust Lands Administration;


             7730          (viii) four elected county commissioners, county council members, or county
             7731      executives from different counties who are selected by the Utah Association of Counties, at
             7732      least one of whom shall be from a county of the first or second class;
             7733          (ix) the executive director of the Department of Natural Resources, who may not vote;
             7734          (x) the commissioner of the Department of Agriculture and Food, who may not vote;
             7735          (xi) the director of the Governor's Office of Economic Development, who may not
             7736      vote; and
             7737          (xii) two elected county commissioners, county council members, or county executives
             7738      from different counties appointed by the Utah Association of Counties, who may not vote.
             7739          (b) The council vice chairs shall conduct a council meeting in the absence of the chair.
             7740          (c) If both the governor and the lieutenant governor are absent from a meeting of the
             7741      council, the governor may designate a person to attend the meeting solely for the purpose of
             7742      casting a vote on any matter on the governor's behalf.
             7743          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             7744      appointed for the unexpired term in the same manner as the original appointment.
             7745          (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the defense council shall meet at
             7746      least monthly or more frequently as needed.
             7747          (ii) The defense council need not meet monthly if the chair, after polling the members,
             7748      determines that a majority of the members do not wish to meet.
             7749          (b) The governor or any six members of the council may call a meeting of the council.
             7750          (c) Before calling a meeting, the governor or council members shall solicit items for
             7751      the agenda from other members of the council.
             7752          (d) (i) The Constitutional Defense Council shall require that any entity that receives
             7753      monies from the Constitutional Defense Restricted Account provide financial reports and
             7754      litigation reports to the Council.
             7755          (ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting
             7756      under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from
             7757      complying with Title 63G, Chapter 2, Government Records Access and Management Act.


             7758          (e) A majority of the voting membership on the defense council is required for a
             7759      quorum to conduct council business. A majority vote of the quorum is required for any action
             7760      taken by the defense council.
             7761          (5) The Office of the Attorney General shall advise the defense council.
             7762          [(6) (a) (i) State government officer and employee members who do not receive salary,
             7763      per diem, or expenses from their agency for their service may receive per diem and expenses
             7764      incurred in the performance of their official duties from the council at the rates established by
             7765      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7766          [(ii) State government officer and employee members may decline to receive per diem
             7767      and expenses for their service.]
             7768          [(b) (i) Local government members who do not receive salary, per diem, or expenses
             7769      from the entity that they represent for their service may receive per diem and expenses
             7770      incurred in the performance of their official duties at the rates established by the Division of
             7771      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7772          [(ii) Local government members may decline to receive per diem and expenses for
             7773      their service.]
             7774          [(c) Legislators on the committee shall receive compensation and expenses as provided
             7775      by law and legislative rule.]
             7776          (6) A member may not receive compensation or benefits for the member's service, but
             7777      may receive per diem and travel expenses in accordance with:
             7778          (a) Section 63A-3-106 ;
             7779          (b) Section 63A-3-107 ; and
             7780          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7781      63A-3-107 .
             7782          (7) (a) The council shall be funded from the Constitutional Defense Restricted
             7783      Account created in Section 63C-4-103 .
             7784          (b) Monies appropriated for or received by the council may be expended by the
             7785      governor in consultation with the council.


             7786          Section 139. Section 63C-6-103 is amended to read:
             7787           63C-6-103. Compensation of members -- Per diem and travel expenses.
             7788          [(1) (a) Members who are not government employees shall receive no compensation
             7789      or benefits for their services, but may receive per diem and expenses incurred in the
             7790      performance of the member's official duties at the rates established by the Division of Finance
             7791      under Sections 63A-3-106 and 63A-3-107 .]
             7792          [(b) Members may decline to receive per diem and expenses for their service.]
             7793          [(2) (a) State government officer and employee members who do not receive salary,
             7794      per diem, or expenses from their agency for their service may receive per diem and expenses
             7795      incurred in the performance of their official duties from the commission at the rates
             7796      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7797          [(b) State government officer and employee members may decline to receive per diem
             7798      and expenses for their service.]
             7799          [(3) Legislators on the committee shall receive compensation and expenses as
             7800      provided by law and legislative rule.]
             7801          A member may not receive compensation or benefits for the member's service, but may
             7802      receive per diem and travel expenses in accordance with:
             7803          (1) Section 63A-3-106 ;
             7804          (2) Section 63A-3-107 ; and
             7805          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7806      63A-3-107 .
             7807          Section 140. Section 63C-8-103 is amended to read:
             7808           63C-8-103. Medical Education Council.
             7809          (1) There is created the Medical Education Council consisting of the following
             7810      members appointed by the governor:
             7811          (a) the dean of the school of medicine at the University of Utah;
             7812          (b) a person who represents graduate medical education at the University of Utah;
             7813          (c) a person from each institution, other than the University of Utah, that sponsors an


             7814      accredited clinical education program;
             7815          (d) a person from the health care insurance industry; and
             7816          (e) three members of the general public who are not employed by or affiliated with any
             7817      institution that offers, sponsors, or finances health care or medical education; however, the
             7818      governor may appoint an additional member of the public under this Subsection (1)(e) for
             7819      each person the governor appoints that increases the total number of persons appointed under
             7820      Subsection (1)(c) beyond two.
             7821          (2) Except as provided in Subsection (1)(a) and (b), no two council members may be
             7822      employed by or affiliated with the same:
             7823          (a) institution of higher education;
             7824          (b) state agency outside of higher education; or
             7825          (c) private entity.
             7826          (3) The dean of the school of medicine at the University of Utah:
             7827          (a) shall chair the council;
             7828          (b) may not be counted in determining the existence of a quorum; and
             7829          (c) may only cast a vote on a matter before the council if the vote of the other council
             7830      members results in a tied vote.
             7831          (4) The council shall annually elect a vice chair from among the members of the
             7832      council.
             7833          (5) (a) Consistent with Subsection (6)(b), a majority of the council members constitute
             7834      a quorum.
             7835          (b) The action of a majority of a quorum is the action of the council.
             7836          (6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year
             7837      terms of office.
             7838          (b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial
             7839      appointment, adjust the length of terms to ensure that the terms of council members are
             7840      staggered so that approximately half of the council is appointed every two years.
             7841          (c) If a vacancy occurs in the membership for any reason, the replacement shall be


             7842      appointed by the governor for the unexpired term in the same manner as the original
             7843      appointment was made.
             7844          [(7) (a) Per diem and expenses incurred in the performance of official duties may be
             7845      paid at the rates established by the Division of Finance under Section 63A-3-106 and Section
             7846      63A-3-107 to a council member:]
             7847          [(i) who is not a government employee; or]
             7848          [(ii) who is a government employee, but does not receive salary, per diem, or expenses
             7849      from the council member's employing unit for service to the council.]
             7850          [(b) A council member may decline to receive per diem and expenses for service to the
             7851      council.]
             7852          (7) A member may not receive compensation or benefits for the member's service, but
             7853      may receive per diem and travel expenses in accordance with:
             7854          (a) Section 63A-3-106 ;
             7855          (b) Section 63A-3-107 ; and
             7856          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7857      63A-3-107 .
             7858          Section 141. Section 63C-9-202 is amended to read:
             7859           63C-9-202. Terms -- Vacancies -- Chair -- Vice chair -- Meetings --
             7860      Compensation.
             7861          (1) (a) The governor, president of the Senate, speaker of the House, chief justice, state
             7862      treasurer, state attorney general, and state historic preservation officer shall serve terms
             7863      coterminous with their office.
             7864          (b) The other members shall serve two-year terms.
             7865          (2) Vacancies in the appointed positions shall be filled by the original appointing
             7866      authority for the unexpired term.
             7867          (3) (a) Except as provided in Subsection (3)(b), the governor is chair of the board.
             7868          (b) When the governor is absent from meetings of the board, the vice chair is chair of
             7869      the board.


             7870          (c) The governor shall appoint a member of the board to serve as vice chair with the
             7871      approval of a majority of the members of the board.
             7872          (4) The board shall meet at least quarterly and at other times at the call of the governor
             7873      or at the request of four members of the board.
             7874          [(5) (a) (i) Members who are not government employees shall receive no
             7875      compensation or benefits for their services, but may receive per diem and expenses incurred in
             7876      the performance of the member's official duties at the rates established by the Division of
             7877      Finance under Sections 63A-3-106 and 63A-3-107 .]
             7878          [(ii) Members may decline to receive per diem and expenses for their service.]
             7879          [(b) (i) State government officers and employee members who do not receive salary,
             7880      per diem, or expenses from their agency for their service may receive per diem and expenses
             7881      incurred in the performance of their official duties from the committee at the rates established
             7882      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7883          [(ii) State government officers and employee members may decline to receive per diem
             7884      and expenses for their service.]
             7885          [(c) Legislative members receive the expenses authorized by legislative rule.]
             7886          (5) A member may not receive compensation or benefits for the member's service, but
             7887      may receive per diem and travel expenses in accordance with:
             7888          (a) Section 63A-3-106 ;
             7889          (b) Section 63A-3-107 ; and
             7890          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7891      63A-3-107 .
             7892          Section 142. Section 63C-9-702 is amended to read:
             7893           63C-9-702. Art Placement Subcommittee to the State Capitol Preservation
             7894      Board -- Created -- Membership -- Operations.
             7895          (1) (a) There is created an Art Placement Subcommittee to the State Capitol
             7896      Preservation Board composed of 11 members appointed as provided in this Subsection (1).
             7897          (b) (i) The governor shall appoint:


             7898          (A) an architect, from a list of three architects submitted by the American Institute of
             7899      Architects;
             7900          (B) an artist, from a list of three artists submitted by the Utah Arts Council Board of
             7901      Directors;
             7902          (C) an historian, from a list of three historians submitted by the Board of State
             7903      History; and
             7904          (D) a citizen to represent the public at large who is not a member of the State Capitol
             7905      Preservation Board.
             7906          (ii) The governor, as chair of the board, with the concurrence of the board, shall
             7907      appoint a member of the board as a voting member of the subcommittee.
             7908          (c) The president of the Senate shall appoint three members, two from the majority
             7909      party and one from the minority party.
             7910          (d) The speaker of the House of Representatives shall appoint three members, two
             7911      from the majority party and one from the minority party.
             7912          (2) (a) (i) (A) Subcommittee members appointed by the governor shall serve four-year
             7913      terms and may serve up to two consecutive terms.
             7914          (B) The board member appointed by the governor under Subsection (1)(b)(ii) shall
             7915      serve a two-year term, and may be reappointed.
             7916          (ii) Subcommittee members appointed by the president of the Senate and the speaker
             7917      of the House of Representatives shall serve two-year terms and may be reappointed.
             7918          (b) In appointing members to the first subcommittee, the governor shall designate two
             7919      members to serve a two-year term and two members to serve four-year terms.
             7920          (3) (a) Each subcommittee member shall hold office until his successor has been
             7921      appointed and qualified.
             7922          (b) If a vacancy occurs in the subcommittee because of death, resignation, or
             7923      otherwise, the appointing authority shall appoint a successor, who shall hold office for the
             7924      unexpired term.
             7925          (c) Six voting members of the subcommittee are a quorum for the purpose of


             7926      organizing and conducting the business of the subcommittee.
             7927          (d) The vote of a majority of members voting when a quorum is present is necessary
             7928      for the subcommittee to take action.
             7929          (4) (a) At the initial meeting of the subcommittee, the subcommittee shall select one of
             7930      its number to serve as chair of the subcommittee.
             7931          (b) The executive director of the board shall assist the subcommittee in their duties
             7932      and shall provide staff services to the subcommittee.
             7933          [(5) (a) Members of the subcommittee shall receive per diem and may be reimbursed
             7934      for expenses incurred in the performance of their official duties as established by the Division
             7935      of Finance.]
             7936          (5) A member may not receive compensation or benefits for the member's service, but
             7937      may receive per diem and travel expenses in accordance with:
             7938          (a) Section 63A-3-106 ;
             7939          (b) Section 63A-3-107 ; and
             7940          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7941      63A-3-107 .
             7942          [(b)] (6) The subcommittee shall meet at least quarterly.
             7943          Section 143. Section 63C-10-102 is amended to read:
             7944           63C-10-102. Governor's Rural Partnership Board -- Creation -- Membership --
             7945      Vacancies -- Chairs -- Expenses.
             7946          (1) There is created the Governor's Rural Partnership Board composed of 15 members
             7947      as follows:
             7948          (a) the governor or the governor's designee;
             7949          (b) a rural member of the Utah Association of Counties' Board of Directors, appointed
             7950      by the association's board;
             7951          (c) a rural member of the Utah League of Cities and Towns' Board of Directors,
             7952      appointed by the league's board;
             7953          (d) the vice president of Utah State University's Extension Services or the vice


             7954      president's designee;
             7955          (e) the president of Southern Utah University or the president's designee;
             7956          (f) the chair of the Utah Rural Development Council;
             7957          (g) a rural representative of agriculture;
             7958          (h) a rural representative of the travel industry;
             7959          (i) a representative of rural utilities;
             7960          (j) a representative from the oil, gas, or mineral extraction industry; and
             7961          (k) five rural members appointed by the governor, at least one of which shall be a
             7962      representative from a rural private business.
             7963          (2) (a) Except as required by Subsection (2)(b), board members identified in
             7964      Subsections (1)(b), (c), (g), (h), (i), (j), and (k) shall be appointed for four-year terms.
             7965          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             7966      time of appointment or reappointment for members appointed under Subsection (1)(k), adjust
             7967      the length of terms to ensure that the terms of these members are staggered so that
             7968      approximately half of these five members are appointed every two years.
             7969          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             7970      appointed for the unexpired term in the same manner as the vacated member was chosen.
             7971          (d) Once initial board appointments are made pursuant to Subsection (1)(k),
             7972      recommendations for filling vacancies for any reason of those five board positions shall be
             7973      made to the governor from a nominating committee consisting of:
             7974          (i) three individuals selected by the Steering Committee of the Rural Coordinating
             7975      Committee; and
             7976          (ii) three individuals selected by the Governor's Rural Partnership Board from the
             7977      Utah Rural Development Council membership.
             7978          (3) (a) The governor or the governor's designee shall serve as cochair of the board.
             7979          (b) The chair of the Utah Rural Development Council shall serve as cochair of the
             7980      board.
             7981          (4) The board shall meet at the call of the cochairs, but at least semiannually.


             7982          (5) (a) A majority of the members of the board constitute a quorum.
             7983          (b) The action of a majority of a quorum constitutes the action of the board.
             7984          [(6) Members receive no compensation or benefits for their services on the board, but
             7985      may receive per diem and expenses incurred in the performance of the member's official duties
             7986      at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             7987          (6) A member may not receive compensation or benefits for the member's service, but
             7988      may receive per diem and travel expenses in accordance with:
             7989          (a) Section 63A-3-106 ;
             7990          (b) Section 63A-3-107 ; and
             7991          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             7992      63A-3-107 .
             7993          Section 144. Section 63C-11-201 is amended to read:
             7994           63C-11-201. Commission -- Creation -- Appointments -- Terms -- Expenses --
             7995      Quorum.
             7996          (1) There is created within the Governor's Office of Economic Development the Pete
             7997      Suazo Utah Athletic Commission consisting of five members.
             7998          (2) (a) The governor shall appoint three commission members.
             7999          (b) The president of the Senate and the speaker of the House of Representatives shall
             8000      each appoint one commission member.
             8001          (c) The commission members may not be licensees under this chapter.
             8002          (d) A member of the commission serving on June 30, 2009, shall continue as a
             8003      member of the commission until the expiration of the member's term then existing, or until the
             8004      expiration of any subsequent term to which the member is appointed.
             8005          (3) (a) Except as required by Subsection (3)(b), as terms of current members expire,
             8006      the governor, president, or speaker, respectively, shall appoint each new member or
             8007      reappointed member to a four-year term.
             8008          (b) The governor shall, at the time of appointment or reappointment, adjust the length
             8009      of the governor's appointees' terms to ensure that the terms of members are staggered so that


             8010      approximately half of the commission is appointed every two years.
             8011          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             8012      appointed for the unexpired term.
             8013          (d) If a commission member fails or refuses to fulfill the responsibilities and duties of
             8014      a commission member, including the attendance at commission meetings, the governor,
             8015      president, or speaker, respectively, with the approval of the commission, may remove the
             8016      commission member and replace the member in accordance with this section.
             8017          (4) (a) A majority of the commission members constitutes a quorum.
             8018          (b) A majority of a quorum is sufficient authority for the commission to act.
             8019          [(5) (a) (i) Members who are not government employees shall receive no
             8020      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8021      the performance of the members' official duties at the rates established by the Division of
             8022      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8023          [(ii) Members may decline to receive per diem and expenses for their service.]
             8024          [(b) (i) State government officer and employee members who do not receive salary, per
             8025      diem, or expenses from their agency for their service may receive per diem and expenses
             8026      incurred in the performance of their official duties at the rates established by the Division of
             8027      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8028          [(ii) State government officer and employee members may decline to receive per diem
             8029      and expenses for their service.]
             8030          (5) A member may not receive compensation or benefits for the member's service, but
             8031      may receive per diem and travel expenses in accordance with:
             8032          (a) Section 63A-3-106 ;
             8033          (b) Section 63A-3-107 ; and
             8034          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8035      63A-3-107 .
             8036          (6) The commission shall annually designate one of its members to serve as chair for a
             8037      one-year period.


             8038          Section 145. Section 63C-12-105 is repealed and reenacted to read:
             8039          63C-12-105. Compensation of members -- Expenses.
             8040          A member of the council may not receive compensation or benefits for the member's
             8041      service, but may receive per diem and travel expenses in accordance with:
             8042          (1) Section 63A-3-106 ;
             8043          (2) Section 63A-3-107 ; and
             8044          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8045      63A-3-107 .
             8046          Section 146. Section 63F-1-202 is amended to read:
             8047           63F-1-202. Technology Advisory Board -- Membership -- Duties.
             8048          (1) There is created the Technology Advisory Board to the chief information officer.
             8049      The board shall have seven members as follows:
             8050          (a) three members appointed by the governor who are individuals actively involved in
             8051      business planning for state agencies;
             8052          (b) one member appointed by the governor who is actively involved in business
             8053      planning for higher education or public education;
             8054          (c) one member appointed by the speaker of the House of Representatives and
             8055      president of the Senate from the Legislative Automation Committee of the Legislature to
             8056      represent the legislative branch;
             8057          (d) one member appointed by the Judicial Council to represent the judicial branch;
             8058      and
             8059          (e) one member appointed by the governor who represents private sector business
             8060      needs in the state, but who is not an information technology vendor for the state.
             8061          (2) (a) The members of the advisory board shall elect a chair from the board by
             8062      majority vote.
             8063          (b) The department shall provide staff to the board.
             8064          (c) (i) A majority of the members of the board constitutes a quorum.
             8065          (ii) Action by a majority of a quorum of the board constitutes an action of the board.


             8066          (3) The board shall meet as necessary to advise the chief information officer and assist
             8067      the chief information officer and executive branch agencies in coming to consensus on:
             8068          (a) the development and implementation of the state's information technology strategic
             8069      plan;
             8070          (b) critical information technology initiatives for the state;
             8071          (c) the development of standards for state information architecture;
             8072          (d) identification of the business and technical needs of state agencies;
             8073          (e) the department's performance measures for service agreements with executive
             8074      branch agencies and subscribers of services; and
             8075          (f) the efficient and effective operation of the department.
             8076          [(4) (a) (i) Members of the board who are not state government employees shall
             8077      receive no compensation or benefits for their services, but may receive per diem and expenses
             8078      incurred in the performance of the member's official duties at the rates established by the
             8079      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8080          [(ii) Members may decline to receive per diem and expense for their service.]
             8081          [(b) (i) State government officers and employee members who do not receive salary,
             8082      per diem, or expenses from their agency for their service may receive per diem and expenses
             8083      incurred in the performance of their official duties at the rates established by the Division of
             8084      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8085          [(ii) State government officer and employee members may decline to receive per diem
             8086      and expenses for the member's service.]
             8087          (4) A member may not receive compensation or benefits for the member's service, but
             8088      may receive per diem and travel expenses in accordance with:
             8089          (a) Section 63A-3-106 ;
             8090          (b) Section 63A-3-107 ; and
             8091          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8092      63A-3-107 .
             8093          Section 147. Section 63G-2-501 is amended to read:


             8094           63G-2-501. State Records Committee created -- Membership -- Terms --
             8095      Vacancies -- Expenses.
             8096          (1) There is created the State Records Committee within the Department of
             8097      Administrative Services to consist of the following seven individuals:
             8098          (a) an individual in the private sector whose profession requires him to create or
             8099      manage records that if created by a governmental entity would be private or controlled;
             8100          (b) the state auditor or the auditor's designee;
             8101          (c) the director of the Division of State History or the director's designee;
             8102          (d) the governor or the governor's designee;
             8103          (e) one citizen member;
             8104          (f) one elected official representing political subdivisions; and
             8105          (g) one individual representing the news media.
             8106          (2) The members specified in Subsections (1)(a), (e), (f), and (g) shall be appointed by
             8107      the governor with the consent of the Senate.
             8108          (3) (a) Except as required by Subsection (3)(b), as terms of current committee
             8109      members expire, the governor shall appoint each new member or reappointed member to a
             8110      four-year term.
             8111          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             8112      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8113      committee members are staggered so that approximately half of the committee is appointed
             8114      every two years.
             8115          (c) Each appointed member is eligible for reappointment for one additional term.
             8116          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             8117      appointed for the unexpired term.
             8118          [(5) (a) (i) Members who are not government employees shall receive no
             8119      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8120      the performance of the member's official duties at the rates established by the Division of
             8121      Finance under Sections 63A-3-106 and 63A-3-107 .]


             8122          [(ii) Members may decline to receive per diem and expenses for their service.]
             8123          [(b) (i) State government officer and employee members who do not receive salary, per
             8124      diem, or expenses from their agency for their service may receive per diem and expenses
             8125      incurred in the performance of their official duties from the committee at the rates established
             8126      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8127          [(ii) State government officer and employee members may decline to receive per diem
             8128      and expenses for their service.]
             8129          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             8130      from the entity that they represent for their service may receive per diem and expenses
             8131      incurred in the performance of their official duties at the rates established by the Division of
             8132      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8133          [(ii) Local government members may decline to receive per diem and expenses for
             8134      their service.]
             8135          (5) A member may not receive compensation or benefits for the member's service, but
             8136      may receive per diem and travel expenses in accordance with:
             8137          (a) Section 63A-3-106 ;
             8138          (b) Section 63A-3-107 ; and
             8139          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8140      63A-3-107 .
             8141          Section 148. Section 63G-2-502 is amended to read:
             8142           63G-2-502. State Records Committee -- Duties.
             8143          (1) The records committee shall:
             8144          (a) meet at least once every three months;
             8145          (b) review and approve retention and disposal of records;
             8146          (c) hear appeals from determinations of access as provided by Section 63G-2-403 ; and
             8147          (d) appoint a chairman from among its members.
             8148          (2) The records committee may:
             8149          (a) make rules to govern its own proceedings as provided by Title 63G, Chapter 3,


             8150      Utah Administrative Rulemaking Act; and
             8151          (b) by order, after notice and hearing, reassign classification and designation for any
             8152      record series by a governmental entity if the governmental entity's classification or designation
             8153      is inconsistent with this chapter.
             8154          (3) The records committee shall annually appoint an executive secretary to the records
             8155      committee. The executive secretary may not serve as a voting member of the committee.
             8156          (4) Five members of the records committee are a quorum for the transaction of
             8157      business.
             8158          (5) The state archives shall provide staff and support services for the records
             8159      committee.
             8160          [(6) Unless otherwise reimbursed, the citizen member, the individual in the private
             8161      sector, and the representative of the news media shall receive a per diem as established by the
             8162      Division of Finance in Section 63A-3-106 .]
             8163          (6) A member may not receive compensation or benefits for the member's service, but
             8164      may receive per diem and travel expenses in accordance with:
             8165          (a) Section 63A-3-106 ;
             8166          (b) Section 63A-3-107 ; and
             8167          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8168      63A-3-107 .
             8169          (7) If the records committee reassigns the classification or designation of a record or
             8170      record series under Subsection (2)(b), any affected governmental entity or any other interested
             8171      person may appeal the reclassification or redesignation to the district court. The district court
             8172      shall hear the matter de novo.
             8173          (8) The Office of the Attorney General shall provide counsel to the records committee
             8174      and shall review proposed retention schedules.
             8175          Section 149. Section 63G-6-201 is amended to read:
             8176           63G-6-201. Creation of procurement policy board.
             8177          (1) (a) There is created a state procurement policy board.


             8178          (b) The policy board shall consist of eight members who shall be appointed as follows:
             8179          (i) an employee of a state institution of higher education, appointed by the board of
             8180      regents;
             8181          (ii) an employee of the Department of Human Services, appointed by the executive
             8182      director of that department;
             8183          (iii) an employee of the Department of Transportation, appointed by the executive
             8184      director of that department;
             8185          (iv) an employee of a school district appointed by a cooperative purchasing entity for
             8186      school districts;
             8187          (v) an employee of the Division of Facilities Construction and Management appointed
             8188      by the director of that division;
             8189          (vi) an employee of a county, appointed by the Utah Association of Counties;
             8190          (vii) an employee of a city, appointed by the Utah League of Cities and Towns; and
             8191          (viii) an employee of a local district or special service district, appointed by the Utah
             8192      Association of Special Districts.
             8193          (c) Members of the policy board shall be knowledgeable and experienced in, and have
             8194      supervisory responsibility for, procurement in their official positions.
             8195          (2) Members shall be appointed to four-year staggered terms.
             8196          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             8197      appointed for the unexpired term.
             8198          (4) (a) The policy board shall:
             8199          (i) adopt rules of procedure for conducting its business; and
             8200          (ii) elect a chair to serve for one year.
             8201          (b) The chair may be elected to succeeding terms.
             8202          (c) The chief procurement officer shall serve as the nonvoting secretary to the policy
             8203      board.
             8204          [(5) (a) (i) Members who are not government employees shall receive no
             8205      compensation or benefits for their services, but may receive per diem and expenses incurred in


             8206      the performance of the member's official duties at the rates established by the Division of
             8207      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8208          [(ii) Members may decline to receive per diem and expenses for their service.]
             8209          [(b) (i) State government officer and employee members who do not receive salary, per
             8210      diem, or expenses from their agency for their service may receive per diem and expenses
             8211      incurred in the performance of their official duties from the board at the rates established by
             8212      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8213          [(ii) State government officer and employee members may decline to receive per diem
             8214      and expenses for their service.]
             8215          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             8216      from the entity that they represent for their service may receive per diem and expenses
             8217      incurred in the performance of their official duties from the committee at the rates established
             8218      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8219          [(ii) Higher education members may decline to receive per diem and expenses for their
             8220      service.]
             8221          [(d) (i) Local government members who do not receive salary, per diem, or expenses
             8222      from the entity that they represent for their service may receive per diem and expenses
             8223      incurred in the performance of their official duties at the rates established by the Division of
             8224      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8225          [(ii) Local government members may decline to receive per diem and expenses for
             8226      their service.]
             8227          (5) A member may not receive compensation or benefits for the member's service, but
             8228      may receive per diem and travel expenses in accordance with:
             8229          (a) Section 63A-3-106 ;
             8230          (b) Section 63A-3-107 ; and
             8231          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8232      63A-3-107 .
             8233          Section 150. Section 63G-6-807 is amended to read:


             8234           63G-6-807. Creation of Procurement Appeals Board.
             8235          (1) (a) A Procurement Appeals Board is created in the executive branch. The
             8236      Procurement Appeals Board shall be composed of a chair and one other member, to be
             8237      appointed by the governor, and a third member to be designated by the two appointed
             8238      members on a case-by-case basis.
             8239          (b) None of the members of the Procurement Appeals Board shall otherwise be
             8240      full-time employees of the state.
             8241          (c) The appointed members of the Procurement Appeals Board shall have been
             8242      members in good standing of the state bar for at least five years and shall be experienced in
             8243      contract or commercial matters.
             8244          (d) The designated member shall possess the technical expertise and experience
             8245      needed for the proper disposition of the factual issues presented by the case.
             8246          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             8247      expire, the governor shall appoint each new member or reappointed member to a four-year
             8248      term.
             8249          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             8250      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8251      board members are staggered so that approximately half of the board is appointed every two
             8252      years.
             8253          (c) The designated member shall serve for the case on which designated until the final
             8254      disposition of the case.
             8255          (d) Appointed members may be reappointed for succeeding terms and may continue to
             8256      serve after the expiration of their terms until a successor takes office.
             8257          (e) Qualified persons may be redesignated as members.
             8258          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             8259      appointed for the unexpired term.
             8260          [(4) (a) Members shall receive no compensation or benefits for their services, but may
             8261      receive per diem and expenses incurred in the performance of the member's official duties at


             8262      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8263          [(b) Members may decline to receive per diem and expenses for their service.]
             8264          (4) A member may not receive compensation or benefits for the member's service, but
             8265      may receive per diem and travel expenses in accordance with:
             8266          (a) Section 63A-3-106 ;
             8267          (b) Section 63A-3-107 ; and
             8268          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8269      63A-3-107 .
             8270          Section 151. Section 63H-2-202 is amended to read:
             8271           63H-2-202. Authority board.
             8272          (1) There is created a board of the authority that consists of seven members, appointed
             8273      by the governor, except that the governor shall appoint:
             8274          (a) one member from the Governor's Office of Economic Development;
             8275          (b) three members from a public utility or electric interlocal entity that operates
             8276      electric transmission facilities within the state as follows:
             8277          (i) one member is to be appointed from recommendations from an investor-owned
             8278      electric corporation that operates in this state;
             8279          (ii) one member is to be appointed from recommendations from a wholesale electrical
             8280      cooperative in the state; and
             8281          (iii) one member is to be appointed from recommendations from an electric interlocal
             8282      entity;
             8283          (c) one member of the School and Institutional Trust Lands Board of Trustees created
             8284      in Section 53C-1-202 ;
             8285          (d) one representative of a business entity that produces a renewable energy source;
             8286      and
             8287          (e) one member of the general public.
             8288          (2) (a) The term of a board member is four years.
             8289          (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment


             8290      or reappointment, adjust the length of terms to ensure that the terms of board members are
             8291      staggered so that approximately half of the board is appointed every two years.
             8292          (c) The governor may remove a member of the board for cause.
             8293          (d) The governor shall fill a vacancy in the board in the same manner under this
             8294      section as the appointment of the member whose vacancy is being filled.
             8295          (e) An individual appointed to fill a vacancy shall serve the remaining unexpired term
             8296      of the member whose vacancy the individual is filling.
             8297          (f) A board member shall serve until a successor is appointed and qualified.
             8298          (3) The governor shall appoint a member of the board to be the chair of the board,
             8299      except that the member appointed as chair must be the member appointed under Subsection
             8300      (1)(a).
             8301          (4) (a) Four members of the board is a quorum for conducting board business.
             8302          (b) A majority vote of the quorum present is required for an action to be taken by the
             8303      board.
             8304          (5) (a) The board shall meet at least quarterly on a date the board sets.
             8305          (b) The chair of the board or any two members of the board may call additional
             8306      meetings.
             8307          [(6) (a) (i) A member who is not a government employee may not receive
             8308      compensation or benefits for the member's service, but may receive per diem and expenses
             8309      incurred in the performance of the member's official duties at the rates established by the
             8310      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8311          [(ii) A member who is not a government employee may decline to receive per diem
             8312      and expenses for the member's service.]
             8313          [(b) (i) A state government officer or employee member who does not receive salary,
             8314      per diem, or expenses from the agency the member represents for the member's service may
             8315      receive per diem and expenses incurred in the performance of the member's official duties at
             8316      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8317          [(ii) A state government officer or employee member may decline to receive per diem


             8318      and expenses for the member's service.]
             8319          (6) A member may not receive compensation or benefits for the member's service, but
             8320      may receive per diem and travel expenses in accordance with:
             8321          (a) Section 63A-3-106 ;
             8322          (b) Section 63A-3-107 ; and
             8323          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8324      63A-3-107 .
             8325          Section 152. Section 63I-3-206 is repealed and reenacted to read:
             8326          63I-3-206. Per diem and travel expenses of members.
             8327          A member may not receive compensation or benefits for the member's service, but may
             8328      receive per diem and travel expenses in accordance with:
             8329          (1) Section 63A-3-106 ;
             8330          (2) Section 63A-3-107 ; and
             8331          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8332      63A-3-107 .
             8333          Section 153. Section 63I-4-201 is amended to read:
             8334           63I-4-201. Privatization Policy Board -- Created -- Membership -- Operations --
             8335      Expenses.
             8336          (1) (a) There is created a Privatization Policy Board composed of 17 members.
             8337          (b) The governor shall appoint board members as follows:
             8338          (i) two senators, one each from the majority and minority political parties, from names
             8339      recommended by the president of the Senate;
             8340          (ii) two representatives, one each from the majority and minority political parties, from
             8341      names recommended by the speaker of the House of Representatives;
             8342          (iii) two members representing public employees, from names recommended by the
             8343      largest public employees' association;
             8344          (iv) one member from state management;
             8345          (v) eight members from the private business community;


             8346          (vi) one member representing the Utah League of Cities and Towns from names
             8347      recommended by the Utah League of Cities and Towns; and
             8348          (vii) one member representing the Utah Association of Counties from names
             8349      recommended by the Utah Association of Counties.
             8350          (2) (a) Except as required by Subsection (2)(b), a board member:
             8351          (i) appointed under Subsection (1)(b)(i) or (ii) shall serve a two-year term; and
             8352          (ii) appointed under Subsections (1)(b)(iii) through (vii) shall serve a four-year term.
             8353          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             8354      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8355      board members are staggered so that approximately half of the board is appointed every two
             8356      years.
             8357          (c) The governor shall on or before July 1, 2008 change the appointments to the board
             8358      to reflect the membership requirements of Subsection (1)(b).
             8359          (3) (a) A board member shall hold office until the board member's successor is
             8360      appointed and qualified.
             8361          (b) When a vacancy occurs in the membership for any reason, a replacement shall be
             8362      appointed for the unexpired term.
             8363          (c) Nine members of the board constitute a quorum.
             8364          (d) The vote of a majority of board members voting when a quorum is present is
             8365      necessary for the board to act.
             8366          (4) (a) The board shall select one of the members to serve as chair of the board.
             8367          (b) A chair shall serve as chair for a term of one-year, and may be selected as chair for
             8368      more than one term.
             8369          (5) The chief procurement officer or the chief procurement officer's designee shall
             8370      staff the board.
             8371          (6) The board shall meet:
             8372          (a) at least quarterly; and
             8373          (b) as necessary to conduct its business, as called by the chair.


             8374          [(7) (a) (i) A member who is not a government employee may not receive
             8375      compensation or benefits for the member's services, but may receive per diem and expenses
             8376      incurred in the performance of the member's official duties at the rates established by the
             8377      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8378          [(ii) A member who is not a government employee may decline to receive per diem and
             8379      expenses for the member's service.]
             8380          [(b) (i) A state government officer and employee member who does not receive salary,
             8381      per diem, or expenses from the member's agency for the member's service may receive per
             8382      diem and expenses incurred in the performance of the member's official duties from the board
             8383      at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8384          [(ii) A government officer and employee member may decline to receive per diem and
             8385      expenses for the member's service.]
             8386          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             8387      from the entity that the member represents for the member's service may receive per diem and
             8388      expenses incurred in the performance of the member's official duties at the rates established by
             8389      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8390          [(ii) A local government member may decline to receive per diem and expenses for the
             8391      member's service.]
             8392          [(d) Legislators on the board shall receive compensation and expenses as provided by
             8393      law and legislative rule.]
             8394          (7) A member may not receive compensation or benefits for the member's service, but
             8395      may receive per diem and travel expenses in accordance with:
             8396          (a) Section 63A-3-106 ;
             8397          (b) Section 63A-3-107 ; and
             8398          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8399      63A-3-107 .
             8400          Section 154. Section 63J-4-502 is amended to read:
             8401           63J-4-502. Membership -- Terms -- Chair -- Expenses.


             8402          (1) The Resource Development Coordinating Committee shall consist of the following
             8403      25 members:
             8404          (a) the state science advisor;
             8405          (b) a representative from the Department of Agriculture and Food appointed by the
             8406      executive director;
             8407          (c) a representative from the Department of Community and Culture appointed by the
             8408      executive director;
             8409          (d) a representative from the Department of Environmental Quality appointed by the
             8410      executive director;
             8411          (e) a representative from the Department of Natural Resources appointed by the
             8412      executive director;
             8413          (f) a representative from the Department of Transportation appointed by the executive
             8414      director;
             8415          (g) a representative from the Governor's Office of Economic Development appointed
             8416      by the director;
             8417          (h) a representative from the Division of Housing and Community Development
             8418      appointed by the director;
             8419          (i) a representative from the Division of State History appointed by the director;
             8420          (j) a representative from the Division of Air Quality appointed by the director;
             8421          (k) a representative from the Division of Drinking Water appointed by the director;
             8422          (l) a representative from the Division of Environmental Response and Remediation
             8423      appointed by the director;
             8424          (m) a representative from the Division of Radiation appointed by the director;
             8425          (n) a representative from the Division of Solid and Hazardous Waste appointed by the
             8426      director;
             8427          (o) a representative from the Division of Water Quality appointed by the director;
             8428          (p) a representative from the Division of Oil, Gas, and Mining appointed by the
             8429      director;


             8430          (q) a representative from the Division of Parks and Recreation appointed by the
             8431      director;
             8432          (r) a representative from the Division of Forestry, Fire, and State Lands appointed by
             8433      the director;
             8434          (s) a representative from the Utah Geological Survey appointed by the director;
             8435          (t) a representative from the Division of Water Resources appointed by the director;
             8436          (u) a representative from the Division of Water Rights appointed by the director;
             8437          (v) a representative from the Division of Wildlife Resources appointed by the director;
             8438          (w) a representative from the School and Institutional Trust Lands Administration
             8439      appointed by the director;
             8440          (x) a representative from the Division of Facilities Construction and Management
             8441      appointed by the director; and
             8442          (y) a representative from the Division of Homeland Security appointed by the director.
             8443          (2) (a) As particular issues require, the committee may, by majority vote of the
             8444      members present, and with the concurrence of the state planning coordinator, appoint
             8445      additional temporary members to serve as ex officio voting members.
             8446          (b) Those ex officio members may discuss and vote on the issue or issues for which
             8447      they were appointed.
             8448          (3) A chair shall be selected by a majority vote of committee members with the
             8449      concurrence of the state planning coordinator.
             8450          [(4) (a) (i) Members who are not government employees shall receive no
             8451      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8452      the performance of the member's official duties at the rates established by the Division of
             8453      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8454          [(ii) Members may decline to receive per diem and expenses for their service.]
             8455          [(b) (i) State government officer and employee members who do not receive salary, per
             8456      diem, or expenses from their agency for their service may receive per diem and expenses
             8457      incurred in the performance of their official duties from the council at the rates established by


             8458      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8459          [(ii) State government officer and employee members may decline to receive per diem
             8460      and expenses for their service.]
             8461          (4) A member may not receive compensation or benefits for the member's service, but
             8462      may receive per diem and travel expenses in accordance with:
             8463          (a) Section 63A-3-106 ;
             8464          (b) Section 63A-3-107 ; and
             8465          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8466      63A-3-107 .
             8467          Section 155. Section 63K-3-201 is amended to read:
             8468           63K-3-201. Emergency Management Administration Council created -- Function
             8469      -- Composition -- Expenses.
             8470          (1) There is created the Emergency Management Administration Council to provide
             8471      advice and coordination for state and local government agencies on government emergency
             8472      prevention, mitigation, preparedness, response, and recovery actions and activities.
             8473          (2) The council shall meet at the call of the chair, but at least quarterly.
             8474          (3) The council shall be made up of the:
             8475          (a) lieutenant governor, or the lieutenant governor's designee;
             8476          (b) attorney general, or the attorney general's designee;
             8477          (c) heads of the following state agencies, or their designees:
             8478          (i) Department of Public Safety;
             8479          (ii) Division of Homeland Security;
             8480          (iii) Department of Transportation;
             8481          (iv) Department of Health;
             8482          (v) Department of Environmental Quality;
             8483          (vi) Department of Community and Economic Development; and
             8484          (vii) Department of Natural Resources;
             8485          (d) adjutant general of the National Guard or the adjutant general's designee;


             8486          (e) commissioner of agriculture and food or the commissioner's designee;
             8487          (f) two representatives with expertise in emergency management appointed by the
             8488      Utah League of Cities and Towns;
             8489          (g) two representatives with expertise in emergency management appointed by the
             8490      Utah Association of Counties;
             8491          (h) up to four additional members with expertise in homeland security, critical
             8492      infrastructure, or key resources as these terms are defined under 6 U.S. Code Section 101
             8493      appointed from the private sector, by the chair of the council; and
             8494          (i) two representatives appointed by the Utah Emergency Management Association.
             8495          (4) The commissioner of Public Safety and the lieutenant governor shall serve as
             8496      co-chairs of the council.
             8497          [(5) (a) State government officer and employee members who do not receive salary,
             8498      per diem, or expenses from their agency for their service may receive per diem and expenses
             8499      incurred in the performance of their official duties from the council at the rates established by
             8500      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8501          [(b) State government officer and employee members may decline to receive per diem
             8502      and expenses for their service.]
             8503          (5) A member may not receive compensation or benefits for the member's service, but
             8504      may receive per diem and travel expenses in accordance with:
             8505          (a) Section 63A-3-106 ;
             8506          (b) Section 63A-3-107 ; and
             8507          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8508      63A-3-107 .
             8509          (6) The council shall coordinate with existing emergency management related entities
             8510      including:
             8511          (a) the Homeland Security Regional Committees established by the Department of
             8512      Public Safety;
             8513          (b) the Statewide Mutual Aid Committee established under Section 53-2-503 ; and


             8514          (c) the Hazardous Chemical Emergency Response Commission designated under
             8515      Section 63K-3-301 .
             8516          (7) The council may establish other committees and task forces as determined
             8517      necessary by the council to carry out the duties of the council.
             8518          Section 156. Section 63K-3-301 is amended to read:
             8519           63K-3-301. Hazardous Chemical Emergency Response Commission -- Allocation
             8520      of responsibilities -- Local planning committees -- Specified federal law considered law
             8521      of state -- Application to federal agencies and facilities.
             8522          (1) (a) The commissioner of the Department of Public Safety and the executive
             8523      director of the Department of Environmental Quality, or their respective designees, are
             8524      designated as the state's Hazardous Chemical Emergency Response Commission for purposes
             8525      of carrying out all requirements of the federal Emergency Planning and Community Right To
             8526      Know Act of 1986.
             8527          [(b) (i) State government officer and employee members who do not receive salary, per
             8528      diem, or expenses from their agency for their service may receive per diem and expenses
             8529      incurred in the performance of their official duties from the commission at the rates
             8530      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8531          [(ii) State government officer and employee members may decline to receive per diem
             8532      and expenses for their service.]
             8533          (b) A member may not receive compensation or benefits for the member's service, but
             8534      may receive per diem and travel expenses in accordance with:
             8535          (i) Section 63A-3-106 ;
             8536          (ii) Section 63A-3-107 ; and
             8537          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8538      63A-3-107 .
             8539          (2) The Department of Public Safety has primary responsibility for all emergency
             8540      planning activities under the federal Emergency Planning and Community Right To Know Act
             8541      of 1986, and shall prepare policy and procedure and make rules necessary for implementation


             8542      of that act in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
             8543          (3) The Department of Environmental Quality has primary responsibility for receiving,
             8544      processing, and managing hazardous chemical information and notifications under the federal
             8545      Emergency Planning and Community Right To Know Act of 1986, including preparation of
             8546      policy and procedure, and promulgation of rules necessary for implementation of that act.
             8547      Funding for this program must be from the appropriation acts.
             8548          (4) The Department of Public Safety and the Department of Environmental Quality
             8549      shall enter into an interagency agreement providing for exchange of information and
             8550      coordination of their respective duties and responsibilities under this section.
             8551          (5) (a) The Hazardous Chemical Emergency Response Commission shall appoint a
             8552      local planning committee for each local planning district that it establishes, as required by the
             8553      federal Emergency Planning and Community Right To Know Act of 1986, and to the extent
             8554      possible, shall use an existing local governmental organization as the local planning
             8555      committee.
             8556          (b) (i) Local government members who do not receive salary, per diem, or expenses
             8557      from the entity that they represent for their service may receive per diem and expenses
             8558      incurred in the performance of their official duties at the rates established by the Division of
             8559      Finance under Sections 63A-3-106 and 63A-3-107 .
             8560          (ii) Local government members may decline to receive per diem and expenses for their
             8561      service.
             8562          (6) Requirements of the federal Emergency Planning and Community Right To Know
             8563      Act of 1986 pertaining to notification and submission of information are the law of this state,
             8564      and apply equally to federal agencies, departments, installations, and facilities located in this
             8565      state, as well as to other facilities that are subject to that act.
             8566          Section 157. Section 63M-1-302 is amended to read:
             8567           63M-1-302. Members -- Meetings -- Expenses.
             8568          (1) (a) The board shall consist of 15 members appointed by the governor to four-year
             8569      terms of office with the consent of the Senate.


             8570          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
             8571      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8572      board members are staggered so that approximately half of the board is appointed every two
             8573      years.
             8574          (c) The members may not serve more than two full consecutive terms except where the
             8575      governor determines that an additional term is in the best interest of the state.
             8576          (2) Not more than eight members of the board may be from one political party.
             8577          (3) The members shall be representative of all areas of the state.
             8578          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             8579      appointed for the unexpired term.
             8580          (5) Eight members of the board constitute a quorum for conducting board business
             8581      and exercising board power.
             8582          (6) The governor shall select one of the board members as its chair.
             8583          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             8584      receive per diem and expenses incurred in the performance of the member's official duties at
             8585      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8586          [(b) Members may decline to receive per diem and expenses for their service.]
             8587          (7) A member may not receive compensation or benefits for the member's service, but
             8588      may receive per diem and travel expenses in accordance with:
             8589          (a) Section 63A-3-106 ;
             8590          (b) Section 63A-3-107 ; and
             8591          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8592      63A-3-107 .
             8593          Section 158. Section 63M-1-604 is amended to read:
             8594           63M-1-604. Members -- Appointment -- Terms -- Qualifications -- Vacancies --
             8595      Chair and vice chair -- Executive secretary -- Executive committee -- Quorum --
             8596      Expenses.
             8597          (1) The council comprises the following nonvoting members or their designees:


             8598          (a) the adviser;
             8599          (b) the executive director of the Department of Natural Resources;
             8600          (c) the executive director of the Department of Community and Culture;
             8601          (d) the executive director of the Department of Health;
             8602          (e) the executive director of the Department of Environmental Quality;
             8603          (f) the commissioner of agriculture and food;
             8604          (g) the commissioner of higher education;
             8605          (h) the state planning coordinator; and
             8606          (i) the executive director of the Department of Transportation.
             8607          (2) The governor may appoint other voting members, not to exceed 12.
             8608          (3) (a) Except as required by Subsection (3)(b), as terms of current council members
             8609      expire, the governor shall appoint each new member or reappointed member to a four-year
             8610      term.
             8611          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             8612      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8613      council members are staggered so that approximately half of the council is appointed every
             8614      two years.
             8615          (4) The governor shall consider all institutions of higher education in the state in the
             8616      appointment of council members.
             8617          (5) The voting members of the council shall be experienced or knowledgeable in the
             8618      application of science and technology to business, industry, or public problems and have
             8619      demonstrated their interest in and ability to contribute to the accomplishment of the purposes
             8620      of this part.
             8621          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             8622      appointed for the unexpired term.
             8623          (7) (a) Each year the council shall select from its membership a chair and a vice chair.
             8624          (b) The chair and vice chair shall hold office for one year or until a successor is
             8625      appointed and qualified.


             8626          (8) The adviser serves as executive secretary of the council.
             8627          (9) An executive committee shall be established consisting of the chair, vice chair, and
             8628      the adviser.
             8629          (10) (a) In order to conduct business matters of the council at regularly convened
             8630      meetings, a quorum consisting of a simple majority of the total voting membership of the
             8631      council is required.
             8632          (b) All matters of business affecting public policy require not less than a simple
             8633      majority of affirmative votes of the total membership.
             8634          [(11) (a) (i) Members who are not government employees shall receive no
             8635      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8636      the performance of the member's official duties at the rates established by the Division of
             8637      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8638          [(ii) Members may decline to receive per diem and expenses for their service.]
             8639          [(b) (i) State government officer and employee members who do not receive salary, per
             8640      diem, or expenses from their agency for their service may receive per diem and expenses
             8641      incurred in the performance of their official duties from the council at the rates established by
             8642      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8643          [(ii) State government officer and employee members may decline to receive per diem
             8644      and expenses for their service.]
             8645          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             8646      from the entity that they represent for their service may receive per diem and expenses
             8647      incurred in the performance of their official duties from the committee at the rates established
             8648      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8649          [(ii) Higher education members may decline to receive per diem and expenses for their
             8650      service.]
             8651          (11) A member may not receive compensation or benefits for the member's service,
             8652      but may receive per diem and travel expenses in accordance with:
             8653          (a) Section 63A-3-106 ;


             8654          (b) Section 63A-3-107 ; and
             8655          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8656      63A-3-107 .
             8657          Section 159. Section 63M-1-1205 is amended to read:
             8658           63M-1-1205. Board members -- Meetings -- Expenses.
             8659          (1) (a) The board shall consist of five members.
             8660          (b) Of the five members:
             8661          (i) one shall be the state treasurer;
             8662          (ii) one shall be the director or the director's designee; and
             8663          (iii) three shall be appointed by the governor and confirmed by the Senate.
             8664          (c) The three members appointed by the governor shall serve four-year staggered terms
             8665      with the initial terms of the first three members to be four years for one member, three years
             8666      for one member, and two years for one member.
             8667          (2) When a vacancy occurs in the membership of the board for any reason, the
             8668      vacancy shall be:
             8669          (a) filled in the same manner as the appointment of the original member; and
             8670          (b) for the unexpired term of the board member being replaced.
             8671          (3) Appointed members of the board may not serve more than two full consecutive
             8672      terms except where the governor determines that an additional term is in the best interest of
             8673      the state.
             8674          (4) Three members of the board constitute a quorum for conducting business and
             8675      exercising board power, provided that a minimum of three affirmative votes is required for
             8676      board action and at least one of the affirmative votes is cast by either the director or the
             8677      director's designee or the state treasurer.
             8678          [(5) (a) Members of the board may not receive compensation or benefits for their
             8679      services, but may receive per diem and expenses incurred in the performance of the members'
             8680      official duties at rates established by the Division of Finance under Sections 63A-3-106 and
             8681      63A-3-107 .]


             8682          [(b) Members of the board may decline to receive per diem and expenses for their
             8683      services.]
             8684          (5) A member may not receive compensation or benefits for the member's service, but
             8685      may receive per diem and travel expenses in accordance with:
             8686          (a) Section 63A-3-106 ;
             8687          (b) Section 63A-3-107 ; and
             8688          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8689      63A-3-107 .
             8690          (6) Members of the board shall be selected on the basis of demonstrated expertise and
             8691      competence in:
             8692          (a) the supervision of investment managers;
             8693          (b) the fiduciary management of investment funds; or
             8694          (c) the management and administration of tax credit allocation programs.
             8695          (7) The board and its members are considered to be a governmental entity with all of
             8696      the rights, privileges, and immunities of a governmental entity of the state, including all of the
             8697      rights and benefits conferred under Title 63G, Chapter 7, Governmental Immunity Act of
             8698      Utah.
             8699          (8) Meetings of the board, except to the extent necessary to protect the information
             8700      identified in Subsection 63M-1-1224 (3), are subject to Title 52, Chapter 4, Open and Public
             8701      Meetings Act.
             8702          Section 160. Section 63M-1-1402 is amended to read:
             8703           63M-1-1402. Members -- Meetings -- Expenses.
             8704          (1) (a) The board shall consist of 13 members appointed by the governor to four-year
             8705      terms of office with the consent of the Senate.
             8706          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
             8707      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             8708      board members are staggered so that approximately half of the board is appointed every two
             8709      years.


             8710          (2) The members may not serve more than two full consecutive terms unless the
             8711      governor determines that an additional term is in the best interest of the state.
             8712          (3) Not more than seven members of the board may be of the same political party.
             8713          (4) (a) The members shall be representative of:
             8714          (i) all areas of the state with six being appointed from separate geographical areas as
             8715      provided in Subsection (4)(b); and
             8716          (ii) a diverse mix of business ownership or executive management of tourism related
             8717      industries.
             8718          (b) The geographical representatives shall be appointed as follows:
             8719          (i) one member from Salt Lake, Tooele, or Morgan County;
             8720          (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
             8721          (iii) one member from Utah, Summit, Juab, or Wasatch County;
             8722          (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
             8723          (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
             8724          (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
             8725          (c) The tourism industry representatives of ownership or executive management shall
             8726      be appointed as follows:
             8727          (i) one member from ownership or executive management of the lodging industry, as
             8728      recommended by the lodging industry for the governor's consideration;
             8729          (ii) one member from ownership or executive management of the restaurant industry,
             8730      as recommended by the restaurant industry for the governor's consideration;
             8731          (iii) one member from ownership or executive management of the ski industry, as
             8732      recommended by the ski industry for the governor's consideration; and
             8733          (iv) one member from ownership or executive management of the motor vehicle rental
             8734      industry, as recommended by the motor vehicle rental industry for the governor's
             8735      consideration.
             8736          (d) One member shall be appointed at large from ownership or executive management
             8737      of business, finance, economic policy, or the academic media marketing community.


             8738          (e) One member shall be appointed from the Utah Tourism Industry Coalition as
             8739      recommended by the coalition for the governor's consideration.
             8740          (f) One member shall be appointed to represent the state's counties as recommended
             8741      by the Utah Association of Counties for the governor's consideration.
             8742          (g) (i) The governor may choose to disregard a recommendation made for a board
             8743      member under Subsections (4)(c), (e), and (f).
             8744          (ii) The governor shall request additional recommendations if recommendations are
             8745      disregarded under Subsection (4)(g)(i).
             8746          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             8747      appointed for the unexpired term from the same geographic area or industry representation as
             8748      the member whose office was vacated.
             8749          (6) Seven members of the board constitute a quorum for conducting board business
             8750      and exercising board powers.
             8751          (7) The governor shall select one of the board members as chair and one of the board
             8752      members as vice chair, each for a four-year term as recommended by the board for the
             8753      governor's consideration.
             8754          [(8) (a) Members shall receive no compensation or benefits for their services, but may
             8755      receive per diem and expenses incurred in the performance of the member's official duties at
             8756      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8757          [(b) Members may decline to receive per diem and expenses for their service.]
             8758          (8) A member may not receive compensation or benefits for the member's service, but
             8759      may receive per diem and travel expenses in accordance with:
             8760          (a) Section 63A-3-106 ;
             8761          (b) Section 63A-3-107 ; and
             8762          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8763      63A-3-107 .
             8764          (9) The board shall meet monthly or as often as the board determines to be necessary
             8765      at various locations throughout the state.


             8766          (10) Members who may have a potential conflict of interest in consideration of fund
             8767      allocation decisions shall identify the potential conflict prior to voting on the issue.
             8768          (11) (a) The board shall determine attendance requirements for maintaining a
             8769      designated board seat.
             8770          (b) If a board member fails to attend according to the requirements established
             8771      pursuant to Subsection (11)(a), the board member shall be replaced upon written certification
             8772      from the board chair or vice chair to the governor.
             8773          (c) A replacement appointed by the governor under Subsection (11)(b) shall serve for
             8774      the remainder of the board member's unexpired term.
             8775          (12) The board's office shall be in Salt Lake City.
             8776          Section 161. Section 63M-1-1503 is amended to read:
             8777           63M-1-1503. Advisory board.
             8778          (1) (a) There is created within the office the Utah Pioneer Communities Advisory
             8779      Board.
             8780          (b) The Permanent Community Impact Fund Board created in Section 9-4-304 shall
             8781      act as the advisory board.
             8782          (2) The advisory board shall have the powers and duties described in Section
             8783      63M-1-1504 and shall operate the Utah Pioneer Communities Program in accordance with
             8784      Section 63M-1-1505 .
             8785          (3) The director shall designate an employee of the office to serve as a nonvoting
             8786      secretary for the advisory board.
             8787          [(4) (a) (i) Members who are not government employees shall receive no
             8788      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8789      the performance of the member's official duties at the rates established by the Division of
             8790      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8791          [(ii) Members may decline to receive per diem and expenses for their service.]
             8792          [(b) (i) State government officer and employee members who do not receive salary, per
             8793      diem, or expenses from their agency for their service may receive per diem and expenses


             8794      incurred in the performance of their official duties from the board at the rates established by
             8795      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8796          [(ii) State government officer and employee members may decline to receive per diem
             8797      and expenses for their service.]
             8798          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             8799      from the entity that they represent for their service may receive per diem and expenses
             8800      incurred in the performance of their official duties from the committee at the rates established
             8801      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8802          [(ii) Higher education members may decline to receive per diem and expenses for their
             8803      service.]
             8804          [(d) (i) Local government members who do not receive salary, per diem, or expenses
             8805      from the entity that they represent for their service may receive per diem and expenses
             8806      incurred in the performance of their official duties at the rates established by the Division of
             8807      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8808          [(ii) Local government members may decline to receive per diem and expenses for
             8809      their service.]
             8810          (4) A member may not receive compensation or benefits for the member's service, but
             8811      may receive per diem and travel expenses in accordance with:
             8812          (a) Section 63A-3-106 ;
             8813          (b) Section 63A-3-107 ; and
             8814          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8815      63A-3-107 .
             8816          Section 162. Section 63M-1-2611 is amended to read:
             8817           63M-1-2611. Advisory committee.
             8818          (1) The director may appoint an advisory committee comprised of:
             8819          (a) representatives of:
             8820          (i) the affected department for the proposal;
             8821          (ii) a directly affected state entity or school district;


             8822          (iii) the Department of Human Resource Management; and
             8823          (iv) the Division of Risk Management;
             8824          (b) members of the public; and
             8825          (c) other members.
             8826          [(2) Members of an advisory committee shall receive no compensation or benefits for
             8827      their services, but may receive per diem and expenses incurred in the performance of the
             8828      members' official duties at the rates established by the Division of Finance under Sections
             8829      63A-3-106 and 63A-3-107 .]
             8830          [(3) Members of an advisory committee may decline to receive per diem and expenses
             8831      for their service.]
             8832          (2) A member of an advisory committee may not receive compensation or benefits for
             8833      the member's service, but may receive per diem and travel expenses in accordance with:
             8834          (a) Section 63A-3-106 ;
             8835          (b) Section 63A-3-107 ; and
             8836          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8837      63A-3-107 .
             8838          [(4)] (3) An advisory committee appointed in accordance with Subsection (1) may not
             8839      participate in the final decision-making of the committee or the board.
             8840          [(5)] (4) The staff, any outside consultant, and any advisory subcommittee shall:
             8841          (a) provide the committee and the board with professional services, including
             8842      architectural, engineering, legal, and financial services, to develop rules and guidelines to
             8843      implement the program described in this part; and
             8844          (b) assist the committee and the board in:
             8845          (i) reviewing and commenting on initial proposals;
             8846          (ii) reviewing and commenting on detailed proposals; and
             8847          (iii) preparing and negotiating the terms of any project agreement.
             8848          Section 163. Section 63M-1-2706 is amended to read:
             8849           63M-1-2706. Utah Business Resource Centers Advisory Board -- Creation --


             8850      Membership -- Vacancies -- Chairs.
             8851          (1) There is created the Utah Business Resource Centers Advisory Board, composed of
             8852      at least nine members appointed by the executive director of the Governor's Office of
             8853      Economic Development.
             8854          (2) The executive director shall appoint:
             8855          (a) [shall appoint] one member from each host institution;
             8856          (b) [shall appoint] three members from urban areas in the state; and
             8857          (c) [shall appoint] two members from rural areas in the state.
             8858          (3) Each board member shall have a background or expertise in any one or all of the
             8859      following:
             8860          (a) state or local economic development;
             8861          (b) business networking, growth, or development;
             8862          (c) entrepreneurship;
             8863          (d) business management or administration; or
             8864          (e) the establishment of partnerships or collaborative efforts with state, local, and
             8865      federal agencies and institutions, as well as private entities.
             8866          (4) (a) The executive director shall appoint board members for four-year terms.
             8867          (b) The board shall, at the time of appointment or reappointment, adjust the length of
             8868      terms to ensure that the terms of these members are staggered so that approximately half of the
             8869      members are appointed every two years.
             8870          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             8871      appointed by the executive director for the unexpired term in the same manner as the vacated
             8872      member was chosen.
             8873          (5) The board shall elect one of its members as a chair of the board for a two-year
             8874      term.
             8875          (6) The board shall meet at the call of the chair, but at least quarterly.
             8876          (7) (a) A majority of the members of the board constitute a quorum.
             8877          (b) The action of a majority of a quorum constitutes the action of the board.


             8878          [(8) (a) A board member may not receive compensation or benefits for the member's
             8879      service, but may receive per diem and expenses incurred in the performance of the member's
             8880      official duties at the rates established by the Division of Finance under Sections 63A-3-106
             8881      and 63A-3-107 .]
             8882          [(b) A member may decline to receive per diem and expenses authorized under Section
             8883      (8)(a).]
             8884          (8) A member may not receive compensation or benefits for the member's service, but
             8885      may receive per diem and travel expenses in accordance with:
             8886          (a) Section 63A-3-106 ;
             8887          (b) Section 63A-3-107 ; and
             8888          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8889      63A-3-107 .
             8890          Section 164. Section 63M-2-301 is amended to read:
             8891           63M-2-301. The Utah Science Technology and Research Governing Authority --
             8892      Creation -- Membership -- Meetings -- Staff.
             8893          (1) There is created the Utah Science Technology and Research Governing Authority
             8894      consisting of the state treasurer, the executive director of the Governor's Office of Economic
             8895      Development, and the following eight members appointed as follows with the consent of the
             8896      Senate:
             8897          (a) three appointed by the governor;
             8898          (b) two appointed by the president of the Senate;
             8899          (c) two appointed by the speaker of the House of Representatives; and
             8900          (d) one appointed by the commissioner of higher education.
             8901          (2) (a) (i) The eight appointed members shall serve four-year staggered terms.
             8902          (ii) The appointed members may not serve more than two full consecutive terms.
             8903          (b) Notwithstanding Subsection (2)(a)(i), the terms of the first members of the
             8904      governing authority shall be staggered by lot so that half of the initial members serve two-year
             8905      terms and half serve four-year terms.


             8906          (3) Vacancies in the appointed positions on the governing authority shall be filled by
             8907      the appointing authority with consent of the Senate for the unexpired term.
             8908          (4) (a) The governor shall select the chair of the governing authority to serve a
             8909      one-year term.
             8910          (b) The executive director of the Governor's Office of Economic Development shall
             8911      serve as the vice chair of the governing authority.
             8912          (5) The governing authority shall meet at least monthly and may meet more frequently
             8913      at the request of a majority of the members of the governing authority.
             8914          (6) Five members of the governing authority are a quorum.
             8915          [(7) (a) Members who are not government employees shall receive no compensation or
             8916      benefits for their services, but may receive per diem and expenses incurred in the performance
             8917      of the member's official duties at the rates established by the Division of Finance under
             8918      Sections 63A-3-106 and 63A-3-107 .]
             8919          [(b) Members may decline to receive per diem and expenses for their service.]
             8920          (7) A member may not receive compensation or benefits for the member's service, but
             8921      may receive per diem and travel expenses in accordance with:
             8922          (a) Section 63A-3-106 ;
             8923          (b) Section 63A-3-107 ; and
             8924          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8925      63A-3-107 .
             8926          (8) (a) (i) The governing authority shall hire a full-time executive director to provide
             8927      staff support for the governing authority.
             8928          (ii) The executive director is an at-will employee who may be terminated without
             8929      cause by the governor or by majority vote of the governing authority.
             8930          (b) The Governor's Office of Economic Development shall provide office space and
             8931      administrative support for the executive director.
             8932          Section 165. Section 63M-2-303 is amended to read:
             8933           63M-2-303. Utah Science Technology and Research Governing Authority


             8934      Advisory Council -- Chair -- Meetings.
             8935          (1) There is created the Utah Science Technology and Research Governing Authority
             8936      Advisory Council consisting of 12 members appointed as follows:
             8937          (a) one member appointed by the director of the Governor's Office of Economic
             8938      Development;
             8939          (b) one member appointed by the Utah Information Technology Association;
             8940          (c) one member appointed by the Utah Nanotechnology Initiative;
             8941          (d) one member appointed by the Economic Development Corporation of Utah;
             8942          (e) one member appointed by the Utah Life Science Association;
             8943          (f) one member appointed by the Salt Lake Area Chamber of Commerce;
             8944          (g) one member appointed by the Provo-Orem Chamber of Commerce;
             8945          (h) one member appointed by the Davis Area Chamber of Commerce;
             8946          (i) one member appointed by the Ogden-Weber Chamber of Commerce;
             8947          (j) one member appointed by the Cache Chamber of Commerce;
             8948          (k) one member appointed by the St. George Area Chamber of Commerce; and
             8949          (l) one member appointed by the Vernal Chamber of Commerce.
             8950          (2) The governing authority shall consult with the advisory council about the project.
             8951          (3) The advisory council shall select a chair from among its members to serve a
             8952      two-year term.
             8953          (4) The advisory council shall convene whenever the governing authority requests a
             8954      meeting for consultation.
             8955          [(5) (a) (i) Members who are not government employees shall receive no
             8956      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8957      the performance of the member's official duties at the rates established by the Division of
             8958      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8959          [(ii) Members may decline to receive per diem and expenses for their service.]
             8960          [(b) (i) State government officer and employee members who do not receive salary, per
             8961      diem, or expenses from their agency for their service may receive per diem and expenses


             8962      incurred in the performance of their official duties from the committee at the rates established
             8963      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8964          [(ii) State government officer and employee members may decline to receive per diem
             8965      and expenses for their service.]
             8966          (5) A member may not receive compensation or benefits for the member's service, but
             8967      may receive per diem and travel expenses in accordance with:
             8968          (a) Section 63A-3-106 ;
             8969          (b) Section 63A-3-107 ; and
             8970          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8971      63A-3-107 .
             8972          Section 166. Section 63M-7-207 is repealed and reenacted to read:
             8973          63M-7-207. Members serve without pay -- Reimbursement for expenses.
             8974          A member may not receive compensation or benefits for the member's service, but may
             8975      receive per diem and travel expenses in accordance with:
             8976          (1) Section 63A-3-106 ;
             8977          (2) Section 63A-3-107 ; and
             8978          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             8979      63A-3-107 .
             8980          Section 167. Section 63M-7-302 is amended to read:
             8981           63M-7-302. Chair -- Vacancies -- Quorum -- Expenses.
             8982          (1) The Utah Substance Abuse and Anti-Violence Coordinating Council shall annually
             8983      select one of its members to serve as chair.
             8984          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
             8985      appointed for the unexpired term in the same manner as the position was originally filled.
             8986          (3) A majority of the members of the council constitutes a quorum.
             8987          [(4) (a) (i) Members who are not government employees shall receive no
             8988      compensation or benefits for their services, but may receive per diem and expenses incurred in
             8989      the performance of the member's official duties at the rates established by the Division of


             8990      Finance under Sections 63A-3-106 and 63A-3-107 .]
             8991          [(ii) Members may decline to receive per diem and expenses for their service.]
             8992          [(b) (i) State government officer and employee members who do not receive salary, per
             8993      diem, or expenses from their agency for their service may receive per diem and expenses
             8994      incurred in the performance of their official duties from the council at the rates established by
             8995      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             8996          [(ii) State government officer and employee members may decline to receive per diem
             8997      and expenses for their service.]
             8998          [(c) Legislators on the council shall receive compensation and expenses as provided by
             8999      law and legislative rule.]
             9000          [(d) (i) Local government members who do not receive salary, per diem, or expenses
             9001      from the entity that they represent for their service may receive per diem and expenses
             9002      incurred in the performance of their official duties at the rates established by the Division of
             9003      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9004          [(ii) Local government members may decline to receive per diem and expenses for
             9005      their service.]
             9006          (4) A member may not receive compensation or benefits for the member's service, but
             9007      may receive per diem and travel expenses in accordance with:
             9008          (a) Section 63A-3-106 ;
             9009          (b) Section 63A-3-107 ; and
             9010          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9011      63A-3-107 .
             9012          (5) The council may establish subcommittees as needed to assist in accomplishing its
             9013      duties under Section 63M-7-303 .
             9014          Section 168. Section 63M-7-304 is amended to read:
             9015           63M-7-304. Chair -- Vacancies -- Quorum -- Expenses.
             9016          (1) The members of each subcommittee established by the council shall annually
             9017      select a chair or co-chairs from among the members of the subcommittee.


             9018          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
             9019      appointed for the unexpired term in the same manner as the position was originally filled.
             9020          (3) A majority of the members of a subcommittee constitutes a quorum for the
             9021      transaction of business by the subcommittee.
             9022          [(4) (a) (i) Members who are not government employees shall receive no
             9023      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9024      the performance of the member's official duties at the rates established by the Division of
             9025      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9026          [(ii) Members may decline to receive per diem and expenses for their service.]
             9027          [(b) (i) State government officer and employee members who do not receive salary, per
             9028      diem, or expenses from their agency for their service may receive per diem and expenses
             9029      incurred in the performance of their official duties from the committee at the rates established
             9030      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9031          [(ii) State government officer and employee members may decline to receive per diem
             9032      and expenses for their service.]
             9033          [(c) Legislators on the subcommittee shall receive compensation and expenses as
             9034      provided by law and legislative rule.]
             9035          [(d) Members from higher education may not receive per diem or expenses for their
             9036      service.]
             9037          [(e) (i) Local government members who do not receive salary, per diem, or expenses
             9038      from the entity that they represent for their service may receive per diem and expenses
             9039      incurred in the performance of their official duties at the rates established by the Division of
             9040      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9041          [(ii) Local government members may decline to receive per diem and expenses for
             9042      their service.]
             9043          (4) A member may not receive compensation or benefits for the member's service, but
             9044      may receive per diem and travel expenses in accordance with:
             9045          (a) Section 63A-3-106 ;


             9046          (b) Section 63A-3-107 ; and
             9047          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9048      63A-3-107 .
             9049          Section 169. Section 63M-7-405 is amended to read:
             9050           63M-7-405. Compensation of members -- Reports to the Legislature, the courts,
             9051      and the governor.
             9052          [(1) (a) (i) Members who are not government employees shall receive no
             9053      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9054      the performance of the member's official duties at the rates established by the Division of
             9055      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9056          [(ii) Members may decline to receive per diem and expenses for their service.]
             9057          [(b) (i) State government officer and employee members who do not receive salary, per
             9058      diem, or expenses from their agency for their service may receive per diem and expenses
             9059      incurred in the performance of their official duties from the commission at the rates
             9060      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9061          [(ii) State government officer and employee members may decline to receive per diem
             9062      and expenses for their service.]
             9063          (1) A member may not receive compensation or benefits for the member's service, but
             9064      may receive per diem and travel expenses in accordance with:
             9065          (a) Section 63A-3-106 ;
             9066          (b) Section 63A-3-107 ; and
             9067          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9068      63A-3-107 .
             9069          (2) The commission shall submit to the Legislature, the courts, and to the governor at
             9070      least 60 days prior to the annual general session of the Legislature its reports and
             9071      recommendations for sentencing guidelines and amendments. It is intended that the
             9072      commission utilize existing data and resources from state criminal justice agencies. The
             9073      commission is authorized to employ professional assistance and other staff members as it


             9074      considers necessary or desirable.
             9075          (3) The commission shall be responsive to all three branches of government, but be
             9076      part of the Commission on Criminal and Juvenile Justice for coordination on criminal and
             9077      juvenile justice issues, budget, and administrative support.
             9078          Section 170. Section 63M-7-504 is amended to read:
             9079           63M-7-504. Crime Victim Reparations Board -- Members.
             9080          (1) (a) A Crime Victim Reparations Board is created, consisting of seven members
             9081      appointed by the governor with the consent of the Senate.
             9082          (b) The membership of the board shall consist of:
             9083          (i) a member of the bar of this state;
             9084          (ii) a victim of criminally injurious conduct;
             9085          (iii) a licensed physician;
             9086          (iv) a representative of law enforcement;
             9087          (v) a mental health care provider; and
             9088          (vi) two other private citizens.
             9089          (c) The governor may appoint a chair of the board who shall serve for a period of time
             9090      prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
             9091      vice chair to serve in the absence of the chair.
             9092          (d) The board may hear appeals from administrative decisions as provided in rules
             9093      adopted pursuant to Section 63M-7-515 .
             9094          (2) (a) Except as required by Subsection (2)(b), as terms of current board members
             9095      expire, the governor shall appoint each new member or reappointed member to a four-year
             9096      term.
             9097          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             9098      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9099      board members are staggered so that approximately half of the board is appointed every two
             9100      years.
             9101          (c) A member may be reappointed to one successive term.


             9102          (3) (a) When a vacancy occurs in the membership for any reason, the replacement
             9103      shall be appointed for the unexpired term.
             9104          (b) A member resigning from the board shall serve until the member's successor is
             9105      appointed and qualified.
             9106          [(4) (a) (i) Members who are not government employees shall receive no
             9107      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9108      the performance of the member's official duties at the rates established by the Division of
             9109      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9110          [(ii) Members may decline to receive per diem and expenses for their service.]
             9111          [(b) (i) State government officer and employee members who do not receive salary, per
             9112      diem, or expenses from their agency for their service may receive per diem and expenses
             9113      incurred in the performance of their official duties from the board at the rates established by
             9114      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9115          [(ii) State government officer and employee members may decline to receive per diem
             9116      and expenses for their service.]
             9117          (4) A member may not receive compensation or benefits for the member's service, but
             9118      may receive per diem and travel expenses in accordance with:
             9119          (a) Section 63A-3-106 ;
             9120          (b) Section 63A-3-107 ; and
             9121          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9122      63A-3-107 .
             9123          (5) The board shall meet at least once quarterly but may meet more frequently as
             9124      necessary.
             9125          Section 171. Section 63M-7-604 is repealed and reenacted to read:
             9126          63M-7-604. Member expenses.
             9127          A member may not receive compensation or benefits for the member's service, but may
             9128      receive per diem and travel expenses in accordance with:
             9129          (1) Section 63A-3-106 ;


             9130          (2) Section 63A-3-107 ; and
             9131          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9132      63A-3-107 .
             9133          Section 172. Section 63M-8-202 is amended to read:
             9134           63M-8-202. Members -- Appointment -- Terms -- Vacancies -- Expenses.
             9135          (1) (a) Except as required by Subsection (1)(b), the commission shall consist of up to
             9136      15 members to be appointed by the governor for a four-year term.
             9137          (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
             9138      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9139      commission members are staggered so that approximately half of the commission is appointed
             9140      every two years.
             9141          (c) Members may serve two consecutive appointments.
             9142          (d) In making appointments, the governor shall insure that no more than one more
             9143      than half the membership is from the same political party.
             9144          (2) When a vacancy occurs in the membership for any reason, the replacement shall be
             9145      appointed by the governor for the remainder of the unexpired term.
             9146          [(3) (a) Members shall receive no compensation or benefits for their services, but may
             9147      receive per diem and expenses incurred in the performance of the member's official duties at
             9148      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9149          [(b) Members may decline to receive per diem and expenses for their service.]
             9150          (3) A member may not receive compensation or benefits for the member's service, but
             9151      may receive per diem and travel expenses in accordance with:
             9152          (a) Section 63A-3-106 ;
             9153          (b) Section 63A-3-107 ; and
             9154          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9155      63A-3-107 .
             9156          Section 173. Section 63M-9-201 is amended to read:
             9157           63M-9-201. Families, Agencies, and Communities Together State Council --


             9158      Composition -- Duties -- Interagency case management team.
             9159          (1) (a) There is created within state government the Families, Agencies, and
             9160      Communities Together State Council composed of:
             9161          (i) the state superintendent of public instruction;
             9162          (ii) the executive director of the Department of Health;
             9163          (iii) the executive director of the Department of Human Services;
             9164          (iv) the state court administrator; and
             9165          (v) the executive director of the Department of Workforce Services.
             9166          (b) The council members listed in Subsection (1)(a) shall appoint to a four-year term
             9167      the following nonvoting members:
             9168          (i) a representative of community-based service organizations appointed to a four-year
             9169      term;
             9170          (ii) a parent representative from a rural community; and
             9171          (iii) a parent representative from an urban community.
             9172          (c) If a vacancy occurs with respect to a council member appointed under Subsection
             9173      (1)(b), council members listed in Subsection (1)(a) shall appoint a replacement for the
             9174      unexpired term.
             9175          (d) Appointments and reappointments under [Subsection] Subsections (1)(b) and (c)
             9176      shall be made within 60 days of a vacancy.
             9177          (2) (a) The council shall annually elect a chair from its membership.
             9178          (b) All voting members of the council are necessary to constitute a quorum at any
             9179      meeting.
             9180          (c) The action of a majority of a quorum is the action of the council, except that a
             9181      unanimous vote of the council is required to appoint or remove a nonvoting council member.
             9182          (d) The council shall meet quarterly or more frequently as determined by the chair.
             9183          [(3) (a) State government officer and employee members who do not receive salary,
             9184      per diem, or expenses from their agency for their service may receive per diem and expenses
             9185      incurred in the performance of their official duties from the council at the rates established by


             9186      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9187          [(b) Members who are not government employees may not receive compensation or
             9188      benefits for their services, but may receive per diem and expenses incurred in the performance
             9189      of the member's official duties from the council at rates established by the Division of Finance
             9190      under Sections 63A-3-106 and 63A-3-107 .]
             9191          [(c) Council members may decline to receive per diem and expenses for their service.]
             9192          (3) A member may not receive compensation or benefits for the member's service, but
             9193      may receive per diem and travel expenses in accordance with:
             9194          (a) Section 63A-3-106 ;
             9195          (b) Section 63A-3-107 ; and
             9196          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9197      63A-3-107 .
             9198          (4) The council shall:
             9199          (a) provide leadership to increase and enhance efficient and effective services to
             9200      Utah's children and youth at risk by:
             9201          (i) cooperatively planning, funding, monitoring, evaluating, and marketing innovative
             9202      and individualized service delivery and funding strategies;
             9203          (ii) recommending legislative, executive, and judicial policy and procedural changes,
             9204      including joint budget proposals as described in Section 63J-1-201 ;
             9205          (iii) developing incentives and strategies to increase family involvement,
             9206      collaboration, and public-private partnerships in the planning and delivery of services at the
             9207      state and local level;
             9208          (iv) promoting prevention and early intervention services;
             9209          (v) increasing public understanding of and advocating for the needs of Utah's children
             9210      and youth who are at risk; and
             9211          (vi) establishing policies to remove administrative barriers to collaboration in
             9212      communities;
             9213          (b) compile and disseminate information regarding effective service delivery and


             9214      funding strategies for replication;
             9215          (c) receive and act upon recommendations of the steering committee;
             9216          (d) approve the establishment of collaborative service delivery systems under Section
             9217      63M-9-402 and adopt performance goals for those systems;
             9218          (e) recommend to the governor for each fiscal year funds contained in an agency's
             9219      base budget and building block request that can be identified for collaborative service delivery
             9220      systems established under Section 63M-9-402 ;
             9221          (f) [(i)] develop model administrative and governance structures to be established by
             9222      communities that at least:
             9223          [(A)] (i) ensure accountability for public funds;
             9224          [(B)] (ii) are voluntarily adopted and modified by communities, based on community
             9225      needs;
             9226          [(C)] (iii) ensure collaboration on matters of policy and administrative processes in
             9227      operating programs under this chapter between the state, school districts, and counties;
             9228          [(D)] (iv) establish a board consisting of heads of state and local government agencies,
             9229      private agencies, and school districts that provide services under this chapter; and
             9230          [(E)] (v) ensure equity in the scope, duration, and level of services throughout a
             9231      prescribed geographical area;
             9232          [(ii) the council may, through contracts that provide funding for programs under this
             9233      chapter, give incentives to communities to establish an administrative and governance
             9234      structure that meets the requirements of Subsection (4)(f)(i) and to designate the geographical
             9235      area within which that administrative and governance structure will operate;]
             9236          (g) review the structure and function of the steering committee before December 1,
             9237      1999, to determine the effectiveness of the steering committee in:
             9238          (i) achieving the purposes and carrying out the responsibilities of the committee; and
             9239          (ii) assisting communities to establish collaborative service delivery systems;
             9240          (h) forward to the Legislature for the 2000 General Session recommendations for
             9241      restructuring the size, membership, and function of the steering committee based on the review


             9242      conducted under Subsection (4)(g); and
             9243          (i) report to the governor and the Legislature on an annual basis.
             9244          (5) The council may, through contracts that provide funding for programs under this
             9245      chapter, give incentives to communities to establish an administrative and governance
             9246      structure that meets the requirements of Subsection (4)(f) and to designate the geographical
             9247      area within which that administrative and governance structure will operate.
             9248          [(5)] (6) The council shall ensure that projects selected under Section 63M-9-401 have
             9249      outcomes that:
             9250          (a) focus all project activities on the prevention of academic failure and social
             9251      misbehaviors;
             9252          (b) involve parents in planning, implementation, and evaluation of services;
             9253          (c) allow frequent opportunities for planning between teachers, parents, school
             9254      administrators, and representatives of agencies and community-based service organizations
             9255      that provide services; and
             9256          (d) provide frequent monitoring and assessment of each child's and youth's progress.
             9257          [(6)] (7) (a) In accordance with Title 63G, Chapter 3, Utah Administrative
             9258      Rulemaking Act, the council shall make rules to ensure cooperative development of
             9259      individualized and coordinated service plans by local interagency councils and case
             9260      management teams for children or youth at risk and their families who receive services under
             9261      this chapter.
             9262          (b) For purposes of developing and implementing individualized and coordinated
             9263      plans, the members of the local interagency councils and case management teams shall be
             9264      considered to be employees of each agency represented on the team and entitled to review and
             9265      discuss agency records as necessary in planning and providing services under a plan.
             9266          (c) Records shared by the teams remain the property of the supplying agency and may
             9267      not be incorporated in the records of another agency unless transferred in accordance with
             9268      standard procedures for transfer of records of the type in question.
             9269          Section 174. Section 63M-9-202 is amended to read:


             9270           63M-9-202. Steering committee -- Membership -- Duties.
             9271          (1) As used in this section, "Council of Mental Health Programs" means a council
             9272      consisting of all of the directors of Utah public mental health centers.
             9273          (2) There is established a Families, Agencies, and Communities Together Steering
             9274      Committee.
             9275          (3) The steering committee shall include at least 18 voting members as follows:
             9276          (a) the director of the Division of Health Care Financing within the Department of
             9277      Health;
             9278          (b) a representative annually designated by the Council of Mental Health Programs;
             9279          (c) the director of the Division of Substance Abuse and Mental Health within the
             9280      Department of Human Services;
             9281          (d) the director of the Division of Juvenile Justice Services within the Department of
             9282      Human Services;
             9283          (e) the state director of special education;
             9284          (f) the person responsible for programs for at risk students within the Utah State
             9285      Office of Education, if that person is not the state director of special education;
             9286          (g) the Juvenile Court Administrator;
             9287          (h) a representative annually designated by substance abuse directors;
             9288          (i) the director of the Division of Child and Family Services within the Department of
             9289      Human Services;
             9290          (j) the director of family health services programs;
             9291          (k) a representative annually designated by the Utah School Superintendents
             9292      Association;
             9293          (l) a juvenile court judge designated by the presiding officer of the state Judicial
             9294      Council;
             9295          (m) a representative annually designated by the local health officers;
             9296          (n) a representative annually designated by the executive director of the Department of
             9297      Workforce Services;


             9298          (o) three at-large members appointed by a majority of the committee to four-year
             9299      terms, who represent a statewide perspective on children and youth issues; and
             9300          (p) parent representatives appointed by members specified in Subsections (3)(a)
             9301      through (o).
             9302          (4) Additional members may be selected by a majority of the committee to serve as
             9303      voting members for four-year terms.
             9304          (5) (a) Except as required by Subsection (5)(b), as terms of current at-large committee
             9305      members expire, the committee shall appoint each new member or reappointed member to a
             9306      four-year term.
             9307          (b) Notwithstanding the requirements of Subsection (5)(a), the committee shall, at the
             9308      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9309      at-large committee members are staggered so that approximately half of the at-large committee
             9310      members are appointed every two years.
             9311          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             9312      appointed for the unexpired term.
             9313          (7) The members shall annually elect a chair and vice chair.
             9314          (8) A majority of committee members are necessary to constitute a quorum and to
             9315      transact the business of the committee.
             9316          [(9) (a) (i) Members who are not government employees may not receive
             9317      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9318      the performance of the member's official duties at the rates established by the Division of
             9319      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9320          [(ii) Members may decline to receive per diem and expenses for their service.]
             9321          [(b) (i) State government officer and employee members who do not receive salary, per
             9322      diem, or expenses from their agency for their service may receive per diem and expenses
             9323      incurred in the performance of their official duties from the committee at the rates established
             9324      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9325          [(ii) State government officer and employee members may decline to receive per diem


             9326      and expenses for their service.]
             9327          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             9328      from the entity that they represent for their service may receive per diem and expenses
             9329      incurred in the performance of their official duties at the rates established by the Division of
             9330      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9331          [(ii) Local government members may decline to receive per diem and expenses for
             9332      their service.]
             9333          (9) A member may not receive compensation or benefits for the member's service, but
             9334      may receive per diem and travel expenses in accordance with:
             9335          (a) Section 63A-3-106 ;
             9336          (b) Section 63A-3-107 ; and
             9337          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9338      63A-3-107 .
             9339          (10) The committee shall:
             9340          (a) assist the council in fulfilling its duties set out in Section 63M-9-201 ;
             9341          (b) monitor, solicit input for policy changes, and provide technical assistance to local
             9342      collaborative programs; and
             9343          (c) report any formal recommendations to the council.
             9344          Section 175. Section 63M-11-206 is repealed and reenacted to read:
             9345          63M-11-206. Members serve without pay -- Reimbursement for expenses.
             9346          A member may not receive compensation or benefits for the member's service, but may
             9347      receive per diem and travel expenses in accordance with:
             9348          (1) Section 63A-3-106 ;
             9349          (2) Section 63A-3-107 ; and
             9350          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9351      63A-3-107 .
             9352          Section 176. Section 65A-1-3 is amended to read:
             9353           65A-1-3. Forestry, Fire, and State Lands Advisory Council -- Membership --


             9354      Chair -- Terms -- Quorum -- Per diem and travel expenses -- Duties.
             9355          (1) (a) The Forestry, Fire, and State Lands Advisory Council shall be composed of 12
             9356      members as follows:
             9357          (i) one representative from Rich County;
             9358          (ii) one representative from Utah County;
             9359          (iii) four individuals representing the combination of Box Elder, Davis, Salt Lake,
             9360      Tooele, and Weber counties, two of whom shall be representatives of industries concerned
             9361      with sovereign lands;
             9362          (iv) one individual representing the combination of Cache, Emery, Garfield, Grand,
             9363      Kane, San Juan, and Uintah counties;
             9364          (v) four individuals representing the state at large, one of whom shall be representative
             9365      of environmental concerns and one of whom shall be representative of sporting concerns; and
             9366          (vi) the director of the division.
             9367          (b) The director of the division:
             9368          (i) shall serve as chair; and
             9369          (ii) may not vote except as may be necessary to break a tie vote.
             9370          (2) (a) Except as required by Subsection (2)(b), as terms of current council members
             9371      expire, the governor shall appoint each new member or reappointed member to a four-year
             9372      term.
             9373          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             9374      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9375      council members are staggered so that approximately half of the council is appointed every
             9376      two years.
             9377          (3) Seven members of the council constitute a quorum.
             9378          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             9379      appointed for the unexpired term.
             9380          (5) Meetings may be called by the chair or by a quorum of the council.
             9381          (6) The council shall meet not less than every six months.


             9382          [(7) (a) (i) Members who are not government employees shall receive no
             9383      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9384      the performance of the member's official duties at the rates established by the Division of
             9385      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9386          [(ii) Members may decline to receive per diem and expenses for their service.]
             9387          [(b) (i) State government officer and employee members who do not receive salary, per
             9388      diem, or expenses from their agency for their service may receive per diem and expenses
             9389      incurred in the performance of their official duties from the council at the rates established by
             9390      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9391          [(ii) State government officer and employee members may decline to receive per diem
             9392      and expenses for their service.]
             9393          (7) A member may not receive compensation or benefits for the member's service, but
             9394      may receive per diem and travel expenses in accordance with:
             9395          (a) Section 63A-3-106 ;
             9396          (b) Section 63A-3-107 ; and
             9397          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9398      63A-3-107 .
             9399          (8) (a) The council shall consider public comment and concern in formulating advice
             9400      and counsel for the division.
             9401          (b) Council meetings shall be widely advertised, with affected state agencies and
             9402      public and private interests being directly notified of meeting schedules and agendas.
             9403          (9) (a) The council may provide written recommendations to the director.
             9404          (b) The director shall provide a written explanation of any written council
             9405      recommendation the director chooses to disregard.
             9406          Section 177. Section 65A-8-306 is amended to read:
             9407           65A-8-306. Heritage Trees Advisory Committee -- Members -- Officers --
             9408      Expenses -- Functions.
             9409          (1) There is created a Heritage Trees Advisory Committee composed of five persons


             9410      appointed by the division from among persons who are members of the Utah Community
             9411      Forestry Council.
             9412          (2) (a) Except as required by Subsection (2)(b), as terms of current committee
             9413      members expire, the division shall appoint each new member or reappointed member to a
             9414      four-year term.
             9415          (b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the
             9416      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9417      committee members are staggered so that approximately half of the committee is appointed
             9418      every two years.
             9419          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             9420      appointed for the unexpired term.
             9421          (4) (a) The committee shall elect a chair who is responsible to call and conduct
             9422      meetings.
             9423          (b) Three members present at a duly called meeting constitute a quorum for the
             9424      transaction of official business.
             9425          (c) Members of the committee may meet as often as considered necessary.
             9426          (d) The urban forestry staff person of the division shall serve as secretary to the
             9427      committee.
             9428          [(5) (a) Members shall receive no compensation or benefits for their services, but may
             9429      receive per diem and expenses incurred in the performance of the member's official duties at
             9430      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9431          [(b) Members may decline to receive per diem and expenses for their service.]
             9432          (5) A member may not receive compensation or benefits for the member's service, but
             9433      may receive per diem and travel expenses in accordance with:
             9434          (a) Section 63A-3-106 ;
             9435          (b) Section 63A-3-107 ; and
             9436          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9437      63A-3-107 .


             9438          (6) The committee shall:
             9439          (a) publish guidelines for division use in granting or denying applications for the
             9440      designation of heritage trees;
             9441          (b) publish an annual register of designated heritage trees and distribute it to public
             9442      utilities, tree service companies, municipal forestry and parks departments, and the public; and
             9443          (c) develop a system for visibly identifying designated heritage trees.
             9444          Section 178. Section 67-1-8.1 is amended to read:
             9445           67-1-8.1. Executive Residence Commission -- Recommendations as to restoration
             9446      of executive residence.
             9447          (1) The Legislature finds and declares that:
             9448          (a) the state property known as the Kearns' mansion, the executive residence, is an
             9449      irreplaceable historic landmark possessing special and unique architectural qualities that
             9450      should be preserved; and
             9451          (b) the deterioration that has taken place will continue unless remedial restoration
             9452      measures are undertaken.
             9453          (2) (a) An Executive Residence Commission is established to make recommendations
             9454      to the Legislature for the budgeting of renovation, upkeep, historical maintenance, and
             9455      restoration of the executive residence.
             9456          (b) The commission shall consist of three private citizens appointed by the governor,
             9457      all of whom have demonstrated an interest in historical preservation.
             9458          (c) The commission shall also consist of one assigned representative from the Board of
             9459      the Utah Arts Council, one from the Board of State History, one from the building board, an
             9460      interior designer selected by the Utah chapter of ASID, and an architect selected by the Utah
             9461      chapter of the AIA.
             9462          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             9463      members expire, the governor shall appoint each new member or reappointed member to a
             9464      four-year term ending on March 1.
             9465          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the


             9466      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9467      commission members are staggered so that approximately half of the commission is appointed
             9468      every two years.
             9469          (4) (a) The governor shall appoint a chair from among the membership of the
             9470      commission.
             9471          (b) Five members of the commission shall constitute a quorum, and either the chair or
             9472      two other members of the commission may call meetings of the commission.
             9473          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             9474      appointed for the unexpired term.
             9475          [(6) (a) (i) Members who are not government employees shall receive no
             9476      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9477      the performance of the member's official duties at the rates established by the Division of
             9478      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9479          [(ii) Members may decline to receive per diem and expenses for their service.]
             9480          [(b) (i) State government officer and employee members who do not receive salary, per
             9481      diem, or expenses from their agency for their service may receive per diem and expenses
             9482      incurred in the performance of their official duties from the commission at the rates
             9483      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9484          [(ii) State government officer and employee members may decline to receive per diem
             9485      and expenses for their service.]
             9486          (6) A member may not receive compensation or benefits for the member's service, but
             9487      may receive per diem and travel expenses in accordance with:
             9488          (a) Section 63A-3-106 ;
             9489          (b) Section 63A-3-107 ; and
             9490          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9491      63A-3-107 .
             9492          Section 179. Section 67-1a-10 is amended to read:
             9493           67-1a-10. Commission on Civic and Character Education -- Membership --


             9494      Chair -- Expenses.
             9495          (1) There is created within the lieutenant governor's office the Commission on Civic
             9496      and Character Education.
             9497          (2) The commission consists of seven members appointed as follows:
             9498          (a) the lieutenant governor, as chief election officer of the state, or a designee;
             9499          (b) one member of the House of Representatives, appointed by the speaker of the
             9500      House;
             9501          (c) one member of the Senate, appointed by the president of the Senate;
             9502          (d) one member of the State Board of Education, appointed by the chair;
             9503          (e) one member of the State Board of Regents, appointed by the chair;
             9504          (f) one member of the public with expertise in the area of civic and character
             9505      education appointed by the other members of the commission to serve for a two year term; and
             9506          (g) one justice of the Supreme Court or one appellate court judge appointed by the
             9507      Supreme Court.
             9508          (3) (a) The lieutenant governor shall serve as chairperson or if the lieutenant governor
             9509      is unable to serve, the commission shall annually elect a chairperson from its membership.
             9510          (b) The commission shall hold meetings as needed to carry out its duties. A meeting
             9511      may be held on the call of the chair or a majority of the commission members.
             9512          (c) Three commission members are necessary to constitute a quorum at any meeting
             9513      and, if a quorum exists, the action of a majority of members present shall be the action of the
             9514      commission.
             9515          (4) (a) An appointed commission member shall be appointed for a two-year term or
             9516      until their successors are appointed.
             9517          (b) When a vacancy occurs in the appointed membership for any reason, the
             9518      replacement shall be appointed for the unexpired term.
             9519          [(5) (a) Commission members who are not government employees may not receive
             9520      compensation or benefits for the services, but may receive per diem and expenses incurred in
             9521      the performance of their official duties at rates established by the Division of Finance under


             9522      Sections 63A-3-106 and 63A-3-107 .]
             9523          [(b) A commission member may decline to receive per diem and expenses for service
             9524      to the commission.]
             9525          (5) A member may not receive compensation or benefits for the member's service, but
             9526      may receive per diem and travel expenses in accordance with:
             9527          (a) Section 63A-3-106 ;
             9528          (b) Section 63A-3-107 ; and
             9529          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9530      63A-3-107 .
             9531          (6) The duties of the lieutenant governor's office shall include leadership of the
             9532      commission.
             9533          (7) The funding of the commission shall be a separate line item to the lieutenant
             9534      governor's office in the annual appropriations act.
             9535          Section 180. Section 67-5a-3 is repealed and reenacted to read:
             9536          67-5a-3. Per diem and travel expenses.
             9537          A member may not receive compensation or benefits for the member's service, but may
             9538      receive per diem and travel expenses in accordance with:
             9539          (1) Section 63A-3-106 ;
             9540          (2) Section 63A-3-107 ; and
             9541          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9542      63A-3-107 .
             9543          Section 181. Section 67-5a-8 is amended to read:
             9544           67-5a-8. Administration.
             9545          (1) (a) The administration costs of this chapter, including council staff compensation,
             9546      shall be funded from appropriations made by the Legislature to the Office of the Attorney
             9547      General for the support of the council from the Public Safety Support Account established in
             9548      Section 51-9-404 .
             9549          (b) Funds available from other sources may also be appropriated by the Legislature to


             9550      the Office of the Attorney General for the administration of this chapter.
             9551          (2) In exercising its duties, the council shall minimize costs of administration and
             9552      utilize existing training facilities and resources where possible so the greatest portion of the
             9553      funds available are expended for training prosecuting attorneys.
             9554          [(3) The council may reimburse council staff for travel and per diem expenses from
             9555      the appropriations made from the Public Safety Support Account to the Office of the Attorney
             9556      General for the support of the council, in an amount not to exceed the amounts approved by
             9557      the director of the Division of Finance.]
             9558          (3) Common staff may receive per diem and travel expenses in accordance with:
             9559          (a) Section 63A-3-106 ;
             9560          (b) Section 63A-3-107 ; and
             9561          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9562      63A-3-107 .
             9563          Section 182. Section 67-8-4 is amended to read:
             9564           67-8-4. State Elected Official and Judicial Compensation Commission created --
             9565      Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum --
             9566      Compensation -- Secretary.
             9567          (1) There is created a state Elected Official and Judicial Compensation Commission
             9568      comprised of six members, not more than three of whom may be from the same political party,
             9569      appointed as follows:
             9570          (a) one member appointed by the governor;
             9571          (b) one member appointed by the president of the Senate;
             9572          (c) one member appointed by the speaker of the House of Representatives;
             9573          (d) two members appointed by the other three appointed members; and
             9574          (e) one member appointed by the State Bar Commission.
             9575          (2) (a) Except as required by Subsection (2)(b), all persons appointed to the
             9576      commission shall serve four-year terms or until their successors are duly appointed and
             9577      qualified.


             9578          (b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority
             9579      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             9580      terms of commission members are staggered so that approximately half of the commission is
             9581      appointed every two years.
             9582          (3) (a) The commission shall select a chair and a vice chair from opposite political
             9583      parties at its first meeting.
             9584          (b) Four members of the commission shall constitute a quorum.
             9585          (c) The commission shall take no action nor make any determination without the
             9586      concurrence of a majority of its members being present.
             9587          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             9588      appointed for the unexpired term.
             9589          (5) No member or employee of the legislative, judicial, or executive branch of
             9590      government is eligible for appointment to the commission. The legislative fiscal analyst shall
             9591      serve as an ex officio, nonvoting secretary of the commission.
             9592          [(6) (a) Members shall receive no compensation or benefits for their services, but may
             9593      receive per diem and expenses incurred in the performance of the member's official duties at
             9594      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9595          [(b) Legislators on the committee shall receive compensation and expenses as
             9596      provided by law and legislative rule.]
             9597          (6) A member may not receive compensation or benefits for the member's service, but
             9598      may receive per diem and travel expenses in accordance with:
             9599          (a) Section 63A-3-106 ;
             9600          (b) Section 63A-3-107 ; and
             9601          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9602      63A-3-107 .
             9603          Section 183. Section 67-19a-201 is amended to read:
             9604           67-19a-201. Career Service Review Board created -- Members -- Appointment --
             9605      Removal -- Terms -- Organization -- Per diem and travel expenses.


             9606          (1) There is created a Career Service Review Board.
             9607          (2) (a) The governor shall appoint five members to the board no more than three of
             9608      which are members of the same political party.
             9609          (b) The governor shall appoint members whose gender and ethnicity represent the
             9610      career service work force.
             9611          (3) (a) The governor may remove any board member for cause.
             9612          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             9613      appointed for the unexpired term.
             9614          (4) The governor shall ensure that appointees to the board:
             9615          (a) are qualified by knowledge of employee relations and merit system principles in
             9616      public employment; and
             9617          (b) are not:
             9618          (i) members of any local, state, or national committee of a political party;
             9619          (ii) officers or members of a committee in any partisan political club; and
             9620          (iii) holding or a candidate for a paid public office.
             9621          (5) (a) Except as required by Subsection (5)(b), the governor shall appoint board
             9622      members to serve four-year terms beginning January 1.
             9623          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             9624      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9625      board members are staggered so that approximately half of the board is appointed every two
             9626      years.
             9627          (c) The members of the board shall serve until their successors are appointed and
             9628      qualified.
             9629          (6) Each year, the board shall choose a chair and vice chair from its own members.
             9630          (7) (a) Three members of the board are a quorum for the transaction of business.
             9631          (b) Action by a majority of members when a quorum is present is action of the board.
             9632          [(8) (a) Members shall receive no compensation or benefits for their services, but may
             9633      receive per diem and expenses incurred in the performance of the member's official duties at


             9634      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9635          [(b) Members may decline to receive per diem and expenses for their service.]
             9636          (8) A member may not receive compensation or benefits for the member's service, but
             9637      may receive per diem and travel expenses in accordance with:
             9638          (a) Section 63A-3-106 ;
             9639          (b) Section 63A-3-107 ; and
             9640          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9641      63A-3-107 .
             9642          Section 184. Section 67-19d-202 is amended to read:
             9643           67-19d-202. Board of trustees of the State Post-Retirement Benefits Trust Fund.
             9644          (1) (a) There is created a board of trustees of the State Post-Retirement Benefits Trust
             9645      Fund composed of three members:
             9646          (i) the state treasurer;
             9647          (ii) the director of the Division of Finance; and
             9648          (iii) the director of the Governor's Office of Planning and Budget.
             9649          (b) The state treasurer is chair of the board.
             9650          (c) Three members of the board are a quorum.
             9651          [(d) (i) State government officer and employee members who do not receive salary, per
             9652      diem, or expenses from their agency for their service may receive per diem and expenses
             9653      incurred in the performance of their official duties from the board at the rates established by
             9654      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9655          [(ii) State government officer and employee members may decline to receive per diem
             9656      and expenses for their service.]
             9657          (d) A member may not receive compensation or benefits for the member's service, but
             9658      may receive per diem and travel expenses in accordance with:
             9659          (i) Section 63A-3-106 ;
             9660          (ii) Section 63A-3-107 ; and
             9661          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             9662      63A-3-107 .
             9663          (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
             9664      board of trustees.
             9665          (ii) The Division of Finance shall provide accounting services for the trust fund.
             9666          (2) The board shall:
             9667          (a) on behalf of the state, act as trustee of the trust fund and exercise the state's
             9668      fiduciary responsibilities;
             9669          (b) meet at least twice per year;
             9670          (c) review and approve all policies, projections, rules, criteria, procedures, forms,
             9671      standards, performance goals, and actuarial reports;
             9672          (d) review and approve the trust fund budget;
             9673          (e) review financial records of the trust fund, including trust fund receipts,
             9674      expenditures, and investments;
             9675          (f) commission and obtain actuarial studies of the trust fund liabilities;
             9676          (g) establish labor additive rates to charge all federal, state, and other programs to
             9677      cover:
             9678          (i) the annual required contribution as determined by actuary; and
             9679          (ii) the administrative expenses of the trust fund; and
             9680          (h) do any other things necessary to perform the [state of Utah's] state's fiduciary
             9681      obligations under the trust fund.
             9682          (3) The attorney general shall:
             9683          (a) act as legal counsel and provide legal representation to the board of trustees; and
             9684          (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
             9685      meeting of the board of trustees.
             9686          Section 185. Section 68-4-5 is amended to read:
             9687           68-4-5. Creation -- Members -- Terms -- General counsel -- Vacancies -- Per
             9688      diem and expenses.
             9689          (1) The "Utah Commission on Uniform State Laws" consists of the following


             9690      members of the Utah Bar in good standing:
             9691          (a) (i) Two members shall serve in the Legislature at the time of the appointment and
             9692      during the legislator's service on the commission. The governor shall appoint one member
             9693      from the Senate and one member from the House of Representatives. The service of the
             9694      legislative members of the commission shall be a four-year term as provided in Subsection
             9695      (1)(a)(iii), or when the term of office as a legislator ends, whichever occurs first.
             9696          (ii) Two members of the Utah Bar shall be appointed by the governor.
             9697          (iii) Except as required by Subsection (1)(a)(iv), as terms of current commission
             9698      members expire, the governor shall appoint each new member or reappointed member to a
             9699      four-year term with the consent of the Senate.
             9700          (iv) Notwithstanding the requirements of Subsection (1)(a)(ii), the governor shall, at
             9701      the time of appointment or reappointment, adjust the length of terms to ensure that the terms
             9702      of commission members are staggered so that approximately half of the commission is
             9703      appointed every two years.
             9704          (v) Each commissioner shall serve until his successor is appointed.
             9705          (b) In addition to the members appointed under Subsection (1)(a), the Legislature's
             9706      general counsel shall serve as a commissioner during the appointment as general counsel. The
             9707      Legislature's general counsel may appoint a designee from the Office of Legislative Research
             9708      and General Counsel to serve in the place of the Legislature's general counsel. The designee
             9709      shall serve at the will of the Legislature's general counsel.
             9710          (c) Any commissioner who has been elected as a life member of the National
             9711      Conference of Commissioners on Uniform State Laws because of long service as a
             9712      commissioner with the National Conference shall continue as a commissioner as provided in
             9713      Subsection 68-4-6 (3).
             9714          (2) When a vacancy occurs in the membership as outlined in Section 68-4-6 , the
             9715      replacement shall be appointed for the unexpired term.
             9716          [(3) (a) (i) A member who is not a government employee may not receive
             9717      compensation or benefits for the member's service, but may receive per diem and expenses


             9718      incurred in the performance of the member's official duties at the rates established by the
             9719      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9720          [(ii) A member may decline to receive per diem and expenses for the member's
             9721      service.]
             9722          [(b) (i) A state government officer and employee member who does not receive salary,
             9723      per diem, or expenses from the agency the member represents for the member's service, may
             9724      receive per diem and expenses incurred in the performance of the member's official duties for
             9725      the commission at the rates established by the Division of Finance under Sections 63A-3-106
             9726      and 63A-3-107 .]
             9727          [(ii) A state government officer and employee member may decline to receive per
             9728      diem and expenses for the member's service.]
             9729          [(c) A legislative member shall receive compensation and expenses as provided by law
             9730      and legislative rule.]
             9731          (3) A member may not receive compensation or benefits for the member's service, but
             9732      may receive per diem and travel expenses in accordance with:
             9733          (a) Section 63A-3-106 ;
             9734          (b) Section 63A-3-107 ; and
             9735          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9736      63A-3-107 .
             9737          Section 186. Section 68-4-9 is amended to read:
             9738           68-4-9. Expenditures -- Oversight by Office of Legislative Research and General
             9739      Counsel.
             9740          [(1) No member of the commission may receive any compensation for that member's
             9741      services. However, each member shall receive a per diem and shall be paid the actual traveling
             9742      and other necessary expenses incurred in the discharge of the commissioner's official duties.]
             9743          (1) A member of the commission may not receive compensation or benefits for the
             9744      member's service, but may receive per diem and travel expenses in accordance with:
             9745          (a) Section 63A-3-106 ;


             9746          (b) Section 63A-3-107 ; and
             9747          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9748      63A-3-107 .
             9749          (2) The Legislature shall make appropriations to the Office of Legislative Research
             9750      and General Counsel to pay the necessary expenses of the commissioners and to make
             9751      appropriate contribution on behalf of this state to the National Conference of Commissioners
             9752      on Uniform State Laws, including any expenses of a commissioner who has been elected as a
             9753      life member of the National Conference of Commissioners on Uniform State Laws.
             9754          (3) The commissioners shall keep a full account of their expenditures in the discharge
             9755      of their official duties and shall report the account to the Office of Legislative Research and
             9756      General Counsel.
             9757          Section 187. Section 71-7-4 is amended to read:
             9758           71-7-4. Veterans' Memorial Park Board -- Members -- Appointment -- Meetings
             9759      -- Per diem and travel expenses.
             9760          (1) There is created a Veterans' Memorial Park Board to serve as an advisory body to
             9761      the Department of Veterans' Affairs on matters relating to the establishment and operation of a
             9762      veterans' cemetery and memorial park.
             9763          (2) The board shall consist of the following five members:
             9764          (a) one representative recommended by the state commander of the Veterans of
             9765      Foreign Wars;
             9766          (b) one representative recommended by the state commander of the American Legion;
             9767          (c) one representative recommended by the state commander of the Disabled
             9768      American Veterans;
             9769          (d) the director of the Department of Veterans' Affairs; and
             9770          (e) one person not affiliated with any of the organizations referred to in this
             9771      Subsection (2).
             9772          (3) (a) Except as required by Subsection (3)(b), the governor shall appoint members in
             9773      Subsections (2)(a), (b), (c), and (e) above for four-year terms. The governor shall make final


             9774      appointments to the board by June 30 of any year in which appointments are to be made under
             9775      this chapter.
             9776          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             9777      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9778      board members are staggered so that approximately half of the board is appointed every two
             9779      years.
             9780          (c) All members shall serve until their successors are appointed.
             9781          (d) Members may not serve more than two consecutive terms.
             9782          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             9783      appointed for the unexpired term in the same manner as the original appointment.
             9784          (5) (a) The board shall select a chair annually from among its members at its first
             9785      meeting after July 1.
             9786          (b) Three members of the board constitute a quorum to transact business.
             9787          (c) The board shall meet at least quarterly on a regular date fixed by the board.
             9788          (d) The chair or three members of the board may call additional meetings.
             9789          (6) The board shall provide copies of all minutes and an annual report of its activities
             9790      by June 30 of each year to the Veterans' Advisory Council created in Section 71-8-4 .
             9791          [(7) (a) (i) Members who are not government employees shall receive no
             9792      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9793      the performance of the member's official duties at the rates established by the Division of
             9794      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9795          [(ii) Members may decline to receive per diem and expenses for their service.]
             9796          [(b) (i) State government officer and employee members who do not receive salary, per
             9797      diem, or expenses from their agency for their service may receive per diem and expenses
             9798      incurred in the performance of their official duties from the board at the rates established by
             9799      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9800          [(ii) State government officer and employee members may decline to receive per diem
             9801      and expenses for their service.]


             9802          (7) A member may not receive compensation or benefits for the member's service, but
             9803      may receive per diem and travel expenses in accordance with:
             9804          (a) Section 63A-3-106 ;
             9805          (b) Section 63A-3-107 ; and
             9806          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9807      63A-3-107 .
             9808          Section 188. Section 71-8-4 is amended to read:
             9809           71-8-4. Veterans' Advisory Council -- Membership -- Duties and responsibilities
             9810      -- Per diem and travel expenses.
             9811          (1) There is created a Veterans' Advisory Council whose purpose is to advise the
             9812      executive director of the Department of Veterans' Affairs on issues relating to veterans.
             9813          (2) The council shall consist of 11 voting members and one nonvoting member,
             9814      designated as follows:
             9815          (a) five members appointed by the governor to serve four-year terms:
             9816          (i) four veterans at large; and
             9817          (ii) a representative from the Office of the Governor;
             9818          (b) the director of the VA Health Care System or his designee;
             9819          (c) the director of the VA Benefits Administration Regional Office in Salt Lake City,
             9820      or his designee;
             9821          (d) a representative from the Veterans' Memorial Park Board for the duration of his
             9822      appointment to the board;
             9823          (e) the commanders or their designees of the three largest veterans service
             9824      organizations in the state[. Their], whose terms shall last as long as they hold the required
             9825      office; and
             9826          (f) the executive director shall be a nonvoting member of the council.
             9827          (3) (a) Except as required by Subsection (3)(b), as terms of current council members
             9828      expire, the governor shall appoint each new or reappointed member to a four-year term
             9829      commencing on July 1.


             9830          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             9831      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             9832      council members are staggered so that approximately half of the members appointed by the
             9833      governor are appointed every two years.
             9834          (4) When a vacancy occurs in the membership for any reason, the governor shall
             9835      appoint a replacement for the unexpired term within 60 days of receiving notice.
             9836          (5) Members appointed by the governor may not serve more than two consecutive
             9837      terms.
             9838          (6) (a) Any veterans' group or veteran may provide the executive director with a list of
             9839      recommendations for members on the council.
             9840          (b) The executive director shall provide the governor with the list of recommendations
             9841      for members to be appointed to the council.
             9842          (c) The governor shall make final appointments to the council by June 30 of any year
             9843      in which appointments are to be made under this chapter.
             9844          (7) The council shall elect a chair from among its members every two years. The chair
             9845      shall be a veteran.
             9846          (8) (a) The council shall meet at least once every quarter.
             9847          (b) The executive director of the Department of Veterans' Affairs may convene
             9848      additional meetings, as necessary.
             9849          (9) The department shall provide staff to the council.
             9850          (10) Six voting members are a quorum for the transaction of business.
             9851          (11) The council shall:
             9852          (a) solicit input concerning veterans issues from veterans' groups throughout the state;
             9853          (b) report issues received to the executive director of the Department of Veterans'
             9854      Affairs and make recommendations concerning them;
             9855          (c) keep abreast of federal developments that affect veterans locally and advise the
             9856      executive director of them; and
             9857          (d) approve, by a majority vote, the use of monies generated from veterans' license


             9858      plates under Section 41-1a-422 for veterans' programs.
             9859          [(12) (a) Members shall receive no compensation or benefits for their services, but
             9860      may receive per diem and expenses incurred in the performance of the member's official
             9861      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             9862      63A-3-107 .]
             9863          [(b) Members may decline to receive per diem and expenses for their service.]
             9864          (12) A member may not receive compensation or benefits for the member's service,
             9865      but may receive per diem and travel expenses in accordance with:
             9866          (a) Section 63A-3-106 ;
             9867          (b) Section 63A-3-107 ; and
             9868          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9869      63A-3-107 .
             9870          Section 189. Section 71-11-7 is amended to read:
             9871           71-11-7. Veterans' Nursing Home Advisory Boards.
             9872          (1) (a) Each home shall have a Veterans' Nursing Home Advisory Board to act as a
             9873      liaison between the residents, members of the public, and the administration of the home.
             9874          (b) The board shall interview candidates for the position of nursing home
             9875      administrator and make a recommendation to the department.
             9876          (2) Each board shall consist of the following seven members:
             9877          (a) one resident of the home appointed by the governor;
             9878          (b) two members of the Veterans' Advisory Council, designated by the governor, one
             9879      of which shall specifically be designated as the board's representative to the council;
             9880          (c) one veteran from the area in which the home is located appointed by the governor;
             9881          (d) one representative from the VA Health Care System, appointed by its director;
             9882          (e) one representative from the Department of Health, appointed by its executive
             9883      director; and
             9884          (f) one representative from the United States Department of Veterans Affairs regional
             9885      office.


             9886          (3) (a) (i) Members shall serve for four-year terms.
             9887          (ii) Except as required by Subsection (3)(b), as terms of current board members expire,
             9888      the governor shall appoint each new or reappointed member to a four-year term beginning on
             9889      July 1.
             9890          (b) The governor shall, at the time of appointment or reappointment, adjust the length
             9891      of terms to ensure that the terms of board members are staggered so that approximately half of
             9892      the board is appointed every two years.
             9893          (c) The governor shall make final appointments to the board by June 30 of any year in
             9894      which appointments are to be made under this chapter.
             9895          (4) Vacancies shall be filled by the governor within 60 days of receiving notice of a
             9896      vacancy, but only for the unexpired term of the vacated member.
             9897          (5) (a) Except as provided in Subsection (5)(b), members may not serve more than two
             9898      consecutive terms.
             9899          (b) Members appointed by the VA Health Care System and the United States
             9900      Department of Veterans Affairs are exempt from the term limit requirement.
             9901          (6) Each board shall elect a chair annually from among its members at its first meeting
             9902      after July 1.
             9903          (7) Each board shall meet at least quarterly.
             9904          (8) Four members of the board constitute a quorum for the transaction of business.
             9905          (9) Each board shall provide copies of all minutes and an annual report of its activities
             9906      by June 30 of each year to the executive director of the Department of Veterans' Affairs, and
             9907      the Veterans' Advisory Council.
             9908          [(10) (a) (i) Members who are not government employees shall receive no
             9909      compensation or benefits for their services, but may receive per diem and expenses incurred in
             9910      the performance of the member's official duties at the rates established by the Division of
             9911      Finance under Sections 63A-3-106 and 63A-3-107 .]
             9912          [(ii) Members may decline to receive per diem and expenses for their service.]
             9913          [(b) State government officer and employee members who do not receive salary, per


             9914      diem, or expenses from their agency for their service may receive per diem and expenses
             9915      incurred in the performance of their official duties from the board at the rates established by
             9916      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             9917          (10) A member may not receive compensation or benefits for the member's service,
             9918      but may receive per diem and travel expenses in accordance with:
             9919          (a) Section 63A-3-106 ;
             9920          (b) Section 63A-3-107 ; and
             9921          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9922      63A-3-107 .
             9923          Section 190. Section 72-1-301 is amended to read:
             9924           72-1-301. Transportation Commission created -- Members, appointment, terms
             9925      -- Qualifications -- Pay and expenses -- Chair -- Quorum -- Surety bond.
             9926          (1) (a) There is created the Transportation Commission which shall consist of seven
             9927      members.
             9928          (b) The members of the commission shall be residents of Utah.
             9929          (c) The members of the commission shall be selected on a nonpartisan basis.
             9930          (d) (i) The commissioners shall be appointed by the governor, with the consent of the
             9931      Senate, for a term of six years, beginning on April 1 of odd-numbered years, except as
             9932      provided under Subsection (1)(d)(ii).
             9933          (ii) The first two additional commissioners serving on the seven member commission
             9934      shall be appointed for terms of two years nine months and four years nine months,
             9935      respectively, initially commencing on July 1, 1996, and subsequently commencing as
             9936      specified under Subsection (1)(d)(i).
             9937          (e) The commissioners serve on a part-time basis.
             9938          (f) Each commissioner shall remain in office until a successor is appointed and
             9939      qualified.
             9940          (2) (a) Except as provided in Subsection (2)(b), the selection of the commissioners
             9941      shall be as follows:


             9942          (i) one commissioner from Box Elder, Cache, or Rich county;
             9943          (ii) one commissioner from Salt Lake or Tooele county;
             9944          (iii) one commissioner from Carbon, Emery, Grand, or San Juan county;
             9945          (iv) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete,
             9946      Sevier, Washington, or Wayne county;
             9947          (v) one commissioner from Weber, Davis, or Morgan county;
             9948          (vi) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or
             9949      Daggett county; and
             9950          (vii) one commissioner selected from the state at large.
             9951          (b) Beginning with the appointment of commissioners on or after July 1, 2009 and
             9952      subject to the restriction in Subsection (2)(d), the selection of commissioners shall be as
             9953      follows:
             9954          (i) four commissioners with one commissioner selected from each of the four regions
             9955      established by the department; and
             9956          (ii) subject to the restriction in Subsection (2)(c), three commissioners selected from
             9957      the state at large.
             9958          (c) (i) At least one of the three commissioners appointed under Subsection (2)(b)(ii)
             9959      shall be selected from a rural county.
             9960          (ii) For purposes of this Subsection (2)(c), a rural county includes a county of the
             9961      third, fourth, fifth, or sixth class.
             9962          (d) No more than two commissioners appointed under Subsection (2)(b) may be
             9963      selected from any one of the four regions established by the department.
             9964          [(3) (a) Members appointed before May 2, 1996, shall continue to receive the
             9965      compensation, per diem, expenses, and benefits they were receiving as of January 1, 1996.]
             9966          [(b) Members appointed after May 2, 1996, shall receive no compensation or benefits
             9967      for their services, but may receive per diem and expenses incurred in the performance of the
             9968      member's official duties at the rates established by the Division of Finance under Sections
             9969      63A-3-106 and 63A-3-107 .]


             9970          [(c) Members may decline to receive compensation, benefits, per diem, and expenses
             9971      for their service.]
             9972          (3) A member may not receive compensation or benefits for the member's service, but
             9973      may receive per diem and travel expenses in accordance with:
             9974          (a) Section 63A-3-106 ;
             9975          (b) Section 63A-3-107 ; and
             9976          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             9977      63A-3-107 .
             9978          (4) (a) One member of the commission shall be designated by the governor as chair.
             9979          (b) The commission shall select one member as vice chair to act in the chair's absence.
             9980          (5) Any four commissioners constitute a quorum.
             9981          (6) (a) Each member of the commission shall qualify by:
             9982          (i) taking the constitutional oath of office; and
             9983          (ii) giving a surety bond.
             9984          (b) The Division of Finance of the Department of Administrative Services shall
             9985      determine the form and amount of the bond, and the state shall pay the bond premium.
             9986          Section 191. Section 72-4-302 is amended to read:
             9987           72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
             9988      Meetings -- Expenses.
             9989          (1) There is created the Utah State Scenic Byway Committee.
             9990          (2) (a) The committee shall consist of the following 15 members:
             9991          (i) a representative from each of the following entities appointed by the governor:
             9992          (A) the Governor's Office of Economic Development;
             9993          (B) the Utah Department of Transportation;
             9994          (C) the Department of Community and Culture;
             9995          (D) the Division of State Parks and Recreation;
             9996          (E) the Federal Highway Administration;
             9997          (F) the National Park Service;


             9998          (G) the National Forest Service; and
             9999          (H) the Bureau of Land Management;
             10000          (ii) one local government tourism representative appointed by the governor;
             10001          (iii) a representative from the private business sector appointed by the governor;
             10002          (iv) three local elected officials from a county, city, or town within the state appointed
             10003      by the governor;
             10004          (v) a member from the House of Representatives appointed by the speaker of the
             10005      House of Representatives; and
             10006          (vi) a member from the Senate appointed by the president of the Senate.
             10007          (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
             10008      (2) shall be appointed for a four-year term of office.
             10009          (c) The governor shall, at the time of appointment or reappointment for appointments
             10010      made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
             10011      terms of committee members are staggered so that approximately half of the committee is
             10012      appointed every two years.
             10013          (d) (i) The appointments made under Subsection (2)(a)(v) and (2)(a)(vi) by the speaker
             10014      of the House and the president of the Senate may not be from the same political party.
             10015          (ii) The speaker of the House and the president of the Senate shall alternate the
             10016      appointments made under Subsections (2)(a)(v) and (2)(a)(vi) as follows:
             10017          (A) if the speaker appoints a member under Subsection (2)(a)(v), the next appointment
             10018      made by the speaker following the expiration of the existing member's four-year term of office
             10019      shall be from a different political party; and
             10020          (B) if the president appoints a member under Subsection (2)(a)(vi), the next
             10021      appointment made by the president following the expiration of the existing member's four-year
             10022      term of office shall be from a different political party.
             10023          (3) (a) The representative from the Governor's Office of Economic Development shall
             10024      chair the committee.
             10025          (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as


             10026      nonvoting, ex officio members of the committee.
             10027          (4) The Governor's Office of Economic Development and the department shall provide
             10028      staff support to the committee.
             10029          (5) (a) The chair may call a meeting of the committee only with the concurrence of the
             10030      department.
             10031          (b) A majority of the voting members of the committee constitute a quorum.
             10032          (c) Action by a majority vote of a quorum of the committee constitutes action by the
             10033      committee.
             10034          [(6) (a) (i) Members who are not state government employees shall receive no
             10035      compensation or benefits for their services, but may receive per diem and expenses incurred in
             10036      the performance of the member's official duties at the rates established by the Division of
             10037      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10038          [(ii) Members may decline to receive per diem and expenses for their service.]
             10039          [(b) (i) State government officer and employee members who do not receive salary, per
             10040      diem, or expenses from their agency for their service may receive per diem and expenses
             10041      incurred in the performance of their official duties at the rates established by the Division of
             10042      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10043          [(ii) State government officer and employee members may decline to receive per diem
             10044      and expenses for their service.]
             10045          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             10046      from the entity that they represent for their service may receive per diem and expenses
             10047      incurred in the performance of their official duties at the rates established by the Division of
             10048      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10049          [(ii) Local government members may decline to receive per diem and expenses for
             10050      their service.]
             10051          [(d) Legislators on the committee receive compensation and expenses as provided by
             10052      law and legislative rule.]
             10053          (6) A member may not receive compensation or benefits for the member's service, but


             10054      may receive per diem and travel expenses in accordance with:
             10055          (a) Section 63A-3-106 ;
             10056          (b) Section 63A-3-107 ; and
             10057          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10058      63A-3-107 .
             10059          Section 192. Section 72-6-115 is amended to read:
             10060           72-6-115. Traffic Management Committee -- Appointment -- Duties.
             10061          (1) As used in this section, "committee" means the Traffic Management Committee
             10062      created in this section.
             10063          (2) (a) There is created within the Department of Transportation the Traffic
             10064      Management Committee comprising up to 13 members knowledgeable about traffic
             10065      engineering, traffic flow, air quality, or intelligent transportation systems as follows:
             10066          (i) two members designated by the executive director of the department;
             10067          (ii) one member designated by the Utah Association of Counties;
             10068          (iii) one member designated by the Department of Environmental Quality;
             10069          (iv) one member designated by the Wasatch Front Regional Council;
             10070          (v) one member designated by the Mountainland Association of Governments;
             10071          (vi) one member designated by the Commissioner of Public Safety; [and]
             10072          (vii) one member designated by the Utah League of Cities and Towns;
             10073          (viii) one member designated by the general manager of a public transit district with
             10074      more than 200,000 people residing within the public transit district boundaries;
             10075          (ix) up to four additional members designated by the committee for one-year terms;
             10076      and
             10077          (x) a designating entity under Subsections (2)(a)(i) through (viii) may designate an
             10078      alternative member to serve in the absence of its designated member.
             10079          (b) The committee shall:
             10080          (i) advise the department on matters related to the implementation and administration
             10081      of this section;


             10082          (ii) make recommendations to law enforcement agencies related to traffic flow and
             10083      incident management during heavy traffic periods;
             10084          (iii) make recommendations to the department, counties, and municipalities on
             10085      increasing the safety and efficiency of highways using current traffic management systems,
             10086      including traffic signal coordination, traffic monitoring, freeway ramp metering, variable
             10087      message signing, and incident management; and
             10088          (iv) evaluate the cost effectiveness of implementing a specific traffic management
             10089      system on a highway considering:
             10090          (A) existing traffic volume in the area;
             10091          (B) the necessity and potential of reducing vehicle emissions in the area;
             10092          (C) the feasibility of the traffic management system on the highway; and
             10093          (D) whether traffic congestion will be reduced by the system.
             10094          (c) The committee shall annually elect a chair and a vice chair from its members.
             10095          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             10096      appointed.
             10097          (e) The committee shall meet as it determines necessary to accomplish its duties.
             10098          (f) Reasonable notice shall be given to each member of the committee prior to any
             10099      meeting.
             10100          (g) A majority of the committee constitutes a quorum for the transaction of business.
             10101          [(h) (i) (A) Members who are not government employees shall receive no
             10102      compensation or benefits for their services, but may receive per diem and expenses incurred in
             10103      the performance of the member's official duties at the rates established by the Division of
             10104      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10105          [(B) Members may decline to receive per diem and expenses for their service.]
             10106          [(ii) (A) State government officer and employee members who do not receive salary,
             10107      per diem, or expenses from their agency for their service may receive per diem and expenses
             10108      incurred in the performance of their official duties from the committee at the rates established
             10109      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             10110          [(B) State government officer and employee members may decline to receive per diem
             10111      and expenses for their service.]
             10112          [(iii) (A) Local government members who do not receive salary, per diem, or expenses
             10113      from the entity that they represent for their service may receive per diem and expenses
             10114      incurred in the performance of their official duties at the rates established by the Division of
             10115      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10116          [(B) Local government members may decline to receive per diem and expenses for
             10117      their service.]
             10118          (h) A member may not receive compensation or benefits for the member's service, but
             10119      may receive per diem and travel expenses in accordance with:
             10120          (i) Section 63A-3-106 ;
             10121          (ii) Section 63A-3-107 ; and
             10122          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10123      63A-3-107 .
             10124          (3) (a) The Department of Transportation shall implement and administer traffic
             10125      management systems to facilitate the efficient flow of motor vehicle traffic on state highways
             10126      to improve regional mobility, and to reduce motor vehicle emissions where those
             10127      improvements are cost effective, as determined by the committee in accordance with criteria
             10128      under Subsection (2)(b).
             10129          (b) A traffic management system shall be designed to allow safe, efficient, and
             10130      effective:
             10131          (i) integration of existing traffic management systems;
             10132          (ii) additions of highways and intersections under county and city administrative
             10133      jurisdiction;
             10134          (iii) incorporation of other traffic management systems; and
             10135          (iv) adaptation to future traffic needs.
             10136          (4) (a) The cost of implementing and administering a traffic management system shall
             10137      be shared pro rata by the department and the counties and municipalities using it.


             10138          (b) The department shall enter into an agreement or contract under Title 11, Chapter
             10139      13, Interlocal Cooperation Act, with a county or municipality to share costs incurred under this
             10140      section.
             10141          (5) Additional highways and intersections under the administrative jurisdiction of a
             10142      county or municipality may be added to a traffic management system upon application of the
             10143      county or municipality after:
             10144          (a) a recommendation of the committee;
             10145          (b) approval by the department;
             10146          (c) determination of the appropriate cost share of the addition under Subsection (4)(a);
             10147      and
             10148          (d) an agreement under Subsection (4)(b).
             10149          (6) The committee may establish technical advisory committees as needed to assist in
             10150      accomplishing its duties under this section.
             10151          Section 193. Section 72-9-201 is amended to read:
             10152           72-9-201. Motor Carrier Advisory Board created -- Appointment -- Terms --
             10153      Meetings -- Per diem and expenses -- Duties.
             10154          (1) There is created within the department the Motor Carrier Advisory Board
             10155      consisting of five members appointed by the governor.
             10156          (2) Each member of the board shall:
             10157          (a) represent experience and expertise in the areas of motor carrier transportation,
             10158      commerce, agriculture, economics, shipping, or highway safety;
             10159          (b) be selected at large on a nonpartisan basis; and
             10160          (c) have been a legal resident of the state for at least one year immediately preceding
             10161      the date of appointment.
             10162          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             10163      expire, the governor shall appoint each new member or reappointed member to a four-year
             10164      term.
             10165          (b) The governor shall, at the time of appointment or reappointment, adjust the length


             10166      of terms to ensure that the terms of board members are staggered so that approximately half of
             10167      the board is appointed every two years.
             10168          (c) A member shall serve from the date of appointment until a replacement is
             10169      appointed.
             10170          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             10171      appointed for the unexpired term beginning the day following the expiration of the preceding
             10172      term.
             10173          (5) The board shall elect its own chair and vice chair at the first regular meeting of
             10174      each calendar year.
             10175          (6) The board shall meet at least quarterly or as needed when called by the chair.
             10176          (7) Any three voting members constitute a quorum for the transaction of business that
             10177      comes before the board.
             10178          [(8) (a) Members shall receive no compensation or benefits for their services, but may
             10179      receive per diem and expenses incurred in the performance of the member's official duties at
             10180      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10181          [(b) Members may decline to receive per diem and expenses for their service.]
             10182          (8) A member may not receive compensation or benefits for the member's service, but
             10183      may receive per diem and travel expenses in accordance with:
             10184          (a) Section 63A-3-106 ;
             10185          (b) Section 63A-3-107 ; and
             10186          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10187      63A-3-107 .
             10188          (9) The board shall advise the department and the commission on interpretation,
             10189      adoption, and implementation of this chapter and other motor carrier related issues.
             10190          (10) The department shall provide staff support to the board.
             10191          Section 194. Section 72-11-204 is amended to read:
             10192           72-11-204. Vacancies -- Expenses -- Reimbursement -- Use of facilities of
             10193      Department of Transportation -- Functions, powers, duties, rights, and responsibilities.


             10194          (1) When a vacancy occurs in the membership for any reason, the replacement shall be
             10195      appointed for the unexpired term.
             10196          [(2) (a) (i) Members who are not government employees may not receive any
             10197      compensation or benefits for their services, but may receive per diem and expenses incurred in
             10198      the performance of the member's official duties at the rates established by the Division of
             10199      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10200          [(ii) Members may decline to receive per diem and expenses for their service.]
             10201          [(b) (i) State government officer and employee members who do not receive salary, per
             10202      diem, or expenses from their agency for their service may receive per diem and expenses
             10203      incurred in the performance of their official duties from the committee at the rates established
             10204      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10205          [(ii) State government officer and employee members may decline to receive per diem
             10206      and expenses for their service.]
             10207          (2) A member may not receive compensation or benefits for the member's service, but
             10208      may receive per diem and travel expenses in accordance with:
             10209          (a) Section 63A-3-106 ;
             10210          (b) Section 63A-3-107 ; and
             10211          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10212      63A-3-107 .
             10213          (3) Reimbursement shall be made from fees collected by the committee for services
             10214      rendered by it.
             10215          (4) The Department of Transportation shall supply the committee with office
             10216      accommodation, space, equipment, and secretarial assistance the executive director considers
             10217      adequate for the committee.
             10218          (5) In addition to the functions, powers, duties, rights, and responsibilities granted to it
             10219      under this chapter, the committee shall assume and have all of the functions, powers, duties,
             10220      rights, and responsibilities of the Board of Parks and Recreation created in Section 79-4-301
             10221      in relation to passenger ropeway systems pursuant to that chapter.


             10222          Section 195. Section 73-10-2 is amended to read:
             10223           73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
             10224      Vacancies.
             10225          (1) (a) The Board of Water Resources shall be comprised of eight members to be
             10226      appointed by the governor with the consent of the Senate.
             10227          (b) In addition to the requirements of Section 79-2-203 , not more than four members
             10228      shall be from the same political party.
             10229          (2) One member of the board shall be appointed from each of the following districts:
             10230          (a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
             10231          (b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
             10232          (c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
             10233          (d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
             10234          (e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
             10235      and Wayne;
             10236          (f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
             10237          (g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand,
             10238      and San Juan; and
             10239          (h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron,
             10240      Washington, and Kane.
             10241          (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
             10242      four years.
             10243          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             10244      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             10245      board members are staggered so that approximately half of the board is appointed every two
             10246      years.
             10247          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             10248      appointed for the unexpired term with the consent of the Senate and shall be from the same
             10249      district as such person.


             10250          [(4) (a) Members shall receive no compensation or benefits for their services, but may
             10251      receive per diem and expenses incurred in the performance of the member's official duties at
             10252      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10253          [(b) Members may decline to receive per diem and expenses for their service.]
             10254          (4) A member may not receive compensation or benefits for the member's service, but
             10255      may receive per diem and travel expenses in accordance with:
             10256          (a) Section 63A-3-106 ;
             10257          (b) Section 63A-3-107 ; and
             10258          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10259      63A-3-107 .
             10260          Section 196. Section 73-10c-3 is amended to read:
             10261           73-10c-3. Water Development Coordinating Council created -- Purpose --
             10262      Members.
             10263          (1) (a) There is created within the Department of Natural Resources a Water
             10264      Development Coordinating Council. The council comprises:
             10265          (i) the director of the Division of Water Resources;
             10266          (ii) the executive secretary of the Water Quality Board;
             10267          (iii) the executive secretary of the Drinking Water Board;
             10268          (iv) the executive director of the Department of Community and Culture or the
             10269      executive director's designee; and
             10270          (v) the state treasurer or the treasurer's designee.
             10271          (b) The council shall choose a chair and vice chair from among its own members.
             10272          [(c) (i) State government officer and employee members who do not receive salary, per
             10273      diem, or expenses from their agency for their service may receive per diem and expenses
             10274      incurred in the performance of their official duties from the council at the rates established by
             10275      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10276          [(ii) State government officer and employee members may decline to receive per diem
             10277      and expenses for their service.]


             10278          (c) A member may not receive compensation or benefits for the member's service, but
             10279      may receive per diem and travel expenses in accordance with:
             10280          (i) Section 63A-3-106 ;
             10281          (ii) Section 63A-3-107 ; and
             10282          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10283      63A-3-107 .
             10284          (2) The purposes of the council are to:
             10285          (a) coordinate the use and application of the funds available to the state to give
             10286      financial assistance to political subdivisions of this state so as to promote the conservation,
             10287      development, treatment, restoration, and protection of the waters of this state;
             10288          (b) promote the coordination of the financial assistance programs administered by the
             10289      state and the use of the financing alternative most economically advantageous to the state and
             10290      its political subdivisions;
             10291          (c) promote the consideration by the Board of Water Resources, Drinking Water
             10292      Board, and Water Quality Board of regional solutions to the water and wastewater needs of
             10293      individual political subdivisions of this state; and
             10294          (d) assess the adequacy and needs of the state and its political subdivisions with
             10295      respect to water-related infrastructures and advise the governor and the Legislature on those
             10296      funding needs.
             10297          Section 197. Section 73-16-4 is amended to read:
             10298           73-16-4. Members of commission.
             10299          (1) There shall be three members of the Bear River Compact commission from the
             10300      state of Utah.
             10301          (2) One member shall be the interstate stream commissioner of Utah and he shall be
             10302      chairman of the Utah delegation. The other two commissioners from Utah shall be appointed
             10303      by the state water and power board with the consent of the governor, and they shall hold office
             10304      at the pleasure of the water and power board and until their successors shall have been
             10305      appointed and qualified.


             10306          (3) Each member shall be a bona fide resident of the state of Utah and one shall be a
             10307      landowner and irrigator actually residing on and operating a farm within the lower division as
             10308      defined by the compact and one shall be a landowner and irrigator actually residing on and
             10309      operating a farm within the upper division as defined by the compact.
             10310          (4) The Utah water and power board may with the consent of the governor appoint two
             10311      alternate members of the Bear River commission.
             10312          (a) One such alternate shall be a bona fide resident of the state of Utah and a
             10313      landowner and irrigator actually residing on and operating a farm within the lower division as
             10314      defined by the compact and he shall be entitled to act at all regular and special meetings of the
             10315      Bear River commission whenever the regular member of the commission from this same area
             10316      is unable to serve and act.
             10317          (b) One such alternate shall be a bona fide resident of the state of Utah and shall be a
             10318      landowner and irrigator actually residing on and operating a farm within the upper division as
             10319      defined by the compact and he shall be entitled to act at all regular and special meetings of the
             10320      Bear River commission whenever the regular member of the commission from this same area
             10321      is unable to serve and act. [Each member of the commission from Utah shall receive a per
             10322      diem plus necessary expenses, as provided by law.]
             10323          (5) A member may not receive compensation or benefits for the member's service, but
             10324      may receive per diem and travel expenses in accordance with:
             10325          (a) Section 63A-3-106 ;
             10326          (b) Section 63A-3-107 ; and
             10327          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10328      63A-3-107 .
             10329          Section 198. Section 77-32-401 is amended to read:
             10330           77-32-401. Indigent Defense Funds Board -- Members -- Administrative support.
             10331          (1) There is created within the Division of Finance the Indigent Defense Funds Board
             10332      composed of the following nine members:
             10333          (a) two members who are current commissioners or county executives of participating


             10334      counties appointed by the board of directors of the Utah Association of Counties;
             10335          (b) one member at large appointed by the board of directors of the Utah Association of
             10336      Counties;
             10337          (c) two members who are current county attorneys of participating counties appointed
             10338      by the Utah Prosecution Council;
             10339          (d) the director of the Division of Finance or his designee;
             10340          (e) one member appointed by the Administrative Office of the Courts; and
             10341          (f) two members who are private attorneys engaged in or familiar with the criminal
             10342      defense practice appointed by the members of the board listed in Subsections (1)(a) through
             10343      (e).
             10344          (2) Members shall serve four-year terms; however, one of the county commissioners,
             10345      and one of the county attorneys appointed to the initial board shall serve two-year terms and
             10346      the remaining other members of the initial board shall be appointed for four-year terms.
             10347          (3) A vacancy is created if a member appointed under:
             10348          (a) Subsection (1)(a) no longer serves as a county commissioner or county executive;
             10349      or
             10350          (b) Subsection (1)(c) no longer serves as a county attorney.
             10351          (4) When a vacancy occurs in the membership for any reason, a replacement shall be
             10352      appointed for the remaining unexpired term in the same manner as the original appointment.
             10353          (5) The board may contract for administrative support for up to $15,000 annually to be
             10354      paid proportionally from each fund.
             10355          [(6) (a) (i) Members who are not government employees shall receive no
             10356      compensation or benefits for their services, but may receive per diem and expenses incurred in
             10357      the performance of the member's official duties at the rates established by the Division of
             10358      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10359          [(ii) Members may decline to receive per diem and expenses for their service.]
             10360          [(b) (i) State government officer and employee members who do not receive salary, per
             10361      diem, or expenses from their agency for their service may receive per diem and expenses


             10362      incurred in the performance of their official duties from the board at the rates established by
             10363      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10364          [(ii) State government officer and employee members may decline to receive per diem
             10365      and expenses for their service.]
             10366          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             10367      from the entity that they represent for their service may receive per diem and expenses
             10368      incurred in the performance of their official duties at the rates established by the Division of
             10369      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10370          [(ii) Local government members may decline to receive per diem and expenses for
             10371      their service.]
             10372          (6) A member may not receive compensation or benefits for the member's service, but
             10373      may receive per diem and travel expenses in accordance with:
             10374          (a) Section 63A-3-106 ;
             10375          (b) Section 63A-3-107 ; and
             10376          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10377      63A-3-107 .
             10378          (7) Per diem and expenses for board members shall be paid proportionally from each
             10379      fund.
             10380          (8) Five members shall constitute a quorum and, if a quorum is present, the action of a
             10381      majority of the members present shall constitute the action of the board.
             10382          Section 199. Section 77-32-401.5 is amended to read:
             10383           77-32-401.5. Interim board -- Members -- Administrative support -- Duties.
             10384          (1) Until the Indigent Defense Funds Board authorized by Section 77-32-401 is
             10385      constituted after achieving the number of participating counties required by Sections
             10386      77-32-604 and 77-32-704 , an interim board may be created within the Division of Finance
             10387      composed of the following three members:
             10388          (a) a county commissioner from a county participating in the Indigent Inmate Trust
             10389      Fund pursuant to Section 77-32-502 appointed by the Utah Association of Counties;


             10390          (b) a county attorney from a county participating in the Indigent Inmate Trust Fund
             10391      pursuant to Section 77-32-502 appointed by the Utah Association of Counties; and
             10392          (c) a representative appointed by the Administrative Office of the Courts.
             10393          (2) The Division of Finance shall provide administrative support to the interim board.
             10394          (3) (a) Members shall serve until the Indigent Defense Funds Board is constituted.
             10395          (b) When a vacancy occurs in the membership for any reason, a replacement shall be
             10396      appointed for the remaining unexpired term in the same manner as the original appointment.
             10397          [(4) (a) Compensation for members shall be the same as provided in Subsection
             10398      77-32-401 (6).]
             10399          (4) A member may not receive compensation or benefits for the member's service, but
             10400      may receive per diem and travel expenses in accordance with:
             10401          (a) Section 63A-3-106 ;
             10402          (b) Section 63A-3-107 ; and
             10403          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10404      63A-3-107 .
             10405          [(b) Per diem and] (5) The per diem and travel expenses for board members under
             10406      Subsection (4) shall be paid from the Indigent Inmate Trust Fund in Section 77-32-502 .
             10407          [(5)] (6) Until the Indigent Defense Funds Board is constituted, the interim board shall
             10408      be authorized to carry out any responsibility provided to the Indigent Defense Funds Board in
             10409      statute as it relates to Chapter 32, Part 5, Indigent Inmates.
             10410          [(6)] (7) The action by two members present shall constitute the action of the board.
             10411          Section 200. Section 78A-2-502 is amended to read:
             10412           78A-2-502. Creation of policy board -- Membership -- Terms -- Chair -- Quorum
             10413      -- Expenses.
             10414          (1) There is created a 13 member policy board to be known as the "Online Court
             10415      Assistance Program Policy Board" which shall:
             10416          (a) identify the subject matter included in the Online Court Assistance Program;
             10417          (b) develop information and forms in conformity with the rules of procedure and


             10418      evidence; and
             10419          (c) advise the Administrative Office of the Courts regarding the administration of the
             10420      program.
             10421          (2) The voting membership shall consist of:
             10422          (a) two members of the House of Representatives designated by the speaker, with one
             10423      member from each party;
             10424          (b) two members of the Senate designated by the president, with one member from
             10425      each party;
             10426          (c) two attorneys actively practicing in domestic relations designated by the Family
             10427      Law Section of the Utah State Bar;
             10428          (d) one attorney actively practicing in civil litigation designated by the Civil Litigation
             10429      Section of the Utah State Bar;
             10430          (e) one court commissioner designated by the chief justice of the Utah Supreme Court;
             10431          (f) one district court judge designated by the chief justice of the Utah Supreme Court;
             10432          (g) one attorney from Utah Legal Services designated by its director;
             10433          (h) one attorney from Legal Aid designated by its director; and
             10434          (i) two persons from the Administrative Office of the Courts designated by the state
             10435      court administrator.
             10436          (3) (a) The terms of the members shall be four years and staggered so that
             10437      approximately half of the board expires every two years.
             10438          (b) The board shall meet as needed.
             10439          (4) The board shall select one of its members to serve as chair.
             10440          (5) A majority of the members of the board constitutes a quorum.
             10441          [(6) (a) (i) Members who are not government employees shall receive no
             10442      compensation or benefits for their services, but may receive per diem and expenses incurred in
             10443      the performance of the member's official duties at the rates established by the Division of
             10444      Finance under Sections 63A-3-106 and 63A-3-107 .]
             10445          [(ii) Members may decline to receive per diem and expenses for their service.]


             10446          [(b) (i) State government officer and employee members who do not receive salary, per
             10447      diem, or expenses from their agency for their service may receive per diem and expenses
             10448      incurred in the performance of their official duties from the board at the rates established by
             10449      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10450          [(ii) State government officer and employee members may decline to receive per diem
             10451      and expenses for their service.]
             10452          [(c) Legislators on the committee shall receive compensation and expenses as provided
             10453      by law and legislative rule.]
             10454          (6) A member may not receive compensation or benefits for the member's service, but
             10455      may receive per diem and travel expenses in accordance with:
             10456          (a) Section 63A-3-106 ;
             10457          (b) Section 63A-3-107 ; and
             10458          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10459      63A-3-107 .
             10460          Section 201. Section 78A-6-1208 is amended to read:
             10461           78A-6-1208. Youth Court Board -- Membership -- Responsibilities.
             10462          (1) The Utah attorney general's office shall provide staff support and assistance to a
             10463      Youth Court Board comprised of the following:
             10464          (a) the Utah attorney general or his designee;
             10465          (b) one member of the Utah Prosecution Council;
             10466          (c) one member from the Board of Juvenile Court Judges;
             10467          (d) the juvenile court administrator or his designee;
             10468          (e) one person from the Office of Juvenile Justice and Delinquency Prevention;
             10469          (f) the state superintendent of education or his designee;
             10470          (g) two representatives from Youth Courts based primarily in schools;
             10471          (h) two representatives from Youth Courts based primarily in communities;
             10472          (i) one member from the law enforcement community; and
             10473          (j) one member from the community at large.


             10474          (2) The members selected to fill the positions in Subsections (1)(a) through (f) shall
             10475      jointly select the members to fill the positions in Subsections (1)(g) through (j).
             10476          (3) Members shall serve two-year staggered terms beginning July 1, 1999, except the
             10477      initial terms of the members designated by Subsections (1)(a), (c), (e), and (i), and one of the
             10478      members from Subsections (1)(g) and (h) shall serve one-year terms, but may be reappointed
             10479      for a full two-year term upon the expiration of their initial term.
             10480          (4) The Youth Court Board shall meet at least quarterly to:
             10481          (a) set minimum standards for the establishment of Youth Courts, including an
             10482      application process, membership and training requirements, and the qualifications for the
             10483      adult coordinator;
             10484          (b) review certification applications; and
             10485          (c) provide for a process to recertify each Youth Court every three years.
             10486          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
             10487      the Youth Court Board shall make rules to accomplish the requirements of Subsection (3).
             10488          (6) The Youth Court Board may deny certification or recertification, or withdraw the
             10489      certification of any Youth Court for failure to comply with program requirements.
             10490          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             10491      receive per diem and expenses incurred in the performance of the member's official duties at
             10492      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10493          [(b) Members may decline to receive per diem and expenses for their service.]
             10494          (7) A member may not receive compensation or benefits for the member's service, but
             10495      may receive per diem and travel expenses in accordance with:
             10496          (a) Section 63A-3-106 ;
             10497          (b) Section 63A-3-107 ; and
             10498          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10499      63A-3-107 .
             10500          (8) The Youth Court Board shall provide a list of certified Youth Courts to the Board
             10501      of Juvenile Court Judges, all law enforcement agencies in the state, all school districts, and the


             10502      Utah Prosecution Council by December 31 of each year.
             10503          Section 202. Section 78A-10-205 is repealed and reenacted to read:
             10504          78A-10-205. Expenses -- Per diem and travel.
             10505          A member may not receive compensation or benefits for the member's service, but may
             10506      receive per diem and travel expenses in accordance with:
             10507          (1) Section 63A-3-106 ;
             10508          (2) Section 63A-3-107 ; and
             10509          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10510      63A-3-107 .
             10511          Section 203. Section 78A-10-305 is repealed and reenacted to read:
             10512          78A-10-305. Expenses -- Per diem and travel.
             10513          A member may not receive compensation or benefits for the member's service, but may
             10514      receive per diem and travel expenses in accordance with:
             10515          (1) Section 63A-3-106 ;
             10516          (2) Section 63A-3-107 ; and
             10517          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10518      63A-3-107 .
             10519          Section 204. Section 78A-11-104 is repealed and reenacted to read:
             10520          78A-11-104. Expenses -- Per diem and travel.
             10521          A member may not receive compensation or benefits for the member's service, but may
             10522      receive per diem and travel expenses in accordance with:
             10523          (1) Section 63A-3-106 ;
             10524          (2) Section 63A-3-107 ; and
             10525          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10526      63A-3-107 .
             10527          Section 205. Section 78A-12-202 is amended to read:
             10528           78A-12-202. Salary and expenses -- Staff.
             10529          [(1) (a) (i) A member who is not a government employee receives no compensation or


             10530      benefits for the member's service, but may receive per diem and expenses incurred in the
             10531      performance of the member's official duties at the rates established by the Division of Finance
             10532      under Sections 63A-3-106 and 63A-3-107 .]
             10533          [(ii) A member may decline to receive per diem and expenses for the member's
             10534      service.]
             10535          [(b) (i) A state government officer or employee member who does not receive salary,
             10536      per diem, or expenses from the member's agency for the member's service may receive per
             10537      diem and expenses incurred in the performance of their official duties from the commission at
             10538      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10539          [(ii) A state government officer or employee member may decline to receive per diem
             10540      and expenses for the member's service.]
             10541          (1) A member may not receive compensation or benefits for the member's service, but
             10542      may receive per diem and travel expenses in accordance with:
             10543          (a) Section 63A-3-106 ;
             10544          (b) Section 63A-3-107 ; and
             10545          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10546      63A-3-107 .
             10547          (2) The commission shall elect a chair from among its members.
             10548          (3) The commission shall employ an executive director and may employ additional
             10549      staff as necessary within budgetary constraints.
             10550          (4) The commission shall be located in the Commission on Criminal and Juvenile
             10551      Justice.
             10552          Section 206. Section 78B-3-416 is amended to read:
             10553           78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
             10554      limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
             10555      fees.
             10556          (1) (a) The division shall provide a hearing panel in alleged medical liability cases
             10557      against health care providers as defined in Section 78B-3-403 , except dentists.


             10558          (b) (i) The division shall establish procedures for prelitigation consideration of
             10559      medical liability claims for damages arising out of the provision of or alleged failure to
             10560      provide health care.
             10561          (ii) The division may establish rules necessary to administer the process and
             10562      procedures related to prelitigation hearings and the conduct of prelitigation hearings in
             10563      accordance with Sections 78B-3-416 through 78B-3-420 .
             10564          (c) The proceedings are informal, nonbinding, and are not subject to Title 63G,
             10565      Chapter 4, Administrative Procedures Act, but are compulsory as a condition precedent to
             10566      commencing litigation.
             10567          (d) Proceedings conducted under authority of this section are confidential, privileged,
             10568      and immune from civil process.
             10569          (2) (a) The party initiating a medical liability action shall file a request for
             10570      prelitigation panel review with the division within 60 days after the service of a statutory
             10571      notice of intent to commence action under Section 78B-3-412 .
             10572          (b) The request shall include a copy of the notice of intent to commence action. The
             10573      request shall be mailed to all health care providers named in the notice and request.
             10574          (3) (a) The filing of a request for prelitigation panel review under this section tolls the
             10575      applicable statute of limitations until the earlier of 60 days following the division's issuance of
             10576      an opinion by the prelitigation panel, or 60 days following the termination of jurisdiction by
             10577      the division as provided in this Subsection (3). The division shall send any opinion issued by
             10578      the panel to all parties by regular mail.
             10579          (b) (i) The division shall complete a prelitigation hearing under this section within 180
             10580      days after the filing of the request for prelitigation panel review, or within any longer period as
             10581      agreed upon in writing by all parties to the review.
             10582          (ii) If the prelitigation hearing has not been completed within the time limits
             10583      established in Subsection (3)(b)(i), the division has no further jurisdiction over the matter
             10584      subject to review and the claimant is considered to have complied with all conditions
             10585      precedent required under this section prior to the commencement of litigation.


             10586          (c) (i) The claimant and any respondent may agree by written stipulation that no useful
             10587      purpose would be served by convening a prelitigation panel under this section.
             10588          (ii) When the stipulation is filed with the division, the division shall within 10 days
             10589      after receipt enter an order divesting itself of jurisdiction over the claim, as it concerns the
             10590      stipulating respondent, and stating that the claimant has complied with all conditions
             10591      precedent to the commencement of litigation regarding the claim.
             10592          (4) The division shall provide for and appoint an appropriate panel or panels to hear
             10593      complaints of medical liability and damages, made by or on behalf of any patient who is an
             10594      alleged victim of medical liability. The panels are composed of:
             10595          (a) one member who is a resident lawyer currently licensed and in good standing to
             10596      practice law in this state and who shall serve as chairman of the panel, who is appointed by the
             10597      division from among qualified individuals who have registered with the division indicating a
             10598      willingness to serve as panel members, and a willingness to comply with the rules of
             10599      professional conduct governing lawyers in the state [of Utah], and who has completed division
             10600      training regarding conduct of panel hearings;
             10601          (b) (i) one member who is a licensed health care provider listed under Section
             10602      78B-3-403 , who is practicing and knowledgeable in the same specialty as the proposed
             10603      defendant, and who is appointed by the division in accordance with Subsection (5); or
             10604          (ii) in claims against only hospitals or their employees, one member who is an
             10605      individual currently serving in a hospital administration position directly related to hospital
             10606      operations or conduct that includes responsibility for the area of practice that is the subject of
             10607      the liability claim, and who is appointed by the division; and
             10608          (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
             10609      provider, and who is a responsible citizen of the state, selected and appointed by the division
             10610      from among individuals who have completed division training with respect to panel hearings.
             10611          (5) (a) Each person listed as a health care provider in Section 78B-3-403 and
             10612      practicing under a license issued by the state, is obligated as a condition of holding that license
             10613      to participate as a member of a medical liability prelitigation panel at reasonable times, places,


             10614      and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
             10615      division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
             10616          (b) A licensee may be excused from appearance and participation as a panel member
             10617      upon the division finding participation by the licensee will create an unreasonable burden or
             10618      hardship upon the licensee.
             10619          (c) A licensee whom the division finds failed to appear and participate as a panel
             10620      member when so ordered, without adequate explanation or justification and without being
             10621      excused for cause by the division, may be assessed an administrative fine not to exceed
             10622      $5,000.
             10623          (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
             10624      participate as a panel member when so ordered, without adequate explanation or justification
             10625      and without being excused for cause by the division, may be assessed an administrative fine
             10626      not to exceed $5,000, and is guilty of unprofessional conduct.
             10627          (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the
             10628      Physicians Education Fund created in Section 58-67a-1 .
             10629          (6) Each person selected as a panel member shall certify, under oath, that he has no
             10630      bias or conflict of interest with respect to any matter under consideration.
             10631          [(7) Members of the prelitigation hearing panels shall receive per diem compensation
             10632      and travel expenses for attending panel hearings as established by rules of the division.]
             10633          (7) A member of the prelitigation hearing panel may not receive compensation or
             10634      benefits for the member's service, but may receive per diem and travel expenses in accordance
             10635      with:
             10636          (a) Section 63A-3-106 ;
             10637          (b) Section 63A-3-107 ; and
             10638          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10639      63A-3-107 .
             10640          (8) (a) In addition to the actual cost of administering the licensure of health care
             10641      providers, the division may set license fees of health care providers within the limits


             10642      established by law equal to their proportionate costs of administering prelitigation panels.
             10643          (b) The claimant bears none of the costs of administering the prelitigation panel except
             10644      under Section 78B-3-420 .
             10645          Section 207. Section 78B-12-403 is repealed and reenacted to read:
             10646          78B-12-403. Expenses for per diem and travel.
             10647          A member may not receive compensation or benefits for the member's service, but may
             10648      receive per diem and travel expenses in accordance with:
             10649          (1) Section 63A-3-106 ;
             10650          (2) Section 63A-3-107 ; and
             10651          (3) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10652      63A-3-107 .
             10653          Section 208. Section 79-3-302 is amended to read:
             10654           79-3-302. Members of board -- Qualifications and appointment -- Vacancies --
             10655      Organization -- Meetings -- Financial gain prohibited -- Expenses.
             10656          (1) The board consists of seven members appointed by the governor, with the consent
             10657      of the Senate.
             10658          (2) In addition to the requirements of Section 79-2-203 , the members shall have the
             10659      following qualifications:
             10660          (a) one member knowledgeable in the field of geology as applied to the practice of
             10661      civil engineering;
             10662          (b) four members knowledgeable and representative of various segments of the
             10663      mineral industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial
             10664      minerals;
             10665          (c) one member knowledgeable of the economic or scientific interests of the mineral
             10666      industry in the state; and
             10667          (d) one member who is interested in the goals of the survey and from the public at
             10668      large.
             10669          (3) The director of the School and Institutional Trust Lands Administration is an ex


             10670      officio member of the board but without any voting privileges.
             10671          (4) (a) Except as required by Subsection (4)(b), members are appointed for terms of
             10672      four years.
             10673          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             10674      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             10675      board members are staggered so that approximately half of the board is appointed every two
             10676      years.
             10677          (c) No more than four members may be of the same political party.
             10678          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             10679      appointed for the unexpired term by the governor with the consent of the Senate.
             10680          (5) The board shall select from its members a chair and such officers and committees
             10681      as it considers necessary.
             10682          (6) (a) The board shall hold meetings at least quarterly on such dates as may be set by
             10683      its chair.
             10684          (b) Special meetings may be held upon notice of the chair or by a majority of its
             10685      members.
             10686          (c) A majority of the members of the board present at a meeting constitutes a quorum
             10687      for the transaction of business.
             10688          (7) Members of the board may not obtain financial gain by reason of information
             10689      obtained during the course of their official duties.
             10690          [(8) (a) (i) A member who is not a government employee may not receive
             10691      compensation or benefits for the member's service, but may receive per diem and expenses
             10692      incurred in the performance of the member's official duties at the rates established by the
             10693      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10694          [(ii) A member may decline to receive per diem and expenses for the member's
             10695      service.]
             10696          [(b) (i) A state government officer and employee member who does not receive salary,
             10697      per diem, or expenses from the agency the member represents for the member's service may


             10698      receive per diem and expenses incurred in the performance of the member's official duties at
             10699      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10700          [(ii) A state government officer and employee member may decline to receive per
             10701      diem and expenses for the member's service.]
             10702          (8) A member may not receive compensation or benefits for the member's service, but
             10703      may receive per diem and travel expenses in accordance with:
             10704          (a) Section 63A-3-106 ;
             10705          (b) Section 63A-3-107 ; and
             10706          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10707      63A-3-107 .
             10708          Section 209. Section 79-4-302 is amended to read:
             10709           79-4-302. Board appointment and terms of members -- Expenses.
             10710          (1) (a) The board is composed of nine members appointed by the governor, with the
             10711      consent of the Senate, to four-year terms.
             10712          (b) In addition to the requirements of Section 79-2-203 , the governor shall:
             10713          (i) appoint one member from each judicial district and one member from the public at
             10714      large;
             10715          (ii) ensure that not more than five members are from the same political party; and
             10716          (iii) appoint persons who have an understanding of and demonstrated interest in parks
             10717      and recreation.
             10718          (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
             10719      adjust the length of terms to ensure that the terms of board members are staggered so that
             10720      approximately half of the board is appointed every two years.
             10721          (2) When vacancies occur because of death, resignation, or other cause, the governor,
             10722      with the consent of the Senate, shall:
             10723          (a) appoint a person to complete the unexpired term of the person whose office was
             10724      vacated; and
             10725          (b) if the person was appointed from a judicial district, appoint the replacement from


             10726      the judicial district from which the person whose office has become vacant was appointed.
             10727          (3) The board shall appoint its chair from its membership.
             10728          [(4) (a) A member may not receive compensation or benefits for the member's service,
             10729      but may receive per diem and expenses incurred in the performance of the member's official
             10730      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             10731      63A-3-107 .]
             10732          [(b) A member may decline to receive per diem and expenses for the member's
             10733      service.]
             10734          (4) A member may not receive compensation or benefits for the member's service, but
             10735      may receive per diem and travel expenses in accordance with:
             10736          (a) Section 63A-3-106 ;
             10737          (b) Section 63A-3-107 ; and
             10738          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10739      63A-3-107 .
             10740          Section 210. Section 79-5-202 is amended to read:
             10741           79-5-202. Council membership -- Expenses.
             10742          (1) The council shall consist of nine members knowledgeable about muscle-powered
             10743      recreational activities as follows:
             10744          (a) five members shall represent the public at large;
             10745          (b) one member, nominated by the Utah League of Cities and Towns, shall represent
             10746      city government;
             10747          (c) one member, nominated by the Utah Association of Counties, shall represent
             10748      county government;
             10749          (d) one member shall represent the United States Forest Service; and
             10750          (e) one member shall represent the Bureau of Land Management.
             10751          (2) (a) Except as required by Subsection (2)(b), as terms of current council members
             10752      expire, the division shall appoint each new member or reappointed member to a four-year
             10753      term.


             10754          (b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the
             10755      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             10756      council members are staggered so that approximately half of the council is appointed every
             10757      two years.
             10758          (3) The council shall elect annually a chair and a vice chair from its members.
             10759          (4) When a vacancy occurs in the membership for any reason, the division shall
             10760      appoint the replacement for the unexpired term.
             10761          [(5) (a) (i) A member who is not a government employee may not receive
             10762      compensation or benefits for the member's service, but may receive per diem and expenses
             10763      incurred in the performance of the member's official duties at the rates established by the
             10764      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10765          [(ii) A member may decline to receive per diem and expenses for the member's
             10766      service.]
             10767          [(b) (i) A state government officer and employee member who does not receive salary,
             10768      per diem, or expenses from the agency the member represents for the member's service may
             10769      receive per diem and expenses incurred in the performance of the member's official duties at
             10770      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10771          [(ii) A state government officer and employee member may decline to receive per
             10772      diem and expenses for the member's service.]
             10773          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             10774      from the entity that the member represents for the member's service may receive per diem and
             10775      expenses incurred in the performance of the member's official duties at the rates established by
             10776      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             10777          [(ii) A local government member may decline to receive per diem and expenses for the
             10778      member's service.]
             10779          (5) A member may not receive compensation or benefits for the member's service, but
             10780      may receive per diem and travel expenses in accordance with:
             10781          (a) Section 63A-3-106 ;


             10782          (b) Section 63A-3-107 ; and
             10783          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             10784      63A-3-107 .


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