Download Zipped Enrolled WordPerfect HB0027.ZIP
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
H.B. 27 Enrolled
1
2
3
4
5
6
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 [
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 [
280
281
282 [
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. [
293 (2) A member of a committee [
294 [
295
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 [
328
329
330
331 [
332 [
333
334
335
336 [
337
338 [
339
340
341
342 [
343
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 [
382
383
384
385 [
386 [
387
388
389
390 [
391
392 [
393
394
395
396 [
397
398 [
399
400
401
402 [
403
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 [
450
451
452
453 [
454
455 [
456
457
458
459 [
460
461 [
462
463
464
465 [
466
467 [
468
469
470
471 [
472
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 [
493
494
495
496 [
497
498 [
499
500
501
502 [
503
504 [
505
506
507
508 [
509
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 [
551
552
553
554 [
555 [
556
557
558
559 [
560
561 [
562
563
564
565 [
566
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 [
601
602
603
604 [
605 [
606
607
608
609 [
610
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 [
646
647
648 [
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 [
683
684
685
686 [
687 [
688
689
690
691 [
692
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 [
721
722
723
724 [
725 [
726
727
728
729 [
730
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 [
804
805
806
807 [
808
809 [
810
811
812
813 [
814
815 [
816
817
818
819 [
820
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 [
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 [
871
872
873
874 [
875
876 [
877
878
879
880 [
881
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 [
918
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 [
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 [
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 [
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 [
959
960
961
962 [
963 [
964
965
966
967 [
968
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 [
1020
1021
1022
1023 [
1024 [
1025
1026
1027
1028 [
1029
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 [
1070
1071
1072 [
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 [
1106
1107
1108 [
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 [
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 [
1170
1171
1172
1173 [
1174
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 [
1234
1235
1236
1237 [
1238 [
1239
1240
1241
1242 [
1243
1244 [
1245
1246
1247
1248 [
1249
1250 [
1251
1252
1253
1254 [
1255
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 [
1305
1306
1307
1308 [
1309 [
1310
1311
1312
1313 [
1314
1315 [
1316
1317
1318
1319 [
1320
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 [
1362
1363
1364
1365 [
1366
1367
1368
1369 [
1370
1371
1372
1373 [
1374
1375
1376
1377 [
1378
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 [
1426
1427
1428
1429 [
1430 [
1431
1432
1433
1434 [
1435
1436 [
1437
1438
1439
1440 [
1441
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 [
1473
1474
1475
1476 [
1477 [
1478
1479
1480
1481 [
1482
1483 [
1484
1485
1486
1487 [
1488
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 [
1547
1548
1549
1550 [
1551 [
1552
1553
1554
1555 [
1556
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 [
1591
1592
1593 [
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 [
1601 the purchasing fund of the division during [
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 [
1617
1618
1619 [
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 [
1648
1649
1650 [
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 [
1683
1684
1685
1686 [
1687
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 [
1730
1731
1732
1733 [
1734 [
1735
1736
1737
1738 [
1739
1740 [
1741
1742
1743
1744 [
1745
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 [
1772
1773
1774 [
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 [
1829
1830
1831
1832
1833 [
1834
1835
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 [
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 [
1888
1889
1890 [
1891
1892
1893 [
1894 [
1895
1896 [
1897
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 [
1922
1923
1924
1925 [
1926
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 [
1979
1980
1981
1982 [
1983 [
1984
1985
1986
1987 [
1988
1989 [
1990
1991
1992
1993 [
1994
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 [
2029
2030
2031
2032 [
2033
2034 [
2035
2036
2037
2038 [
2039
2040 [
2041
2042
2043
2044 [
2045
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 [
2053 be included as costs of administration of the revitalization fund.
2054 [
2055 [
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 [
2084
2085
2086 [
2087 [
2088
2089
2090
2091 [
2092
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 [
2140
2141 [
2142
2143
2144 [
2145
2146
2147
2148 [
2149
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 [
2157 [
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 [
2221
2222
2223
2224 [
2225
2226 [
2227
2228
2229
2230 [
2231
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 [
2296
2297
2298
2299 [
2300
2301 [
2302
2303
2304
2305 [
2306
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 [
2348
2349 [
2350
2351
2352 [
2353
2354
2355
2356 [
2357
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 [
2365 [
2366 board.
2367 [
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 [
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 [
2380 [
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 [
2403
2404
2405
2406 [
2407 [
2408
2409
2410
2411 [
2412
2413 [
2414
2415
2416
2417 [
2418
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 [
2443
2444
2445 [
2446
2447
2448 [
2449
2450
2451
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 [
2506
2507
2508
2509 [
2510
2511 [
2512
2513
2514
2515
2516 [
2517
2518 [
2519
2520
2521
2522 [
2523
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 [
2567
2568
2569
2570 [
2571 [
2572
2573
2574
2575 [
2576
2577 [
2578
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 [
2625
2626
2627
2628 [
2629 [
2630
2631
2632
2633 [
2634
2635 [
2636
2637
2638
2639 [
2640
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 [
2692
2693
2694
2695 [
2696
2697 [
2698
2699
2700
2701
2702 [
2703
2704 [
2705
2706
2707
2708 [
2709
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 [
2757
2758
2759
2760 [
2761
2762 [
2763
2764
2765
2766 [
2767
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 [
2809
2810
2811
2812 [
2813 [
2814
2815
2816
2817 [
2818
2819 [
2820
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 [
2853
2854
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 [
2876
2877
2878
2879 [
2880
2881 [
2882
2883
2884
2885 [
2886
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 [
2955
2956
2957
2958 [
2959 [
2960
2961
2962
2963 [
2964
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 [
3011
3012
3013
3014 [
3015 [
3016
3017
3018
3019 [
3020
3021 [
3022
3023
3024
3025 [
3026
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 [
3063
3064
3065
3066 [
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 [
3138
3139
3140 [
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 [
3189
3190
3191
3192 [
3193
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 [
3262
3263
3264
3265 [
3266 [
3267
3268
3269
3270 [
3271
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 [
3315
3316
3317 [
3318 [
3319
3320
3321
3322 [
3323
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 [
3353
3354
3355
3356 [
3357 [
3358
3359
3360
3361 [
3362
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 [
3374
3375
3376 [
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 [
3429
3430
3431
3432 [
3433 [
3434
3435
3436
3437 [
3438
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 [
3479
3480
3481
3482 [
3483 [
3484
3485
3486
3487 [
3488
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 [
3536
3537
3538
3539
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 [
3582
3583
3584
3585 [
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; [
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 [
3636
3637
3638
3639 [
3640
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 [
3691
3692
3693
3694 [
3695 [
3696
3697
3698
3699 [
3700
3701 [
3702
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 [
3740
3741
3742
3743 [
3744
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 [
3778
3779
3780
3781 [
3782
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 [
3848
3849
3850
3851 [
3852
3853 [
3854
3855
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 [
3927
3928
3929
3930 [
3931
3932 [
3933
3934
3935
3936
3937 [
3938
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 [
3984
3985
3986
3987 [
3988 [
3989
3990
3991
3992 [
3993
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 [
4048
4049
4050 [
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)[
4082
4083
4084
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 [
4092
4093 [
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 [
4159
4160
4161
4162 [
4163
4164 [
4165
4166
4167
4168 [
4169
4170 [
4171
4172 [
4173
4174 [
4175
4176
4177
4178 [
4179
4180
4181
4182 [
4183
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 [
4298
4299
4300
4301 [
4302
4303 [
4304
4305
4306
4307 [
4308
4309 [
4310
4311 [
4312
4313
4314
4315 [
4316
4317
4318
4319 [
4320
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 [
4395
4396
4397
4398 [
4399
4400
4401
4402 [
4403
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 [
4503
4504
4505
4506 [
4507
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 [
4576
4577
4578 [
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 [
4596
4597 [
4598
4599
4600
4601 [
4602
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 [
4642
4643
4644
4645 [
4646
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 [
4675
4676
4677
4678 [
4679
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 [
4731
4732
4733
4734 [
4735
4736 [
4737
4738
4739
4740 [
4741
4742 [
4743
4744
4745
4746 [
4747
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 [
4778
4779
4780
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 [
4816
4817
4818
4819 [
4820 [
4821
4822
4823
4824 [
4825
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 [
4853
4854
4855 [
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 [
4914
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 [
4924
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 [
5030
5031
5032
5033 [
5034 [
5035
5036
5037
5038 [
5039
5040 [
5041
5042
5043
5044 [
5045
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 [
5082
5083
5084
5085 [
5086 [
5087
5088
5089
5090 [
5091
5092 [
5093
5094 [
5095
5096
5097
5098 [
5099
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 [
5128
5129
5130
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 [
5161
5162
5163
5164 [
5165 [
5166
5167
5168
5169 [
5170
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 [
5241
5242
5243 [
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 [
5267
5268
5269
5270 [
5271 [
5272
5273
5274
5275 [
5276
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 [
5337
5338
5339
5340 [
5341 [
5342
5343
5344
5345 [
5346
5347 [
5348
5349
5350
5351 [
5352
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 [
5396
5397
5398
5399 [
5400 [
5401
5402
5403
5404 [
5405
5406 [
5407
5408
5409
5410 [
5411
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 [
5456
5457
5458
5459 [
5460 [
5461
5462
5463
5464 [
5465
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 [
5510
5511
5512
5513 [
5514 [
5515
5516
5517
5518 [
5519
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 [
5565
5566
5567
5568 [
5569 [
5570
5571
5572
5573 [
5574
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 [
5618
5619
5620
5621 [
5622 [
5623
5624
5625
5626 [
5627
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[
5646 [
5647
5648
5649 [
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 [
5653
5654
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 [
5682
5683
5684
5685 [
5686 [
5687
5688
5689
5690 [
5691
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 [
5717
5718
5719
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 [
5774
5775
5776
5777 [
5778
5779 [
5780
5781
5782
5783
5784 [
5785
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 [
5825
5826
5827
5828 [
5829
5830 [
5831
5832
5833
5834 [
5835
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 [
5862
5863
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 [
5960
5961 [
5962
5963
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 [
6005
6006
6007
6008 [
6009 [
6010
6011
6012
6013 [
6014
6015 [
6016
6017
6018
6019 [
6020
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 [
6094
6095
6096
6097 [
6098 [
6099
6100
6101
6102 [
6103
6104 [
6105
6106
6107
6108 [
6109
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 [
6133
6134
6135
6136 [
6137 [
6138
6139
6140
6141 [
6142
6143 [
6144
6145
6146
6147
6148 [
6149
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 [
6181
6182
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 [
6249
6250
6251
6252 [
6253
6254 [
6255
6256
6257
6258 [
6259
6260 [
6261
6262
6263
6264 [
6265
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 [
6273 throughout the state.
6274 [
6275 by UEN.
6276 [
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 [
6322
6323
6324 [
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 [
6368
6369
6370
6371 [
6372 [
6373
6374
6375
6376 [
6377
6378 [
6379
6380
6381
6382 [
6383
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 [
6431
6432
6433
6434
6435 [
6436
6437
6438
6439
6440
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 [
6490
6491
6492
6493 [
6494
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 [
6532
6533
6534
6535 [
6536 [
6537
6538
6539
6540 [
6541
6542 [
6543
6544
6545
6546 [
6547
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 [
6590
6591
6592
6593 [
6594 [
6595
6596
6597
6598 [
6599
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 [
6641
6642
6643 [
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 [
6695
6696
6697
6698 [
6699 [
6700
6701
6702
6703 [
6704
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 [
6776
6777
6778 [
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 [
6834
6835
6836
6837 [
6838 [
6839
6840
6841
6842 [
6843
6844 [
6845
6846
6847
6848 [
6849
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 [
6882
6883
6884
6885 [
6886 [
6887
6888
6889
6890 [
6891
6892 [
6893
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 [
6984
6985
6986
6987 [
6988
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 [
7072
7073
7074
7075 [
7076
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 [
7126
7127
7128
7129 [
7130
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 [
7184
7185
7186
7187 [
7188
7189 [
7190
7191
7192
7193
7194 [
7195
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 [
7237
7238
7239
7240 [
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 [
7266
7267
7268
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 [
7294
7295 [
7296
7297
7298 [
7299 [
7300
7301
7302 [
7303
7304
7305 [
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 [
7342
7343
7344
7345 [
7346
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 [
7380
7381
7382 [
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 [
7428
7429
7430
7431 [
7432 [
7433
7434
7435
7436 [
7437
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 [
7547
7548
7549
7550 [
7551 [
7552
7553
7554
7555 [
7556
7557 [
7558
7559
7560
7561 [
7562
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 [
7586
7587
7588
7589 [
7590 [
7591
7592
7593
7594 [
7595
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; [
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 [
7637
7638
7639
7640 [
7641 [
7642
7643
7644
7645 [
7646
7647 [
7648
7649
7650
7651 [
7652
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 [
7674
7675
7676
7677 [
7678
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 [
7694
7695
7696
7697 [
7698 [
7699
7700
7701
7702 [
7703
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 [
7763
7764
7765
7766 [
7767
7768 [
7769
7770
7771
7772 [
7773
7774 [
7775
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 [
7789
7790
7791
7792 [
7793 [
7794
7795
7796
7797 [
7798
7799 [
7800
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 [
7845
7846
7847 [
7848 [
7849
7850 [
7851
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 [
7875
7876
7877
7878 [
7879 [
7880
7881
7882
7883 [
7884
7885 [
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 [
7934
7935
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 [
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 [
7985
7986
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 [
8020
8021
8022
8023 [
8024 [
8025
8026
8027
8028 [
8029
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 [
8077
8078
8079
8080 [
8081 [
8082
8083
8084
8085 [
8086
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 [
8119
8120
8121
8122 [
8123 [
8124
8125
8126
8127 [
8128
8129 [
8130
8131
8132
8133 [
8134
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 [
8161
8162
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 [
8205
8206
8207
8208 [
8209 [
8210
8211
8212
8213 [
8214
8215 [
8216
8217
8218
8219 [
8220
8221 [
8222
8223
8224
8225 [
8226
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 [
8261
8262
8263 [
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 [
8308
8309
8310
8311 [
8312
8313 [
8314
8315
8316
8317 [
8318
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 [
8375
8376
8377
8378 [
8379
8380 [
8381
8382
8383
8384 [
8385
8386 [
8387
8388
8389
8390 [
8391
8392 [
8393
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 [
8451
8452
8453
8454 [
8455 [
8456
8457
8458
8459 [
8460
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 [
8498
8499
8500
8501 [
8502
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 [
8528
8529
8530
8531 [
8532
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 [
8584
8585
8586 [
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 [
8635
8636
8637
8638 [
8639 [
8640
8641
8642
8643 [
8644
8645 [
8646
8647
8648
8649 [
8650
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 [
8679
8680
8681
8682 [
8683
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 [
8755
8756
8757 [
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 [
8788
8789
8790
8791 [
8792 [
8793
8794
8795
8796 [
8797
8798 [
8799
8800
8801
8802 [
8803
8804 [
8805
8806
8807
8808 [
8809
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 [
8827
8828
8829
8830 [
8831
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 [
8839 participate in the final decision-making of the committee or the board.
8840 [
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) [
8856 (b) [
8857 (c) [
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 [
8879
8880
8881
8882 [
8883
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 [
8916
8917
8918
8919 [
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 [
8956
8957
8958
8959 [
8960 [
8961
8962
8963
8964 [
8965
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 [
8988
8989
8990
8991 [
8992 [
8993
8994
8995
8996 [
8997
8998 [
8999
9000 [
9001
9002
9003
9004 [
9005
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 [
9023
9024
9025
9026 [
9027 [
9028
9029
9030
9031 [
9032
9033 [
9034
9035 [
9036
9037 [
9038
9039
9040
9041 [
9042
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 [
9053
9054
9055
9056 [
9057 [
9058
9059
9060
9061 [
9062
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 [
9107
9108
9109
9110 [
9111 [
9112
9113
9114
9115 [
9116
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 [
9147
9148
9149 [
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 [
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 [
9184
9185
9186
9187 [
9188
9189
9190
9191 [
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) [
9222 communities that at least:
9223 [
9224 [
9225 needs;
9226 [
9227 operating programs under this chapter between the state, school districts, and counties;
9228 [
9229 private agencies, and school districts that provide services under this chapter; and
9230 [
9231 prescribed geographical area;
9232 [
9233
9234
9235
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 [
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 [
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 [
9317
9318
9319
9320 [
9321 [
9322
9323
9324
9325 [
9326
9327 [
9328
9329
9330
9331 [
9332
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 [
9383
9384
9385
9386 [
9387 [
9388
9389
9390
9391 [
9392
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 [
9429
9430
9431 [
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 [
9476
9477
9478
9479 [
9480 [
9481
9482
9483
9484 [
9485
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 [
9520
9521
9522
9523 [
9524
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 [
9555
9556
9557
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 [
9593
9594
9595 [
9596
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 [
9633
9634
9635 [
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 [
9652
9653
9654
9655 [
9656
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 [
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 [
9717
9718
9719
9720 [
9721
9722 [
9723
9724
9725
9726
9727 [
9728
9729 [
9730
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 [
9741
9742
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 [
9792
9793
9794
9795 [
9796 [
9797
9798
9799
9800 [
9801
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[
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 [
9860
9861
9862
9863 [
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 [
9909
9910
9911
9912 [
9913 [
9914
9915
9916
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 [
9965
9966 [
9967
9968
9969
9970 [
9971
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 [
10035
10036
10037
10038 [
10039 [
10040
10041
10042
10043 [
10044
10045 [
10046
10047
10048
10049 [
10050
10051 [
10052
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; [
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 [
10102
10103
10104
10105 [
10106 [
10107
10108
10109
10110 [
10111
10112 [
10113
10114
10115
10116 [
10117
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 [
10179
10180
10181 [
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 [
10197
10198
10199
10200 [
10201 [
10202
10203
10204
10205 [
10206
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 [
10251
10252
10253 [
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 [
10273
10274
10275
10276 [
10277
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. [
10322
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 [
10356
10357
10358
10359 [
10360 [
10361
10362
10363
10364 [
10365
10366 [
10367
10368
10369
10370 [
10371
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 [
10398
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 [
10406 Subsection (4) shall be paid from the Indigent Inmate Trust Fund in Section 77-32-502 .
10407 [
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 [
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 [
10442
10443
10444
10445 [
10446 [
10447
10448
10449
10450 [
10451
10452 [
10453
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 [
10491
10492
10493 [
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 [
10530
10531
10532
10533 [
10534
10535 [
10536
10537
10538
10539 [
10540
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 [
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 [
10632
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 [
10691
10692
10693
10694 [
10695
10696 [
10697
10698
10699
10700 [
10701
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 [
10729
10730
10731
10732 [
10733
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 [
10762
10763
10764
10765 [
10766
10767 [
10768
10769
10770
10771 [
10772
10773 [
10774
10775
10776
10777 [
10778
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 .
[Bill Documents][Bills Directory]