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H.B. 27

             1     

PER DIEM AND TRAVEL EXPENSE

             2     
MODIFICATIONS

             3     
2010 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Craig A. Frank

             6     
Senate Sponsor: Peter C. Knudson

             7     
             8      LONG TITLE
             9      Committee Note:
             10          The Government Operations and Political Subdivisions Interim Committee
             11      recommended this bill.
             12      General Description:
             13          This bill modifies per diem and travel expense language used for boards, commissions,
             14      councils, and committees.
             15      Highlighted Provisions:
             16          This bill:
             17          .    replaces language used to describe per diem and travel expenses for members of
             18      boards, commissions, councils, and committees with standardized language
             19      referencing primary provisions for per diem and travel expenses; and
             20          .    makes technical changes.
             21      Monies Appropriated in this Bill:
             22          None
             23      Other Special Clauses:
             24          None
             25      Utah Code Sections Affected:
             26      AMENDS:
             27          4-2-7, as last amended by Laws of Utah 2005, Chapter 175


             28          4-2-8, as last amended by Laws of Utah 1993, Chapter 212
             29          4-14-10, as last amended by Laws of Utah 1997, Chapter 82
             30          4-17-3.5, as last amended by Laws of Utah 1997, Chapter 82
             31          4-18-4, as last amended by Laws of Utah 2008, Chapter 156
             32          4-20-1.5, as last amended by Laws of Utah 2008, Chapters 360 and 382
             33          4-22-3, as last amended by Laws of Utah 1996, Chapter 243
             34          4-23-4, as last amended by Laws of Utah 1996, Chapter 243
             35          4-24-4, as last amended by Laws of Utah 1996, Chapter 243
             36          4-30-2, as last amended by Laws of Utah 1999, Chapter 298
             37          4-35-3, as last amended by Laws of Utah 1996, Chapter 243
             38          4-37-503, as last amended by Laws of Utah 2008, Chapter 69
             39          4-37-602, as last amended by Laws of Utah 2008, Chapter 382
             40          4-38-3, as last amended by Laws of Utah 1997, Chapter 82
             41          4-39-104, as enacted by Laws of Utah 1997, Chapter 302
             42          7-1-203, as last amended by Laws of Utah 2006, Chapter 14
             43          7-3-40, as enacted by Laws of Utah 2000, Chapter 260
             44          7-9-43, as last amended by Laws of Utah 1996, Chapter 243
             45          9-1-803, as last amended by Laws of Utah 2009, Chapter 59
             46          9-3-403, as last amended by Laws of Utah 2009, Chapter 356
             47          9-4-304, as last amended by Laws of Utah 2005, Chapters 130 and 148
             48          9-4-503, as last amended by Laws of Utah 2005, Chapter 170
             49          9-4-703, as last amended by Laws of Utah 2006, Chapter 14
             50          9-4-801, as last amended by Laws of Utah 2005, Chapter 148
             51          9-4-904, as last amended by Laws of Utah 2006, Chapter 23
             52          9-6-204, as last amended by Laws of Utah 2002, Chapter 176
             53          9-6-305, as last amended by Laws of Utah 1996, Chapter 243
             54          9-6-604, as renumbered and amended by Laws of Utah 2006, Chapter 24
             55          9-6-704, as enacted by Laws of Utah 2006, Chapter 229
             56          9-7-204, as last amended by Laws of Utah 1996, Chapters 194 and 243
             57          9-8-204, as last amended by Laws of Utah 2002, Chapter 176
             58          9-9-104.5, as last amended by Laws of Utah 2006, Chapters 14 and 118


             59          9-9-104.6, as last amended by Laws of Utah 2006, Chapter 118
             60          9-9-405, as last amended by Laws of Utah 2008, Chapter 114
             61          9-10-103, as last amended by Laws of Utah 1996, Chapter 243
             62          9-11-105, as last amended by Laws of Utah 2008, Chapters 202 and 382
             63          10-6-153, as last amended by Laws of Utah 2003, Chapter 292
             64          11-38-201, as last amended by Laws of Utah 2005, Chapter 138
             65          13-14-103, as last amended by Laws of Utah 2008, Chapter 362
             66          13-35-103, as last amended by Laws of Utah 2005, Chapter 268
             67          13-43-202, as enacted by Laws of Utah 2006, Chapter 258
             68          17-36-5, as last amended by Laws of Utah 1996, Chapters 212 and 243
             69          17B-1-307, as renumbered and amended by Laws of Utah 2007, Chapter 329
             70          19-2-103, as last amended by Laws of Utah 2009, Chapter 356
             71          19-2-109.2, as last amended by Laws of Utah 1996, Chapter 243
             72          19-3-103, as last amended by Laws of Utah 2002, Chapters 176 and 297
             73          19-4-103, as last amended by Laws of Utah 2008, Chapter 250
             74          19-5-103, as last amended by Laws of Utah 2008, Chapters 250 and 336
             75          19-6-103, as last amended by Laws of Utah 2002, Chapter 176
             76          19-9-104, as last amended by Laws of Utah 2005, Chapter 148
             77          20A-5-402.7, as enacted by Laws of Utah 2005, First Special Session, Chapter 5
             78          23-14-2, as last amended by Laws of Utah 2009, Chapter 344
             79          23-14-2.6, as last amended by Laws of Utah 1997, Chapter 276
             80          26-1-7.5, as last amended by Laws of Utah 2009, Chapter 75
             81          26-8a-103, as last amended by Laws of Utah 2001, Chapter 228
             82          26-9f-103, as last amended by Laws of Utah 2009, Chapter 75
             83          26-10-6, as last amended by Laws of Utah 1998, Chapter 162
             84          26-18-102, as last amended by Laws of Utah 1996, Chapter 243
             85          26-18a-2, as last amended by Laws of Utah 2009, Chapter 75
             86          26-21-4, as repealed and reenacted by Laws of Utah 1996, Chapter 243
             87          26-33a-103, as last amended by Laws of Utah 2006, Chapter 14
             88          26-40-104, as last amended by Laws of Utah 2001, Chapters 53 and 116
             89          26-46-103, as last amended by Laws of Utah 2009, Chapter 97


             90          26-50-202, as last amended by Laws of Utah 2009, Chapter 75
             91          31A-2-403, as last amended by Laws of Utah 2008, Chapter 345
             92          31A-29-104, as last amended by Laws of Utah 2007, Chapter 40
             93          31A-35-201, as last amended by Laws of Utah 2007, Chapter 307
             94          32A-1-106, as last amended by Laws of Utah 2007, Chapter 284
             95          34-20-3, as last amended by Laws of Utah 2002, Chapter 176
             96          34A-2-107, as last amended by Laws of Utah 2009, Chapter 85
             97          34A-5-105, as last amended by Laws of Utah 2003, Chapter 65
             98          34A-6-106, as last amended by Laws of Utah 2002, Chapter 104
             99          35A-1-205, as last amended by Laws of Utah 2006, Chapter 139
             100          35A-1-206, as last amended by Laws of Utah 2005, Chapter 148
             101          35A-2-103, as last amended by Laws of Utah 2002, Chapter 58
             102          35A-3-205, as last amended by Laws of Utah 2005, Chapters 81 and 148
             103          35A-4-502, as last amended by Laws of Utah 2008, Chapter 382
             104          36-2-4, as last amended by Laws of Utah 2003, Chapter 16
             105          36-23-104, as last amended by Laws of Utah 2008, Chapter 218
             106          36-26-102, as last amended by Laws of Utah 2007, Chapter 306
             107          39-2-1, as last amended by Laws of Utah 1997, Chapter 10
             108          40-2-203, as enacted by Laws of Utah 2008, Chapter 113
             109          40-2-204, as renumbered and amended by Laws of Utah 2008, Chapter 113
             110          40-6-4, as last amended by Laws of Utah 2009, Chapter 344
             111          41-3-106, as last amended by Laws of Utah 1996, Chapter 243
             112          49-11-202, as last amended by Laws of Utah 2003, Chapter 240
             113          51-7-16, as last amended by Laws of Utah 2002, Chapter 176
             114          51-7a-301, as enacted by Laws of Utah 2006, Chapter 277
             115          53-2-108, as last amended by Laws of Utah 2007, Chapter 66
             116          53-3-303, as last amended by Laws of Utah 2001, Chapter 85
             117          53-3-908, as last amended by Laws of Utah 1996, Chapter 243
             118          53-5-703, as last amended by Laws of Utah 1997, Chapters 10 and 280
             119          53-6-106, as last amended by Laws of Utah 2003, Chapter 292
             120          53-7-203, as last amended by Laws of Utah 2001, Chapter 25


             121          53-7-304, as last amended by Laws of Utah 2001, Chapter 25
             122          53-8-203, as last amended by Laws of Utah 2008, Chapter 251
             123          53-9-104, as last amended by Laws of Utah 1998, Chapter 212
             124          53-11-104, as enacted by Laws of Utah 1998, Chapter 257
             125          53A-1-202, as last amended by Laws of Utah 1997, Chapter 314
             126          53A-1a-501.5, as enacted by Laws of Utah 2004, Chapter 251
             127          53A-1a-602, as last amended by Laws of Utah 2008, Chapter 382
             128          53A-6-802, as enacted by Laws of Utah 2008, Chapter 144
             129          53A-20b-103, as enacted by Laws of Utah 2007, Chapter 167
             130          53A-25b-203, as enacted by Laws of Utah 2009, Chapter 294
             131          53B-1-104, as last amended by Laws of Utah 2009, Chapter 346
             132          53B-2-104, as last amended by Laws of Utah 2007, Chapter 356
             133          53B-2a-103, as last amended by Laws of Utah 2009, Chapter 346
             134          53B-2a-109, as last amended by Laws of Utah 2009, Chapter 346
             135          53B-6-105.5, as last amended by Laws of Utah 2009, Chapter 210
             136          53B-17-102, as last amended by Laws of Utah 2006, Chapter 150
             137          53B-17-803, as enacted by Laws of Utah 2007, Chapter 232
             138          53C-1-203, as last amended by Laws of Utah 2000, Chapter 237
             139          54-8a-13, as enacted by Laws of Utah 2008, Chapter 344
             140          54-10a-202, as renumbered and amended by Laws of Utah 2009, Chapter 237
             141          54-14-301, as last amended by Laws of Utah 2007, Chapter 242
             142          58-1-201, as last amended by Laws of Utah 1997, Chapter 10
             143          58-1-402, as last amended by Laws of Utah 2008, Chapter 382
             144          58-54-3, as last amended by Laws of Utah 1996, Chapters 232 and 243
             145          58-55-103, as last amended by Laws of Utah 2009, Chapter 183
             146          58-56-5, as last amended by Laws of Utah 2009, Chapter 339
             147          59-1-905, as last amended by Laws of Utah 1996, Chapter 243
             148          61-1-18.5, as last amended by Laws of Utah 2009, Chapter 351
             149          61-2-5.5, as last amended by Laws of Utah 2008, Chapter 387
             150          61-2b-7, as last amended by Laws of Utah 2007, Chapter 325
             151          61-2c-104, as last amended by Laws of Utah 2009, Chapters 352 and 372


             152          62A-1-107, as last amended by Laws of Utah 2009, Chapter 75
             153          62A-3-107, as last amended by Laws of Utah 2009, Chapter 75
             154          62A-4a-311, as last amended by Laws of Utah 2009, Chapter 75
             155          62A-5a-103, as last amended by Laws of Utah 2002, Fifth Special Session, Chapter 8
             156          62A-7-501, as renumbered and amended by Laws of Utah 2005, Chapter 13
             157          62A-15-605, as last amended by Laws of Utah 2003, Chapter 171
             158          63A-3-403, as last amended by Laws of Utah 2009, Chapter 310
             159          63A-5-101, as last amended by Laws of Utah 2003, Chapter 16
             160          63A-9-301, as last amended by Laws of Utah 2003, Chapter 5
             161          63B-1-201, as last amended by Laws of Utah 1996, Chapter 243
             162          63B-1-304, as renumbered and amended by Laws of Utah 2003, Chapter 86
             163          63C-4-101, as last amended by Laws of Utah 2009, Chapter 121
             164          63C-6-103, as last amended by Laws of Utah 1996, Chapter 243
             165          63C-8-103, as enacted by Laws of Utah 1997, Chapter 202
             166          63C-9-202, as last amended by Laws of Utah 2006, Chapter 256
             167          63C-9-702, as last amended by Laws of Utah 2003, Chapter 66
             168          63C-10-102, as last amended by Laws of Utah 2008, Chapter 33
             169          63C-11-201, as repealed and reenacted by Laws of Utah 2009, Chapter 369
             170          63F-1-202, as enacted by Laws of Utah 2005, Chapter 169
             171          63G-2-501, as renumbered and amended by Laws of Utah 2008, Chapter 382
             172          63G-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 382
             173          63G-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
             174          63G-6-807, as renumbered and amended by Laws of Utah 2008, Chapter 382
             175          63H-2-202, as enacted by Laws of Utah 2009, Chapter 378
             176          63I-4-201, as renumbered and amended by Laws of Utah 2008, Chapter 147
             177          63J-4-502, as last amended by Laws of Utah 2009, Chapter 344
             178          63K-3-201, as last amended by Laws of Utah 2009, Chapter 65
             179          63K-3-301, as renumbered and amended by Laws of Utah 2008, Chapter 382
             180          63M-1-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
             181          63M-1-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
             182          63M-1-1205, as last amended by Laws of Utah 2008, Chapter 18 and renumbered and


             183      amended by Laws of Utah 2008, Chapter 382
             184          63M-1-1402, as renumbered and amended by Laws of Utah 2008, Chapter 382
             185          63M-1-1503, as renumbered and amended by Laws of Utah 2008, Chapter 382
             186          63M-1-2611, as enacted by Laws of Utah 2008, Chapter 352
             187          63M-1-2706, as enacted by Laws of Utah 2008, Chapter 50
             188          63M-2-301, as last amended by Laws of Utah 2009, Chapter 242
             189          63M-2-303, as renumbered and amended by Laws of Utah 2008, Chapter 382
             190          63M-7-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
             191          63M-7-304, as last amended by Laws of Utah 2008, Chapter 31 and renumbered and
             192      amended by Laws of Utah 2008, Chapter 382
             193          63M-7-405, as renumbered and amended by Laws of Utah 2008, Chapter 382
             194          63M-7-504, as last amended by Laws of Utah 2008, Chapter 339 and renumbered and
             195      amended by Laws of Utah 2008, Chapter 382
             196          63M-8-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
             197          63M-9-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
             198          63M-9-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
             199          65A-1-3, as last amended by Laws of Utah 2009, Chapter 344
             200          65A-8-306, as renumbered and amended by Laws of Utah 2007, Chapter 136
             201          67-1-8.1, as last amended by Laws of Utah 1996, Chapter 243
             202          67-1a-10, as enacted by Laws of Utah 2006, Chapter 142
             203          67-5a-8, as last amended by Laws of Utah 2008, Chapter 382
             204          67-8-4, as last amended by Laws of Utah 2007, Chapter 34
             205          67-19a-201, as last amended by Laws of Utah 1996, Chapters 194 and 243
             206          67-19d-202, as enacted by Laws of Utah 2007, Chapter 99
             207          68-4-5, as last amended by Laws of Utah 2007, Chapter 91
             208          68-4-9, as last amended by Laws of Utah 2007, Chapter 91
             209          71-7-4, as last amended by Laws of Utah 2007, Chapter 173
             210          71-8-4, as last amended by Laws of Utah 2007, Chapter 173
             211          71-11-7, as last amended by Laws of Utah 2007, Chapter 173
             212          72-1-301, as last amended by Laws of Utah 2009, Chapter 364
             213          72-4-302, as last amended by Laws of Utah 2009, Chapter 393


             214          72-6-115, as last amended by Laws of Utah 2001, Chapter 27
             215          72-9-201, as renumbered and amended by Laws of Utah 1998, Chapter 270
             216          72-11-204, as last amended by Laws of Utah 2009, Chapter 344
             217          73-10-2, as last amended by Laws of Utah 2009, Chapter 344
             218          73-10c-3, as last amended by Laws of Utah 2005, Chapter 148
             219          73-16-4, as last amended by Laws of Utah 1983, Chapter 320
             220          77-27-2, as last amended by Laws of Utah 2002, Chapter 176
             221          77-32-401, as last amended by Laws of Utah 2000, Chapter 1
             222          77-32-401.5, as last amended by Laws of Utah 2004, Chapter 90
             223          78A-2-502, as renumbered and amended by Laws of Utah 2008, Chapter 3
             224          78A-6-1208, as renumbered and amended by Laws of Utah 2008, Chapter 3
             225          78A-12-202, as enacted by Laws of Utah 2008, Chapter 248
             226          78B-3-416, as renumbered and amended by Laws of Utah 2008, Chapter 3
             227          79-3-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
             228          79-4-302, as renumbered and amended by Laws of Utah 2009, Chapter 344
             229          79-5-202, as renumbered and amended by Laws of Utah 2009, Chapter 344
             230      REPEALS AND REENACTS:
             231          26-39-202, as enacted by Laws of Utah 2008, Chapter 111
             232          63C-12-105, as enacted by Laws of Utah 2009, Chapter 262
             233          63I-3-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
             234          63M-7-207, as renumbered and amended by Laws of Utah 2008, Chapter 382
             235          63M-7-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
             236          63M-11-206, as renumbered and amended by Laws of Utah 2008, Chapter 382
             237          67-5a-3, as repealed and reenacted by Laws of Utah 1996, Chapter 243
             238          78A-10-205, as enacted by Laws of Utah 2008, Chapter 3
             239          78A-10-305, as enacted by Laws of Utah 2008, Chapter 3
             240          78A-11-104, as enacted by Laws of Utah 2008, Chapter 3
             241          78B-12-403, as enacted by Laws of Utah 2008, Chapter 3
             242     
             243      Be it enacted by the Legislature of the state of Utah:
             244          Section 1. Section 4-2-7 is amended to read:


             245           4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility --
             246      Terms of office -- Compensation.
             247          (1) There is created the Agricultural Advisory Board composed of 13 members
             248      representing each of the following:
             249          (a) Utah Farm Bureau Federation;
             250          (b) Utah Farmers Union;
             251          (c) Utah Cattlemen's Association;
             252          (d) Utah Wool Growers' Association;
             253          (e) Utah Dairymen's Association;
             254          (f) Utah Pork Producer's Association;
             255          (g) Utah Veterinary Medical Association;
             256          (h) Livestock Auction Marketing Association;
             257          (i) Utah Association of Conservation Districts;
             258          (j) the Utah horse industry;
             259          (k) the food processing industry;
             260          (l) manufacturers of food supplements; and
             261          (m) a consumer affairs group.
             262          (2) The Agricultural Advisory Board shall advise the commissioner regarding the
             263      planning, implementation, and administration of the department's programs.
             264          (3) (a) Except as required by Subsection (3)(c), members are appointed by the
             265      commissioner to four-year terms of office.
             266          (b) Representatives of the organizations cited in Subsections (1)(a) through [(1)] (h)
             267      shall be appointed to the Agricultural Advisory Board by the commissioner from a list of
             268      nominees submitted by each organization.
             269          (c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
             270      the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             271      board members are staggered so that approximately half of the board is appointed every two
             272      years.
             273          (d) Members may be removed at the discretion of the commissioner upon the request
             274      of the group they represent.
             275          (e) When a vacancy occurs in the membership for any reason, the replacement shall be


             276      appointed for the unexpired term.
             277          (4) The board shall elect one member to serve as chair of the Agricultural Advisory
             278      Board for a term of one year.
             279          (5) (a) The board shall meet four times annually, but may meet more often at the
             280      discretion of the chair.
             281          (b) Attendance of seven members at a duly called meeting constitutes a quorum for the
             282      transaction of official business.
             283          [(6) (a) Members shall receive no compensation or benefits for their services, but may
             284      receive per diem and expenses incurred in the performance of the member's official duties at
             285      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             286          [(b) Members may decline to receive per diem and expenses for their service.]
             287          (6) A member may not receive compensation or benefits for the member's service, but
             288      may receive per diem and travel expenses in accordance with:
             289          (a) Section 63A-3-106 ;
             290          (b) Section 63A-3-107 ; and
             291          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             292      63A-3-107 .
             293          Section 2. Section 4-2-8 is amended to read:
             294           4-2-8. Temporary advisory committees -- Appointment -- Compensation.
             295          (1) The commissioner may request the governor to appoint other advisory committees
             296      on a temporary basis to offer technical advice to the department. [Members of any such]
             297          (2) A member of a committee [shall serve] serves at the pleasure of the commissioner
             298      [and be compensated at the rates established by the director of the Division of Finance under
             299      Sections 63A-3-106 and 63A-3-107 ].
             300          (3) A member may not receive compensation or benefits for the member's service, but
             301      may receive per diem and travel expenses in accordance with:
             302          (a) Section 63A-3-106 ;
             303          (b) Section 63A-3-107 ; and
             304          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             305      63A-3-107 .
             306          Section 3. Section 4-14-10 is amended to read:


             307           4-14-10. Pesticide Committee created -- Composition -- Terms -- Compensation --
             308      Duties.
             309          (1) There is created a Pesticide Committee comprising nine persons appointed by the
             310      governor to four-year terms of office, one member from each of the following state agencies
             311      and organizations:
             312          (a) Utah State Agricultural Extension Service;
             313          (b) Department of Agriculture and Food;
             314          (c) Department of Health;
             315          (d) Division of Wildlife Resources;
             316          (e) Department of Environmental Quality;
             317          (f) Utah Pest Control Association;
             318          (g) agricultural chemical industry;
             319          (h) Utah Farmers Union; and
             320          (i) Utah Farm Bureau Federation.
             321          (2) Notwithstanding the requirements of Subsection (1), the governor shall, at the time
             322      of appointment or reappointment, adjust the length of terms to ensure that the terms of
             323      committee members are staggered so that approximately half of the committee is appointed
             324      every two years.
             325          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             326      appointed for the unexpired term.
             327          (4) The committee shall elect one of its members to serve as chair. The chair is
             328      responsible for the call and conduct of meetings of the Pesticide Committee.
             329          (5) Attendance of a simple majority of the members constitutes a quorum for the
             330      transaction of official business.
             331          [(6) (a) (i) Members who are not government employees shall receive no compensation
             332      or benefits for their services, but may receive per diem and expenses incurred in the
             333      performance of the member's official duties at the rates established by the Division of Finance
             334      under Sections 63A-3-106 and 63A-3-107 .]
             335          [(ii) Members may decline to receive per diem and expenses for their service.]
             336          [(b) (i) State government officer and employee members who do not receive salary, per
             337      diem, or expenses from their agency for their service may receive per diem and expenses


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


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


             400          [(ii) Higher education members may decline to receive per diem and expenses for their
             401      service.]
             402          [(d) (i) Local government members who do not receive salary, per diem, or expenses
             403      from the entity that they represent for their service may receive per diem and expenses incurred
             404      in the performance of their official duties at the rates established by the Division of Finance
             405      under Sections 63A-3-106 and 63A-3-107 .]
             406          [(ii) Local government members may decline to receive per diem and expenses for
             407      their service.]
             408          (6) A member may not receive compensation or benefits for the member's service, but
             409      may receive per diem and travel expenses in accordance with:
             410          (a) Section 63A-3-106 ;
             411          (b) Section 63A-3-107 ; and
             412          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             413      63A-3-107 .
             414          Section 5. Section 4-18-4 is amended to read:
             415           4-18-4. Conservation Commission created -- Composition -- Appointment --
             416      Terms -- Compensation -- Attorney general to provide legal assistance.
             417          (1) There is created within the department the Conservation Commission to perform
             418      the functions specified in this chapter.
             419          (2) The Conservation Commission shall be comprised of 16 members, including:
             420          (a) the director of the Extension Service at Utah State University or the director's
             421      designee;
             422          (b) the president of the Utah Association of Conservation Districts or the president's
             423      designee;
             424          (c) the commissioner or the commissioner's designee;
             425          (d) the executive director of the Department of Natural Resources or the executive
             426      director's designee;
             427          (e) the executive director of the Department of Environmental Quality or the executive
             428      director's designee;
             429          (f) the chair and the vice chair of the State Grazing Advisory Board created in Section
             430      4-20-1.5 ;


             431          (g) the president of the County Weed Supervisors Association;
             432          (h) seven district supervisors who provide district representation on the commission on
             433      a multicounty basis; and
             434          (i) the director of the School and Institutional Trust Lands Administration or the
             435      director's designee.
             436          (3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
             437      place of the district supervisor for that meeting.
             438          (4) The members of the commission specified in Subsection (2)(h) shall:
             439          (a) be recommended by the commission to the governor; and
             440          (b) be appointed by the governor with the consent of the Senate.
             441          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
             442      members expire, the governor shall appoint each new member or reappointed member to a
             443      four-year term.
             444          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             445      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             446      commission members are staggered so that approximately half of the commission is appointed
             447      every two years.
             448          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             449      appointed for the unexpired term.
             450          (7) The commissioner is chair of the commission.
             451          (8) Attendance of a majority of the commission members at a meeting constitutes a
             452      quorum.
             453          [(9) (a) (i) A member who is not a government employee may not receive
             454      compensation or benefits for the member's service, but may receive per diem and expenses
             455      incurred in the performance of the member's official duties at the rates established by the
             456      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             457          [(ii) A member may decline to receive per diem and expenses for the member's
             458      service.]
             459          [(b) (i) A state government officer and employee member who does not receive salary,
             460      per diem, or expenses from the agency the member represents for the member's service may
             461      receive per diem and expenses incurred in the performance of the member's official duties at


             462      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             463          [(ii) A state government officer and employee member may decline to receive per diem
             464      and expenses for the member's service.]
             465          [(c) (i) A higher education member who does not receive salary, per diem, or expenses
             466      from the entity that the member represents for the member's service may receive per diem and
             467      expenses incurred in the performance of the member's official duties from the committee at the
             468      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             469          [(ii) A higher education member may decline to receive per diem and expenses for the
             470      member's service.]
             471          [(d) (i) A local government member who does not receive salary, per diem, or expenses
             472      from the entity that the member represents for the member's service may receive per diem and
             473      expenses incurred in the performance of the member's official duties at the rates established by
             474      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             475          [(ii) A local government member may decline to receive per diem and expenses for the
             476      member's service.]
             477          (9) A member may not receive compensation or benefits for the member's service, but
             478      may receive per diem and travel expenses in accordance with:
             479          (a) Section 63A-3-106 ;
             480          (b) Section 63A-3-107 ; and
             481          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             482      63A-3-107 .
             483          (10) The commission shall keep a record of its actions.
             484          (11) The attorney general shall provide legal services to the commission upon request.
             485          Section 6. Section 4-20-1.5 is amended to read:
             486           4-20-1.5. State Grazing Advisory Board -- Duties.
             487          (1) (a) There is created within the department the State Grazing Advisory Board.
             488          (b) The commissioner shall appoint the following members:
             489          (i) one member from each regional board;
             490          (ii) one member from the Conservation Commission created in Section 4-18-4 ;
             491          (iii) one representative of the Department of Natural Resources;
             492          (iv) two livestock producers at-large; and


             493          (v) one representative of the oil, gas, or mining industry.
             494          (2) The term of office for a state board member is four years.
             495          (3) Members of the state board shall elect a chair, who shall serve for two years.
             496          [(4) (a) (i) A member who is not a government employee may not receive
             497      compensation or benefits for the member's service, but may receive per diem and expenses
             498      incurred in the performance of the member's official duties at the rates established by the
             499      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             500          [(ii) A member may decline to receive per diem and expenses for the member's
             501      service.]
             502          [(b) (i) A state government officer and employee member who does not receive salary,
             503      per diem, or expenses from the agency the member represents for the member's service may
             504      receive per diem and expenses incurred in the performance of the member's official duties at
             505      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             506          [(ii) A state government officer and employee member may decline to receive per diem
             507      and expenses for the member's service.]
             508          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             509      from the entity that the member represents for the member's service may receive per diem and
             510      expenses incurred in the performance of the member's official duties at the rates established by
             511      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             512          [(ii) A local government member may decline to receive per diem and expenses for the
             513      member's service.]
             514          (4) A member may not receive compensation or benefits for the member's service, but
             515      may receive per diem and travel expenses in accordance with:
             516          (a) Section 63A-3-106 ;
             517          (b) Section 63A-3-107 ; and
             518          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             519      63A-3-107 .
             520          (5) The state board shall:
             521          (a) receive:
             522          (i) advice and recommendations from a regional board concerning:
             523          (A) management plans for public lands, state lands, and school and institutional trust


             524      lands as defined in Section 53C-1-103 , within the regional board's region; and
             525          (B) any issue that impacts grazing on private lands, public lands, state lands, or school
             526      and institutional trust lands as defined in Section 53C-1-103 , in its region; and
             527          (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
             528      through (iv);
             529          (b) recommend state policy positions and cooperative agency participation in federal
             530      and state land management plans to the department and to the Public Lands Policy
             531      Coordinating Office created under Section 63J-4-602 ; and
             532          (c) advise the department on the requests and recommendations of:
             533          (i) regional boards;
             534          (ii) county weed control boards created under Section 4-17-4 ;
             535          (iii) cooperative weed management associations; and
             536          (iv) conservation districts created under the authority of Title 17D, Chapter 3,
             537      Conservation District Act.
             538          Section 7. Section 4-22-3 is amended to read:
             539           4-22-3. Commission -- Organization -- Quorum to transact business -- Vacancies
             540      -- Ineligibility to serve -- Compensation.
             541          (1) The members of the commission shall elect a chair, vice chair, and secretary from
             542      among their number.
             543          (2) Attendance of a simple majority of the commission members at a called meeting
             544      shall constitute a quorum for the transaction of official business.
             545          (3) The commission shall meet:
             546          (a) at the time and place designated by the chair; and
             547          (b) no less often than once every three months.
             548          (4) Vacancies which occur on the commission for any reason shall be filled for the
             549      unexpired term of the vacated member by appointment of a majority of the remaining
             550      members.
             551          (5) If a member moves from the district that he represents or ceases to act as a producer
             552      during his term of office, he must resign from the commission within 30 days after moving
             553      from the district or ceasing production.
             554          [(6) (a) (i) Members who are not government employees shall receive no compensation


             555      or benefits for their services, but may receive per diem and expenses incurred in the
             556      performance of the member's official duties at the rates established by the Division of Finance
             557      under Sections 63A-3-106 and 63A-3-107 .]
             558          [(ii) Members may decline to receive per diem and expenses for their service.]
             559          [(b) (i) State government officer and employee members who do not receive salary, per
             560      diem, or expenses from their agency for their service may receive per diem and expenses
             561      incurred in the performance of their official duties from the commission at the rates established
             562      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             563          [(ii) State government officer and employee members may decline to receive per diem
             564      and expenses for their service.]
             565          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             566      from the entity that they represent for their service may receive per diem and expenses incurred
             567      in the performance of their official duties from the committee at the rates established by the
             568      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             569          [(ii) Higher education members may decline to receive per diem and expenses for their
             570      service.]
             571          (6) A member may not receive compensation or benefits for the member's service, but
             572      may receive per diem and travel expenses in accordance with:
             573          (a) Section 63A-3-106 ;
             574          (b) Section 63A-3-107 ; and
             575          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             576      63A-3-107 .
             577          Section 8. Section 4-23-4 is amended to read:
             578           4-23-4. Agricultural and Wildlife Damage Prevention Board created --
             579      Composition -- Appointment -- Terms -- Vacancies -- Compensation.
             580          (1) There is created an Agricultural and Wildlife Damage Prevention Board composed
             581      of the commissioner and the director of the Division of Wildlife Resources, who shall serve,
             582      respectively, as the board's chair and vice chair, together with seven other members appointed
             583      by the governor to four-year terms of office as follows:
             584          (a) one sheep producer representing wool growers of the state;
             585          (b) one cattle producer representing range cattle producers of the state;


             586          (c) one person from the United States Department of Agriculture;
             587          (d) one agricultural landowner representing agricultural landowners of the state;
             588          (e) one person representing wildlife interests in the state;
             589          (f) one person from the United States Forest Service; and
             590          (g) one person from the United States Bureau of Land Management.
             591          (2) Appointees' term of office shall commence June 1.
             592          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             593      expire, the governor shall appoint each new member or reappointed member to a four-year
             594      term.
             595          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             596      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             597      board members are staggered so that approximately half of the board is appointed every two
             598      years.
             599          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             600      appointed for the unexpired term.
             601          (5) Attendance of five members at a duly called meeting shall constitute a quorum for
             602      the transaction of official business. The board shall convene at the times and places prescribed
             603      by the chair or vice chair.
             604          [(6) (a) (i) Members who are not government employees shall receive no compensation
             605      or benefits for their services, but may receive per diem and expenses incurred in the
             606      performance of the member's official duties at the rates established by the Division of Finance
             607      under Sections 63A-3-106 and 63A-3-107 .]
             608          [(ii) Members may decline to receive per diem and expenses for their service.]
             609          [(b) (i) State government officer and employee members who do not receive salary, per
             610      diem, or expenses from their agency for their service may receive per diem and expenses
             611      incurred in the performance of their official duties from the board at the rates established by the
             612      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             613          [(ii) State government officer and employee members may decline to receive per diem
             614      and expenses for their service.]
             615          (6) A member may not receive compensation or benefits for the member's service, but
             616      may receive per diem and travel expenses in accordance with:


             617          (a) Section 63A-3-106 ;
             618          (b) Section 63A-3-107 ; and
             619          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             620      63A-3-107 .
             621          Section 9. Section 4-24-4 is amended to read:
             622           4-24-4. Livestock Brand Board created -- Composition -- Terms -- Removal --
             623      Quorum for transaction of business -- Compensation -- Duties.
             624          (1) There is created the Livestock Brand Board consisting of seven members appointed
             625      by the governor as follows:
             626          (a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
             627      whom shall be a feeder operator;
             628          (b) one dairyman recommended by the Utah Dairymen's Association;
             629          (c) one livestock market operator recommended jointly by the Utah Cattlemen's
             630      Association and the Utah Dairymen's Association and the Livestock Market Association; and
             631          (d) one horse breeder recommended by the Utah Horse Council.
             632          (2) If a nominee is rejected by the governor, the recommending association shall
             633      submit another nominee.
             634          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             635      expire, the governor shall appoint each new member or reappointed member to a four-year
             636      term.
             637          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             638      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             639      board members are staggered so that approximately half of the board is appointed every two
             640      years.
             641          (4) (a) A member may, at the discretion of the governor, be removed at the request of
             642      the association that recommended the appointment.
             643          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             644      appointed for the unexpired term.
             645          (5) One member elected by the board shall serve as chair for a term of one year and be
             646      responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
             647      a simple majority of the members at a duly called meeting shall constitute a quorum for the


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


             679      association or group which recommended the member's appointment.
             680          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             681      appointed for the unexpired term.
             682          (5) The Livestock Market Committee shall elect a chair from its membership, who
             683      shall serve for a term of office of two years, but may be reelected for subsequent terms.
             684          (6) (a) The chair is responsible for the call and conduct of meetings.
             685          (b) Four members constitute a quorum for the transaction of official business.
             686          [(7) (a) (i) Members who are not government employees shall receive no compensation
             687      or benefits for their services, but may receive per diem and expenses incurred in the
             688      performance of the member's official duties at the rates established by the Division of Finance
             689      under Sections 63A-3-106 and 63A-3-107 .]
             690          [(ii) Members may decline to receive per diem and expenses for their service.]
             691          [(b) (i) State government officer and employee members who do not receive salary, per
             692      diem, or expenses from their agency for their service may receive per diem and expenses
             693      incurred in the performance of their official duties from the committee at the rates established
             694      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             695          [(ii) State government officer and employee members may decline to receive per diem
             696      and expenses for their service.]
             697          (7) A member may not receive compensation or benefits for the member's service, but
             698      may receive per diem and travel expenses in accordance with:
             699          (a) Section 63A-3-106 ;
             700          (b) Section 63A-3-107 ; and
             701          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             702      63A-3-107 .
             703          (8) The Livestock Market Committee acts as advisor to the department with respect to
             704      the administration and enforcement of this chapter and makes recommendations necessary to
             705      carry out the intent of this chapter to the commissioner.
             706          Section 11. Section 4-35-3 is amended to read:
             707           4-35-3. Decision and Action Committee created -- Members -- How appointed --
             708      Duties of committee -- Per diem and expenses allowed.
             709          (1) (a) There is created the Decision and Action Committee which consists of not


             710      fewer than six members.
             711          (b) One member is the commissioner and one member is appointed to represent the
             712      department.
             713          (c) The remaining members of the committee are appointed by the commissioner on an
             714      ad hoc basis as necessary from persons directly affected by and involved in the current insect
             715      infestation emergency.
             716          (d) The committee is dissolved when the commissioner declares that the insect
             717      infestation emergency is over.
             718          (2) The committee shall:
             719          (a) establish a system of priorities for any insect infestation emergency; and
             720          (b) certify to the commissioner any area which requires the establishment of an insect
             721      control district in areas of infestation and in which a simple majority of the landowners and
             722      lessees whose total production exceeds 50% of the production in that area has agreed to pay
             723      proportionate shares of the costs of controlling the insects infesting the area.
             724          [(3) (a) (i) Members who are not government employees shall receive no compensation
             725      or benefits for their services, but may receive per diem and expenses incurred in the
             726      performance of the member's official duties at the rates established by the Division of Finance
             727      under Sections 63A-3-106 and 63A-3-107 .]
             728          [(ii) Members may decline to receive per diem and expenses for their service.]
             729          [(b) (i) State government officer and employee members who do not receive salary, per
             730      diem, or expenses from their agency for their service may receive per diem and expenses
             731      incurred in the performance of their official duties from the committee at the rates established
             732      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             733          [(ii) State government officer and employee members may decline to receive per diem
             734      and expenses for their service.]
             735          (3) A member may not receive compensation or benefits for the member's service, but
             736      may receive per diem and travel expenses in accordance with:
             737          (a) Section 63A-3-106 ;
             738          (b) Section 63A-3-107 ; and
             739          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             740      63A-3-107 .


             741          Section 12. Section 4-37-503 is amended to read:
             742           4-37-503. Fish Health Policy Board.
             743          (1) There is created within the department the Fish Health Policy Board which shall
             744      establish policies designed to prevent the outbreak of, control the spread of, and eradicate
             745      pathogens that cause disease in aquatic animals.
             746          (2) The Fish Health Policy Board shall:
             747          (a) in accordance with Subsection (6)(b), determine procedures and requirements for
             748      certifying a source of aquatic animals as health approved, including:
             749          (i) the pathogens for which inspection is required to receive health approval;
             750          (ii) the pathogens that may not be present to receive health approval; and
             751          (iii) standards and procedures required for the inspection of aquatic animals;
             752          (b) establish procedures for the timely reporting of the presence of a pathogen and
             753      disease threat;
             754          (c) create policies and procedures for, and appoint, an emergency response team to:
             755          (i) investigate a serious disease threat;
             756          (ii) develop and monitor a plan of action; and
             757          (iii) report to:
             758          (A) the commissioner of agriculture and food;
             759          (B) the director of the Division of Wildlife Resources; and
             760          (C) the chair of the Fish Health Policy Board; and
             761          (d) develop a unified statewide aquaculture disease control plan.
             762          (3) The Fish Health Policy Board shall advise the commissioner of agriculture and
             763      food and the executive director of the Department of Natural Resources regarding:
             764          (a) educational programs and information systems to educate and inform the public
             765      about practices that the public may employ to prevent the spread of disease; and
             766          (b) communication and interaction between the department and the Division of
             767      Wildlife Resources regarding fish health policies and procedures.
             768          (4) (a) (i) The governor shall appoint the following seven members to the Fish Health
             769      Policy Board:
             770          (A) one member from names submitted by the Department of Natural Resources;
             771          (B) one member from names submitted by the Department of Agriculture and Food;


             772          (C) one member from names submitted by a nonprofit corporation that promotes sport
             773      fishing;
             774          (D) one member from names submitted by a nonprofit corporation that promotes the
             775      aquaculture industry;
             776          (E) one member from names submitted by the Department of Natural Resources and
             777      the Department of Agriculture and Food;
             778          (F) one member from names submitted by a nonprofit corporation that promotes sport
             779      fishing; and
             780          (G) one member from names submitted by a nonprofit corporation that promotes the
             781      aquaculture industry.
             782          (ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
             783          (A) (I) faculty members of an institution of higher education; or
             784          (II) qualified professionals; and
             785          (B) have education and knowledge in:
             786          (I) fish pathology;
             787          (II) business;
             788          (III) ecology; or
             789          (IV) parasitology.
             790          (iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall
             791      have education and knowledge about fish pathology.
             792          (iv) (A) A nominating person shall submit at least three names to the governor.
             793          (B) If the governor rejects all the names submitted for a member, the recommending
             794      person shall submit additional names.
             795          (b) Except as required by Subsection (4)(c), the term of office of board members shall
             796      be four years.
             797          (c) Notwithstanding the requirements of Subsection (4)(b), the governor shall, at the
             798      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             799      board members are staggered so that approximately half of the board is appointed every two
             800      years.
             801          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             802      appointed for the unexpired term.


             803          (e) The board members shall elect a chair of the board from the board's membership.
             804          (f) The board shall meet upon the call of the chair or a majority of the board members.
             805          (g) An action of the board shall be adopted upon approval of the majority of voting
             806      members.
             807          [(5) (a) (i) A member who is not a government employee may not receive
             808      compensation or benefits for the member's service, but may receive per diem and expenses
             809      incurred in the performance of the member's official duties at the rates established by the
             810      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             811          [(ii) A member may decline to receive per diem and expenses for the member's
             812      service.]
             813          [(b) (i) A state government officer and employee member who does not receive salary,
             814      per diem, or expenses from the agency the member represents for the member's service may
             815      receive per diem and expenses incurred in the performance of the member's official duties at
             816      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             817          [(ii) A state government officer and employee member may decline to receive per diem
             818      and expenses for the member's service.]
             819          [(c) (i) A higher education member who does not receive salary, per diem, or expenses
             820      from the entity that the member represents for the member's service may receive per diem and
             821      expenses incurred in the performance of the member's official duties at the rates established by
             822      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             823          [(ii) A higher education member may decline to receive per diem and expenses for the
             824      member's service.]
             825          (5) A member may not receive compensation or benefits for the member's service, but
             826      may receive per diem and travel expenses in accordance with:
             827          (a) Section 63A-3-106 ;
             828          (b) Section 63A-3-107 ; and
             829          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             830      63A-3-107 .
             831          (6) (a) The board shall make rules consistent with its responsibilities and duties
             832      specified in this section.
             833          (b) Except as provided by this chapter, all rules adopted by the Fish Health Policy


             834      Board must be consistent with the suggested procedures for the detection and identification of
             835      pathogens published by the American Fisheries Society's Fish Health Section.
             836          (c) (i) Rules of the department and Fish Health Policy Board pertaining to the control
             837      of disease shall remain in effect until the Fish Health Policy Board enacts rules to replace those
             838      provisions.
             839          (ii) The Fish Health Policy Board shall promptly amend rules that are inconsistent with
             840      the current suggested procedures published by the American Fisheries Society.
             841          (d) The Fish Health Policy Board may waive a requirement established by the Fish
             842      Health Policy Board's rules if:
             843          (i) the rule specifies the waiver criteria and procedures; and
             844          (ii) the waiver will not threaten other aquaculture facilities or wild aquatic animal
             845      populations.
             846          Section 13. Section 4-37-602 is amended to read:
             847           4-37-602. Adjudicative proceedings -- Presiding officer.
             848          (1) Adjudicative proceedings under this chapter shall be conducted in accordance with
             849      Title 63G, Chapter 4, Administrative Procedures Act.
             850          (2) The revocation of an aquaculture facility's certificate of registration, the denial of
             851      an aquaculture facility's future certificate of registration, and a denial or cancellation of an
             852      aquaculture facility's health approval number is a state agency action governed by Title 63G,
             853      Chapter 4, Administrative Procedures Act.
             854          (3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
             855      as provided by Section 63G-4-301 , of an agency action specified in Subsection (2).
             856          (b) The presiding officer, as defined in Section 63G-4-103 , conducting the agency
             857      review shall consist of three members as follows:
             858          (i) the person representing sport fishermen, appointed under Subsection
             859      4-37-503 (4)(a)(i)(C);
             860          (ii) one person representing the aquaculture industry, appointed by the governor from
             861      names submitted by a nonprofit corporation, as defined in Section 16-6a-102 , that promotes the
             862      efficient production, distribution, and marketing of aquaculture products and the welfare of all
             863      persons engaged in aquaculture; and
             864          (iii) one person, appointed by the governor, who is knowledgeable about aquatic


             865      diseases and is employed by an institution of higher education.
             866          (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
             867      recommending nonprofit corporation shall submit additional names.
             868          (d) The final decision of the presiding officer shall be adopted upon approval of at least
             869      two of the members.
             870          (e) The term [and compensation] for the member listed in Subsection (3)(b)(i) shall be
             871      the same as provided in Section 4-37-503 .
             872          (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
             873      four years.
             874          [(g) (i) (A) A higher education member who does not receive salary, per diem, or
             875      expenses from the entity that the member represents for the member's service may receive per
             876      diem and expenses incurred in the performance of the member's official duties at the rates
             877      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             878          [(B) A higher education member may decline to receive per diem and expenses for the
             879      member's service.]
             880          [(ii) (A) A member who is not a government employee may not receive compensation
             881      or benefits for the member's service, but may receive per diem and expenses incurred in
             882      performance of the member's official duties at rates established by the Division of Finance
             883      under Sections 63A-3-106 and 63A-3-107 .]
             884          [(B) A member may decline to receive per diem and expenses for the member's
             885      service.]
             886          (4) A member may not receive compensation or benefits for the member's service, but
             887      may receive per diem and travel expenses in accordance with:
             888          (a) Section 63A-3-106 ;
             889          (b) Section 63A-3-107 ; and
             890          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             891      63A-3-107 .
             892          Section 14. Section 4-38-3 is amended to read:
             893           4-38-3. Utah Horse Racing Commission.
             894          (1) (a) There is created within the Department the Utah Horse Racing Commission.
             895          (b) (i) The commission shall consist of five members who shall be U.S. citizens, Utah


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


             927          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             928      63A-3-107 .
             929          [(3)] (4) All claims and expenditures made under this chapter shall be first audited and
             930      passed upon by the commission and when approved shall be paid in the manner provided by
             931      law for payment of claims against the state.
             932          [(4)] (5) Any member of the commission who has a personal or private interest in any
             933      matter proposed or pending before the commission shall publicly disclose this fact to the
             934      commission and may not vote on the matter.
             935          [(5)] (6) Any member of the commission who owns or who has any interest or whose
             936      spouse or member of his immediate family has any interest in a horse participating in a race
             937      shall disclose that interest and may not participate in any commission decision involving that
             938      race.
             939          Section 15. Section 4-39-104 is amended to read:
             940           4-39-104. Advisory council.
             941          (1) The department shall establish an advisory council to give advice and make
             942      recommendations on policies and rules adopted pursuant to this chapter.
             943          (2) The advisory council shall consist of eight members appointed by the commissioner
             944      of agriculture to four-year terms as follows:
             945          (a) two members, recommended by the executive director of the Department of Natural
             946      Resources, shall represent the Department of Natural Resources;
             947          (b) two members shall represent the Department of Agriculture, one of whom shall be
             948      the state veterinarian;
             949          (c) two members shall represent the livestock industry, one of whom shall represent the
             950      domesticated elk industry; and
             951          (d) two members, recommended by the executive director of the Department of Natural
             952      Resources from a list of candidates submitted by the Division of Wildlife Resources, shall
             953      represent wildlife interests.
             954          (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
             955      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             956      council members are staggered so that approximately half of the council is appointed every two
             957      years.


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


             989          (e) one representative of the general public who, as a result of education, training,
             990      experience, or interest, is well qualified to consider economic and financial issues and data as
             991      they may affect the public interest in the soundness of the financial systems of this state.
             992          (2) The commissioner shall act as chair.
             993          (3) (a) All members of the board shall be residents of this state.
             994          (b) No more than three members of the board may be from the same political party.
             995          (c) No more than two members of the board may be connected with the same financial
             996      institution or its holding company.
             997          (d) A member may not participate in any matter involving any institution with which
             998      the member has a conflict of interest.
             999          (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
             1000      each expiring on July 1.
             1001          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1002      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1003      board members are staggered so that approximately half of the board is appointed every two
             1004      years.
             1005          (c) All members serve until their respective successors are appointed and qualified.
             1006          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
             1007      appointed for the unexpired term.
             1008          (5) (a) The board shall meet at least quarterly on a date it sets.
             1009          (b) The commissioner or any two members of the board may call additional meetings.
             1010          (c) Four members constitute a quorum for the transaction of business.
             1011          (d) Actions of the board require a vote of a majority of those present.
             1012          (e) Meetings of the board and records of its proceedings are subject to Title 52, Chapter
             1013      4, Open and Public Meetings Act, except for discussion of confidential information pertaining
             1014      to a particular financial institution.
             1015          (6) (a) Each member of the board shall, by sworn or written statement filed with the
             1016      commissioner, disclose any position of employment or ownership interest that the member has
             1017      with respect to any institution subject to the jurisdiction of the department.
             1018          (b) The member shall:
             1019          (i) file the statement required by this Subsection (6) when first appointed to the board;


             1020      and
             1021          (ii) subsequently file amendments to the statement if there is any material change in the
             1022      matters covered by the statement.
             1023          [(7) (a) (i) Members who are not government employees shall receive no compensation
             1024      or benefits for their services, but may receive per diem and expenses incurred in the
             1025      performance of the member's official duties at the rates established by the Division of Finance
             1026      under Sections 63A-3-106 and 63A-3-107 .]
             1027          [(ii) Members may decline to receive per diem and expenses for their service.]
             1028          [(b) (i) State government officer and employee members who do not receive salary, per
             1029      diem, or expenses from their agency for their service may receive per diem and expenses
             1030      incurred in the performance of their official duties from the board at the rates established by the
             1031      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1032          [(ii) State government officer and employee members may decline to receive per diem
             1033      and expenses for their service.]
             1034          (7) A member may not receive compensation or benefits for the member's service, but
             1035      may receive per diem and travel expenses in accordance with:
             1036          (a) Section 63A-3-106 ;
             1037          (b) Section 63A-3-107 ; and
             1038          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1039      63A-3-107 .
             1040          (8) The board shall advise the commissioner with respect to:
             1041          (a) the exercise of the commissioner's duties, powers, and responsibilities under this
             1042      title; and
             1043          (b) the organization and performance of the department and its employees.
             1044          (9) The board shall recommend annually to the governor and the Legislature a budget
             1045      for the requirements of the department in carrying out its duties, functions, and responsibilities
             1046      under this title.
             1047          Section 17. Section 7-3-40 is amended to read:
             1048           7-3-40. Board of Bank Advisors.
             1049          (1) There is created a Board of Bank Advisors consisting of five members to be
             1050      appointed by the governor as follows:


             1051          (a) each member of the board shall be an individual who is familiar with and associated
             1052      with banks organized under this chapter; and
             1053          (b) at least three of the members of the board shall be individuals who:
             1054          (i) have had three or more years experience as a bank executive officer; and
             1055          (ii) are selected from a list submitted to the governor by an association in this state
             1056      representing commercial banks.
             1057          (2) (a) The board shall meet quarterly.
             1058          (b) Subject to Subsection (2)(a), meetings of the board shall be held on the call of the
             1059      chair.
             1060          (3) The members of the board shall elect the chair of the board each year from the
             1061      membership of the advisory board by a majority of the members present at the board's first
             1062      meeting each year.
             1063          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
             1064      expire, the governor shall appoint each new member or reappointed member to a four-year
             1065      term.
             1066          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1067      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1068      board members are staggered so that approximately half of the board is appointed every two
             1069      years.
             1070          (5) When a vacancy occurs in the membership of the board for any reason, the
             1071      replacement shall be appointed for the unexpired term.
             1072          (6) All members shall serve until their successors are appointed and qualified.
             1073          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1074      receive per diem and expenses incurred in the performance of the member's official duties at
             1075      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1076          [(b) Members may decline to receive per diem and expenses for their service.]
             1077          (7) A member may not receive compensation or benefits for the member's service, but
             1078      may receive per diem and travel expenses in accordance with:
             1079          (a) Section 63A-3-106 ;
             1080          (b) Section 63A-3-107 ; and
             1081          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and


             1082      63A-3-107 .
             1083          (8) A majority of the members of the board shall constitute a quorum.
             1084          (9) The board has the duty to advise the governor and commissioner on problems
             1085      relating to banks organized under this chapter and to foster the interest and cooperation of
             1086      banks in the improvement of their services to the people of the state.
             1087          Section 18. Section 7-9-43 is amended to read:
             1088           7-9-43. Board of Credit Union Advisors.
             1089          There is created a Board of Credit Union Advisors of five members to be appointed by
             1090      the governor.
             1091          (1) Members of the board shall be individuals who are familiar with and associated in
             1092      the field of credit unions.
             1093          (2) At least three of the members shall be persons who have had three or more years of
             1094      experience as a credit union officer and shall be selected from a list submitted to the governor
             1095      by the Utah League of Credit Unions.
             1096          (3) The board shall meet quarterly.
             1097          (4) A chair of the advisory board shall be chosen each year from the membership of the
             1098      advisory board by a majority of the members present at the board's first meeting each year.
             1099          (5) (a) Except as required by Subsection (5)(b), as terms of current board members
             1100      expire, the governor shall appoint each new member or reappointed member to a four-year
             1101      term.
             1102          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             1103      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1104      board members are staggered so that approximately half of the board is appointed every two
             1105      years.
             1106          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             1107      appointed for the unexpired term.
             1108          (7) All members shall serve until their successors are appointed and qualified.
             1109          [(8) (a) Members shall receive no compensation or benefits for their services, but may
             1110      receive per diem and expenses incurred in the performance of the member's official duties at
             1111      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1112          [(b) Members may decline to receive per diem and expenses for their service.]


             1113          (8) A member may not receive compensation or benefits for the member's service, but
             1114      may receive per diem and travel expenses in accordance with:
             1115          (a) Section 63A-3-106 ;
             1116          (b) Section 63A-3-107 ; and
             1117          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1118      63A-3-107 .
             1119          (9) Meetings of the advisory board shall be held on the call of the chair. A majority of
             1120      the members of the board shall constitute a quorum.
             1121          (10) The Board of Credit Union Advisors has the duty to advise the governor and
             1122      commissioner on problems relating to credit unions and to foster the interest and cooperation of
             1123      credit unions in the improvement of their services to the people of the state [of Utah].
             1124          Section 19. Section 9-1-803 is amended to read:
             1125           9-1-803. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
             1126      and expenses.
             1127          (1) There is created the Utah Commission on Volunteers consisting of the following 25
             1128      members:
             1129          (a) the lieutenant governor;
             1130          (b) the commissioner of higher education or the commissioner's designee;
             1131          (c) the superintendent of public instruction or the superintendent's designee;
             1132          (d) nine members appointed by the governor as follows:
             1133          (i) an individual with expertise in the educational, training, and developmental needs of
             1134      youth, particularly disadvantaged youth;
             1135          (ii) an individual with experience in promoting the involvement of older adults in
             1136      service and volunteerism;
             1137          (iii) a representative of community-based agencies or community-based organizations
             1138      within the state;
             1139          (iv) a representative of local governments in the state;
             1140          (v) a representative of local labor organizations in the state;
             1141          (vi) a representative of business;
             1142          (vii) an individual between the ages of 16 and 25 who is a participant or supervisor in a
             1143      volunteer or service program;


             1144          (viii) a representative of a National Service Program; and
             1145          (ix) a representative of the corporation as a nonvoting, ex officio member; and
             1146          (e) 13 members appointed by the governor from the following groups:
             1147          (i) local educators;
             1148          (ii) experts in the delivery of human, educational, cultural, environmental, or public
             1149      safety services to communities and individuals;
             1150          (iii) representatives of Native American tribes;
             1151          (iv) out-of-school youth or other at-risk youth; and
             1152          (v) representatives of entities that receive assistance under the Domestic Volunteer
             1153      Service Act of 1973, 42 U.S.C. 4950 et seq.
             1154          (2) (a) In appointing persons to serve on the commission, the governor shall ensure
             1155      that:
             1156          (i) no more than 13 members of the commission are members of the same political
             1157      party; and
             1158          (ii) no more than six members of the commission are state government employees.
             1159          (b) In appointing persons to serve on the commission, the governor shall strive for
             1160      balance on the commission according to race, ethnicity, age, gender, and disability
             1161      characteristics.
             1162          (3) (a) Except as required by Subsection (3)(b), as terms of current commission
             1163      members expire, the governor shall appoint each new member or reappointed member to a
             1164      three-year term.
             1165          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1166      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1167      commission members are staggered so that approximately one-third of the commission is
             1168      appointed every year.
             1169          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1170      appointed for the unexpired term.
             1171          (5) A member appointed by the governor may not serve more than two consecutive
             1172      terms.
             1173          [(6) (a) A member may not receive compensation or benefits for the member's service,
             1174      but may receive per diem and expenses incurred in the performance of the member's official


             1175      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             1176      63A-3-107 .]
             1177          [(b) A member may decline to receive per diem and expenses for the member's service.]
             1178          (6) A member may not receive compensation or benefits for the member's service, but
             1179      may receive per diem and travel expenses in accordance with:
             1180          (a) Section 63A-3-106 ;
             1181          (b) Section 63A-3-107 ; and
             1182          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1183      63A-3-107 .
             1184          (7) (a) The lieutenant governor is the chair of the commission.
             1185          (b) The commission shall select a vice chair from among its members.
             1186          Section 20. Section 9-3-403 is amended to read:
             1187           9-3-403. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
             1188      expenses.
             1189          (1) There is created an independent state agency and a body politic and corporate
             1190      known as the "Utah Science Center Authority."
             1191          (2) (a) The authority shall be composed of 13 members.
             1192          (b) The governor shall appoint:
             1193          (i) three members representing the informal science and arts community that could
             1194      include members from the board of directors of the Hansen Planetarium, the Hogle Zoo, the
             1195      Children's Museum of Utah, the Utah Museum of Natural History, and other related museums,
             1196      centers, and agencies;
             1197          (ii) one member of the State Board of Education;
             1198          (iii) one member of the Division of Housing and Community Development of the
             1199      Department of Community and Culture;
             1200          (iv) one member of the Board of Tourism Development;
             1201          (v) one member of the State Board of Regents; and
             1202          (vi) three public members representing Utah industry, the diverse regions of the state,
             1203      and the public at large.
             1204          (c) The county legislative body of Salt Lake County shall appoint one member to
             1205      represent Salt Lake County.


             1206          (d) The mayor of Salt Lake City shall appoint one member to represent Salt Lake City
             1207      Corporation.
             1208          (e) The State Science Advisor or the advisor's designee is also a member of the
             1209      authority.
             1210          (f) In appointing the three public members, the governor shall ensure that there is
             1211      representation from the science, technology, and business communities.
             1212          (3) All members shall be residents of Utah.
             1213          (4) Each member shall be appointed for four-year terms beginning July 1 of the year
             1214      appointed.
             1215          (5) (a) Except as required by Subsection (5)(b), as terms of current authority members
             1216      expire, the governor shall appoint each new member or reappointed member to a four-year
             1217      term.
             1218          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             1219      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1220      authority members are staggered so that approximately half of the authority is appointed every
             1221      two years.
             1222          (6) A member may be removed from office by the governor or for cause by an
             1223      affirmative vote of nine members of the authority.
             1224          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             1225      appointed by the governor for the unexpired term.
             1226          (8) Each public member shall hold office for the term of his appointment and until the
             1227      member's successor has been appointed and qualified.
             1228          (9) A public member is eligible for reappointment, but may not serve more than two
             1229      full consecutive terms.
             1230          (10) The governor shall appoint the chair of the authority from among its members.
             1231          (11) The members shall elect from among their number a vice chair and other officers
             1232      they may determine.
             1233          (12) The chair and vice chair shall be elected for two-year terms.
             1234          (13) The powers of the authority shall be vested in its members.
             1235          (14) Seven members constitute a quorum for transaction of authority business.
             1236          [(15) (a) (i) Members who are not government employees shall receive no


             1237      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1238      the performance of the member's official duties at the rates established by the Division of
             1239      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1240          [(ii) Members may decline to receive per diem and expenses for their service.]
             1241          [(b) (i) State government officer and employee members who do not receive salary, per
             1242      diem, or expenses from their agency for their service may receive per diem and expenses
             1243      incurred in the performance of their official duties from the authority at the rates established by
             1244      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1245          [(ii) State government officer and employee members may decline to receive per diem
             1246      and expenses for their service.]
             1247          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1248      from the entity that they represent for their service may receive per diem and expenses incurred
             1249      in the performance of their official duties at the rates established by the Division of Finance
             1250      under Sections 63A-3-106 and 63A-3-107 .]
             1251          [(ii) Local government members may decline to receive per diem and expenses for
             1252      their service.]
             1253          [(d) (i) Higher education members who do not receive salary, per diem, or expenses
             1254      from the entity that they represent for their service may receive per diem and expenses incurred
             1255      in the performance of their official duties from the committee at the rates established by the
             1256      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1257          [(ii) Higher education members may decline to receive per diem and expenses for their
             1258      service.]
             1259          (15) A member may not receive compensation or benefits for the member's service, but
             1260      may receive per diem and travel expenses in accordance with:
             1261          (a) Section 63A-3-106 ;
             1262          (b) Section 63A-3-107 ; and
             1263          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1264      63A-3-107 .
             1265          Section 21. Section 9-4-304 is amended to read:
             1266           9-4-304. Permanent Community Impact Fund Board created -- Members --
             1267      Terms -- Chair -- Expenses.


             1268          (1) There is created within the Department of Community and Culture the Permanent
             1269      Community Impact Fund Board composed of 11 members as follows:
             1270          (a) the chair of the Board of Water Resources or the chair's designee;
             1271          (b) the chair of the Water Quality Board or the chair's designee;
             1272          (c) the director of the department or the director's designee;
             1273          (d) the state treasurer;
             1274          (e) the chair of the Transportation Commission or the chair's designee;
             1275          (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
             1276          (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
             1277      Wayne County;
             1278          (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
             1279          (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
             1280      County; and
             1281          (j) a locally elected official from each of the two counties that produced the most
             1282      mineral lease monies during the previous four-year period, prior to the term of appointment, as
             1283      determined by the Department of Community and Culture.
             1284          (2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
             1285      the same county and shall be:
             1286          (i) nominated by the Board of Directors of the Southeastern Association of
             1287      Governments, Central Utah Association of Governments, Uintah Basin Association of
             1288      Governments, and Southwestern Association of Governments, respectively, except that a
             1289      member under Subsection (1)(j) shall be nominated by the Board of Directors of the
             1290      Association of Governments from the region of the state in which the county is located; and
             1291          (ii) appointed by the governor with the consent of the Senate.
             1292          (b) Except as required by Subsection (2)(c), as terms of current board members expire,
             1293      the governor shall appoint each new member or reappointed member to a four-year term.
             1294          (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
             1295      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1296      board members are staggered so that approximately half of the board is appointed every two
             1297      years.
             1298          (d) When a vacancy occurs in the membership for any reason, the replacement shall be


             1299      appointed for the unexpired term.
             1300          (3) The terms of office for the members of the impact board specified under
             1301      Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
             1302      councils, boards, committees, commission, departments, or offices from which the members
             1303      come.
             1304          (4) The executive director of the department, or the executive director's designee, shall
             1305      be the chair of the impact board.
             1306          [(5) (a) (i) Members who are not government employees shall receive no compensation
             1307      or benefits for their services, but may receive per diem and expenses incurred in the
             1308      performance of the member's official duties at the rates established by the Division of Finance
             1309      under Sections 63A-3-106 and 63A-3-107 .]
             1310          [(ii) Members may decline to receive per diem and expenses for their service.]
             1311          [(b) (i) State government officer and employee members who do not receive salary, per
             1312      diem, or expenses from their agency for their service may receive per diem and expenses
             1313      incurred in the performance of their official duties from the board at the rates established by the
             1314      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1315          [(ii) State government officer and employee members may decline to receive per diem
             1316      and expenses for their service.]
             1317          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1318      from the entity that they represent for their service may receive per diem and expenses incurred
             1319      in the performance of their official duties at the rates established by the Division of Finance
             1320      under Sections 63A-3-106 and 63A-3-107 .]
             1321          [(ii) Local government members may decline to receive per diem and expenses for
             1322      their service.]
             1323          (5) A member may not receive compensation or benefits for the member's service, but
             1324      may receive per diem and travel expenses in accordance with:
             1325          (a) Section 63A-3-106 ;
             1326          (b) Section 63A-3-107 ; and
             1327          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1328      63A-3-107 .
             1329          Section 22. Section 9-4-503 is amended to read:


             1330           9-4-503. Private Activity Bond Review Board.
             1331          (1) There is created within the department the Private Activity Bond Review Board,
             1332      composed of 11 members as follows:
             1333          (a) five ex officio members who shall be:
             1334          (i) the executive director of the department or the executive director's designee;
             1335          (ii) the director of the Division of Business and Economic Development or the
             1336      director's designee;
             1337          (iii) the state treasurer or the treasurer's designee;
             1338          (iv) the chair of the Board of Regents or the chair's designee; and
             1339          (v) the chair of the Utah Housing Corporation or the chair's designee; and
             1340          (b) six local government members who shall be:
             1341          (i) three elected or appointed county officials, nominated by the Utah Association of
             1342      Counties and appointed by the governor with the consent of the Senate; and
             1343          (ii) three elected or appointed municipal officials, nominated by the Utah League of
             1344      Cities and Towns and appointed by the governor with the consent of the Senate.
             1345          (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
             1346      government members of the board of review shall be four-year terms.
             1347          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             1348      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1349      board members are staggered so that approximately half of the board is appointed every two
             1350      years.
             1351          (c) Members may be reappointed only once.
             1352          (3) (a) If a local government member ceases to be an elected or appointed official of
             1353      the city or county the member is appointed to represent, that membership on the board of
             1354      review terminates immediately and there shall be a vacancy in the membership.
             1355          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             1356      appointed within 30 days in the manner of the regular appointment for the unexpired term, and
             1357      until his successor is appointed and qualified.
             1358          (4) (a) The chair of the board of review shall be the executive director of the
             1359      department or the executive director's designee.
             1360          (b) The chair is nonvoting except in the case of a tie vote.


             1361          (5) Six members of the board of review constitute a quorum.
             1362          (6) Formal action by the board of review requires a majority vote of a quorum.
             1363          [(7) (a) Members who are not government employees may not receive compensation or
             1364      benefits for their services, but may receive per diem and expenses incurred in the performance
             1365      of the member's official duties at the rates established by the Division of Finance under
             1366      Sections 63A-3-106 and 63A-3-107 .]
             1367          [(b) State government officer and employee members who do not receive salary, per
             1368      diem, or expenses from their agency for their service may receive per diem and expenses
             1369      incurred in the performance of their official duties from the board at the rates established by the
             1370      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1371          [(c) Local government members who do not receive salary, per diem, or expenses from
             1372      the entity that they represent for their service may receive per diem and expenses incurred in
             1373      the performance of their official duties at the rates established by the Division of Finance under
             1374      Sections 63A-3-106 and 63A-3-107 .]
             1375          [(d) Higher education members who do not receive salary, per diem, or expenses from
             1376      the entity that they represent for their service may receive per diem and expenses incurred in
             1377      the performance of their official duties from the committee at the rates established by the
             1378      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1379          [(e) Members identified in Subsections (7)(a) through (d) may decline to receive per
             1380      diem and expenses for their service.]
             1381          (7) A member may not receive compensation or benefits for the member's service, but
             1382      may receive per diem and travel expenses in accordance with:
             1383          (a) Section 63A-3-106 ;
             1384          (b) Section 63A-3-107 ; and
             1385          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1386      63A-3-107 .
             1387          (8) The chair of the board of review serves as the state official designated under state
             1388      law to make certifications required to be made under Section 146 of the code including the
             1389      certification required by Section 149(e)(2)(F) of the code.
             1390          Section 23. Section 9-4-703 is amended to read:
             1391           9-4-703. Housing loan fund board -- Duties -- Expenses.


             1392          (1) There is created the Olene Walker Housing Loan Fund Board.
             1393          (2) The board shall be composed of 11 voting members.
             1394          (a) The governor shall appoint the following members to four-year terms:
             1395          (i) two members from local governments;
             1396          (ii) two members from the mortgage lending community;
             1397          (iii) one member from real estate sales interests;
             1398          (iv) one member from home builders interests;
             1399          (v) one member from rental housing interests;
             1400          (vi) one member from housing advocacy interests;
             1401          (vii) one member of the manufactured housing interest; and
             1402          (viii) two members of the general public.
             1403          (b) The director or his designee shall serve as the secretary of the committee.
             1404          (c) The members of the board shall annually elect a chair from among the voting
             1405      membership of the board.
             1406          (3) (a) Notwithstanding the requirements of Subsection (2), the governor shall, at the
             1407      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1408      board members are staggered so that approximately half of the board is appointed every two
             1409      years.
             1410          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
             1411      appointed for the unexpired term.
             1412          (4) (a) The board shall:
             1413          (i) meet regularly, at least quarterly, on dates fixed by the board;
             1414          (ii) keep minutes of its meetings; and
             1415          (iii) comply with the procedures and requirements of Title 52, Chapter 4, Open and
             1416      Public Meetings Act.
             1417          (b) Seven members of the board constitute a quorum, and the governor, the chair, or a
             1418      majority of the board may call a meeting of the board.
             1419          (5) The board shall:
             1420          (a) review the housing needs in the state;
             1421          (b) determine the relevant operational aspects of any grant, loan, or revenue collection
             1422      program established under the authority of this chapter;


             1423          (c) determine the means to implement the policies and goals of this chapter;
             1424          (d) determine specific projects that the board considers should receive grant or loan
             1425      moneys; and
             1426          (e) determine how fund moneys shall be allocated and distributed.
             1427          [(6) (a) (i) Members who are not government employees shall receive no compensation
             1428      or benefits for their services, but may receive per diem and expenses incurred in the
             1429      performance of the member's official duties at the rates established by the Division of Finance
             1430      under Sections 63A-3-106 and 63A-3-107 .]
             1431          [(ii) Members may decline to receive per diem and expenses for their service.]
             1432          [(b) (i) State government employee members who do not receive salary, per diem, or
             1433      expenses from their agency for their service may receive per diem and expenses incurred in the
             1434      performance of their official duties from the board at the rates established by the Division of
             1435      Finance under Sections 63A-3-106 and 63A-3-107 .]
             1436          [(ii) State government employee members may decline to receive per diem and
             1437      expenses for their service.]
             1438          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1439      from the entity that they represent for their service may receive per diem and expenses incurred
             1440      in the performance of their official duties at the rates established by the Division of Finance
             1441      under Sections 63A-3-106 and 63A-3-107 .]
             1442          [(ii) Local government members may decline to receive per diem and expenses for
             1443      their service.]
             1444          (6) A member may not receive compensation or benefits for the member's service, but
             1445      may receive per diem and travel expenses in accordance with:
             1446          (a) Section 63A-3-106 ;
             1447          (b) Section 63A-3-107 ; and
             1448          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1449      63A-3-107 .
             1450          Section 24. Section 9-4-801 is amended to read:
             1451           9-4-801. Creation.
             1452          (1) There is created the Homeless Coordinating Committee.
             1453          (2) (a) The committee shall consist of the state planning coordinator, the state


             1454      superintendent of public instruction, the chair of the board of trustees of the Utah Housing
             1455      Corporation, and the executive directors of the Department of Human Services, the Department
             1456      of Corrections, the Department of Community and Culture, the Department of Workforce
             1457      Services, and the Department of Health, or their designees.
             1458          (b) The governor shall appoint the chair from among these members.
             1459          (3) The governor may also appoint as members of the committee representatives of
             1460      local governments, local housing authorities, local law enforcement agencies, and of federal
             1461      and private agencies and organizations concerned with the homeless, mentally ill, elderly,
             1462      single-parent families, substance abusers, and persons with a disability.
             1463          (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
             1464      expire, the governor shall appoint each new member or reappointed member to a four-year
             1465      term.
             1466          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1467      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1468      committee members are staggered so that approximately half of the committee is appointed
             1469      every two years.
             1470          (c) A person appointed under this Subsection (4) may not be appointed to serve more
             1471      than three consecutive terms.
             1472          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             1473      appointed for the unexpired term.
             1474          [(6) (a) (i) Members who are not government employees shall receive no compensation
             1475      or benefits for their services, but may receive per diem and expenses incurred in the
             1476      performance of the member's official duties at the rates established by the Division of Finance
             1477      under Sections 63A-3-106 and 63A-3-107 .]
             1478          [(ii) Members may decline to receive per diem and expenses for their service.]
             1479          [(b) (i) State government officer and employee members who do not receive salary, per
             1480      diem, or expenses from their agency for their service may receive per diem and expenses
             1481      incurred in the performance of their official duties from the committee at the rates established
             1482      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1483          [(ii) State government officer and employee members may decline to receive per diem
             1484      and expenses for their service.]


             1485          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1486      from the entity that they represent for their service may receive per diem and expenses incurred
             1487      in the performance of their official duties at the rates established by the Division of Finance
             1488      under Sections 63A-3-106 and 63A-3-107 .]
             1489          [(ii) Local government members may decline to receive per diem and expenses for
             1490      their service.]
             1491          (6) A member may not receive compensation or benefits for the member's service, but
             1492      may receive per diem and travel expenses in accordance with:
             1493          (a) Section 63A-3-106 ;
             1494          (b) Section 63A-3-107 ; and
             1495          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1496      63A-3-107 .
             1497          Section 25. Section 9-4-904 is amended to read:
             1498           9-4-904. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers -- Quorum
             1499      -- Per diem and expenses.
             1500          (1) (a) There is created an independent body politic and corporate, constituting a public
             1501      corporation, known as the "Utah Housing Corporation."
             1502          (b) The corporation may also be known and do business as the:
             1503          (i) Utah Housing Finance Association; and
             1504          (ii) Utah Housing Finance Agency in connection with any contract entered into when
             1505      that was the corporation's legal name.
             1506          (c) Any other entity may not use the names described in Subsections (1)(a) and (b)
             1507      without the express approval of the corporation.
             1508          (2) The corporation shall be governed by a board of trustees composed of the following
             1509      nine trustees:
             1510          (a) three ex officio trustees who shall be:
             1511          (i) the executive director of the Department of Community and Culture or the
             1512      executive director's designee;
             1513          (ii) the commissioner of the Department of Financial Institutions or the commissioner's
             1514      designee; and
             1515          (iii) the state treasurer or the treasurer's designee; and


             1516          (b) six public trustees, being private citizens of the state, as follows:
             1517          (i) two people representing the mortgage lending industry;
             1518          (ii) two people representing the home building and real estate industry; and
             1519          (iii) two people representing the public at large.
             1520          (3) The governor shall:
             1521          (a) appoint the six public trustees of the corporation with the consent of the Senate; and
             1522          (b) ensure that:
             1523          (i) the six public trustees are from different counties and are residents of Utah; and
             1524          (ii) not more than three of the public trustees belong to the same political party.
             1525          (4) (a) Except as required by Subsection (4)(b), the six public trustees shall be
             1526      appointed to terms of office of four years each.
             1527          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             1528      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1529      corporation trustees are staggered so that approximately half of the board is appointed every
             1530      two years.
             1531          (5) (a) Any of the six public trustees of the corporation may be removed from office for
             1532      cause either by the governor or by an affirmative vote of any six trustees of the corporation.
             1533          (b) When a vacancy occurs in the board of trustees for any reason, the replacement
             1534      shall be appointed for the unexpired term.
             1535          (c) Each public trustee shall hold office for the term of appointment and until the
             1536      trustee's successor has been appointed and qualified.
             1537          (d) Any public trustee is eligible for reappointment but may not serve more than two
             1538      full consecutive terms.
             1539          (6) (a) The governor shall select the chair of the corporation.
             1540          (b) The trustees shall elect from among their number a vice chair and other officers
             1541      they may determine.
             1542          (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
             1543          (b) An affirmative vote of at least five trustees is necessary for any action to be taken
             1544      by the corporation.
             1545          (c) A vacancy in the board of trustees may not impair the right of a quorum to exercise
             1546      all rights and perform all duties of the corporation.


             1547          [(8) (a) (i) Trustees who are not government employees may not receive compensation
             1548      or benefits for their services, but may receive a reasonable per diem and reimbursement
             1549      expenses incurred in the performance of the trustee's official duties at the rates established by
             1550      the board of trustees.]
             1551          [(ii) Trustees may decline to receive per diem and expenses for their service.]
             1552          [(b) (i) State government officer and employee trustees who do not receive salary, per
             1553      diem, or expenses from their agency for their service may receive per diem and expenses
             1554      incurred in the performance of their official duties from the corporation at the rates established
             1555      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1556          [(ii) State government officer and employee trustees may decline to receive per diem
             1557      and expenses for their service.]
             1558          (8) A trustee may not receive compensation or benefits for the trustee's service, but
             1559      may receive per diem and travel expenses in accordance with:
             1560          (a) Section 63A-3-106 ;
             1561          (b) Section 63A-3-107 ; and
             1562          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1563      63A-3-107 .
             1564          Section 26. Section 9-6-204 is amended to read:
             1565           9-6-204. Utah Arts Council Board of Directors.
             1566          (1) There is created within the department the Board of Directors of the Utah Arts
             1567      Council.
             1568          (2) (a) The board shall consist of 13 members appointed by the governor to four-year
             1569      terms of office with the consent of the Senate.
             1570          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             1571      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1572      board members are staggered so that approximately half of the board is appointed every two
             1573      years.
             1574          (c) Nine board members shall be working artists in the following areas:
             1575          (i) visual arts;
             1576          (ii) architecture or design;
             1577          (iii) literature;


             1578          (iv) music;
             1579          (v) sculpture;
             1580          (vi) folklore or folk arts;
             1581          (vii) theatre;
             1582          (viii) dance; and
             1583          (ix) media arts.
             1584          (d) Four board members shall be citizens knowledgeable in the arts.
             1585          (3) The members shall be appointed from the state at large with due consideration for
             1586      geographical representation.
             1587          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1588      appointed for the unexpired term by the governor within one month from the time of vacancy.
             1589          (5) Seven members of the board constitute a quorum for the transaction of business.
             1590          (6) The governor shall annually select one of the board members as chair.
             1591          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1592      receive per diem and expenses incurred in the performance of the member's official duties at
             1593      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1594          [(b) Members may decline to receive per diem and expenses for their service.]
             1595          (7) A member may not receive compensation or benefits for the member's service, but
             1596      may receive per diem and travel expenses in accordance with:
             1597          (a) Section 63A-3-106 ;
             1598          (b) Section 63A-3-107 ; and
             1599          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1600      63A-3-107 .
             1601          [(c) Members] (8) A member may not receive gifts, prizes, or awards of money from
             1602      the purchasing fund of the division during [their terms] the member's term of office.
             1603          Section 27. Section 9-6-305 is amended to read:
             1604           9-6-305. Art collection committee.
             1605          (1) The division shall appoint a committee of artists or judges of art to take charge of
             1606      all works of art acquired under this chapter. This collection shall be known as the Utah State
             1607      Alice Art Collection.
             1608          (2) (a) Except as required by Subsection (2)(b), as terms of current board members


             1609      expire, the division shall appoint each new member or reappointed member to a four-year term.
             1610          (b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the
             1611      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1612      board members are staggered so that approximately half of the board is appointed every two
             1613      years.
             1614          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             1615      appointed for the unexpired term.
             1616          [(4) (a) Members shall receive no compensation or benefits for their services, but may
             1617      receive per diem and expenses incurred in the performance of the member's official duties at
             1618      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1619          [(b) Members may decline to receive per diem and expenses for their service.]
             1620          (4) A member may not receive compensation or benefits for the member's service, but
             1621      may receive per diem and travel expenses in accordance with:
             1622          (a) Section 63A-3-106 ;
             1623          (b) Section 63A-3-107 ; and
             1624          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1625      63A-3-107 .
             1626          Section 28. Section 9-6-604 is amended to read:
             1627           9-6-604. Museum Services Advisory Board -- Membership.
             1628          (1) There is created the Museum Services Advisory Board.
             1629          (2) The board shall consist of 11 members appointed by the governor.
             1630          (3) The governor shall ensure that the board includes:
             1631          (a) at least six members who are qualified, trained, and experienced museum
             1632      professionals, three of whom shall have a minimum of five years continuous paid work
             1633      experience in a museum and be drawn from a list proposed by the Utah Museums Association;
             1634          (b) other persons with an interest in Utah's museums; and
             1635          (c) representation from throughout Utah.
             1636          (4) (a) Advisory board members shall be appointed for terms of four years except that
             1637      three shall initially be appointed for two years, four for three years, and four for four years.
             1638          (b) They serve until their successors are appointed and qualified.
             1639          (5) (a) The governor shall appoint the chair of the board.


             1640          (b) The board shall choose a vice chair from its own members.
             1641          (c) Members may be reappointed for one additional term only, unless the governor
             1642      determines that unusual circumstances warrant a further term.
             1643          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             1644      appointed for the unexpired term.
             1645          (7) Six members of the board constitute a quorum for the transaction of business.
             1646          (8) The advisory board shall meet at least once a year.
             1647          [(9) (a) Members shall receive no compensation or benefits for their services, but may
             1648      receive per diem and expenses incurred in the performance of the member's official duties at
             1649      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1650          [(b) Members may decline to receive per diem and expenses for their service.]
             1651          (9) A member may not receive compensation or benefits for the member's service, but
             1652      may receive per diem and travel expenses in accordance with:
             1653          (a) Section 63A-3-106 ;
             1654          (b) Section 63A-3-107 ; and
             1655          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1656      63A-3-107 .
             1657          (10) The department shall pay those expenses on warrant to the Division of Finance
             1658      from money in the budget appropriated for that purpose.
             1659          Section 29. Section 9-6-704 is amended to read:
             1660           9-6-704. State-Owned Art Collections Inventory Program Committee --
             1661      Membership -- Chair -- Expenses -- Duties.
             1662          (1) There is created within the division the State-Owned Art Collections Inventory
             1663      Committee.
             1664          (2) The committee consists of seven members who shall be experts in one or more
             1665      aspect of the program as follows:
             1666          (a) the director of the Utah Museum of Fine Arts, or a designee;
             1667          (b) the director of the Utah Arts Council, or a designee;
             1668          (c) the director of the Division of Risk Management, or a designee;
             1669          (d) the director of the Utah Academic Library Consortium, or a designee;
             1670          (e) the director of the Utah State Archives and Records Service, or a designee;


             1671          (f) the director of the Division of Facilities Construction and Management; and
             1672          (g) a member of the public with expertise in the area of web site or database design and
             1673      administration appointed by the other members of the committee to serve at the pleasure of the
             1674      committee.
             1675          (3) (a) The committee shall annually elect a chairperson from its membership.
             1676          (b) (i) The committee shall hold meetings as needed to carry out its duties.
             1677          (ii) A meeting may be held on the call of the chair or a majority of the committee
             1678      members.
             1679          (c) Four committee members are necessary to constitute a quorum at any meeting and,
             1680      if a quorum exists, the action of a majority of members present shall be the action of the
             1681      committee.
             1682          [(4) (a) Committee members who are not government employees may not receive
             1683      compensation or benefits for their services, but may receive per diem and expenses incurred in
             1684      the performance of their official duties at rates established by the Division of Finance under
             1685      Sections 63A-3-106 and 63A-3-107 .]
             1686          [(b) A committee member may decline to receive per diem and expenses for service to
             1687      the committee.]
             1688          (4) A committee member may not receive compensation or benefits for the member's
             1689      service, but may receive per diem and travel expenses in accordance with:
             1690          (a) Section 63A-3-106 ;
             1691          (b) Section 63A-3-107 ; and
             1692          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1693      63A-3-107 .
             1694          (5) The division shall provide staff support to the committee.
             1695          (6) The funding of the committee shall be a separate line item to the division in the
             1696      annual appropriations act.
             1697          (7) The committee shall:
             1698          (a) advise the division on the design and implementation of the inventory study
             1699      program;
             1700          (b) monitor, advise, and make recommendations to the division to promote and ensure
             1701      the efficient and effective plan for the inventory study program; and


             1702          (c) study promoting collaborative efforts to develop public awareness, public school
             1703      curriculum, and teacher training materials on the provisions of the program.
             1704          Section 30. Section 9-7-204 is amended to read:
             1705           9-7-204. State Library Board -- Members -- Meetings -- Expenses.
             1706          (1) There is created within the department the State Library Board.
             1707          (2) (a) The board shall consist of nine members appointed by the governor.
             1708          (b) One member shall be appointed on recommendation from each of the following
             1709      agencies:
             1710          (i) the State Office of Education;
             1711          (ii) the Board of Control of the State Law Library;
             1712          (iii) the Office of Legislative Research and General Counsel; and
             1713          (iv) the Utah System of Higher Education.
             1714          (c) Of the five remaining members at least two shall be appointed from rural areas.
             1715          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             1716      expire, the governor shall appoint each new member or reappointed member to a four-year
             1717      term.
             1718          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1719      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1720      board members are staggered so that approximately half of the board is appointed every two
             1721      years.
             1722          (4) The members may not serve more than two full consecutive terms.
             1723          (5) When a vacancy occurs in the membership for any reason, the replacement shall be
             1724      appointed for the unexpired term in the same manner as originally appointed.
             1725          (6) Five members of the board constitute a quorum for conducting board business.
             1726          (7) The governor shall select one of the board members as chair who shall serve for a
             1727      period of two years.
             1728          (8) The director of the State Library Division shall be executive officer of the board.
             1729          [(9) (a) (i) Members who are not government employees shall receive no compensation
             1730      or benefits for their services, but may receive per diem and expenses incurred in the
             1731      performance of the member's official duties at the rates established by the Division of Finance
             1732      under Sections 63A-3-106 and 63A-3-107 .]


             1733          [(ii) Members may decline to receive per diem and expenses for their service.]
             1734          [(b) (i) State government officer and employee members who do not receive salary, per
             1735      diem, or expenses from their agency for their service may receive per diem and expenses
             1736      incurred in the performance of their official duties from the board at the rates established by the
             1737      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1738          [(ii) State government officer and employee members may decline to receive per diem
             1739      and expenses for their service.]
             1740          [(c) (i) Higher education members who do not receive salary, per diem, or expenses
             1741      from the entity that they represent for their service may receive per diem and expenses incurred
             1742      in the performance of their official duties from the committee at the rates established by the
             1743      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1744          [(ii) Higher education members may decline to receive per diem and expenses for their
             1745      service.]
             1746          (9) A member may not receive compensation or benefits for the member's service, but
             1747      may receive per diem and travel expenses in accordance with:
             1748          (a) Section 63A-3-106 ;
             1749          (b) Section 63A-3-107 ; and
             1750          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1751      63A-3-107 .
             1752          Section 31. Section 9-8-204 is amended to read:
             1753           9-8-204. Board of State History.
             1754          (1) There is created within the department the Board of State History.
             1755          (2) The board shall consist of 11 members appointed by the governor with the consent
             1756      of the Senate as follows:
             1757          (a) sufficient representatives to satisfy the federal requirements for an adequately
             1758      qualified State Historic Preservation Review Board; and
             1759          (b) other persons with an interest in the subject matter of the division's responsibilities.
             1760          (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
             1761      terms of four years and shall serve until their successors are appointed and qualified.
             1762          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
             1763      time of appointment or reappointment, adjust the length of terms to ensure that the terms of


             1764      board members are staggered so that approximately half of the board is appointed every two
             1765      years.
             1766          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             1767      appointed for the unexpired term with the consent of the Senate.
             1768          (5) Six members of the board are a quorum for the transaction of business.
             1769          (6) The governor shall select a chair and vice chair from the board members.
             1770          [(7) (a) Members shall receive no compensation or benefits for their services, but may
             1771      receive per diem and expenses incurred in the performance of the member's official duties at
             1772      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1773          [(b) Members may decline to receive per diem and expenses for their service.]
             1774          (7) A member may not receive compensation or benefits for the member's service, but
             1775      may receive per diem and travel expenses in accordance with:
             1776          (a) Section 63A-3-106 ;
             1777          (b) Section 63A-3-107 ; and
             1778          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1779      63A-3-107 .
             1780          Section 32. Section 9-9-104.5 is amended to read:
             1781           9-9-104.5. Meetings with tribal leaders and Indian groups.
             1782          (1) The division shall meet regularly with:
             1783          (a) elected officials of Indian tribes located in whole or in part in the state; or
             1784          (b) individuals designated by elected officials of the tribes described in Subsection
             1785      (1)(a).
             1786          (2) (a) Subject to Section 9-9-104.6 , at least five times each year, the division shall
             1787      coordinate and attend a joint meeting of the representatives of tribal governments listed in
             1788      Subsection (2)(b) for the purpose of coordinating the efforts of state and tribal governments in
             1789      meeting the needs of the Native Americans residing in the state.
             1790          (b) (i) The representatives to be included in the meeting described in Subsection (2)(a)
             1791      shall be selected as follows:
             1792          (A) an elected official of the Navajo Nation that resides in San Juan County selected by
             1793      the Navajo Nation government;
             1794          (B) an elected official of the Ute Indian Tribe of the Uintah and Ouray Reservation


             1795      selected by the Uintah and Ouray Tribal Business Committee;
             1796          (C) an elected official of the Paiute Indian Tribe of Utah selected by the Paiute Indian
             1797      Tribe of Utah Tribal Council;
             1798          (D) an elected official of the Northwestern Band of the Shoshoni Nation that resides in
             1799      Northern Utah selected by the Northwestern Band of the Shoshoni Nation Tribal Council;
             1800          (E) an elected official of the Confederate Tribes of Goshute Reservation that resides in
             1801      Ibapah selected by the Goshute Business Council;
             1802          (F) an elected official of the Skull Valley Band of Goshute Indians selected by the
             1803      Goshute Indian Tribal Executive Committee;
             1804          (G) an elected official of the Ute Mountain Ute Tribe that resides in Utah selected by
             1805      the Ute Mountain Ute Tribal Council; and
             1806          (H) an elected official of the San Juan Southern Paiute Tribe selected by the San Juan
             1807      Southern Paiute Tribal Council.
             1808          (ii) Notwithstanding Subsection (2)(b)(i), if an elected official of an Indian tribe
             1809      provides notice to the division, the Indian tribe may designate an individual other than the
             1810      elected official selected under Subsection (2)(b)(i) to represent the Indian tribe at a meeting
             1811      held under Subsection (2)(a).
             1812          (c) (i) A meeting held in accordance with Subsection (2)(a) is subject to Title 52,
             1813      Chapter 4, Open and Public Meetings Act.
             1814          (ii) A meeting of representatives listed in Subsection (2)(b) is not subject to the
             1815      requirements of Title 52, Chapter 4, Open and Public Meetings Act, notwithstanding whether it
             1816      is held on the same day as a meeting held in accordance with Subsection (2)(a) if:
             1817          (A) the division does not coordinate the meeting described in this Subsection (2)(c)(ii);
             1818          (B) no state agency participates in the meeting described in this Subsection (2)(c)(ii);
             1819          (C) a representative receives no per diem or expenses under this section for attending
             1820      the meeting described in this Subsection (2)(c)(ii) that is in addition to any per diem or
             1821      expenses the representative receives under Subsection (2)(d) for attending a meeting described
             1822      in Subsection (2)(a); and
             1823          (D) the meeting described in this Subsection (2)(c)(ii) is not held:
             1824          (I) after a meeting described in Subsection (2)(a) begins; and
             1825          (II) before the meeting described in Subsection (2)(c)(ii)(D)(I) adjourns.


             1826          [(d) (i) The representative selected under Subsection (2)(b) that attends a meeting held
             1827      in accordance with Subsection (2)(a) who does not receive compensation, per diem, or
             1828      expenses from the tribal government specifically for the representative's attendance at that
             1829      meeting may receive per diem and expenses incurred in attending the meeting at the rates
             1830      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1831          [(ii) A representative of a tribal government that attends a meeting held in accordance
             1832      with Subsection (2)(a) may decline to receive per diem and expenses for the representative's
             1833      attendance.]
             1834          (d) A representative of a tribal government that attends a meeting held in accordance
             1835      with Subsection (2)(a) may not receive compensation or benefits for the representative's
             1836      service, but may receive per diem and travel expenses in accordance with:
             1837          (i) Section 63A-3-106 ;
             1838          (ii) Section 63A-3-107 ; and
             1839          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1840      63A-3-107 .
             1841          [(iii)] (e) For each meeting, only one individual from each tribe may receive per diem
             1842      and expenses, as provided in this Subsection (2)(d).
             1843          (3) The division may meet as necessary with Indian groups other than tribal
             1844      governments representing the interests of Native Americans who are citizens of the state
             1845      residing on or off reservation land.
             1846          Section 33. Section 9-9-104.6 is amended to read:
             1847           9-9-104.6. Participation of state agencies in meetings with tribal leaders --
             1848      Contact information.
             1849          (1) For at least three of the joint meetings described in Subsection 9-9-104.5 (2)(a), the
             1850      division shall coordinate with representatives of tribal governments and the entities listed in
             1851      Subsection (2) to provide for the broadest participation possible in the joint meetings.
             1852          (2) The following may participate in all meetings described in Subsection (1):
             1853          (a) the chairs of the Native American Legislative Liaison Committee created in Section
             1854      36-22-1 ;
             1855          (b) the governor or the governor's designee; and
             1856          (c) a representative appointed by the chief administrative officer of the following:


             1857          (i) the Department of Health;
             1858          (ii) the Department of Human Services;
             1859          (iii) the Department of Natural Resources;
             1860          (iv) the Department of Workforce Services;
             1861          (v) the Governor's Office of Economic Development;
             1862          (vi) the State Office of Education; and
             1863          (vii) the State Board of Regents.
             1864          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
             1865          (i) designate the name of a contact person for that agency that can assist in coordinating
             1866      the efforts of state and tribal governments in meeting the needs of the Native Americans
             1867      residing in the state; and
             1868          (ii) notify the division:
             1869          (A) who is the designated contact person described in Subsection (3)(a)(i); and
             1870          (B) of any change in who is the designated contact person described in Subsection
             1871      (3)(a)(i).
             1872          (b) This Subsection (3) applies to:
             1873          (i) the Department of Agriculture and Food;
             1874          (ii) the Department of Community and Culture;
             1875          (iii) the Department of Corrections;
             1876          (iv) the Department of Environmental Quality;
             1877          (v) the Department of Public Safety;
             1878          (vi) the Department of Transportation;
             1879          (vii) the Office of the Attorney General;
             1880          (viii) the State Tax Commission; and
             1881          (ix) any agency described in Subsection (2)(c).
             1882          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
             1883      participate in a meeting described in Subsection (1).
             1884          [(4) (a) Salaries and expenses of a legislator participating in accordance with this
             1885      section in a meeting described in Subsection (1) shall be paid in accordance with Section
             1886      36-2-2 and Joint Rule 15.03.]
             1887          [(b) A state government officer or employee may receive per diem and expenses at the


             1888      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 for
             1889      participating in a meeting described in Subsection (1) if the officer or employee:]
             1890          [(i) participates in the meeting in accordance with this section; and]
             1891          [(ii) does not receive salary, per diem, or expenses from the officer's or employee's
             1892      agency for participating in the meeting.]
             1893          [(c) A state government officer or employee that participates in a meeting described in
             1894      Subsection (1) may decline to receive per diem and expenses for participating in the meeting.]
             1895          (4) A participant under this section who is not a legislator may not receive
             1896      compensation or benefits for the participant's service, but may receive per diem and travel
             1897      expenses in accordance with:
             1898          (a) Section 63A-3-106 ;
             1899          (b) Section 63A-3-107 ; and
             1900          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1901      63A-3-107 .
             1902          Section 34. Section 9-9-405 is amended to read:
             1903           9-9-405. Review committee.
             1904          (1) There is created a Native American Remains Review Committee.
             1905          (2) (a) The review committee shall be composed of seven members as follows:
             1906          (i) four shall be appointed by the director from nominations submitted by Indian tribes;
             1907      and
             1908          (ii) three shall be appointed by the director from nominations submitted by
             1909      representatives of repositories.
             1910          (b) Except as required by Subsection (2)(c), as terms of current committee members
             1911      expire, the director shall appoint each new member or reappointed member to a four-year term.
             1912          (c) Notwithstanding the requirements of Subsection (2)(b), the director shall, at the
             1913      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             1914      committee members are staggered so that approximately half of the review committee is
             1915      appointed every two years.
             1916          (d) When a vacancy occurs in the membership for any reason, the director shall appoint
             1917      a replacement for the unexpired term.
             1918          [(e) (i) A member may not receive compensation or benefits for the member's services,


             1919      but may receive per diem and expenses incurred in the performance of the member's official
             1920      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             1921      63A-3-107 .]
             1922          [(ii) A member may decline to receive per diem and expenses for the member's service.]
             1923          (e) A member may not receive compensation or benefits for the member's service, but
             1924      may receive per diem and travel expenses in accordance with:
             1925          (i) Section 63A-3-106 ;
             1926          (ii) Section 63A-3-107 ; and
             1927          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1928      63A-3-107 .
             1929          (f) The review committee shall designate one of its members as chair.
             1930          (3) The review committee shall:
             1931          (a) monitor the identification process conducted under Section 9-9-403 to ensure a fair
             1932      and objective consideration and assessment of all available relevant information and evidence;
             1933          (b) review a finding relating to the following, subject to the rules made by the division
             1934      under Subsection 9-9-403 (6):
             1935          (i) the identity or cultural affiliation of Native American remains; or
             1936          (ii) the return of Native American remains;
             1937          (c) facilitate the resolution of a dispute among Indian tribes or lineal descendants and
             1938      state agencies relating to the return of Native American remains, including convening the
             1939      parties to the dispute if considered desirable;
             1940          (d) consult with Indian tribes on matters within the scope of the work of the review
             1941      committee affecting these tribes;
             1942          (e) consult with the division in the development of rules to carry out this part;
             1943          (f) perform other related functions as the division may assign to the review committee;
             1944      and
             1945          (g) make recommendations, if appropriate, regarding care of Native American remains
             1946      that are to be repatriated.
             1947          (4) A record or finding made by the review committee relating to the identity of or
             1948      cultural affiliation of Native American remains and the return of Native American remains may
             1949      be admissible in any action brought under this part.


             1950          (5) The appropriate state agency having primary authority over the lands as provided in
             1951      Chapter 8, Part 3, Antiquities, shall ensure that the review committee has reasonable access to:
             1952          (a) Native American remains under review; and
             1953          (b) associated scientific and historical documents.
             1954          (6) The division shall provide reasonable administrative and staff support necessary for
             1955      the deliberations of the review committee.
             1956          (7) The review committee shall submit an annual report to the Native American
             1957      Legislative Liaison Committee, created in Section 36-22-1 , on the progress made, and any
             1958      barriers encountered, in implementing this section during the previous year.
             1959          Section 35. Section 9-10-103 is amended to read:
             1960           9-10-103. Uintah Basin Revitalization Fund Board created -- Members -- Terms
             1961      -- Chair -- Quorum -- Expenses.
             1962          (1) There is created within the division the Revitalization Board composed of five
             1963      members as follows:
             1964          (a) the governor or his designee;
             1965          (b) a Uintah County commissioner;
             1966          (c) a Duchesne County commissioner; and
             1967          (d) two representatives of the Business Committee of the Tribe.
             1968          (2) The terms of office for the members of the board shall run concurrently with the
             1969      terms of office for the governor, commissioners, and Business Committee of the Tribe.
             1970          (3) The governor, or his designee, shall be the chair of the board.
             1971          (4) Four board members are a quorum.
             1972          (5) All decisions of the board require four affirmative votes.
             1973          [(6) (a) (i) Members who are not government employees shall receive no compensation
             1974      or benefits for their services, but may receive per diem and expenses incurred in the
             1975      performance of the member's official duties at the rates established by the Division of Finance
             1976      under Sections 63A-3-106 and 63A-3-107 .]
             1977          [(ii) Members may decline to receive per diem and expenses for their service.]
             1978          [(b) (i) State government officer and employee members who do not receive salary, per
             1979      diem, or expenses from their agency for their service may receive per diem and expenses
             1980      incurred in the performance of their official duties from the board at the rates established by the


             1981      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             1982          [(ii) State government officer and employee members may decline to receive per diem
             1983      and expenses for their service.]
             1984          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             1985      from the entity that they represent for their service may receive per diem and expenses incurred
             1986      in the performance of their official duties at the rates established by the Division of Finance
             1987      under Sections 63A-3-106 and 63A-3-107 .]
             1988          [(ii) Local government members may decline to receive per diem and expenses for
             1989      their service.]
             1990          (6) A member may not receive compensation or benefits for the member's service, but
             1991      may receive per diem and travel expenses in accordance with:
             1992          (a) Section 63A-3-106 ;
             1993          (b) Section 63A-3-107 ; and
             1994          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             1995      63A-3-107 .
             1996          Section 36. Section 9-11-105 is amended to read:
             1997           9-11-105. Navajo Revitalization Fund Board.
             1998          (1) There is created within the division the Navajo Revitalization Board composed of
             1999      five members as follows:
             2000          (a) the governor or the governor's designee;
             2001          (b) the two members of the San Juan County commission whose districts include
             2002      portions of the Navajo Reservation;
             2003          (c) the chair of the Navajo Utah Commission or a member of the commission
             2004      designated by the chair of the Navajo Utah Commission; and
             2005          (d) (i) ending June 30, 2008, the chair of the Utah Dineh Committee, as created in
             2006      Section 63-88-107 , or a member of the committee designated by the chair; and
             2007          (ii) beginning July 1, 2008, a president of a Utah Navajo Chapter or an individual
             2008      designated by the president under an annual rotation system of Utah Navajo Chapters as
             2009      follows:
             2010          (A) the president of a Utah Navajo Chapter shall serve for one year;
             2011          (B) the Utah Navajo Chapter is rotated in alphabetical order as provided in Subsection


             2012      9-11-102 (7), except that the rotation will begin on July 1, 2008 with the Dennehotso Chapter;
             2013          (C) if the president of a Utah Navajo Chapter under Subsection (1)(d)(ii)(B) is the
             2014      same individual as the individual listed in Subsection (1)(c):
             2015          (I) that Utah Navajo Chapter is skipped as part of that rotation; and
             2016          (II) the president of the next Utah Navajo Chapter in the alphabetical rotation shall
             2017      serve on the board.
             2018          (2) The term of office for a member of the board described in Subsections (1)(a)
             2019      through (c) runs concurrently with the term of office for the governor, county commissioner, or
             2020      member of the Navajo Utah Commission.
             2021          (3) (a) The governor, or the governor's designee, is the chair of the board.
             2022          (b) The chair shall call necessary meetings.
             2023          [(4) (a) (i) A member who is not a government employee of the state or local
             2024      government may not receive compensation or benefits for the member's services, but may
             2025      receive per diem and expenses incurred in the performance of the member's official duties at
             2026      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2027          [(ii) A member who is not a government employee of the state or local government may
             2028      decline to receive per diem and expenses for the member's service.]
             2029          [(b) (i) A state government officer or employee member who does not receive salary,
             2030      per diem, or expenses from the member's agency for the member's service may receive per
             2031      diem and expenses incurred in the performance of the member's official duties from the board
             2032      at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2033          [(ii) A state government officer or employee member may decline to receive per diem
             2034      and expenses for the member's service.]
             2035          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2036      from the entity that the member represents for the member's service may receive per diem and
             2037      expenses incurred in the performance of the member's official duties at the rates established by
             2038      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2039          [(ii) A local government member may decline to receive per diem and expenses for the
             2040      member's service.]
             2041          (4) A member may not receive compensation or benefits for the member's service, but
             2042      may receive per diem and travel expenses in accordance with:


             2043          (a) Section 63A-3-106 ;
             2044          (b) Section 63A-3-107 ; and
             2045          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2046      63A-3-107 .
             2047          [(d)] (5) The per diem and travel expenses permitted under [this] Subsection (4) may
             2048      be included as costs of administration of the revitalization fund.
             2049          [(5)] (6) Four board members are a quorum.
             2050          [(6)] (7) An affirmative vote of each member of the board present at a meeting when a
             2051      quorum is present is required for a board decision related to monies in or disbursed from the
             2052      revitalization fund.
             2053          Section 37. Section 10-6-153 is amended to read:
             2054           10-6-153. Municipal government fiscal committee created -- Members -- Terms --
             2055      Vacancies -- Recommendations.
             2056          (1) There is hereby created a municipal government fiscal committee, the members of
             2057      which shall be:
             2058          (a) all auditors of cities of the first class and two auditors from cities of the second
             2059      class appointed by the state auditor;
             2060          (b) four elected or appointed municipal officials, two of whom shall be from larger
             2061      cities of the third class, one of whom shall be from cities of the fourth class, and one of whom
             2062      shall be from cities of the fifth class, appointed by the state auditor from a list recommended by
             2063      the Utah League of Cities and Towns; and
             2064          (c) two additional members who are knowledgeable in the area of municipal fiscal
             2065      affairs appointed by the state auditor.
             2066          (2) (a) Members shall be appointed to four-year terms on the committee, provided that
             2067      the term of an elected or appointed official shall terminate upon ceasing to be an elected
             2068      official or an employee of the city for which such person worked when appointed.
             2069          (b) Notwithstanding the requirements of Subsection (2)(a), the auditor shall, at the time
             2070      of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2071      committee members are staggered so that approximately half of the committee is appointed
             2072      every two years.
             2073          (3) Any vacancy shall be filled by the state auditor from the same class as the original


             2074      appointment as described in Subsection (1). Members may be reappointed.
             2075          (4) The advisory committee shall assist, advise, and make recommendations to the
             2076      state auditor in the preparation of uniform accounting and reporting procedures and program
             2077      and performance accounting, budgeting, and reporting for cities.
             2078          [(5) (a) Members shall receive no compensation or benefits for their services, but may
             2079      receive per diem and expenses incurred in the performance of the member's official duties at
             2080      the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2081          [(b) Members may decline to receive per diem and expenses for their service.]
             2082          [(c) Local government members who do not receive salary, per diem, or expenses from
             2083      the entity that they represent for their service may receive per diem and expenses incurred in
             2084      the performance of their official duties at the rates established by the Division of Finance under
             2085      Sections 63A-3-106 and 63A-3-107 .]
             2086          [(d) Local government members may decline to receive per diem and expenses for their
             2087      service.]
             2088          (5) A member may not receive compensation or benefits for the member's service, but
             2089      may receive per diem and travel expenses in accordance with:
             2090          (a) Section 63A-3-106 ;
             2091          (b) Section 63A-3-107 ; and
             2092          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2093      63A-3-107 .
             2094          Section 38. Section 11-38-201 is amended to read:
             2095           11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
             2096      Organization -- Expenses -- Staff.
             2097          (1) (a) There is created a Quality Growth Commission consisting of:
             2098          (i) the director of the Department of Natural Resources;
             2099          (ii) the commissioner of the Department of Agriculture and Food;
             2100          (iii) six elected officials at the local government level, three of whom may not be
             2101      residents of a county of the first or second class; and
             2102          (iv) five persons from the profit and nonprofit private sector, two of whom may not be
             2103      residents of a county of the first or second class and no more than three of whom may be from
             2104      the same political party and one of whom shall be from the residential construction industry,


             2105      nominated by the Utah Home Builders Association, and one of whom shall be from the real
             2106      estate industry, nominated by the Utah Association of Realtors.
             2107          (b) (i) The director of the Department of Natural Resources and the commissioner of
             2108      the Department of Agriculture and Food may not assume their positions on the commission
             2109      until:
             2110          (A) after May 1, 2005; and
             2111          (B) the term of the respective predecessor in office, who is a state government level
             2112      appointee, expires.
             2113          (ii) The term of a commission member serving on May 1, 2005 as one of the six
             2114      elected local officials or five private sector appointees may not be shortened because of
             2115      application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
             2116      from counties of the first or second class.
             2117          (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be
             2118      appointed by the governor with the consent of the Senate.
             2119          (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
             2120      a list of names provided by the Utah League of Cities and Towns, and shall select the
             2121      remaining three from a list of names provided by the Utah Association of Counties.
             2122          (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
             2123      community from a list of names provided by Utah farm organizations.
             2124          (3) (a) The term of office of each member is four years, except that the governor shall
             2125      appoint one of the persons at the state government level, three of the persons at the local
             2126      government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
             2127      term.
             2128          (b) No member of the commission may serve more than two consecutive four-year
             2129      terms.
             2130          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
             2131      an appointment under Subsection (2).
             2132          (5) Commission members shall elect a chair from their number and establish rules for
             2133      the organization and operation of the commission.
             2134          [(6) (a) No member may receive compensation or benefits for the member's service on
             2135      the commission.]


             2136          [(b) (i) A member who is not a government officer or employee may be reimbursed for
             2137      reasonable expenses incurred in the performance of the member's official duties at the rates
             2138      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2139          [(ii) A member who is a government officer or employee and who does not receive
             2140      expenses from the member's agency may be reimbursed for reasonable expenses incurred in the
             2141      performance of the member's official duties at the rates established by the Division of Finance
             2142      under Sections 63A-3-106 and 63A-3-107 .]
             2143          [(c) A member may decline to be reimbursed for reasonable expenses incurred in the
             2144      performance of the member's official duties.]
             2145          (6) A member may not receive compensation or benefits for the member's service, but
             2146      may receive per diem and travel expenses in accordance with:
             2147          (a) Section 63A-3-106 ;
             2148          (b) Section 63A-3-107 ; and
             2149          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2150      63A-3-107 .
             2151          [(d)] (7) A member is not required to give bond for the performance of official duties.
             2152          [(7)] (8) Staff services to the commission:
             2153          (a) shall be provided by OPB; and
             2154          (b) may be provided by local entities through the Utah Association of Counties and the
             2155      Utah League of Cities and Towns, with funds approved by the commission from those
             2156      identified as available to local entities under Subsection 11-38-203 (1)(a).
             2157          Section 39. Section 13-14-103 is amended to read:
             2158           13-14-103. Utah Motor Vehicle Franchise Advisory Board -- Creation --
             2159      Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of interest.
             2160          (1) There is created within the department the Utah Motor Vehicle Franchise Advisory
             2161      Board that consists of:
             2162          (a) the executive director or the executive director's designee; and
             2163          (b) seven members appointed by the executive director, with the concurrence of the
             2164      governor as follows:
             2165          (i) one recreational motor vehicle franchisee;
             2166          (ii) three new motor vehicle franchisees from different congressional districts in the


             2167      state; and
             2168          (iii) (A) three members representing motor vehicle franchisors registered by the
             2169      department pursuant to Section 13-14-105 ;
             2170          (B) three members of the general public, none of whom shall be related to any
             2171      franchisee; or
             2172          (C) three members consisting of any combination of these representatives under this
             2173      Subsection (1)(b)(iii).
             2174          (2) (a) The executive director shall appoint, with the concurrence of the governor, three
             2175      alternate members, with one alternate from each of the designations set forth in Subsections
             2176      (1)(b)(i), (1)(b)(ii), and (1)(b)(iii), except that the new motor vehicle franchisee alternate or
             2177      alternates for the designation under Subsection (1)(b)(ii) may be from any congressional
             2178      district.
             2179          (b) An alternate shall take the place of a regular advisory board member from the same
             2180      designation at a meeting of the advisory board where that regular advisory board member is
             2181      absent or otherwise disqualified from participating in the advisory board meeting.
             2182          (3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)
             2183      are appointed for a term of four years.
             2184          (ii) No specific term applies to the executive director or the executive director's
             2185      designee.
             2186          (b) The executive director may adjust the term of members who were appointed to the
             2187      advisory board prior to July 1, 2001, by extending the unexpired term of a member for up to
             2188      two additional years in order to insure that approximately half of the members are appointed
             2189      every two years.
             2190          (c) In the event of a vacancy on the advisory board of a member appointed under
             2191      Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall
             2192      appoint an individual to complete the unexpired term of the member whose office is vacant.
             2193          (d) A member may not be appointed to more than two consecutive terms.
             2194          (4) (a) The executive director or the executive director's designee is the chair of the
             2195      advisory board.
             2196          (b) The department shall keep a record of all hearings, proceedings, transactions,
             2197      communications, and recommendations of the advisory board.


             2198          (5) (a) Four or more members of the advisory board constitute a quorum for the
             2199      transaction of business.
             2200          (b) The action of a majority of a quorum present is considered the action of the
             2201      advisory board.
             2202          (6) (a) A member of the advisory board may not participate as a board member in a
             2203      proceeding or hearing:
             2204          (i) involving the member's licensed business or employer; or
             2205          (ii) when a member, a member's business or family, or employer has a pecuniary
             2206      interest in the outcome or other conflict of interest concerning an issue before the advisory
             2207      board.
             2208          (b) If a member of the advisory board is disqualified under Subsection (6)(a), the
             2209      executive director shall select the appropriate alternate member to act on the issue before the
             2210      advisory board as provided in Subsection (2).
             2211          (7) Except for the executive director or the executive director's designee, an individual
             2212      may not be appointed or serve on the advisory board while holding any other elective or
             2213      appointive state or federal office.
             2214          [(8) (a) (i) A member of the advisory board who is not a government employee shall
             2215      receive no compensation or benefits for the member's services, but may receive per diem and
             2216      expenses incurred in the performance of the member's official duties at the rates established by
             2217      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2218          [(ii) A member may decline to receive per diem and expenses for the member's
             2219      services.]
             2220          [(b) (i) A state government officer and employee member who does not receive salary,
             2221      per diem, or expenses from the member's agency for the member's service may receive per
             2222      diem and expenses incurred in the performance of the member's official duties at the rates
             2223      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2224          [(ii) A state government officer and employee member may decline to receive per diem
             2225      and expenses for the member's service.]
             2226          (8) A member may not receive compensation or benefits for the member's service, but
             2227      may receive per diem and travel expenses in accordance with:
             2228          (a) Section 63A-3-106 ;


             2229          (b) Section 63A-3-107 ; and
             2230          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2231      63A-3-107 .
             2232          (9) The department shall provide necessary staff support to the advisory board.
             2233          Section 40. Section 13-35-103 is amended to read:
             2234           13-35-103. Utah Powersport Vehicle Franchise Advisory Board -- Creation --
             2235      Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of interest.
             2236          (1) There is created within the department the Utah Powersport Vehicle Franchise
             2237      Advisory Board that consists of:
             2238          (a) the executive director or the executive director's designee; and
             2239          (b) six members appointed by the executive director, with the concurrence of the
             2240      governor, as follows:
             2241          (i) three new powersport vehicle franchisees, one from each of the three congressional
             2242      districts in the state; and
             2243          (ii) (A) three members representing powersport vehicle franchisors registered by the
             2244      department pursuant to Section 13-35-105 ;
             2245          (B) three members of the general public, none of whom shall be related to any
             2246      franchisee; or
             2247          (C) three members consisting of any combination of these representatives under this
             2248      Subsection (1)(b)(ii).
             2249          (2) (a) The executive director shall also appoint, with the concurrence of the governor,
             2250      three alternate members, with at least one alternate from each of the designations set forth in
             2251      Subsections (1)(b)(i) and (1)(b)(ii), except that the new powersport vehicle franchisee alternate
             2252      or alternates for the designation under Subsection (1)(b)(i) may be from any congressional
             2253      district.
             2254          (b) An alternate shall take the place of a regular advisory board member from the same
             2255      designation at a meeting of the advisory board where that regular advisory board member is
             2256      absent or otherwise disqualified from participating in the advisory board meeting.
             2257          (3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)
             2258      shall be appointed for a term of four years.
             2259          (ii) No specific term shall apply to the executive director or the executive director's


             2260      designee.
             2261          (b) The executive director may adjust the term of members who were appointed to the
             2262      advisory board prior to July 1, 2002, by extending the unexpired term of a member for up to
             2263      two additional years in order to insure that approximately half of the members are appointed
             2264      every two years.
             2265          (c) In the event of a vacancy on the advisory board of a member appointed under
             2266      Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall
             2267      appoint an individual to complete the unexpired term of the member whose office is vacant.
             2268          (d) A member may not be appointed to more than two consecutive terms.
             2269          (4) (a) The executive director or the executive director's designee shall be the chair of
             2270      the advisory board.
             2271          (b) The department shall keep a record of all hearings, proceedings, transactions,
             2272      communications, and recommendations of the advisory board.
             2273          (5) (a) Four or more members of the advisory board constitute a quorum for the
             2274      transaction of business.
             2275          (b) The action of a majority of a quorum present is considered the action of the
             2276      advisory board.
             2277          (6) (a) A member of the advisory board may not participate as a board member in a
             2278      proceeding or hearing:
             2279          (i) involving the member's business or employer; or
             2280          (ii) when a member, a member's business, family, or employer has a pecuniary interest
             2281      in the outcome or other conflict of interest concerning an issue before the advisory board.
             2282          (b) If a member of the advisory board is disqualified under Subsection (6)(a), the
             2283      executive director shall select the appropriate alternate member to act on the issue before the
             2284      advisory board as provided in Subsection (2).
             2285          (7) Except for the executive director or the executive director's designee, an individual
             2286      may not be appointed or serve on the advisory board while holding any other elective or
             2287      appointive state or federal office.
             2288          [(8) (a) (i) A member of the advisory board who is not a government employee shall
             2289      receive no compensation or benefits for the member's services, but may receive per diem and
             2290      expenses incurred in the performance of the member's official duties at the rates established by


             2291      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2292          [(ii) A member may decline to receive per diem and expenses for the member's
             2293      services.]
             2294          [(b) (i) A state government officer or employee member who does not receive salary,
             2295      per diem, or expenses from the member's agency for the member's service may receive per
             2296      diem and expenses incurred in the performance of the member's official duties at the rates
             2297      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2298          [(ii) A state government officer or employee member may decline to receive per diem
             2299      and expenses for the member's service.]
             2300          (8) A member may not receive compensation or benefits for the member's service, but
             2301      may receive per diem and travel expenses in accordance with:
             2302          (a) Section 63A-3-106 ;
             2303          (b) Section 63A-3-107 ; and
             2304          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2305      63A-3-107 .
             2306          (9) The department shall provide necessary staff support to the advisory board.
             2307          Section 41. Section 13-43-202 is amended to read:
             2308           13-43-202. Land Use and Eminent Domain Advisory Board -- Appointment --
             2309      Compensation -- Duties.
             2310          (1) There is created the Land Use and Eminent Domain Advisory Board, within the
             2311      Office of the Property Rights Ombudsman, consisting of the following seven members:
             2312          (a) one individual representing special service districts, nominated by the Utah
             2313      Association of Special Districts;
             2314          (b) one individual representing municipal government, nominated by the Utah League
             2315      of Cities and Towns;
             2316          (c) one individual representing county government, nominated by the Utah Association
             2317      of Counties;
             2318          (d) one individual representing the residential construction industry, nominated by the
             2319      Utah Home Builders Association;
             2320          (e) one individual representing the real estate industry, nominated by the Utah
             2321      Association of Realtors;


             2322          (f) one individual representing the land development community, jointly nominated by
             2323      the Utah Association of Realtors and the Home Builders Association of Utah; and
             2324          (g) one individual who:
             2325          (i) is a citizen with experience in land use issues;
             2326          (ii) does not hold public office; and
             2327          (iii) is not currently employed, nor has been employed in the previous 12 months, by
             2328      any of the entities or industries listed in Subsections (1)(a) through (f).
             2329          (2) After receiving nominations, the governor shall appoint members to the board.
             2330          (3) The term of office of each member is four years, except that the governor shall
             2331      appoint three of the members of the board to an initial two-year term.
             2332          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
             2333      an appointment under Subsections (1) and (2).
             2334          (5) (a) Board members shall elect a chair from their number and establish rules for the
             2335      organization and operation of the board.
             2336          (b) Five members of the board constitute a quorum for the conduct of the board's
             2337      business.
             2338          (c) The affirmative vote of five members is required to constitute the decision of the
             2339      board on any matter.
             2340          [(6) (a) No member may receive compensation or benefits for the member's service on
             2341      the board.]
             2342          [(b) (i) A member who is not a government officer or employee may be reimbursed for
             2343      reasonable expenses incurred in the performance of the member's official duties at the rates
             2344      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2345          [(ii) A member who is a government officer or employee and who does not receive
             2346      expenses from the member's agency may be reimbursed for reasonable expenses incurred in the
             2347      performance of the member's official duties at the rates established by the Division of Finance
             2348      under Sections 63A-3-106 and 63A-3-107 .]
             2349          [(c) A member may decline to be reimbursed for reasonable expenses incurred in the
             2350      performance of the member's official duties.]
             2351          (6) A member may not receive compensation or benefits for the member's service, but
             2352      may receive per diem and travel expenses in accordance with:


             2353          (a) Section 63A-3-106 ;
             2354          (b) Section 63A-3-107 ; and
             2355          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2356      63A-3-107 .
             2357          [(d)] (7) A member need not give a bond for the performance of official duties.
             2358          [(7)] (8) The Office of the Property Rights Ombudsman shall provide staff to the
             2359      board.
             2360          [(8)] (9) The board shall:
             2361          (a) receive reports from the Office of the Property Rights Ombudsman that are
             2362      requested by the board;
             2363          (b) establish rules of conduct and performance for the Office of the Property Rights
             2364      Ombudsman;
             2365          (c) receive donations or contributions from any source for the Office of the Property
             2366      Rights Ombudsman's benefit;
             2367          (d) subject to any restriction placed on a donation or contribution received under
             2368      Subsection [(8)] (9)(c), authorize the expenditure of donations or contributions for the Office
             2369      of the Property Rights Ombudsman's benefit;
             2370          (e) receive budget recommendations from the Office of the Property Rights
             2371      Ombudsman; and
             2372          (f) revise budget recommendations received under Subsection [(8)] (9)(e).
             2373          [(9)] (10) The board shall maintain a resource list of qualified arbitrators and mediators
             2374      who may be appointed under Section 13-43-204 and qualified persons who may be appointed
             2375      to render advisory opinions under Section 13-43-205 .
             2376          Section 42. Section 17-36-5 is amended to read:
             2377           17-36-5. Creation of Citizens and County Officials Advisory Committee.
             2378          (1) For the purpose of this act there is created a Citizens and County Officials Advisory
             2379      Committee appointed by the state auditor composed of the following persons:
             2380          (a) five county auditors elected to that specific and exclusive position;
             2381          (b) five county treasurers elected to that specific and exclusive position;
             2382          (c) two citizens with expertise in the area of local government and the needs and
             2383      problems of such government;


             2384          (d) four additional elected county officers, one of whom shall be from the five largest
             2385      counties in the state and one of whom shall be from the five smallest counties in the state; and
             2386          (e) such other members as the auditor considers appropriate.
             2387          (2) (a) Except as required by Subsection (2)(b), the terms of committee members shall
             2388      be four years each.
             2389          (b) Notwithstanding the requirements of Subsection (2)(a), the state auditor shall, at the
             2390      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2391      committee members are staggered so that approximately half of the committee is appointed
             2392      every two years.
             2393          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
             2394      appointed for the unexpired term.
             2395          [(4) (a) (i) Members who are not government employees shall receive no compensation
             2396      or benefits for their services, but may receive per diem and expenses incurred in the
             2397      performance of the member's official duties at the rates established by the Division of Finance
             2398      under Sections 63A-3-106 and 63A-3-107 .]
             2399          [(ii) Members may decline to receive per diem and expenses for their service.]
             2400          [(b) (i) State government officer and employee members who do not receive salary, per
             2401      diem, or expenses from their agency for their service may receive per diem and expenses
             2402      incurred in the performance of their official duties from the committee at the rates established
             2403      by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2404          [(ii) State government officer and employee members may decline to receive per diem
             2405      and expenses for their service.]
             2406          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             2407      from the entity that they represent for their service may receive per diem and expenses incurred
             2408      in the performance of their official duties at the rates established by the Division of Finance
             2409      under Sections 63A-3-106 and 63A-3-107 .]
             2410          [(ii) Local government members may decline to receive per diem and expenses for
             2411      their service.]
             2412          (4) A member may not receive compensation or benefits for the member's service, but
             2413      may receive per diem and travel expenses in accordance with:
             2414          (a) Section 63A-3-106 ;


             2415          (b) Section 63A-3-107 ; and
             2416          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2417      63A-3-107 .
             2418          (5) The advisory committee shall assist, advise, and make recommendations to the
             2419      state auditor in the preparation of a uniform system of county budgeting, accounting, and
             2420      reporting.
             2421          Section 43. Section 17B-1-307 is amended to read:
             2422           17B-1-307. Annual compensation -- Per diem compensation -- Participation in
             2423      group insurance plan -- Reimbursement of expenses.
             2424          (1) (a) Except as provided in Subsection 17B-1-308 (1)(e), a member of a board of
             2425      trustees may receive compensation for service on the board, as determined by the board of
             2426      trustees.
             2427          (b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
             2428      year.
             2429          (c) (i) As determined by the board of trustees, a member of the board of trustees may
             2430      participate in a group insurance plan provided to employees of the local district on the same
             2431      basis as employees of the local district.
             2432          (ii) The amount that the local district pays to provide a member with coverage under a
             2433      group insurance plan shall be included as part of the member's compensation for purposes of
             2434      Subsection (1)(b).
             2435          [(2) (a) As determined by the board of trustees, a member of a board of trustees may
             2436      receive per diem compensation, in addition to the compensation provided in Subsection (1), for
             2437      attendance at up to 12 meetings or activities per year related to any district business.]
             2438          [(b) The amount of per diem compensation under Subsection (2)(a) shall be as
             2439      established by the Division of Finance for policy boards, advisory boards, councils, or
             2440      committees within state government.]
             2441          [(3) In addition to any compensation a member receives under this section, each
             2442      member of a board of trustees shall be reimbursed by the local district for all actual and
             2443      necessary expenses incurred in attending board meetings and in performing the member's
             2444      official duties.]
             2445          (2) In addition to the compensation provided under Subsection (1), the board of


             2446      trustees may elect to allow a member to receive per diem and travel expenses for up to 12
             2447      meetings or activities per year in accordance with:
             2448          (a) Section 63A-3-106 ;
             2449          (b) Section 63A-3-107 ; and
             2450          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2451      63A-3-107 .
             2452          Section 44. Section 19-2-103 is amended to read:
             2453           19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
             2454      and expenses.
             2455          (1) The board comprises 11 members, one of whom shall be the executive director and
             2456      10 of whom shall be appointed by the governor with the consent of the Senate.
             2457          (2) The members shall be knowledgeable of air pollution matters and shall be:
             2458          (a) a practicing physician and surgeon licensed in the state not connected with industry;
             2459          (b) a registered professional engineer who is not from industry;
             2460          (c) a representative from municipal government;
             2461          (d) a representative from county government;
             2462          (e) a representative from agriculture;
             2463          (f) a representative from the mining industry;
             2464          (g) a representative from manufacturing;
             2465          (h) a representative from the fuel industry; and
             2466          (i) two representatives of the public not representing or connected with industry, at
             2467      least one of whom represents organized environmental interests.
             2468          (3) No more than five of the appointed members shall belong to the same political
             2469      party.
             2470          (4) The majority of the members may not derive any significant portion of their income
             2471      from persons subject to permits or orders under this chapter. Any potential conflict of interest
             2472      of any member or the executive secretary, relevant to the interests of the board, shall be
             2473      adequately disclosed.
             2474          (5) Members serving on the Air Conservation Committee created by Laws of Utah
             2475      1981, Chapter 126, as amended, shall serve as members of the board throughout the terms for
             2476      which they were appointed.


             2477          (6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term
             2478      of four years.
             2479          (b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the
             2480      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2481      board members are staggered so that approximately half of the board is appointed every two
             2482      years.
             2483          (7) A member may serve more than one term.
             2484          (8) A member shall hold office until the expiration of the member's term and until the
             2485      member's successor is appointed, but not more than 90 days after the expiration of the
             2486      member's term.
             2487          (9) When a vacancy occurs in the membership for any reason, the replacement shall be
             2488      appointed for the unexpired term.
             2489          (10) The board shall elect annually a chair and a vice chair from its members.
             2490          (11) (a) The board shall meet at least quarterly, and special meetings may be called by
             2491      the chair upon his own initiative, upon the request of the executive secretary, or upon the
             2492      request of three members of the board.
             2493          (b) Three days' notice shall be given to each member of the board prior to any meeting.
             2494          (12) Six members constitute a quorum at any meeting, and the action of a majority of
             2495      members present is the action of the board.
             2496          [(13) (a) (i) A member who is not a government employee shall receive no
             2497      compensation or benefits for the member's services, but may receive per diem and expenses
             2498      incurred in the performance of the member's official duties at the rates established by the
             2499      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2500          [(ii) A member may decline to receive per diem and expenses for the member's
             2501      service.]
             2502          [(b) (i) A state government officer and employee member who does not receive salary,
             2503      per diem, or expenses from the agency the member represents for the member's service may
             2504      receive per diem and expenses incurred in the performance of the member's official duties from
             2505      the board at the rates established by the Division of Finance under Sections 63A-3-106 and
             2506      63A-3-107 .]
             2507          [(ii) A state government officer and employee member may decline to receive per diem


             2508      and expenses for the member's service.]
             2509          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2510      from the entity that the member represents for the member's service may receive per diem and
             2511      expenses incurred in the performance of the member's official duties at the rates established by
             2512      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2513          [(ii) A local government member may decline to receive per diem and expenses for the
             2514      member's service.]
             2515          (13) A member may not receive compensation or benefits for the member's service, but
             2516      may receive per diem and travel expenses in accordance with:
             2517          (a) Section 63A-3-106 ;
             2518          (b) Section 63A-3-107 ; and
             2519          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2520      63A-3-107 .
             2521          Section 45. Section 19-2-109.2 is amended to read:
             2522           19-2-109.2. Small business assistance program.
             2523          (1) The board shall establish a small business stationary source technical and
             2524      environmental compliance assistance program that conforms with Title V of the 1990 Clean
             2525      Air Act to assist small businesses to comply with state and federal air pollution laws.
             2526          (2) There is created the Compliance Advisory Panel to advise and monitor the program
             2527      created in Subsection (1). The seven panel members are:
             2528          (a) two members who are not owners or representatives of owners of small business
             2529      stationary air pollution sources, selected by the governor to represent the general public;
             2530          (b) four members who are owners or who represent owners of small business stationary
             2531      sources selected by leadership of the Utah Legislature as follows:
             2532          (i) one member selected by the majority leader of the Senate;
             2533          (ii) one member selected by the minority leader of the Senate;
             2534          (iii) one member selected by the majority leader of the House of Representatives; and
             2535          (iv) one member selected by the minority leader of the House of Representatives; and
             2536          (c) one member selected by the executive director to represent the Division of Air
             2537      Quality, Department of Environmental Quality.
             2538          (3) (a) Except as required by Subsection (3)(b), as terms of current panel members


             2539      expire, the department shall appoint each new member or reappointed member to a four-year
             2540      term.
             2541          (b) Notwithstanding the requirements of Subsection (3)(a), the department shall, at the
             2542      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2543      panel members are staggered so that approximately half of the panel is appointed every two
             2544      years.
             2545          (4) Members may serve more than one term.
             2546          (5) Members shall hold office until the expiration of their terms and until their
             2547      successors are appointed, but not more than 90 days after the expiration of their terms.
             2548          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             2549      appointed for the unexpired term.
             2550          (7) Every two years, the panel shall elect a chair from its members.
             2551          (8) (a) The panel shall meet as necessary to carry out its duties. Meetings may be called
             2552      by the chair, the executive secretary, or upon written request of three of the members of the
             2553      panel.
             2554          (b) Three days' notice shall be given to each member of the panel prior to a meeting.
             2555          (9) Four members constitute a quorum at any meeting, and the action of the majority of
             2556      members present is the action of the panel.
             2557          [(10) (a) (i) Members who are not government employees shall receive no
             2558      compensation or benefits for their services, but may receive per diem and expenses incurred in
             2559      the performance of the member's official duties at the rates established by the Division of
             2560      Finance under Sections 63A-3-106 and 63A-3-107 .]
             2561          [(ii) Members may decline to receive per diem and expenses for their service.]
             2562          [(b) (i) State government officer and employee members who do not receive salary, per
             2563      diem, or expenses from their agency for their service may receive per diem and expenses
             2564      incurred in the performance of their official duties from the panel at the rates established by the
             2565      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2566          [(ii) State government officer and employee members may decline to receive per diem
             2567      and expenses for their service.]
             2568          [(c) Legislators on the committee shall receive compensation and expenses as provided
             2569      by law and legislative rule.]


             2570          (10) A member may not receive compensation or benefits for the member's service, but
             2571      may receive per diem and travel expenses in accordance with:
             2572          (a) Section 63A-3-106 ;
             2573          (b) Section 63A-3-107 ; and
             2574          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2575      63A-3-107 .
             2576          Section 46. Section 19-3-103 is amended to read:
             2577           19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per
             2578      diem and expenses.
             2579          (1) The board created under Section 19-1-106 comprises 13 members, one of whom
             2580      shall be the executive director, or his designee, and the remainder of whom shall be appointed
             2581      by the governor with the consent of the Senate.
             2582          (2) No more than six appointed members shall be from the same political party.
             2583          (3) The appointed members shall be knowledgeable about radiation protection and
             2584      shall be as follows:
             2585          (a) one physician;
             2586          (b) one dentist;
             2587          (c) one health physicist or other professional employed in the field of radiation safety;
             2588          (d) three representatives of regulated industry, at least one of whom represents the
             2589      radioactive waste management industry, and at least one of whom represents the uranium
             2590      milling industry;
             2591          (e) one registrant or licensee representative from academia;
             2592          (f) one representative of a local health department;
             2593          (g) one elected county official; and
             2594          (h) three members of the general public, at least one of whom represents organized
             2595      environmental interests.
             2596          (4) (a) Except as required by Subsection (4)(b), as terms of current board members
             2597      expire, the governor shall appoint each new member or reappointed member to a four-year
             2598      term.
             2599          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
             2600      time of appointment or reappointment, adjust the length of terms to ensure that the terms of


             2601      board members are staggered so that approximately half of the board is appointed every two
             2602      years.
             2603          (5) Each board member is eligible for reappointment to more than one term.
             2604          (6) Each board member shall continue in office until the expiration of his term and
             2605      until a successor is appointed, but not more than 90 days after the expiration of his term.
             2606          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             2607      appointed for the unexpired term by the governor, after considering recommendations by the
             2608      department and with the consent of the Senate.
             2609          (8) The board shall annually elect a chair and vice chair from its members.
             2610          (9) The board shall meet at least quarterly. Other meetings may be called by the chair,
             2611      by the executive secretary, or upon the request of three members of the board.
             2612          (10) Reasonable notice shall be given each member of the board prior to any meeting.
             2613          (11) Seven members constitute a quorum. The action of a majority of the members
             2614      present is the action of the board.
             2615          [(12) (a) (i) Members who are not government employees receive no compensation or
             2616      benefits for their services, but may receive per diem and expenses incurred in the performance
             2617      of the member's official duties at the rates established by the Division of Finance under
             2618      Sections 63A-3-106 and 63A-3-107 .]
             2619          [(ii) Members may decline to receive per diem and expenses for their service.]
             2620          [(b) (i) State government officer and employee members who do not receive salary, per
             2621      diem, or expenses from their agency for their service may receive per diem and expenses
             2622      incurred in the performance of their official duties from the board at the rates established by the
             2623      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2624          [(ii) State government officer and employee members may decline to receive per diem
             2625      and expenses for their service.]
             2626          [(c) (i) Local government members who do not receive salary, per diem, or expenses
             2627      from the entity that they represent for their service may receive per diem and expenses incurred
             2628      in the performance of their official duties at the rates established by the Division of Finance
             2629      under Sections 63A-3-106 and 63A-3-107 .]
             2630          [(ii) Local government members may decline to receive per diem and expenses for
             2631      their service.]


             2632          (12) A member may not receive compensation or benefits for the member's service, but
             2633      may receive per diem and travel expenses in accordance with:
             2634          (a) Section 63A-3-106 ;
             2635          (b) Section 63A-3-107 ; and
             2636          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2637      63A-3-107 .
             2638          Section 47. Section 19-4-103 is amended to read:
             2639           19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
             2640      diem and expenses.
             2641          (1) The board created under Section 19-1-106 comprises 11 members, one of whom is
             2642      the executive director and the remainder of whom shall be appointed by the governor with the
             2643      consent of the Senate.
             2644          (2) No more than five appointed members shall be from the same political party.
             2645          (3) The appointed members shall be knowledgeable about drinking water and public
             2646      water systems and shall represent different geographical areas within the state insofar as
             2647      practicable.
             2648          (4) The 10 appointed members shall be appointed from the following areas:
             2649          (a) two elected officials of municipal government or their representatives involved in
             2650      management or operation of public water systems;
             2651          (b) two representatives of improvement districts, water conservancy districts, or
             2652      metropolitan water districts;
             2653          (c) one representative from an industry which manages or operates a public water
             2654      system;
             2655          (d) one registered professional engineer with expertise in civil or sanitary engineering;
             2656          (e) one representative from the state water research community or from an institution
             2657      of higher education which has comparable expertise in water research;
             2658          (f) two representatives of the public who do not represent other interests named in this
             2659      section and who do not receive, and have not received during the past two years, a significant
             2660      portion of their income, directly or indirectly, from suppliers; and
             2661          (g) one representative from a local health department.
             2662          (5) (a) Members of the Utah Safe Drinking Water Committee created by Laws of Utah


             2663      1981, Chapter 126, shall serve as members of the board throughout the terms for which they
             2664      were appointed.
             2665          (b) Except as required by Subsection (5)(c), as terms of current board members expire,
             2666      the governor shall appoint each new member or reappointed member to a four-year term.
             2667          (c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the
             2668      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2669      board members are staggered so that approximately half of the board is appointed every two
             2670      years.
             2671          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
             2672      appointed for the unexpired term.
             2673          (7) Each member holds office until the expiration of the member's term, and until a
             2674      successor is appointed, but not for more than 90 days after the expiration of the term.
             2675          (8) The board shall elect annually a chair and a vice chair from its members.
             2676          (9) (a) The board shall meet at least quarterly.
             2677          (b) Special meetings may be called by the chair upon his own initiative, upon the
             2678      request of the executive secretary, or upon the request of three members of the board.
             2679          (c) Reasonable notice shall be given each member of the board prior to any meeting.
             2680          (10) Six members constitute a quorum at any meeting and the action of the majority of
             2681      the members present is the action of the board.
             2682          [(11) (a) (i) A member who is not a government employee shall receive no
             2683      compensation or benefits for the member's services, but may receive per diem and expenses
             2684      incurred in the performance of the member's official duties at the rates established by the
             2685      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2686          [(ii) A member may decline to receive per diem and expenses for the member's
             2687      service.]
             2688          [(b) (i) A state government officer and employee member who does not receive salary,
             2689      per diem, or expenses from the agency the member represents for the member's service may
             2690      receive per diem and expenses incurred in the performance of the member's official duties from
             2691      the board at the rates established by the Division of Finance under Sections 63A-3-106 and
             2692      63A-3-107 .]
             2693          [(ii) A state government officer and employee member may decline to receive per diem


             2694      and expenses for the member's service.]
             2695          [(c) (i) A local government member who does not receive salary, per diem, or expenses
             2696      from the entity that the member represents for the member's service may receive per diem and
             2697      expenses incurred in the performance of the member's official duties at the rates established by
             2698      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2699          [(ii) A local government member may decline to receive per diem and expenses for the
             2700      member's service.]
             2701          (11) A member may not receive compensation or benefits for the member's service, but
             2702      may receive per diem and travel expenses in accordance with:
             2703          (a) Section 63A-3-106 ;
             2704          (b) Section 63A-3-107 ; and
             2705          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2706      63A-3-107 .
             2707          Section 48. Section 19-5-103 is amended to read:
             2708           19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
             2709      Organization -- Meetings -- Per diem and expenses.
             2710          (1) The board comprises the executive director and 11 members appointed by the
             2711      governor with the consent of the Senate.
             2712          (2) No more than six of the appointed members may be from the same political party.
             2713          (3) The appointed members, insofar as practicable, shall include the following:
             2714          (a) one member representing the mineral industry;
             2715          (b) one member representing the food processing industry;
             2716          (c) one member representing another manufacturing industry;
             2717          (d) two members who are officials of a municipal government or the officials'
             2718      representative involved in the management or operation of a wastewater treatment facility;
             2719          (e) one member representing agricultural and livestock interests;
             2720          (f) one member representing fish, wildlife, and recreation interests;
             2721          (g) one member representing an improvement or special service district;
             2722          (h) two members at large, one of whom represents organized environmental interests,
             2723      selected with due consideration of the areas of the state affected by water pollution and not
             2724      representing other interests named in this Subsection (3); and


             2725          (i) one member representing a local health department.
             2726          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
             2727      appointed for the unexpired term with the consent of the Senate.
             2728          (5) (a) Except as required by Subsection (5)(b), a member shall be appointed for a term
             2729      of four years and is eligible for reappointment.
             2730          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
             2731      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2732      board members are staggered so that approximately half of the board is appointed every two
             2733      years.
             2734          (6) A member shall hold office until the expiration of the member's term and until the
             2735      member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
             2736          (7) The board shall:
             2737          (a) organize and annually select one of its members as chair and one of its members as
             2738      vice chair;
             2739          (b) hold at least four regular meetings each calendar year; and
             2740          (c) keep minutes of its proceedings which are open to the public for inspection.
             2741          (8) The chair may call a special meeting upon the request of three or more members of
             2742      the board.
             2743          (9) Each member of the board and the executive secretary shall be notified of the time
             2744      and place of each meeting.
             2745          (10) Seven members of the board constitute a quorum for the transaction of business,
             2746      and the action of a majority of members present is the action of the board.
             2747          [(11) (a) A member who is not a government employee may not receive compensation
             2748      or benefits for the member's service, but may receive per diem and expenses incurred in the
             2749      performance of the member's official duties at the rates established by the Division of Finance
             2750      under Sections 63A-3-106 and 63A-3-107 .]
             2751          [(b) A member may decline to receive per diem and expenses for the member's service.]
             2752          [(c) A local government member who does not receive salary, per diem, or expenses
             2753      from the entity that the member represents for the member's service may receive per diem and
             2754      expenses incurred in the performance of the member's official duties at the rates established by
             2755      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]


             2756          [(d) A local government member may decline to receive per diem and expenses for the
             2757      member's service.]
             2758          (11) A member may not receive compensation or benefits for the member's service, but
             2759      may receive per diem and travel expenses in accordance with:
             2760          (a) Section 63A-3-106 ;
             2761          (b) Section 63A-3-107 ; and
             2762          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2763      63A-3-107 .
             2764          Section 49. Section 19-6-103 is amended to read:
             2765           19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
             2766      Organization -- Meetings -- Per diem and expenses.
             2767          (1) The Solid and Hazardous Waste Control Board created by Section 19-1-106
             2768      comprises the executive director and 12 members appointed by the governor with the consent
             2769      of the Senate.
             2770          (2) The appointed members shall be knowledgeable about solid and hazardous waste
             2771      matters and consist of:
             2772          (a) one representative of municipal government;
             2773          (b) one representative of county government;
             2774          (c) one representative of the manufacturing or fuel industry;
             2775          (d) one representative of the mining industry;
             2776          (e) one representative of the private solid waste disposal or solid waste recovery
             2777      industry;
             2778          (f) one registered professional engineer;
             2779          (g) one representative of a local health department;
             2780          (h) one representative of the hazardous waste disposal industry; and
             2781          (i) four representatives of the public, at least one of whom is a representative of
             2782      organized environmental interests.
             2783          (3) Not more than six of the appointed members may be from the same political party.
             2784          (4) (a) Except as required by Subsection (4)(b), members shall be appointed for terms
             2785      of four years each.
             2786          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the


             2787      time of appointment or reappointment, adjust the length of terms to ensure that the terms of
             2788      board members are staggered so that approximately half of the board is appointed every two
             2789      years.
             2790          (5) Each member is eligible for reappointment.
             2791          (6) Board members shall continue in office until the expiration of their terms and until
             2792      their successors are appointed, but not more than 90 days after the expiration of their terms.
             2793          (7) When a vacancy occurs in the membership for any reason, the replacement shall be
             2794      appointed for the unexpired term by the governor, after considering recommendations of the
             2795      board and with the consent of the Senate.
             2796          (8) The board shall elect a chair and vice chair on or before April 1 of each year from
             2797      its membership.
             2798          [(9) (a) (i) Members who are not government employees shall receive no compensation
             2799      or benefits for their services, but may receive per diem and expenses incurred in the
             2800      performance of the member's official duties at the rates established by the Division of Finance
             2801      under Sections 63A-3-106 and 63A-3-107 .]
             2802          [(ii) Members may decline to receive per diem and expenses for their service.]
             2803          [(b) (i) State government officer and employee members who do not receive salary, per
             2804      diem, or expenses from their agency for their service may receive per diem and expenses
             2805      incurred in the performance of their official duties from the board at the rates established by the
             2806      Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2807          [(ii) State government officer and employee members may decline to receive per diem
             2808      and expenses for their service.]
             2809          [(c) Legislators on the committee shall receive compensation and expenses as provided
             2810      by law and legislative rule.]
             2811          (9) A member may not receive compensation or benefits for the member's service, but
             2812      may receive per diem and travel expenses in accordance with:
             2813          (a) Section 63A-3-106 ;
             2814          (b) Section 63A-3-107 ; and
             2815          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2816      63A-3-107 .
             2817          (10) (a) The board shall hold a meeting at least once every three months including one


             2818      meeting during each annual general session of the Legislature.
             2819          (b) Meetings shall be held on the call of the chair, the executive secretary, or any three
             2820      of the members.
             2821          (11) Seven members constitute a quorum at any meeting, and the action of the majority
             2822      of members present is the action of the board.
             2823          Section 50. Section 19-9-104 is amended to read:
             2824           19-9-104. Creation of authority -- Members.
             2825          (1) (a) The authority comprises 10 members. If the requirements of Section 19-9-103
             2826      are met, the governor shall, with the consent of the Senate, appoint six members of the
             2827      authority from the public-at-large.
             2828          (b) The remaining four members of the authority are:
             2829          (i) the executive director of the Department of Environmental Quality;
             2830          (ii) the director of the Governor's Office of Economic Development or the director's
             2831      designee;
             2832          (iii) the executive director of the Department of Natural Resources; and
             2833          (iv) the executive director of the Department of Transportation.
             2834          (2) Public-at-large members, no more than three of whom shall be from the same
             2835      political party, shall be appointed to six-year terms of office, subject to removal by the
             2836      governor with or without cause.
             2837          (3) The governor shall name one public-at-large member as chairman of the authority
             2838      responsible for the call and conduct of authority meetings.
             2839          (4) The authority may elect other officers as necessary.
             2840          (5) Five members of the authority present at a properly noticed meeting constitute a
             2841      quorum for the transaction of official authority business.
             2842          [(6) Public-at-large members are entitled to per diem and expenses for each day
             2843      devoted to authority business at the rates established by the director of the Division of Finance
             2844      under Sections 63A-3-106 and 63A-3-107 .]
             2845          (6) A public-at-large member may not receive compensation or benefits for the
             2846      member's service, but may receive per diem and travel expenses in accordance with:
             2847          (a) Section 63A-3-106 ;
             2848          (b) Section 63A-3-107 ; and


             2849          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2850      63A-3-107 .
             2851          Section 51. Section 20A-5-402.7 is amended to read:
             2852           20A-5-402.7. Voting Equipment Selection Committee.
             2853          (1) As used in this section, "new voting equipment system" means voting equipment
             2854      that is operated in a materially different way or that functions in a materially different way than
             2855      the equipment being replaced.
             2856          (2) Before selecting or purchasing a new voting equipment system after January 1,
             2857      2007, the lieutenant governor shall:
             2858          (a) appoint a Voting Equipment Selection Committee; and
             2859          (b) ensure that the committee includes persons having experience in:
             2860          (i) election procedures and administration;
             2861          (ii) computer technology;
             2862          (iii) data security;
             2863          (iv) auditing; and
             2864          (v) access for persons with disabilities.
             2865          [(3) (a) (i) A member of the committee who is not a government employee shall
             2866      receive no compensation or benefits for the member's services, but may receive per diem and
             2867      expenses incurred in the performance of the member's official duties at the rates established by
             2868      the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2869          [(ii) A member may decline to receive per diem and expenses for the member's
             2870      services.]
             2871          [(b) (i) A state government officer or employee member who does not receive salary,
             2872      per diem, or expenses from the member's agency for the member's service may receive per
             2873      diem and expenses incurred in the performance of the member's official duties at the rates
             2874      established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             2875          [(ii) A state government officer or employee member may decline to receive per diem
             2876      for the member's service.]
             2877          (3) A member may not receive compensation or benefits for the member's service, but
             2878      may receive per diem and travel expenses in accordance with:
             2879          (a) Section 63A-3-106 ;


             2880          (b) Section 63A-3-107 ; and
             2881          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
             2882      63A-3-107 .
             2883          (4) The lieutenant governor shall select a chair from the committee membership.
             2884