S.B. 13 Enrolled

1

PER DIEM AND TRAVEL MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Kraig Powell
6
7 LONG TITLE
8 General Description:
9 This bill modifies per diem and travel expense provisions used for authorities, boards,
10 commissions, councils, and committees.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . replaces language used to describe per diem and travel expenses for members of
15 certain authorities, commissions, and councils with standardized language
16 referencing primary provisions for per diem and travel expenses;
17 . modifies provisions regarding per diem and travel expenses; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides an effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 9-3-502, as enacted by Laws of Utah 2010, Chapter 364
26 9-3-602, as enacted by Laws of Utah 2010, Chapter 152
27 32B-2-201 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
28 63A-3-106, as last amended by Laws of Utah 2009, Chapter 25
29 63A-3-107, as last amended by Laws of Utah 2009, Chapter 25

30 73-30-201, as enacted by Laws of Utah 2010, Chapter 141
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 9-3-502 is amended to read:
34 9-3-502. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
35 travel expenses.
36 (1) There is created an independent state agency and a body politic and corporate
37 known as the "Heber Valley Historic Railroad Authority."
38 (2) The authority shall be composed of eight members as follows:
39 (a) one member of the county legislative body of Wasatch County;
40 (b) the mayor of Heber City;
41 (c) the mayor of Midway;
42 (d) the executive director of the Department of Transportation or the executive
43 director's designee;
44 (e) the executive director of Parks and Recreation, or the executive director's designee;
45 (f) three public members appointed by the governor with the consent of the Senate,
46 being private citizens of the state, as follows:
47 (i) two people representing the tourism industry, one each from Wasatch and Utah
48 counties; and
49 (ii) one person representing the public at large.
50 (3) All members shall be residents of the state.
51 (4) (a) Except as required by Subsection (4)(b), the three public members shall be
52 appointed for four-year terms beginning July 1, 2010.
53 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
54 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
55 authority members are staggered so that approximately half of the authority is appointed every
56 two years.
57 (5) Any of the three public members may be removed from office by the governor or

58 for cause by an affirmative vote of any four members of the authority.
59 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
60 appointed for the unexpired term by the governor with consent of the Senate for the unexpired
61 term.
62 (7) Each public member shall hold office for the term of appointment and until a
63 successor has been appointed and qualified.
64 (8) Any public member is eligible for reappointment, but may not serve more than two
65 full consecutive terms.
66 (9) The governor shall appoint the chair of the authority from among its members.
67 (10) The members shall elect from among their number a vice chair and other officers
68 they may determine.
69 (11) The powers of the authority shall be vested in its members.
70 (12) Four members constitute a quorum for transaction of authority business. An
71 affirmative vote of at least four members is necessary for any action to be taken by the
72 authority.
73 [(13) (a) (i) Members who are not government employees shall receive no
74 compensation or benefits for their services, but may receive per diem and expenses incurred in
75 the performance of the member's official duties at the rates established by the Division of
76 Finance under Sections 63A-3-106 and 63A-3-107 .]
77 [(ii) Members may decline to receive per diem and expenses for their service.]
78 [(b) (i) State government officer and employee members who do not receive salary, per
79 diem, or expenses from their agency for their service may receive per diem and expenses
80 incurred in the performance of their official duties from the authority at the rates established by
81 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
82 [(ii) State government officer and employee members may decline to receive per diem
83 and expenses for their service.]
84 [(c) (i) Local government members who do not receive salary, per diem, or expenses
85 from the entity that they represent for their service may receive per diem and expenses incurred

86 in the performance of their official duties at the rates established by the Division of Finance
87 under Sections 63A-3-106 and 63A-3-107 .]
88 [(ii) Local government members may decline to receive per diem and expenses for
89 their service.]
90 (13) A member may not receive compensation or benefits for the member's service, but
91 may receive per diem and travel expenses in accordance with:
92 (a) Section 63A-3-106 ;
93 (b) Section 63A-3-107 ; and
94 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
95 63A-3-107 .
96 Section 2. Section 9-3-602 is amended to read:
97 9-3-602. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
98 travel expenses.
99 (1) There is created an independent body politic and corporate known as the "Utah
100 State Railroad Museum Authority," hereafter referred to in this part as "the authority."
101 (2) The authority is composed of 11 members as follows:
102 (a) one member of the county legislative body of Weber County appointed by that
103 legislative body;
104 (b) two members of the county legislative body of Box Elder County appointed by that
105 legislative body;
106 (c) the executive director of the Department of Transportation or the director's
107 designee; and
108 (d) seven public members appointed by the governor, as follows:
109 (i) two individuals representing the tourism industry, one each from Weber and Box
110 Elder Counties;
111 (ii) one individual representing the public at large; and
112 (iii) four individuals representing railroad historic and heritage preservation
113 organizations active in Weber and Box Elder Counties, as follows:

114 (A) one individual representing the Railroad and Locomotive Historical Society
115 Golden Spike Chapter;
116 (B) one individual representing the Golden Spike Heritage Foundation;
117 (C) one individual representing the Golden Spike Association; and
118 (D) one individual representing the Corinne Historical Society.
119 (3) All members shall be residents of the state.
120 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the seven
121 public members for four-year terms beginning July 1.
122 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
123 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
124 authority members appointed under Subsection (2)(d) are staggered so that approximately
125 one-half of the seven public members are appointed every two years.
126 (5) Any of the seven public members may be removed from office by the governor or
127 for cause by an affirmative vote of six members of the authority.
128 (6) When a vacancy occurs in the public membership for any reason, the governor shall
129 appoint a replacement for the unexpired term.
130 (7) Each public member shall hold office for the term of the member's appointment and
131 until a successor has been appointed and qualified.
132 (8) A public member is eligible for reappointment, but may not serve more than two
133 full consecutive terms.
134 (9) The governor shall appoint the chair of the authority from among its members.
135 (10) (a) The members shall elect from among their membership a vice chair and other
136 officers as they may determine.
137 (b) The officers serve as the executive committee for the authority.
138 (11) The powers of the authority are vested in its members.
139 (12) (a) Six members constitute a quorum for transaction of authority business.
140 (b) An affirmative vote of at least six members is necessary for an action to be taken
141 by the authority.

142 [(13) (a) A member who is not a government employee receives no compensation or
143 benefits for the member's services, but may receive per diem and expenses incurred in the
144 performance of the member's official duties at rates established by the Division of Finance
145 under Sections 63A-3-106 and 63A-3-107 .]
146 [(b) A state government officer or employee member who does not receive salary, per
147 diem, or expenses from the member's agency for the member's service may receive per diem
148 and expenses incurred in the performance of official duties from the authority at rates
149 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
150 [(c) A local government member who does not receive salary, per diem, or expenses
151 for the member's service from the entity that the member represents may receive per diem and
152 expenses incurred in the performance of the member's official duties at rates established by the
153 Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
154 [(d) A member may decline to receive per diem and expenses for the member's
155 services.]
156 (13) A member may not receive compensation or benefits for the member's service, but
157 may receive per diem and travel expenses in accordance with:
158 (a) Section 63A-3-106 ;
159 (b) Section 63A-3-107 ; and
160 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
161 63A-3-107 .
162 Section 3. Section 32B-2-201 (Effective 07/01/11) is amended to read:
163 32B-2-201 (Effective 07/01/11). Alcoholic Beverage Control Commission created
164 -- Per diem and travel expenses.
165 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
166 the governing board over the department.
167 (2) (a) The commission is composed of five part-time commissioners appointed by the
168 governor with the consent of the Senate.
169 (b) No more than three commissioners may be of the same political party.

170 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
171 governor shall appoint each new commissioner or reappointed commissioner to a four-year
172 term.
173 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
174 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
175 more than two commissioners expire in a fiscal year.
176 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
177 appoint a replacement for the unexpired term with the consent of the Senate.
178 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
179 the commission after the expiration of a term until a successor is appointed by the governor,
180 with the consent of the Senate.
181 (5) A commissioner shall take the oath of office.
182 (6) (a) The governor may remove a commissioner from the commission for cause after
183 a public hearing conducted by:
184 (i) the governor; or
185 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
186 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
187 shall provide the commissioner notice of:
188 (i) the date, time, and place of the hearing; and
189 (ii) the alleged grounds for the removal.
190 (c) The commissioner shall have an opportunity to:
191 (i) attend the hearing;
192 (ii) present witnesses and other evidence; and
193 (iii) confront and cross examine witnesses.
194 (d) After a hearing under this Subsection (6):
195 (i) the person conducting the hearing shall prepare written findings of fact and
196 conclusions of law; and
197 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the

198 commissioner.
199 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
200 examiner shall issue a written recommendation to the governor in addition to complying with
201 Subsection (6)(d).
202 (f) A commissioner has five days from the day on which the commissioner receives the
203 findings and conclusions described in Subsection (6)(d) to file written objections to the
204 recommendation before the governor issues a final order.
205 (g) The governor shall:
206 (i) issue the final order under this Subsection (6) in writing; and
207 (ii) serve the final order upon the commissioner.
208 [(7) (a) A commissioner may not receive compensation or benefits for the
209 commissioner's service, but may receive per diem and expenses incurred in the performance of
210 the commissioner's official duties at the rates established by the Division of Finance under
211 Sections 63A-3-106 and 63A-3-107 .]
212 [(b) A commissioner may decline to receive per diem and expenses for the
213 commissioner's service.]
214 (7) A commissioner may not receive compensation or benefits for the commissioner's
215 service, but may receive per diem and travel expenses in accordance with:
216 (a) Section 63A-3-106 ;
217 (b) Section 63A-3-107 ; and
218 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
219 63A-3-107 .
220 (8) (a) (i) The commission shall elect:
221 (A) one commissioner to serve as chair;
222 (B) another commissioner to serve as vice chair; and
223 (C) other commission officers as the commission considers advisable.
224 (ii) A commissioner shall serve in the office to which the commissioner is elected
225 under Subsection (8)(a)(i) at the pleasure of the commission.

226 (b) Each commissioner has equal voting rights on a commission matter when in
227 attendance at a commission meeting.
228 (c) Three commissioners is a quorum for conducting commission business.
229 (d) A majority vote of the quorum present at a meeting is required for the commission
230 to act.
231 (9) (a) The commission shall meet at least monthly, but may hold other meetings at
232 times and places as scheduled by:
233 (i) the commission;
234 (ii) the chair; or
235 (iii) three commissioners upon filing a written request for a meeting with the chair.
236 (b) Notice of the time and place of a commission meeting shall be given to each
237 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
238 Meetings Act. A commission meeting is open to the public, except for a commission meeting
239 or portion of a commission meeting that is closed by the commission as authorized by Sections
240 52-4-204 and 52-4-205 .
241 Section 4. Section 63A-3-106 is amended to read:
242 63A-3-106. Per diem rates for board members.
243 (1) As used in this section and Section 63A-3-107 :
244 (a) "Board" means a board, commission, council, committee, task force, or similar
245 body established to perform a governmental function.
246 (b) "Board member" means a person appointed or designated by statute to serve on a
247 board.
248 [(b)] (c) "Executive branch" means [all departments, divisions, agencies, boards, and
249 offices] a department, division, agency, board, or office within the executive branch of state
250 government.
251 [(c)] (d) "Governmental entity" has the same meaning as provided under Section
252 63G-2-103 .
253 [(d)] (e) "Higher education" means a state institution of higher education, as defined

254 under Section 53B-1-102 .
255 [(e)] (f) "Officer" means [a member of a board or] a person who is elected or appointed
256 to an office or position within a governmental entity.
257 (g) "Official meeting" means a meeting of a board that is called in accordance with
258 statute.
259 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
260 subject to approval by the executive director, the director of the Division of Finance shall make
261 rules establishing per diem rates to defray subsistence costs for a board member's attendance at
262 an official meeting [of a board of which the officer or employee is a member].
263 (3) Unless otherwise provided by statute, a per diem rate established under Subsection
264 (2) is applicable to a board member who serves:
265 (a) [is applicable to an officer or employee of] within the executive branch, except as
266 provided under Subsection (3)(b);
267 (b) [is applicable to an officer or employee of] within higher education, unless higher
268 education pays the costs of the per diem; [and]
269 (c) on a board that is:
270 (i) not included under Subsection (3)(a) or (b); and
271 (ii) created by a statute that adopts the per diem rates by reference to:
272 (A) this section; and
273 (B) the rule authorized by this section; and
274 [(c) may be applicable to an officer or employee of]
275 (d) within a government entity that is not included under Subsection (3)(a), if the
276 government entity adopts the per diem rates by reference to:
277 (i) this section; or
278 (ii) the rule establishing the per diem rates.
279 (4) (a) Unless otherwise provided by statute, a board member [of a board] may receive
280 per diem under this section and travel expenses under Section 63A-3-107 [when] if the per
281 diem and travel expenses are incurred by the board member for attendance at an official

282 meeting [of a board].
283 (b) Notwithstanding [the provisions of] Subsection (4)(a), a board member may not
284 receive per diem or travel expenses under this Subsection (4) if the board member is being paid
285 [as an officer or employee of] by a governmental entity while performing the board member's
286 service on the board.
287 (5) A board member [of a board] may decline to receive per diem for the board
288 member's service.
289 Section 5. Section 63A-3-107 is amended to read:
290 63A-3-107. Travel expenses of board members and state officers and employees.
291 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
292 subject to approval by the executive director, the director of the Division of Finance shall make
293 rules governing in-state and out-of-state travel expenses.
294 (2) Unless otherwise provided by statute, a travel expense rule established under
295 Subsection (1) is applicable to:
296 (a) [is applicable to] a board member, an officer, or employee of the executive branch,
297 except as provided under Subsection (2)(b);
298 (b) [is applicable to] a board member, an officer, or employee of higher education,
299 unless higher education pays the costs of the travel expenses; [and]
300 [(c) may be applicable to]
301 (c) a board member who:
302 (i) is not included under Subsection (2)(a) or (b); and
303 (ii) serves on a board created by a statute that adopts the travel expense rates by
304 reference to:
305 (A) this section; and
306 (B) the rule authorized by this section; and
307 (d) a government entity that is not included under Subsection (2)(a), if the government
308 entity adopts the travel expense provisions by reference to:
309 (i) this section; or

310 (ii) the rule establishing the travel expense provisions.
311 (3) The Division of Finance shall make the travel expense rules on the basis of:
312 (a) a mileage allowance; and
313 (b) reimbursement for other travel expenses incurred.
314 (4) The travel expense rules may specify an exception to a travel expense rule or allow
315 [modification] the director of the Division of Finance to make an exception to a travel expense
316 rule, when justified by the executive director of the executive branch agency or department, to
317 meet special circumstances encountered in official attendance at a conference, convention,
318 meeting, or other official business, as determined by the director of the Division of Finance.
319 (5) [(a)] An officer or employee of the executive branch may not incur obligations for
320 travel outside [Utah] the state without the advance approval [of the director of the Division of
321 Finance. (b) The director of the Division of Finance may delegate the authority to approve
322 travel outside the state to an] of the executive director or a designee of the executive director of
323 [a state] an executive branch department or agency.
324 [(c) The approval under Subsection (5)(a) or (b), shall include a certification as to the
325 availability of funds.]
326 (6) A board member [of a board] may decline to receive travel expenses for the board
327 member's service.
328 Section 6. Section 73-30-201 is amended to read:
329 73-30-201. Advisory council created -- Staffing -- Per diem and travel expenses.
330 (1) There is created an advisory council known as the "Great Salt Lake Advisory
331 Council" consisting of 11 members listed in Subsection (2).
332 (2) (a) The governor shall appoint the following members, with the consent of the
333 Senate:
334 (i) one representative of industry representing the extractive industry;
335 (ii) one representative of industry representing aquaculture;
336 (iii) one representative of conservation interests;
337 (iv) one representative of a migratory bird protection area as defined in Section

338 23-28-102 ;
339 (v) one representative who is an elected official from municipal government, or the
340 elected official's designee;
341 (vi) five representatives who are elected officials from county government, or the
342 elected official's designee, one each representing:
343 (A) Box Elder County;
344 (B) Davis County;
345 (C) Salt Lake County;
346 (D) Tooele County; and
347 (E) Weber County; and
348 (vii) one representative of a publicly owned treatment works.
349 (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
350 term.
351 (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
352 the governor shall adjust the length of terms of voting members to ensure that the terms of
353 council members are staggered so that approximately half of the council is appointed every two
354 years.
355 (c) When a vacancy occurs in the membership for any reason, the governor shall
356 appoint a replacement for the unexpired term with the consent of the Senate.
357 (d) A member shall hold office until the member's successor is appointed and qualified.
358 (4) The council shall determine:
359 (a) the time and place of meetings; and
360 (b) any other procedural matter not specified in this chapter.
361 (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
362 (b) A vote of the majority of the members present at a meeting when a quorum is
363 present constitutes an action of the council.
364 [(6) (a) (i) A member who is not a government employee may not receive
365 compensation or benefits for the member's services, but may receive per diem and expenses

366 incurred in the performance of the member's official duties at the rates established by the
367 Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
368 [(ii) A member who is not a government employee may decline to receive per diem and
369 expenses for the member's service.]
370 [(b) (i) A state government officer or employee member who does not receive salary,
371 per diem, or expenses from the member's agency for the member's service may receive per
372 diem and expenses incurred in the performance of the official duties from the council at the
373 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
374 [(ii) A state government officer or employee member may decline to receive per diem
375 and expenses for the member's service.]
376 [(c) (i) A local government member who does not receive salary, per diem, or expenses
377 from the entity that the member represents for the member's service may receive per diem and
378 expenses incurred in the performance of the member's official duties at the rates established by
379 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
380 [(ii) A local government member may decline to receive per diem and expenses for the
381 member's service.]
382 (6) A member may not receive compensation or benefits for the member's service, but
383 may receive per diem and travel expenses in accordance with:
384 (a) Section 63A-3-106 ;
385 (b) Section 63A-3-107 ; and
386 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
387 63A-3-107 .
388 (7) The Department of Natural Resources and the Department of Environmental
389 Quality shall coordinate and provide necessary staff assistance to the council.
390 Section 7. Effective date.
391 (1) Except as provided in Subsection (2), this bill takes effect on May 10, 2011.
392 (2) The amendments to Section 32B-2-201 (Effective 07/01/11) take effect on July 1,
393 2011.

394