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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions related to the membership requirements for certain state
12 entities.
13 Highlighted Provisions:
14 This bill:
15 ▸ removes the political party affiliation requirement for certain boards and
16 commissions; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-30-2, as last amended by Laws of Utah 2010, Chapter 286
25 7-1-203, as last amended by Laws of Utah 2013, Chapter 73
26 9-1-803, as last amended by Laws of Utah 2013, Chapter 38
27 11-38-201, as last amended by Laws of Utah 2013, Chapter 310
28 17-30a-202, as enacted by Laws of Utah 2014, Chapter 366
29 19-2-103, as last amended by Laws of Utah 2015, Chapter 154
30 19-4-103, as last amended by Laws of Utah 2012, Chapter 360
31 19-5-103, as last amended by Laws of Utah 2015, Chapter 234
32 19-6-103, as last amended by Laws of Utah 2015, Chapter 451
33 26-1-7.5, as last amended by Laws of Utah 2011, Chapter 297
34 26-33a-103, as last amended by Laws of Utah 2014, Chapter 118
35 32B-2-201, as last amended by Laws of Utah 2012, Chapter 365
36 34A-1-205, as last amended by Laws of Utah 2013, Chapter 428
37 35A-1-205, as last amended by Laws of Utah 2010, Chapter 286
38 36-12-20, as last amended by Laws of Utah 2014, Chapter 387
39 40-6-4, as last amended by Laws of Utah 2013, Chapter 243
40 51-7-16, as last amended by Laws of Utah 2010, Chapter 286
41 54-1-1.5, as last amended by Laws of Utah 2002, Chapter 176
42 54-10a-202, as last amended by Laws of Utah 2010, Chapter 286
43 62A-1-107, as last amended by Laws of Utah 2016, Chapter 300
44 63H-8-201, as renumbered and amended by Laws of Utah 2015, Chapter 226
45 63N-1-401, as renumbered and amended by Laws of Utah 2015, Chapter 283
46 63N-7-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
47 72-4-302, as last amended by Laws of Utah 2015, Chapter 258
48 72-11-202, as renumbered and amended by Laws of Utah 1999, Chapter 195
49 73-10-2, as last amended by Laws of Utah 2010, Chapter 286
50 79-3-302, as last amended by Laws of Utah 2010, Chapter 286
51 79-4-302, as last amended by Laws of Utah 2010, Chapter 286
52
53 Be it enacted by the Legislature of the state of Utah:
54 Section 1. Section 4-30-2 is amended to read:
55 4-30-2. Livestock Market Committee created -- Composition -- Terms -- Removal
56 -- Compensation -- Duties.
57 (1) There is created a Livestock Market Committee which consists of the following
58 seven members appointed to a four-year term of office by the commissioner:
59 (a) one member recommended by the livestock market operators in the state;
60 (b) one member recommended by the Utah Cattlemen's Association;
61 (c) one member recommended by the Utah Dairymen's Association;
62 (d) one member recommended by the Utah Woolgrowers' Association;
63 (e) one member recommended by the horse industry;
64 (f) one member recommended by the Utah Farm Bureau Federation; and
65 (g) one member recommended by the Utah Farmers Union.
66 (2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
67 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
68 committee members are staggered so that approximately half of the committee is appointed
69 every two years.
70 [
71 [
72 of the association or group which recommended the member's appointment.
73 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
74 appointed for the unexpired term.
75 [
76 who shall serve for a term of office of two years, but may be reelected for subsequent terms.
77 [
78 (b) Four members constitute a quorum for the transaction of official business.
79 [
80 but may receive per diem and travel expenses in accordance with:
81 (a) Section 63A-3-106;
82 (b) Section 63A-3-107; and
83 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
84 63A-3-107.
85 [
86 respect to the administration and enforcement of this chapter and makes recommendations
87 necessary to carry out the intent of this chapter to the commissioner.
88 Section 2. Section 7-1-203 is amended to read:
89 7-1-203. Board of Financial Institutions.
90 (1) There is created a Board of Financial Institutions consisting of the commissioner
91 and the following five members, who shall be qualified by training and experience in their
92 respective fields and shall be appointed by the governor with the consent of the Senate:
93 (a) one representative from the commercial banking business;
94 (b) one representative from the consumer lending, money services business, or escrow
95 agency business;
96 (c) one representative from the industrial bank business;
97 (d) one representative from the credit union business; and
98 (e) one representative of the general public who, as a result of education, training,
99 experience, or interest, is well qualified to consider economic and financial issues and data as
100 they may affect the public interest in the soundness of the financial systems of this state.
101 (2) The commissioner shall act as chair.
102 (3) (a) A member of the board shall be a resident of this state.
103 [
104 [
105 financial institution or its holding company.
106 [
107 which the member has a conflict of interest.
108 (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
109 each expiring on July 1.
110 (b) The governor shall, at the time of appointment or reappointment, adjust the length
111 of terms to ensure that the terms of board members are staggered so that approximately half of
112 the board is appointed every two years.
113 (c) A member serves until the member's successor is appointed and qualified.
114 (d) When a vacancy occurs in the membership for any reason, the governor shall
115 appoint a replacement for the unexpired term.
116 (5) (a) The board shall meet at least quarterly on a date the board sets.
117 (b) The commissioner or any two members of the board may call additional meetings.
118 (c) Four members constitute a quorum for the transaction of business.
119 (d) Actions of the board require a vote of a majority of those present when a quorum is
120 present.
121 (e) A meeting of the board and records of the board's proceedings are subject to Title
122 52, Chapter 4, Open and Public Meetings Act, except for discussion of confidential
123 information pertaining to a particular financial institution.
124 (6) (a) A member of the board shall, by sworn or written statement filed with the
125 commissioner, disclose any position of employment or ownership interest that the member has
126 with respect to any institution subject to the jurisdiction of the department.
127 (b) The member shall:
128 (i) file the statement required by this Subsection (6) when first appointed to the board;
129 and
130 (ii) subsequently file amendments to the statement if there is any material change in the
131 matters covered by the statement.
132 (7) A member may not receive compensation or benefits for the member's service, but
133 may receive per diem and travel expenses in accordance with:
134 (a) Section 63A-3-106;
135 (b) Section 63A-3-107; and
136 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
137 63A-3-107.
138 (8) The board shall advise the commissioner with respect to:
139 (a) the exercise of the commissioner's duties, powers, and responsibilities under this
140 title; and
141 (b) the organization and performance of the department and its employees.
142 (9) The board shall recommend annually to the governor and the Legislature a budget
143 for the requirements of the department in carrying out its duties, functions, and responsibilities
144 under this title.
145 Section 3. Section 9-1-803 is amended to read:
146 9-1-803. Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
147 and expenses.
148 (1) There is created the Utah Commission on Service and Volunteerism consisting of
149 19 voting members and one nonvoting member.
150 (2) The 19 voting members of the commission are:
151 (a) the lieutenant governor;
152 (b) the commissioner of higher education or the commissioner's designee;
153 (c) the state superintendent of public instruction or the superintendent's designee;
154 (d) the executive director of the Department of Heritage and Arts or the executive
155 director's designee;
156 (e) nine members appointed by the governor as follows:
157 (i) an individual with expertise in the educational, training, and developmental needs of
158 youth, particularly disadvantaged youth;
159 (ii) an individual with experience in promoting the involvement of older adults in
160 volunteer service;
161 (iii) a representative of a community-based agency or organization within the state;
162 (iv) a representative of local government;
163 (v) a representative of a local labor organization in the state;
164 (vi) a representative of business;
165 (vii) an individual between the ages of 16 and 25 who participates in a volunteer or
166 service program;
167 (viii) a representative of a national service program; and
168 (ix) a representative of the volunteer sector; and
169 (f) six members appointed by the governor from among the following groups:
170 (i) local educators;
171 (ii) experts in the delivery of human, educational, cultural, environmental, or public
172 safety services to communities and individuals;
173 (iii) representatives of Native American tribes;
174 (iv) representatives of organizations that assist out-of-school youth or other at-risk
175 youth; or
176 (v) representatives of entities that receive assistance under the Domestic Volunteer
177 Service Act of 1973, 42 U.S.C. 4950 et seq.
178 (3) The nonvoting member of the commission is the state representative of the
179 corporation.
180 (4) (a) In appointing persons to serve on the commission, the governor shall ensure
181 that[
182
183 government employees.
184 (b) In appointing persons to serve on the commission, the governor shall strive for
185 balance on the commission according to race, ethnicity, age, gender, and disability
186 characteristics.
187 (5) (a) Except as required by Subsection (5)(b), as terms of current commission
188 members expire, the governor shall appoint each new member or reappointed member to a
189 three-year term.
190 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
191 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
192 commission members are staggered so that approximately one-third of the commission is
193 appointed every year.
194 (6) When a vacancy occurs in the membership, the replacement shall be appointed for
195 the unexpired term.
196 (7) A member appointed by the governor may not serve more than two consecutive
197 terms.
198 (8) A member may not receive compensation or benefits for the member's service, but
199 may receive per diem and travel expenses in accordance with:
200 (a) Section 63A-3-106;
201 (b) Section 63A-3-107; and
202 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
203 63A-3-107.
204 Section 4. Section 11-38-201 is amended to read:
205 11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
206 Organization -- Expenses -- Staff.
207 (1) (a) There is created a Quality Growth Commission consisting of:
208 (i) the director of the Department of Natural Resources;
209 (ii) the commissioner of the Department of Agriculture and Food;
210 (iii) six elected officials at the local government level, three of whom may not be
211 residents of a county of the first or second class; and
212 [
213
214
215
216
217 (iv) five individuals from the profit or nonprofit private sector, including:
218 (A) two individuals who are residents of a county of the third, fourth, fifth, or sixth
219 class;
220 (B) one individual from the residential construction industry, nominated by the Utah
221 Home Builders Association; and
222 (C) one individual from the real estate industry, nominated by the Utah Association of
223 Realtors.
224 (b) (i) The director of the Department of Natural Resources and the commissioner of
225 the Department of Agriculture and Food may not assume their positions on the commission
226 until:
227 (A) after May 1, 2005; and
228 (B) the term of the respective predecessor in office, who is a state government level
229 appointee, expires.
230 (ii) The term of a commission member serving on May 1, 2005 as one of the six
231 elected local officials or five private sector appointees may not be shortened because of
232 application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
233 from counties of the first or second class.
234 (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be
235 appointed by the governor with the consent of the Senate.
236 (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
237 a list of names provided by the Utah League of Cities and Towns, and shall select the
238 remaining three from a list of names provided by the Utah Association of Counties.
239 (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
240 community from a list of names provided by Utah farm organizations.
241 (3) (a) The term of office of each member is four years, except that the governor shall
242 appoint one of the persons at the state government level, three of the persons at the local
243 government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
244 term.
245 (b) No member of the commission may serve more than two consecutive four-year
246 terms.
247 (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
248 an appointment under Subsection (2).
249 (5) Commission members shall elect a chair from their number and establish rules for
250 the organization and operation of the commission.
251 (6) A member may not receive compensation or benefits for the member's service, but
252 may receive per diem and travel expenses in accordance with:
253 (a) Section 63A-3-106;
254 (b) Section 63A-3-107; and
255 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
256 63A-3-107.
257 (7) A member is not required to give bond for the performance of official duties.
258 (8) Staff services to the commission:
259 (a) shall be provided by the Governor's Office of Management and Budget; and
260 (b) may be provided by local entities through the Utah Association of Counties and the
261 Utah League of Cities and Towns, with funds approved by the commission from those
262 identified as available to local entities under Subsection 11-38-203(1)(a).
263 Section 5. Section 17-30a-202 is amended to read:
264 17-30a-202. Establishment of merit commission -- Appointment, qualifications,
265 and compensation of members.
266 (1) (a) Except as provided in Subsection (1)(b), a county subject to this chapter shall
267 establish a merit system commission consisting of three appointed members:
268 (i) two members appointed by the legislative body of the county; and
269 (ii) one member appointed by the governing body of a police interlocal entity.
270 (b) If there is no police interlocal entity within the county, the county legislative body
271 shall appoint all three members of a commission described in Subsection (1)(a).
272 [
273
274 [
275 member shall be appointed for a term ending February 1 of the first odd-numbered year after
276 the date of appointment, and one each for terms ending two and four years thereafter.
277 (ii) For a term subsequent to a term described in Subsection (1)[
278 commission member shall hold a term of six years.
279 [
280 cause other than expiration of the member's term, the position is filled by appointment for the
281 unexpired portion of the term only.
282 (2) A member of the commission:
283 (a) shall be a resident of the state;
284 (b) for at least five years preceding the date of appointment a resident of:
285 (i) the county; or
286 (ii) if applicable, the area served by the police interlocal entity from which appointed;
287 and
288 (c) may not hold another office or employment with the county or, if applicable, in a
289 municipality served by the police interlocal entity for which the member is appointed.
290 (3) The county legislative body or interlocal entity governing body may compensate a
291 member for service on the commission and reimburse the member for necessary expenses
292 incurred in the performance of the member's duties.
293 Section 6. Section 19-2-103 is amended to read:
294 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
295 and expenses.
296 (1) The board consists of the following nine members:
297 (a) the following non-voting member, except that the member may vote to break a tie
298 vote between the voting members:
299 (i) the executive director; or
300 (ii) an employee of the department designated by the executive director; and
301 (b) the following eight voting members, who shall be appointed by the governor with
302 the consent of the Senate:
303 (i) one representative who:
304 (A) is not connected with industry;
305 (B) is an expert in air quality matters; and
306 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
307 with relevant training and experience;
308 (ii) two government representatives who do not represent the federal government;
309 (iii) one representative from the mining industry;
310 (iv) one representative from the fuels industry;
311 (v) one representative from the manufacturing industry;
312 (vi) one representative from the public who represents:
313 (A) an environmental nongovernmental organization; or
314 (B) a nongovernmental organization that represents community interests and does not
315 represent industry interests; and
316 (vii) one representative from the public who is trained and experienced in public
317 health.
318 (2) A member of the board shall:
319 (a) be knowledgeable about air pollution matters, as evidenced by a professional
320 degree, a professional accreditation, or documented experience;
321 (b) be a resident of Utah;
322 (c) attend board meetings in accordance with the attendance rules made by the
323 department under Subsection 19-1-201(1)(d)(i)(A); and
324 (d) comply with all applicable statutes, rules, and policies, including the conflict of
325 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
326 [
327
328 [
329 of their income from persons subject to permits or orders under this chapter.
330 [
331 (b) Notwithstanding the requirements of Subsection [
332 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
333 board members are staggered so that half of the appointed board is appointed every two years.
334 [
335 [
336 the member's successor is appointed, but not more than 90 days after the expiration of the
337 member's term.
338 [
339 shall be appointed for the unexpired term.
340 [
341 [
342 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
343 the request of the director, or upon the request of three members of the board.
344 (c) Three days' notice shall be given to each member of the board before a meeting.
345 [
346 of members present is the action of the board.
347 [
348 service, but may receive per diem and travel expenses in accordance with:
349 (a) Section 63A-3-106;
350 (b) Section 63A-3-107; and
351 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
352 63A-3-107.
353 Section 7. Section 19-4-103 is amended to read:
354 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
355 diem and expenses.
356 (1) The board consists of the following nine members:
357 (a) the following non-voting member, except that the member may vote to break a tie
358 vote between the voting members:
359 (i) the executive director; or
360 (ii) an employee of the department designated by the executive director; and
361 (b) the following eight voting members, who shall be appointed by the governor with
362 the consent of the Senate:
363 (i) one representative who is a Utah-licensed professional engineer with expertise in
364 civil or sanitary engineering;
365 (ii) two representatives who are elected officials from a municipal government that is
366 involved in the management or operation of a public water system;
367 (iii) one representative from an improvement district, a water conservancy district, or a
368 metropolitan water district;
369 (iv) one representative from an entity that manages or operates a public water system;
370 (v) one representative from:
371 (A) the state water research community; or
372 (B) an institution of higher education that has comparable expertise in water research
373 to the state water research community;
374 (vi) one representative from the public who represents:
375 (A) an environmental nongovernmental organization; or
376 (B) a nongovernmental organization that represents community interests and does not
377 represent industry interests; and
378 (vii) one representative from the public who is trained and experienced in public
379 health.
380 (2) A member of the board shall:
381 (a) be knowledgeable about drinking water and public water systems, as evidenced by a
382 professional degree, a professional accreditation, or documented experience;
383 (b) represent different geographical areas within the state insofar as practicable;
384 (c) be a resident of Utah;
385 (d) attend board meetings in accordance with the attendance rules made by the
386 department under Subsection 19-1-201(1)(d)(i)(A); and
387 (e) comply with all applicable statutes, rules, and policies, including the conflict of
388 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
389 [
390
391 [
392 new member or reappointed member to a four-year term.
393 (b) Notwithstanding the requirements of Subsection [
394 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
395 board members are staggered so that half of the appointed board is appointed every two years.
396 (c) (i) Notwithstanding Subsection [
397 appointed before May 1, 2013, shall expire on April 30, 2013.
398 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
399 accordance with this section.
400 [
401 shall be appointed for the unexpired term.
402 [
403 a successor is appointed, but not for more than 90 days after the expiration of the term.
404 [
405 [
406 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
407 the request of the director, or upon the request of three members of the board.
408 (c) Reasonable notice shall be given to each member of the board before any meeting.
409 [
410 majority of the members present is the action of the board.
411 [
412 service, but may receive per diem and travel expenses in accordance with:
413 (a) Section 63A-3-106;
414 (b) Section 63A-3-107; and
415 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
416 63A-3-107.
417 Section 8. Section 19-5-103 is amended to read:
418 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
419 Organization -- Meetings -- Per diem and expenses.
420 (1) The board consists of the following nine members:
421 (a) the following non-voting member, except that the member may vote to break a tie
422 vote between the voting members:
423 (i) the executive director; or
424 (ii) an employee of the department designated by the executive director; and
425 (b) the following eight voting members, who shall be appointed by the governor with
426 the consent of the Senate:
427 (i) one representative who:
428 (A) is an expert and has relevant training and experience in water quality matters;
429 (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
430 with relevant training and experience; and
431 (C) represents local and special service districts in the state;
432 (ii) two government representatives who do not represent the federal government;
433 (iii) one representative from the mineral industry;
434 (iv) one representative from the manufacturing industry;
435 (v) one representative who represents agricultural and livestock interests;
436 (vi) one representative from the public who represents:
437 (A) an environmental nongovernmental organization; or
438 (B) a nongovernmental organization that represents community interests and does not
439 represent industry interests; and
440 (vii) one representative from the public who is trained and experienced in public
441 health.
442 (2) A member of the board shall:
443 (a) be knowledgeable about water quality matters, as evidenced by a professional
444 degree, a professional accreditation, or documented experience;
445 (b) be a resident of Utah;
446 (c) attend board meetings in accordance with the attendance rules made by the
447 department under Subsection 19-1-201(1)(d)(i)(A); and
448 (d) comply with all applicable statutes, rules, and policies, including the conflict of
449 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
450 [
451
452 [
453 shall be appointed for the unexpired term with the consent of the Senate.
454 [
455 reappointment.
456 (b) Notwithstanding the requirements of Subsection [
457 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
458 board members are staggered so that half of the appointed board is appointed every two years.
459 (c) (i) Notwithstanding Subsection [
460 appointed before March 1, 2013, shall expire on February 28, 2013.
461 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
462 accordance with this section.
463 [
464 the member's successor is appointed, not to exceed 90 days after the formal expiration of the
465 term.
466 [
467 (a) organize and annually select one of its members as chair and one of its members as
468 vice chair;
469 (b) hold at least four regular meetings each calendar year; and
470 (c) keep minutes of its proceedings which are open to the public for inspection.
471 [
472 members of the board.
473 [
474 place of each meeting.
475 [
476 business, and the action of a majority of members present is the action of the board.
477 [
478 service, but 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 Section 9. Section 19-6-103 is amended to read:
484 19-6-103. Waste Management and Radiation Control Board -- Members -- Terms
485 -- Organization -- Meetings -- Per diem and expenses.
486 (1) The board consists of the following 12 members:
487 (a) the following non-voting member, except that the member may vote to break a tie
488 vote between the voting members:
489 (i) the executive director; or
490 (ii) an employee of the department designated by the executive director; and
491 (b) the following 11 voting members appointed by the governor with the consent of the
492 Senate:
493 (i) one representative who is:
494 (A) not connected with industry; and
495 (B) a Utah-licensed professional engineer;
496 (ii) two government representatives who do not represent the federal government;
497 (iii) one representative from the manufacturing, mining, or fuel industry;
498 (iv) one representative from the private solid or hazardous waste disposal industry;
499 (v) one representative from the private hazardous waste recovery industry;
500 (vi) one representative from the radioactive waste management industry;
501 (vii) one representative from the uranium milling industry;
502 (viii) one representative from the public who represents:
503 (A) an environmental nongovernmental organization; or
504 (B) a nongovernmental organization that represents community interests and does not
505 represent industry interests;
506 (ix) one representative from the public who is trained and experienced in public health
507 and a licensed:
508 (A) medical doctor; or
509 (B) dentist; and
510 (x) one representative who is:
511 (A) a medical physicist or a health physicist; or
512 (B) a professional employed in the field of radiation safety.
513 (2) A member of the board shall:
514 (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
515 protection as evidenced by a professional degree, a professional accreditation, or documented
516 experience;
517 (b) be a resident of Utah;
518 (c) attend board meetings in accordance with the attendance rules made by the
519 department under Subsection 19-1-201(1)(d)(i)(A); and
520 (d) comply with all applicable statutes, rules, and policies, including the conflict of
521 interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B).
522 [
523 [
524 (b) Notwithstanding the requirements of Subsection [
525 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
526 board members are staggered so that half of the appointed board is appointed every two years.
527 (c) (i) Notwithstanding Subsection [
528 appointed before March 1, 2013, shall expire on February 28, 2013.
529 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
530 accordance with this section.
531 [
532 [
533 until their successors are appointed, but not more than 90 days after the expiration of their
534 terms.
535 [
536 shall be appointed for the unexpired term by the governor, after considering recommendations
537 of the board and with the consent of the Senate.
538 [
539 from its membership.
540 [
541 but may receive per diem and travel expenses in accordance with:
542 (a) Section 63A-3-106;
543 (b) Section 63A-3-107; and
544 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
545 63A-3-107.
546 [
547 one meeting during each annual general session of the Legislature.
548 (b) Meetings shall be held on the call of the chair, the director, or any three of the
549 members.
550 [
551 majority of members present is the action of the board.
552 Section 10. Section 26-1-7.5 is amended to read:
553 26-1-7.5. Health advisory council.
554 (1) (a) There is created the Utah Health Advisory Council, comprised of nine persons
555 appointed by the governor.
556 (b) The governor shall ensure that:
557 (i) members of the council:
558 (A) broadly represent the public interest;
559 (B) have an interest in or knowledge of public health, environmental health, health
560 planning, health care financing, or health care delivery systems; and
561 (C) include health professionals;
562 (ii) the majority of the [
563 professionals; and
564 [
565 [
566 members.
567 (2) (a) Except as required by Subsection (2)(b), members of the council shall be
568 appointed to four-year terms.
569 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
570 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
571 council members are staggered so that approximately half of the council is appointed every two
572 years.
573 (c) Terms of office for subsequent appointments shall commence on July 1 of the year
574 in which the appointment occurs.
575 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
576 be appointed for the unexpired term.
577 (b) No person shall be appointed to the council for more than two consecutive terms.
578 (c) The chair of the council shall be appointed by the governor from the membership of
579 the council.
580 (4) The council shall meet at least quarterly or more frequently as determined necessary
581 by the chair. A quorum for conducting business shall consist of four members of the council.
582 (5) A member may not receive compensation or benefits for the member's service, but,
583 at the executive director's discretion, may receive per diem and travel expenses in accordance
584 with:
585 (a) Section 63A-3-106;
586 (b) Section 63A-3-107; and
587 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
588 63A-3-107.
589 (6) The council shall be empowered to advise the department on any subject deemed to
590 be appropriate by the council except that the council may not become involved in
591 administrative matters. The council shall also advise the department as requested by the
592 executive director.
593 (7) The executive director shall ensure that the council has adequate staff support and
594 shall provide any available information requested by the council necessary for their
595 deliberations. The council shall observe confidential requirements placed on the department in
596 the use of such information.
597 Section 11. Section 26-33a-103 is amended to read:
598 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
599 (1) The Health Data Committee created by Section 26-1-7 shall be composed of 15
600 members.
601 (2) (a) One member shall be:
602 (i) the commissioner of the Utah Insurance Department; or
603 (ii) the commissioner's designee who shall have knowledge regarding the health care
604 system and characteristics and use of health data.
605 (b) Fourteen members shall be appointed by the governor with the consent of the
606 Senate in accordance with Subsection (3). [
607
608 (3) The members of the committee appointed under Subsection (2)(b) shall:
609 (a) be knowledgeable regarding the health care system and the characteristics and use
610 of health data;
611 (b) be selected so that the committee at all times includes individuals who provide
612 care;
613 (c) include one person employed by or otherwise associated with a general acute
614 hospital as defined by Section 26-21-2, who is knowledgeable about the collection, analysis,
615 and use of health care data;
616 (d) include two physicians, as defined in Section 58-67-102:
617 (i) who are licensed to practice in this state;
618 (ii) who actively practice medicine in this state;
619 (iii) who are trained in or have experience with the collection, analysis, and use of
620 health care data; and
621 (iv) one of whom is selected by the Utah Medical Association;
622 (e) include three persons:
623 (i) who are:
624 (A) employed by or otherwise associated with a business that supplies health care
625 insurance to its employees; and
626 (B) knowledgeable about the collection and use of health care data; and
627 (ii) at least one of whom represents an employer employing 50 or fewer employees;
628 (f) include three persons representing health insurers:
629 (i) at least one of whom is employed by or associated with a third-party payor that is
630 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
631 Health Plans;
632 (ii) at least one of whom is employed by or associated with a third party payer that is
633 licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
634 Plans; and
635 (iii) who are trained in, or experienced with the collection, analysis, and use of health
636 care data;
637 (g) include two consumer representatives:
638 (i) from organized consumer or employee associations; and
639 (ii) knowledgeable about the collection and use of health care data;
640 (h) include one person:
641 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
642 broad support of health care payers and health care providers; and
643 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
644 and
645 (i) include two persons representing public health who are trained in, or experienced
646 with the collection, use, and analysis of health care data.
647 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
648 expire, the governor shall appoint each new member or reappointed member to a four-year
649 term.
650 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
651 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
652 committee members are staggered so that approximately half of the committee is appointed
653 every two years.
654 (c) Members may serve after their terms expire until replaced.
655 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
656 appointed for the unexpired term.
657 (6) Committee members shall annually elect a chair of the committee from among their
658 membership. The chair shall report to the executive director.
659 (7) The committee shall meet at least once during each calendar quarter. Meeting dates
660 shall be set by the chair upon 10 working days notice to the other members, or upon written
661 request by at least four committee members with at least 10 working days notice to other
662 committee members.
663 (8) Eight committee members constitute a quorum for the transaction of business.
664 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
665 committee.
666 (9) A member may not receive compensation or benefits for the member's service, but
667 may receive per diem and travel expenses in accordance with:
668 (a) Section 63A-3-106;
669 (b) Section 63A-3-107; and
670 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
671 63A-3-107.
672 (10) All meetings of the committee shall be open to the public, except that the
673 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
674 52-4-206 are met.
675 Section 12. Section 32B-2-201 is amended to read:
676 32B-2-201. Alcoholic Beverage Control Commission created.
677 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
678 the governing board over the department.
679 (2) [
680 the governor with the consent of the Senate.
681 [
682 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
683 governor shall appoint each new commissioner or reappointed commissioner to a four-year
684 term.
685 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
686 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
687 more than three commissioners expire in a fiscal year.
688 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
689 appoint a replacement for the unexpired term with the consent of the Senate.
690 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
691 the commission after the expiration of a term until a successor is appointed by the governor,
692 with the consent of the Senate.
693 (5) A commissioner shall take the oath of office.
694 (6) (a) The governor may remove a commissioner from the commission for cause,
695 neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
696 (i) the governor; or
697 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
698 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
699 shall provide the commissioner notice of:
700 (i) the date, time, and place of the hearing; and
701 (ii) the alleged grounds for the removal.
702 (c) The commissioner shall have an opportunity to:
703 (i) attend the hearing;
704 (ii) present witnesses and other evidence; and
705 (iii) confront and cross examine witnesses.
706 (d) After a hearing under this Subsection (6):
707 (i) the person conducting the hearing shall prepare written findings of fact and
708 conclusions of law; and
709 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
710 commissioner.
711 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
712 examiner shall issue a written recommendation to the governor in addition to complying with
713 Subsection (6)(d).
714 (f) A commissioner has five days from the day on which the commissioner receives the
715 findings and conclusions described in Subsection (6)(d) to file written objections to the
716 recommendation before the governor issues a final order.
717 (g) The governor shall:
718 (i) issue the final order under this Subsection (6) in writing; and
719 (ii) serve the final order upon the commissioner.
720 (7) A commissioner may not receive compensation or benefits for the commissioner's
721 service, but may receive per diem and travel expenses in accordance with:
722 (a) Section 63A-3-106;
723 (b) Section 63A-3-107; and
724 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
725 63A-3-107.
726 (8) (a) The governor shall annually appoint the chair of the commission. A
727 commissioner serves as chair to the commission at the pleasure of the governor. If removed as
728 chair, the commissioner continues to serve as a commissioner unless removed as a
729 commissioner under Subsection (6).
730 (b) The commission shall elect:
731 (i) another commissioner to serve as vice chair; and
732 (ii) other commission officers as the commission considers advisable.
733 (c) A commissioner elected under Subsection (8)(b) shall serve in the office to which
734 the commissioner is elected at the pleasure of the commission.
735 (9) (a) Each commissioner has equal voting rights on a commission matter when in
736 attendance at a commission meeting.
737 (b) Four commissioners is a quorum for conducting commission business.
738 (c) A majority vote of the quorum present at a meeting is required for the commission
739 to act.
740 (10) (a) The commission shall meet at least monthly, but may hold other meetings at
741 times and places as scheduled by:
742 (i) the commission;
743 (ii) the chair; or
744 (iii) three commissioners upon filing a written request for a meeting with the chair.
745 (b) Notice of the time and place of a commission meeting shall be given to each
746 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
747 Meetings Act. A commission meeting is open to the public, except for a commission meeting
748 or portion of a commission meeting that is closed by the commission as authorized by Sections
749 52-4-204 and 52-4-205.
750 Section 13. Section 34A-1-205 is amended to read:
751 34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
752 Qualifications.
753 (1) There is created the Appeals Board within the commission consisting of three
754 members. The board may call and preside at adjudicative proceedings to review an order or
755 decision that is subject to review by the Appeals Board under this title.
756 (2) (a) The governor shall appoint the members with the consent of the Senate and in
757 accordance with this section.
758 (b) One member of the board shall be appointed to represent employers, in making this
759 appointment, the governor shall consider nominations from employer organizations.
760 (c) One member of the board shall be appointed to represent employees, in making this
761 appointment, the governor shall consider nominations from employee organizations.
762 [
763 [
764 appointments to the board so that at least two of the members of the board are members of the
765 Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
766 (3) (a) The term of a member shall be six years beginning on March 1 of the year the
767 member is appointed, except that the governor shall, at the time of appointment or
768 reappointment, adjust the length of terms to ensure that the terms of members are staggered so
769 that one member is appointed every two years.
770 (b) The governor may remove a member only for inefficiency, neglect of duty,
771 malfeasance or misfeasance in office, or other good and sufficient cause.
772 (c) A member shall hold office until a successor is appointed and has qualified.
773 (4) A member shall be part-time and receive compensation as provided by Title 67,
774 Chapter 19, Utah State Personnel Management Act.
775 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
776 and administrative head of the board.
777 (b) The governor shall appoint and may remove at will the chair from the position of
778 chair.
779 (6) A majority of the board shall constitute a quorum to transact business.
780 (7) (a) The commission shall provide the Appeals Board necessary staff support,
781 except as provided in Subsection (7)(b).
782 (b) At the request of the Appeals Board, the attorney general shall act as an impartial
783 aid to the Appeals Board in outlining the facts and the issues.
784 Section 14. Section 35A-1-205 is amended to read:
785 35A-1-205. Workforce Appeals Board -- Chair -- Appointment -- Compensation
786 -- Qualifications.
787 (1) There is created the Workforce Appeals Board within the department consisting of
788 one or more panels to hear and decide appeals from the decision of an administrative law
789 judge.
790 (2) [
791 follows:
792 [
793 [
794 appointment, the governor shall consider nominations from employer organizations; and
795 [
796 appointment, the governor shall consider nominations from employee organizations.
797 [
798 (3) (a) (i) The term of a member shall be six years beginning on March 1 of the year
799 the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
800 (ii) The governor shall, at the time of appointment or reappointment, adjust the length
801 of terms to ensure that the terms of members are staggered so that approximately one third of
802 the members are appointed every two years.
803 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
804 appointed for the unexpired term.
805 (c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
806 or misfeasance in office, or other good and sufficient cause.
807 (d) A member shall hold office until a successor is appointed and has qualified.
808 (4) (a) Except as provided in Subsection (4)(b), a member may not receive
809 compensation or benefits for the member's service, but may receive per diem and travel
810 expenses in accordance with:
811 (i) Section 63A-3-106;
812 (ii) Section 63A-3-107; and
813 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
814 63A-3-107.
815 (b) The member appointed as board chair in accordance with Subsection (5) shall be
816 compensated at an hourly rate determined by the Department of Human Resource Management
817 in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
818 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
819 and administrative head of the board.
820 (b) The chair shall be appointed by the governor to represent the public and may be
821 removed from that position at the will of the governor.
822 (c) The chair shall be experienced in administration and possess any additional
823 qualifications determined by the governor.
824 (6) (a) The chair shall designate an alternate from a panel appointed under this section:
825 (i) in the absence of a regular member or the chair; or
826 (ii) if the regular member or the chair has a conflict of interest.
827 (b) Each case shall be decided by a full three-member panel.
828 (7) The department shall provide the Workforce Appeals Board necessary staff
829 support, except, the board may employ, retain, or appoint legal counsel.
830 Section 15. Section 36-12-20 is amended to read:
831 36-12-20. Development of proposed energy producer states' agreement --
832 Membership selection -- Agreements -- Goals -- Meetings -- Reports.
833 (1) The speaker of the House shall appoint two members of the House and the
834 president of the Senate shall appoint two members of the Senate[
835
836 members of other energy producing states for the purpose of developing a proposed energy
837 producer states' agreement.
838 (2) The proposed energy producer states' agreement shall have the following goals:
839 (a) to encourage domestic development of energy in the United States;
840 (b) to ensure the continued development of each state's domestic natural resources;
841 (c) to deliver a unified message to the federal government from energy producing states
842 by:
843 (i) participating in the development of proposed federal legislation and regulations; and
844 (ii) making recommendations regarding existing federal law and regulations including
845 the following:
846 (A) the Environmental Protection Act;
847 (B) the Endangered Species Act; and
848 (C) federal land access issues that affect the production of energy;
849 (d) to eliminate or reduce overly broad federal legislation; and
850 (e) to identify and address consequences of delays and cancellations of economically
851 viable energy projects.
852 (3) Appointed members shall:
853 (a) produce a report with recommendations regarding an energy producer states'
854 agreement; and
855 (b) present the report to the Natural Resources, Agriculture, and Environment Interim
856 Committee on or before November 30 of each year.
857 (4) Compensation and expenses of a member who is a legislator are governed by
858 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
859 (5) The Office of Legislative Research and General Counsel shall provide staff
860 assistance as requested.
861 Section 16. Section 40-6-4 is amended to read:
862 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
863 members -- Terms -- Chair -- Quorum -- Expenses.
864 (1) (a) There is created within the Department of Natural Resources the Board of Oil,
865 Gas, and Mining.
866 (b) The board shall be the policy making body for the Division of Oil, Gas, and
867 Mining.
868 (2) (a) The board shall consist of seven members appointed by the governor with the
869 consent of the Senate.
870 [
871 [
872 appointed under Subsection (2)(a) shall include the following:
873 (i) two members who are knowledgeable in mining matters;
874 (ii) two members who are knowledgeable in oil and gas matters;
875 (iii) one member who is knowledgeable in ecological and environmental matters;
876 (iv) one member who:
877 (A) is a private land owner;
878 (B) owns a mineral or royalty interest; and
879 (C) is knowledgeable in mineral or royalty interests; and
880 (v) one member who is knowledgeable in geological matters.
881 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
882 expire, the governor shall appoint each new member or reappointed member to a four-year
883 term.
884 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
885 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
886 board members are staggered so that approximately half of the board is appointed every two
887 years.
888 (c) A member shall hold office until the expiration of the member's term and until the
889 member's successor is appointed, but not more than 90 days after the expiration of the
890 member's term.
891 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
892 be appointed for the unexpired term by the governor with the consent of the Senate.
893 (b) The person appointed shall have the same qualifications as the person's
894 predecessor.
895 (5) (a) The board shall appoint its chair from the membership.
896 (b) Four members of the board shall constitute a quorum for the transaction of business
897 and the holding of hearings.
898 (6) A member may not receive compensation or benefits for the member's service, but
899 may receive per diem and travel expenses in accordance with:
900 (a) Section 63A-3-106;
901 (b) Section 63A-3-107; and
902 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
903 63A-3-107.
904 Section 17. Section 51-7-16 is amended to read:
905 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
906 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
907 of interests -- Per diem and expenses.
908 (1) (a) There is created a State Money Management Council composed of five
909 members appointed by the governor after consultation with the state treasurer and with the
910 consent of the Senate.
911 (b) The members of the council shall be qualified by training and experience in the
912 field of investment or finance as follows:
913 (i) at least one member, but not more than two members, shall be experienced in the
914 banking business;
915 (ii) at least one member, but not more than two members, shall be an elected treasurer;
916 (iii) at least one member, but not more than two members, shall be an appointed public
917 treasurer; and
918 (iv) two members, but not more than two members, shall be experienced in the field of
919 investment.
920 [
921 (2) (a) Except as required by Subsection (2)(b), the council members shall be appointed
922 for terms of four years.
923 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
924 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
925 council members are staggered so that approximately half of the council is appointed every two
926 years.
927 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
928 appointed for the unexpired term.
929 (d) All members shall serve until their successors are appointed and qualified.
930 (3) (a) The council members shall elect a chair and vice chair.
931 (b) The state treasurer shall serve as executive secretary of the council without vote.
932 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
933 the council and at other times at the call of the chair, the state treasurer, or any two members of
934 the council.
935 (b) Three members are a quorum for the transaction of business.
936 (c) Actions of the council require a vote of a majority of those present.
937 (d) All meetings of the council and records of its proceedings are open for inspection
938 by the public at the state treasurer's office during regular business hours except for:
939 (i) reports of the commissioner of financial institutions concerning the identity,
940 liquidity, or financial condition of qualified depositories and the amount of public funds each is
941 eligible to hold; and
942 (ii) reports of the director concerning the identity, liquidity, or financial condition of
943 certified dealers.
944 (5) (a) Each member of the council shall file a sworn or written statement with the
945 lieutenant governor that discloses any position or employment or ownership interest that he has
946 in any financial institution or investment organization.
947 (b) Each member shall file the statement required by this Subsection (5) when he
948 becomes a member of the council and when substantial changes in his position, employment,
949 or ownership interests occur.
950 (6) A member may not receive compensation or benefits for the member's service, but
951 may receive per diem and travel expenses in accordance with:
952 (a) Section 63A-3-106;
953 (b) Section 63A-3-107; and
954 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
955 63A-3-107.
956 Section 18. Section 54-1-1.5 is amended to read:
957 54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
958 Quorum -- Removal -- Vacancies -- Compensation.
959 (1) The commission shall be composed of three members appointed by the governor
960 with the consent of the Senate.
961 (2) The terms of the members shall be staggered so that one commissioner is appointed
962 for a term of six years on March 1 of each odd-numbered year. [
963
964
965 (3) The governor shall designate one commissioner as the chair of the commission.
966 (4) Two commissioners constitute a quorum. [
967
968
969 (5) The governor:
970 (a) may remove a commissioner for cause; and
971 (b) shall fill any vacancy on the commission by appointing a member for the remainder
972 of the unexpired term.
973 (6) Commissioners shall receive compensation as established by the governor within
974 the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation,
975 and all actual and necessary expenses incurred in attending to official business.
976 (7) Each commissioner at the time of appointment and qualification shall be:
977 (a) a resident citizen of the United States and of the state of Utah; and [
978 (b) not less than 30 years of age.
979 (8) Except as provided by law, [
980 either under the government of the United States or of this state or of any municipal
981 corporation within this state.
982 Section 19. Section 54-10a-202 is amended to read:
983 54-10a-202. Committee of Consumer Services.
984 (1) (a) There is created within the office a committee known as the "Committee of
985 Consumer Services."
986 (b) A member of the committee shall maintain the member's principal residence within
987 Utah.
988 (2) (a) The governor shall appoint nine members to the committee subject to
989 Subsection (3).
990 (b) Except as required by Subsection (2)(c), as terms of current committee members
991 expire, the governor shall appoint a new member or reappointed member to a four-year term.
992 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
993 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
994 committee members are staggered so that approximately half of the committee is appointed
995 every two years.
996 (d) When a vacancy occurs in the membership for any reason, the governor shall
997 appoint a replacement for the unexpired term.
998 (3) Members of the committee shall represent the following geographic and consumer
999 interests:
1000 (a) one member shall be from Salt Lake City, Provo, or Ogden;
1001 (b) one member shall be from a city other than Salt Lake City, Provo, or Ogden;
1002 (c) one member shall be from an unincorporated area of the state;
1003 (d) one member shall be a low-income resident;
1004 (e) one member shall be a retired person;
1005 (f) one member shall be a small commercial consumer;
1006 (g) one member shall be a farmer or rancher who uses electric power to pump water in
1007 the member's farming or ranching operation;
1008 (h) one member shall be a residential consumer; and
1009 (i) one member shall be appointed to provide geographic diversity on the committee to
1010 ensure to the extent possible that all areas of the state are represented.
1011 [
1012
1013 [
1014 after May 12, 2009, the governor shall appoint, to the extent possible, an individual with
1015 expertise or experience in:
1016 [
1017 [
1018 [
1019 [
1020 [
1021 [
1022 (5) The governor shall designate one member as chair of the committee.
1023 (6) A member may not receive compensation or benefits for the member's service, but
1024 may receive per diem and travel expenses in accordance with:
1025 (a) Section 63A-3-106;
1026 (b) Section 63A-3-107; and
1027 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1028 63A-3-107.
1029 (7) (a) The committee may hold monthly meetings.
1030 (b) The committee may hold other meetings, at the times and places the chair and a
1031 majority of the committee determine.
1032 (8) (a) Five members of the committee constitute a quorum of the committee.
1033 (b) A majority of members voting when a quorum is present constitutes an action of
1034 the committee.
1035 Section 20. Section 62A-1-107 is amended to read:
1036 62A-1-107. Boards within department -- Members, appointment, terms,
1037 vacancies, chairperson, compensation, meetings, quorum.
1038 (1) (a) This section applies only to the Board of Aging and Adult Services and the
1039 Board of Juvenile Justice Services described in Subsections 62A-1-105(1)(a) and (b).
1040 (b) Each board shall have seven members who are appointed by the governor with the
1041 consent of the Senate.
1042 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
1043 term of four years, and is eligible for one reappointment.
1044 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1045 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1046 board members are staggered so that approximately half of the board is appointed every two
1047 years.
1048 (c) Board members shall continue in office until the expiration of their terms and until
1049 their successors are appointed, which may not exceed 90 days after the formal expiration of a
1050 term.
1051 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1052 appointed for the unexpired term.
1053 (3) [
1054 Each board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
1055 on the basis of their active interest, experience, and demonstrated ability to deal with issues
1056 related to their specific boards.
1057 (4) Each board shall annually elect a chairperson from its membership. Each board
1058 shall hold meetings at least once every three months. Within budgetary constraints, meetings
1059 may be held from time to time on the call of the chairperson or of the majority of the members
1060 of any board. Four members of a board are necessary to constitute a quorum at any meeting,
1061 and, if a quorum exists, the action of the majority of members present shall be the action of the
1062 board.
1063 (5) A member may not receive compensation or benefits for the member's service, but,
1064 at the executive director's discretion, may receive per diem and travel expenses in accordance
1065 with:
1066 (a) Section 63A-3-106;
1067 (b) Section 63A-3-107; and
1068 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1069 63A-3-107.
1070 (6) Each board shall adopt bylaws governing its activities. Bylaws shall include
1071 procedures for removal of a board member who is unable or unwilling to fulfill the
1072 requirements of his appointment.
1073 (7) The board has program policymaking authority for the division over which it
1074 presides.
1075 Section 21. Section 63H-8-201 is amended to read:
1076 63H-8-201. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
1077 Quorum -- Per diem and expenses.
1078 (1) (a) There is created an independent body politic and corporate, constituting a public
1079 corporation, known as the "Utah Housing Corporation."
1080 (b) The corporation may also be known and do business as the:
1081 (i) Utah Housing Finance Association; and
1082 (ii) Utah Housing Finance Agency in connection with a contract entered into when that
1083 was the corporation's legal name.
1084 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
1085 the express approval of the corporation.
1086 (2) The corporation is governed by a board of trustees composed of the following nine
1087 trustees:
1088 (a) the executive director of the Department of Workforce Services or the executive
1089 director's designee;
1090 (b) the commissioner of the Department of Financial Institutions or the commissioner's
1091 designee;
1092 (c) the state treasurer or the treasurer's designee; and
1093 (d) six public trustees, who are private citizens of the state, as follows:
1094 (i) two people who represent the mortgage lending industry;
1095 (ii) two people who represent the home building and real estate industry; and
1096 (iii) two people who represent the public at large.
1097 (3) The governor shall:
1098 (a) appoint the six public trustees of the corporation with the consent of the Senate; and
1099 (b) ensure that[
1100 of the state[
1101 [
1102 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the six
1103 public trustees to terms of office of four years each.
1104 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1105 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1106 corporation trustees are staggered so that approximately half of the board is appointed every
1107 two years.
1108 (5) (a) A public trustee of the corporation may be removed from office for cause either
1109 by the governor or by an affirmative vote of six trustees of the corporation.
1110 (b) When a vacancy occurs in the board of trustees for any reason, the replacement
1111 shall be appointed for the unexpired term.
1112 (c) A public trustee shall hold office for the term of appointment and until the trustee's
1113 successor has been appointed and qualified.
1114 (d) A public trustee is eligible for reappointment but may not serve more than two full
1115 consecutive terms.
1116 (6) (a) The governor shall select the chair of the corporation.
1117 (b) The trustees shall elect from among their number a vice chair and other officers
1118 they may determine.
1119 (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
1120 (b) An affirmative vote of at least five trustees is necessary for any action to be taken
1121 by the corporation.
1122 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
1123 all rights and perform all duties of the corporation.
1124 (8) A trustee may not receive compensation or benefits for the trustee's service, but
1125 may receive per diem and travel expenses in accordance with:
1126 (a) Section 63A-3-106;
1127 (b) Section 63A-3-107; and
1128 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
1129 63A-3-107.
1130 Section 22. Section 63N-1-401 is amended to read:
1131 63N-1-401. Board of Business and Economic Development -- Membership --
1132 Expenses.
1133 (1) (a) There is created within the office the Board of Business and Economic
1134 Development, consisting of 15 members appointed by the governor to four-year terms of office
1135 with the consent of the Senate.
1136 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
1137 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1138 board members are staggered so that approximately half of the board is appointed every two
1139 years.
1140 (c) The members may not serve more than two full consecutive terms except where the
1141 governor determines that an additional term is in the best interest of the state.
1142 (2) In appointing members of the committee, the governor shall ensure that[
1143
1144 a variety of geographic areas and economic interests of the state.
1145 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
1146 appointed for the unexpired term.
1147 (4) Eight members of the board constitute a quorum for conducting board business and
1148 exercising board power.
1149 (5) The governor shall select one board member as the board's chair.
1150 (6) A member may not receive compensation or benefits for the member's service, but
1151 may receive per diem and travel expenses in accordance with:
1152 (a) Section 63A-3-106;
1153 (b) Section 63A-3-107; and
1154 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1155 Section 23. Section 63N-7-102 is amended to read:
1156 63N-7-102. Members -- Meetings -- Expenses.
1157 (1) (a) The board shall consist of 13 members appointed by the governor to four-year
1158 terms with the consent of the Senate.
1159 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
1160 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1161 board members are staggered so that approximately half of the board is appointed every two
1162 years.
1163 (2) The members may not serve more than two full consecutive terms unless the
1164 governor determines that an additional term is in the best interest of the state.
1165 [
1166 [
1167 (i) all areas of the state with six being appointed from separate geographical areas as
1168 provided in Subsection [
1169 (ii) a diverse mix of business ownership or executive management of tourism related
1170 industries.
1171 (b) The geographical representatives shall be appointed as follows:
1172 (i) one member from Salt Lake, Tooele, or Morgan County;
1173 (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
1174 (iii) one member from Utah, Summit, Juab, or Wasatch County;
1175 (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
1176 (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
1177 (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
1178 (c) The tourism industry representatives of ownership or executive management shall
1179 be appointed as follows:
1180 (i) one member from ownership or executive management of the lodging industry, as
1181 recommended by the lodging industry for the governor's consideration;
1182 (ii) one member from ownership or executive management of the restaurant industry,
1183 as recommended by the restaurant industry for the governor's consideration;
1184 (iii) one member from ownership or executive management of the ski industry, as
1185 recommended by the ski industry for the governor's consideration; and
1186 (iv) one member from ownership or executive management of the motor vehicle rental
1187 industry, as recommended by the motor vehicle rental industry for the governor's consideration.
1188 (d) One member shall be appointed at large from ownership or executive management
1189 of business, finance, economic policy, or the academic media marketing community.
1190 (e) One member shall be appointed from the Utah Tourism Industry Coalition as
1191 recommended by the coalition for the governor's consideration.
1192 (f) One member shall be appointed to represent the state's counties as recommended by
1193 the Utah Association of Counties for the governor's consideration.
1194 (g) (i) The governor may choose to disregard a recommendation made for a board
1195 member under Subsections [
1196 (ii) The governor shall request additional recommendations if recommendations are
1197 disregarded under Subsection [
1198 [
1199 shall be appointed for the unexpired term from the same geographic area or industry
1200 representation as the member whose office was vacated.
1201 [
1202 business and exercising board powers.
1203 [
1204 board members as vice chair, each for a four-year term as recommended by the board for the
1205 governor's consideration.
1206 [
1207 but may receive per diem and travel expenses in accordance with:
1208 (a) Section 63A-3-106;
1209 (b) Section 63A-3-107; and
1210 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1211 [
1212 necessary at various locations throughout the state.
1213 [
1214 fund allocation decisions shall identify the potential conflict prior to voting on the issue.
1215 [
1216 designated board seat.
1217 (b) If a board member fails to attend according to the requirements established
1218 pursuant to Subsection [
1219 certification from the board chair or vice chair to the governor.
1220 (c) A replacement appointed by the governor under Subsection [
1221 serve for the remainder of the board member's unexpired term.
1222 [
1223 Section 24. Section 72-4-302 is amended to read:
1224 72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
1225 Meetings -- Expenses.
1226 (1) There is created the Utah State Scenic Byway Committee.
1227 (2) (a) The committee shall consist of the following 15 members:
1228 (i) a representative from each of the following entities appointed by the governor:
1229 (A) the Governor's Office of Economic Development;
1230 (B) the Utah Department of Transportation;
1231 (C) the Department of Heritage and Arts;
1232 (D) the Division of Parks and Recreation;
1233 (E) the Federal Highway Administration;
1234 (F) the National Park Service;
1235 (G) the National Forest Service; and
1236 (H) the Bureau of Land Management;
1237 (ii) one local government tourism representative appointed by the governor;
1238 (iii) a representative from the private business sector appointed by the governor;
1239 (iv) three local elected officials from a county, city, or town within the state appointed
1240 by the governor;
1241 (v) a member from the House of Representatives appointed by the speaker of the
1242 House of Representatives; and
1243 (vi) a member from the Senate appointed by the president of the Senate.
1244 (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
1245 (2) shall be appointed for a four-year term of office.
1246 (c) The governor shall, at the time of appointment or reappointment for appointments
1247 made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
1248 terms of committee members are staggered so that approximately half of the committee is
1249 appointed every two years.
1250 [
1251
1252 [
1253
1254 [
1255
1256
1257 [
1258
1259
1260 (3) (a) The representative from the Governor's Office of Economic Development shall
1261 chair the committee.
1262 (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
1263 nonvoting, ex officio members of the committee.
1264 (4) The Governor's Office of Economic Development and the department shall provide
1265 staff support to the committee.
1266 (5) (a) The chair may call a meeting of the committee only with the concurrence of the
1267 department.
1268 (b) A majority of the voting members of the committee constitute a quorum.
1269 (c) Action by a majority vote of a quorum of the committee constitutes action by the
1270 committee.
1271 (6) (a) A member who is not a legislator may not receive compensation or benefits for
1272 the member's service, but may receive per diem and travel expenses as allowed in:
1273 (i) Section 63A-3-106;
1274 (ii) Section 63A-3-107; and
1275 (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
1276 63A-3-107.
1277 (b) Compensation and expenses of a member who is a legislator are governed by
1278 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1279 Section 25. Section 72-11-202 is amended to read:
1280 72-11-202. Passenger ropeways -- Creation of Passenger Ropeway Safety
1281 Committee within Department of Transportation -- Members.
1282 (1) There is created within the Department of Transportation a Passenger Ropeway
1283 Safety Committee.
1284 (2) The committee is comprised of six appointive members and one ex officio member
1285 who shall be appointed by the executive director of the Department of Transportation.
1286 (3) The appointive members shall be appointed by the governor from persons
1287 representing the following interests:
1288 (a) two members to represent the industry;
1289 (b) two members to represent the public at large;
1290 (c) one member who is a licensed engineer in Utah; and
1291 (d) one member to represent the United States Forest Service.
1292 (4) (a) Except as required by Subsection (4)(b), as terms of committee members expire,
1293 the governor shall appoint each new member or reappointed member to a four-year term.
1294 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1295 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1296 committee members are staggered so that approximately half of the committee is appointed
1297 every two years.
1298 [
1299 (5) The governor, in making the appointments, shall request and consider
1300 recommendations made to him by:
1301 (a) the membership of the particular interest from which the appointments are to be
1302 made; and
1303 (b) the Department of Transportation.
1304 Section 26. Section 73-10-2 is amended to read:
1305 73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
1306 Vacancies.
1307 (1) [
1308 appointed by the governor with the consent of the Senate.
1309 [
1310
1311 (2) [
1312 of the board shall be appointed from each of the following districts:
1313 (a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
1314 (b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
1315 (c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
1316 (d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
1317 (e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
1318 and Wayne;
1319 (f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
1320 (g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand,
1321 and San Juan; and
1322 (h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron,
1323 Washington, and Kane.
1324 (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
1325 four years.
1326 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1327 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1328 board members are staggered so that approximately half of the board is appointed every two
1329 years.
1330 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1331 appointed for the unexpired term with the consent of the Senate and shall be from the same
1332 district as such person.
1333 (4) A member may not receive compensation or benefits for the member's service, but
1334 may receive per diem and travel expenses in accordance with:
1335 (a) Section 63A-3-106;
1336 (b) Section 63A-3-107; and
1337 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1338 63A-3-107.
1339 Section 27. Section 79-3-302 is amended to read:
1340 79-3-302. Members of board -- Qualifications and appointment -- Vacancies --
1341 Organization -- Meetings -- Financial gain prohibited -- Expenses.
1342 (1) The board consists of seven members appointed by the governor, with the consent
1343 of the Senate.
1344 (2) In addition to the requirements of Section 79-2-203, the members shall have the
1345 following qualifications:
1346 (a) one member knowledgeable in the field of geology as applied to the practice of civil
1347 engineering;
1348 (b) four members knowledgeable and representative of various segments of the mineral
1349 industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial minerals;
1350 (c) one member knowledgeable of the economic or scientific interests of the mineral
1351 industry in the state; and
1352 (d) one member who is interested in the goals of the survey and from the public at
1353 large.
1354 (3) The director of the School and Institutional Trust Lands Administration is an ex
1355 officio member of the board but without any voting privileges.
1356 (4) (a) Except as required by Subsection (4)(b), members are appointed for terms of
1357 four years.
1358 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1359 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1360 board members are staggered so that approximately half of the board is appointed every two
1361 years.
1362 [
1363 [
1364 shall be appointed for the unexpired term by the governor with the consent of the Senate.
1365 (5) The board shall select from its members a chair and such officers and committees
1366 as it considers necessary.
1367 (6) (a) The board shall hold meetings at least quarterly on such dates as may be set by
1368 its chair.
1369 (b) Special meetings may be held upon notice of the chair or by a majority of its
1370 members.
1371 (c) A majority of the members of the board present at a meeting constitutes a quorum
1372 for the transaction of business.
1373 (7) Members of the board may not obtain financial gain by reason of information
1374 obtained during the course of their official duties.
1375 (8) A member may not receive compensation or benefits for the member's service, but
1376 may receive per diem and travel expenses in accordance with:
1377 (a) Section 63A-3-106;
1378 (b) Section 63A-3-107; and
1379 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1380 63A-3-107.
1381 Section 28. Section 79-4-302 is amended to read:
1382 79-4-302. Board appointment and terms of members -- Expenses.
1383 (1) (a) The board is composed of nine members appointed by the governor, with the
1384 consent of the Senate, to four-year terms.
1385 (b) In addition to the requirements of Section 79-2-203, the governor shall appoint:
1386 (i) [
1387 (ii) one member from the public at large; and
1388 [
1389 (iii) [
1390 and recreation.
1391 (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
1392 adjust the length of terms to ensure that the terms of board members are staggered so that
1393 approximately half of the board is appointed every two years.
1394 (2) When vacancies occur because of death, resignation, or other cause, the governor,
1395 with the consent of the Senate, shall:
1396 (a) appoint a person to complete the unexpired term of the person whose office was
1397 vacated; and
1398 (b) if the person was appointed from a judicial district, appoint the replacement from
1399 the judicial district from which the person whose office has become vacant was appointed.
1400 (3) The board shall appoint its chair from its membership.
1401 (4) A member may not receive compensation or benefits for the member's service, but
1402 may receive per diem and travel expenses in accordance with:
1403 (a) Section 63A-3-106;
1404 (b) Section 63A-3-107; and
1405 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1406 63A-3-107.
Legislative Review Note
Office of Legislative Research and General Counsel