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7 LONG TITLE
8 General Description:
9 This bill creates conflicts of interest and vacancy procedures for certain types of boards,
10 commissions, and committees.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ enacts procedures to follow for vacancies on certain types of boards, commissions,
15 and committees;
16 ▸ enacts procedures for a member of certain types of boards, commissions, and
17 committees to follow when the member has a conflict of interest;
18 ▸ modifies deadlines, and the information provided by the governor, with respect to
19 certain non-judicial gubernatorial nominees;
20 ▸ requires a Senate confirmation hearing, and provides an exception to a deadline
21 waiver provision, for certain nominees;
22 ▸ requires notice of anticipated vacancies in certain offices that require Senate
23 consent; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 This bill provides coordination clauses.
30 Utah Code Sections Affected:
31 AMENDS:
32 4-18-104, as last amended by Laws of Utah 2018, Chapter 115
33 9-6-204, as last amended by Laws of Utah 2012, Chapter 212
34 9-8-204, as last amended by Laws of Utah 2019, Chapter 221
35 19-1-106, as last amended by Laws of Utah 2015, Chapter 451
36 19-2-103, as last amended by Laws of Utah 2015, Chapter 154
37 19-4-103, as last amended by Laws of Utah 2012, Chapter 360
38 19-5-103, as last amended by Laws of Utah 2015, Chapter 234
39 19-6-103, as last amended by Laws of Utah 2015, Chapter 451
40 23-14-2, as last amended by Laws of Utah 2011, Chapter 297
41 26-21-3, as last amended by Laws of Utah 2011, Chapter 366
42 26-33a-103, as last amended by Laws of Utah 2014, Chapter 118
43 31A-2-403, as last amended by Laws of Utah 2019, Chapter 193
44 32B-2-201, as last amended by Laws of Utah 2012, Chapter 365
45 34-20-3, as last amended by Laws of Utah 2016, Chapter 348
46 35A-8-304, as last amended by Laws of Utah 2019, Chapter 89
47 35A-8-2103, as renumbered and amended by Laws of Utah 2018, Chapter 182
48 40-6-4, as last amended by Laws of Utah 2013, Chapter 243
49 51-7-16, as last amended by Laws of Utah 2010, Chapter 286
50 53B-1-104, as last amended by Laws of Utah 2018, Chapter 382
51 53B-2-104, as last amended by Laws of Utah 2019, Chapter 357
52 53B-2a-103, as last amended by Laws of Utah 2018, Chapter 382
53 53B-2a-108, as repealed and reenacted by Laws of Utah 2018, Chapter 382
54 53C-1-202, as last amended by Laws of Utah 2011, Chapter 247
55 54-1-1.5, as last amended by Laws of Utah 2002, Chapter 176
56 59-1-201, as last amended by Laws of Utah 2014, Chapter 370
57 59-1-203, as last amended by Laws of Utah 1991, Chapter 114
58 59-13-103, as last amended by Laws of Utah 2008, Chapter 153
59 61-2f-103, as last amended by Laws of Utah 2016, Chapters 25 and 381
60 61-2g-204, as renumbered and amended by Laws of Utah 2011, Chapter 289
61 62A-1-107, as last amended by Laws of Utah 2019, Chapter 246
62 63G-2-501, as last amended by Laws of Utah 2019, Chapter 254
63 63H-6-104, as last amended by Laws of Utah 2018, Chapter 447
64 63H-8-201, as renumbered and amended by Laws of Utah 2015, Chapter 226
65 63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352
66 63M-7-504, as last amended by Laws of Utah 2011, Chapter 131
67 63N-1-401, as renumbered and amended by Laws of Utah 2015, Chapter 283
68 67-1-2, as last amended by Laws of Utah 2008, Chapter 382
69 67-1-2.5, as last amended by Laws of Utah 2019, Chapter 246
70 72-1-301, as last amended by Laws of Utah 2019, Chapter 479
71 72-1-302, as last amended by Laws of Utah 2002, Chapter 10
72 73-10-2, as last amended by Laws of Utah 2010, Chapter 286
73 77-27-2, as last amended by Laws of Utah 2011, Chapter 366
74 78A-11-103, as last amended by Laws of Utah 2012, Chapter 133
75 78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
76 amended by Laws of Utah 2019, Chapter 326
77 79-3-302, as last amended by Laws of Utah 2010, Chapter 286
78 79-4-302, as last amended by Laws of Utah 2010, Chapter 286
79 ENACTS:
80 63G-24-101, Utah Code Annotated 1953
81 63G-24-102, Utah Code Annotated 1953
82 63G-24-103, Utah Code Annotated 1953
83 63G-24-201, Utah Code Annotated 1953
84 63G-24-202, Utah Code Annotated 1953
85 63G-24-203, Utah Code Annotated 1953
86 63G-24-204, Utah Code Annotated 1953
87 63G-24-205, Utah Code Annotated 1953
88 63G-24-301, Utah Code Annotated 1953
89 63G-24-302, Utah Code Annotated 1953
90 Utah Code Sections Affected by Coordination Clause:
91 26-21-3, as last amended by Laws of Utah 2011, Chapter 366
92 53B-1-404, renumbered from 53B-1-104, as last amended by Laws of Utah 2018,
93 Chapter 382
94 63G-24-102, Utah Code Annotated 1953
95 67-1-2, as last amended by Laws of Utah 2008, Chapter 382
96
97 Be it enacted by the Legislature of the state of Utah:
98 Section 1. Section 4-18-104 is amended to read:
99 4-18-104. Conservation Commission created -- Composition -- Appointment --
100 Terms -- Compensation -- Attorney general to provide legal assistance.
101 (1) There is created within the department the Conservation Commission to perform
102 the functions specified in this chapter.
103 (2) The Conservation Commission shall be composed of:
104 (a) [
105 (i) the director of the Extension Service at Utah State University or the director's
106 designee;
107 (ii) the executive director of the Department of Natural Resources or the executive
108 director's designee;
109 (iii) the executive director of the Department of Environmental Quality or the
110 executive director's designee;
111 (iv) the president of the County Weed Supervisors Association or the president's
112 designee; and
113 (v) seven district supervisors who provide district representation on the commission on
114 a multicounty basis; and
115 (b) the commissioner or the commissioner's designee.
116 (3) If a district supervisor is unable to attend a meeting, the district supervisor may
117 designate an alternate to serve in the place of the district supervisor for that meeting.
118 (4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an
119 association that represents a conservation district.
120 (5) (a) The commissioner or the commissioner's designee shall serve as chair of the
121 Conservation Commission.
122 (b) The commissioner or the commissioner's designee may not vote except in the event
123 of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding
124 vote.
125 (6) The members of the commission specified in Subsection (2)(a)(v) shall:
126 (a) be recommended by the commission to the governor; and
127 (b) be appointed by the governor with the consent of the Senate in accordance with
128 Title 63G, Chapter 24, Part 2, Vacancies.
129 (7) (a) Except as required by Subsection (7)(b), as terms of current commission
130 members expire, the governor shall appoint each new member or reappointed member to a
131 four-year term.
132 (b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the
133 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
134 commission members are staggered so that approximately half of the commission is appointed
135 every two years.
136 (c) A commission member may not be appointed to more than two consecutive terms.
137 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
138 appointed for the unexpired term.
139 (9) Attendance of six voting members of the commission at a meeting constitutes a
140 quorum.
141 (10) A member may not receive compensation or benefits for the member's service, but
142 may receive per diem and travel expenses in accordance with:
143 (a) Section 63A-3-106;
144 (b) Section 63A-3-107; and
145 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
146 63A-3-107.
147 (11) The commission shall keep a record of the commission's actions.
148 (12) The attorney general shall provide legal services to the commission upon request.
149 (13) A member shall comply with the conflict of interest provisions described in Title
150 63G, Chapter 24, Part 3, Conflicts of Interest.
151 Section 2. Section 9-6-204 is amended to read:
152 9-6-204. Utah Arts Council Board of Directors.
153 (1) There is created within the division the Board of Directors of the Utah Arts
154 Council.
155 (2) (a) The board shall consist of 13 members appointed by the governor to four-year
156 terms of office with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
157 Vacancies.
158 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
159 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
160 board members are staggered so that approximately half of the board is appointed every two
161 years.
162 (c) Nine board members shall be working artists in the following areas:
163 (i) visual arts;
164 (ii) architecture or design;
165 (iii) literature;
166 (iv) music;
167 (v) sculpture;
168 (vi) folklore or folk arts;
169 (vii) theatre;
170 (viii) dance; and
171 (ix) media arts.
172 (d) Four board members shall be citizens knowledgeable in the arts.
173 (3) The members shall be appointed from the state at large with due consideration for
174 geographical representation.
175 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
176 appointed for the unexpired term by the governor within one month from the time of vacancy.
177 (5) Seven members of the board constitute a quorum for the transaction of business.
178 (6) The governor shall annually select one of the board members as chair.
179 (7) A member may not receive compensation or benefits for the member's service, but
180 may receive per diem and travel expenses in accordance with:
181 (a) Section 63A-3-106;
182 (b) Section 63A-3-107; and
183 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
184 63A-3-107.
185 (8) A member may not receive gifts, prizes, or awards of money from the purchasing
186 fund of the division during the member's term of office.
187 (9) A member shall comply with the conflict of interest provisions described in Title
188 63G, Chapter 24, Part 3, Conflicts of Interest.
189 Section 3. Section 9-8-204 is amended to read:
190 9-8-204. Board of State History.
191 (1) There is created within the department the Board of State History.
192 (2) The board shall consist of 11 members appointed by the governor with the consent
193 of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies, as follows:
194 (a) sufficient representatives to satisfy the federal requirements for an adequately
195 qualified State Historic Preservation Review Board; and
196 (b) other persons with an interest in the subject matter of the division's responsibilities.
197 (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
198 terms of four years and shall serve until their successors are appointed and qualified.
199 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
200 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
201 board members are staggered so that approximately half of the board is appointed every two
202 years.
203 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
204 appointed for the unexpired term with the consent of the Senate.
205 (5) A simple majority of the board constitutes a quorum for conducting board business.
206 (6) The governor shall select a chair and vice chair from the board members.
207 (7) A member may not receive compensation or benefits for the member's service, but
208 may receive per diem and travel expenses in accordance with:
209 (a) Section 63A-3-106;
210 (b) Section 63A-3-107; and
211 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
212 63A-3-107.
213 (8) A member shall comply with the conflict of interest provisions described in Title
214 63G, Chapter 24, Part 3, Conflicts of Interest.
215 Section 4. Section 19-1-106 is amended to read:
216 19-1-106. Boards within department.
217 (1) The following policymaking boards are created within the department:
218 (a) the Air Quality Board, appointed under Section 19-2-103;
219 (b) the Drinking Water Board, appointed under Section 19-4-103;
220 (c) the Water Quality Board, appointed under Section 19-5-103; and
221 (d) the Waste Management and Radiation Control Board, appointed under Section
222 [
223 (2) The authority of the boards created in Subsection (1) is limited to the specific
224 authority granted them under this title.
225 (3) A vacancy that occurs during an expired term in a board described in Subsection (1)
226 shall be filled in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
227 Section 5. Section 19-2-103 is amended to read:
228 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
229 and expenses.
230 (1) The board consists of the following nine members:
231 (a) the following non-voting member, except that the member may vote to break a tie
232 vote between the voting members:
233 (i) the executive director; or
234 (ii) an employee of the department designated by the executive director; and
235 (b) the following eight voting members, who shall be appointed by the governor with
236 the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
237 (i) one representative who:
238 (A) is not connected with industry;
239 (B) is an expert in air quality matters; and
240 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
241 with relevant training and experience;
242 (ii) two government representatives who do not represent the federal government;
243 (iii) one representative from the mining industry;
244 (iv) one representative from the fuels industry;
245 (v) one representative from the manufacturing industry;
246 (vi) one representative from the public who represents:
247 (A) an environmental nongovernmental organization; or
248 (B) a nongovernmental organization that represents community interests and does not
249 represent industry interests; and
250 (vii) one representative from the public who is trained and experienced in public
251 health.
252 (2) A member of the board shall:
253 (a) be knowledgeable about air pollution matters, as evidenced by a professional
254 degree, a professional accreditation, or documented experience;
255 (b) be a resident of Utah;
256 (c) attend board meetings in accordance with the attendance rules made by the
257 department under Subsection 19-1-201(1)(d)(i)(A); and
258 (d) comply with all applicable statutes, rules, and policies, including the conflict of
259 interest [
260 the conflict of interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
261 (3) No more than five of the appointed members of the board shall belong to the same
262 political party.
263 (4) A majority of the members of the board may not derive any significant portion of
264 their income from persons subject to permits or orders under this chapter.
265 (5) (a) Members shall be appointed for a term of four years.
266 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
267 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
268 board members are staggered so that half of the appointed board is appointed every two years.
269 (6) A member may serve more than one term.
270 (7) A member shall hold office until the expiration of the member's term and until the
271 member's successor is appointed, but not more than 90 days after the expiration of the
272 member's term.
273 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
274 appointed for the unexpired term.
275 (9) The board shall elect annually a chair and a vice chair from its members.
276 (10) (a) The board shall meet at least quarterly.
277 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
278 the request of the director, or upon the request of three members of the board.
279 (c) Three days' notice shall be given to each member of the board before a meeting.
280 (11) Five members constitute a quorum at a meeting, and the action of a majority of
281 members present is the action of the board.
282 (12) A member may not receive compensation or benefits for the member's service, but
283 may receive per diem and travel expenses in accordance with:
284 (a) Section 63A-3-106;
285 (b) Section 63A-3-107; and
286 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
287 63A-3-107.
288 Section 6. Section 19-4-103 is amended to read:
289 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
290 diem and expenses.
291 (1) The board consists of the following nine members:
292 (a) the following non-voting member, except that the member may vote to break a tie
293 vote between the voting members:
294 (i) the executive director; or
295 (ii) an employee of the department designated by the executive director; and
296 (b) the following eight voting members, who shall be appointed by the governor with
297 the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
298 (i) one representative who is a Utah-licensed professional engineer with expertise in
299 civil or sanitary engineering;
300 (ii) two representatives who are elected officials from a municipal government that is
301 involved in the management or operation of a public water system;
302 (iii) one representative from an improvement district, a water conservancy district, or a
303 metropolitan water district;
304 (iv) one representative from an entity that manages or operates a public water system;
305 (v) one representative from:
306 (A) the state water research community; or
307 (B) an institution of higher education that has comparable expertise in water research
308 to the state water research community;
309 (vi) one representative from the public who represents:
310 (A) an environmental nongovernmental organization; or
311 (B) a nongovernmental organization that represents community interests and does not
312 represent industry interests; and
313 (vii) one representative from the public who is trained and experienced in public
314 health.
315 (2) A member of the board shall:
316 (a) be knowledgeable about drinking water and public water systems, as evidenced by a
317 professional degree, a professional accreditation, or documented experience;
318 (b) represent different geographical areas within the state insofar as practicable;
319 (c) be a resident of Utah;
320 (d) attend board meetings in accordance with the attendance rules made by the
321 department under Subsection 19-1-201(1)(d)(i)(A); and
322 (e) comply with all applicable statutes, rules, and policies, including the conflict of
323 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of
324 interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
325 (3) No more than five appointed members of the board shall be from the same political
326 party.
327 (4) (a) As terms of current board members expire, the governor shall appoint each new
328 member or reappointed member to a four-year term.
329 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
330 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
331 board members are staggered so that half of the appointed board is appointed every two years.
332 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
333 appointed before May 1, 2013, shall expire on April 30, 2013.
334 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
335 accordance with this section.
336 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
337 appointed for the unexpired term.
338 (6) Each member holds office until the expiration of the member's term, and until a
339 successor is appointed, but not for more than 90 days after the expiration of the term.
340 (7) The board shall elect annually a chair and a vice chair from its members.
341 (8) (a) The board shall meet at least quarterly.
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) Reasonable notice shall be given to each member of the board before any meeting.
345 (9) Five members constitute a quorum at any meeting and the action of the majority of
346 the members present is the action of the board.
347 (10) A member may not receive compensation or benefits for the member's service, but
348 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 19-5-103 is amended to read:
354 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
355 Organization -- Meetings -- Per 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 in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
363 (i) one representative who:
364 (A) is an expert and has relevant training and experience in water quality matters;
365 (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
366 with relevant training and experience; and
367 (C) represents local and special service districts in the state;
368 (ii) two government representatives who do not represent the federal government;
369 (iii) one representative from the mineral industry;
370 (iv) one representative from the manufacturing industry;
371 (v) one representative who represents agricultural and livestock interests;
372 (vi) one representative from the public who represents:
373 (A) an environmental nongovernmental organization; or
374 (B) a nongovernmental organization that represents community interests and does not
375 represent industry interests; and
376 (vii) one representative from the public who is trained and experienced in public
377 health.
378 (2) A member of the board shall:
379 (a) be knowledgeable about water quality matters, as evidenced by a professional
380 degree, a professional accreditation, or documented experience;
381 (b) be a resident of Utah;
382 (c) attend board meetings in accordance with the attendance rules made by the
383 department under Subsection 19-1-201(1)(d)(i)(A); and
384 (d) comply with all applicable statutes, rules, and policies, including the conflict of
385 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the conflict of
386 interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
387 (3) No more than five of the appointed members may be from the same political party.
388 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
389 appointed for the unexpired term with the consent of the Senate.
390 (5) (a) A member shall be appointed for a term of four years and is eligible for
391 reappointment.
392 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
393 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
394 board members are staggered so that half of the appointed board is appointed every two years.
395 [
396
397 [
398
399 (6) A member shall hold office until the expiration of the member's term and until the
400 member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
401 (7) The board shall:
402 (a) organize and annually select one of its members as chair and one of its members as
403 vice chair;
404 (b) hold at least four regular meetings each calendar year; and
405 (c) keep minutes of its proceedings which are open to the public for inspection.
406 (8) The chair may call a special meeting upon the request of three or more members of
407 the board.
408 (9) Each member of the board and the director shall be notified of the time and place of
409 each meeting.
410 (10) Five members of the board constitute a quorum for the transaction of business,
411 and the action of a majority of members present is the action of the board.
412 (11) A member may not receive compensation or benefits for the member's service, but
413 may receive per diem and travel expenses in accordance with:
414 (a) Section 63A-3-106;
415 (b) Section 63A-3-107; and
416 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
417 63A-3-107.
418 Section 8. Section 19-6-103 is amended to read:
419 19-6-103. Waste Management and Radiation Control Board -- Members -- Terms
420 -- Organization -- Meetings -- Per diem and expenses.
421 (1) The board consists of the following 12 members:
422 (a) the following non-voting member, except that the member may vote to break a tie
423 vote between the voting members:
424 (i) the executive director; or
425 (ii) an employee of the department designated by the executive director; and
426 (b) the following 11 voting members appointed by the governor with the consent of the
427 Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
428 (i) one representative who is:
429 (A) not connected with industry; and
430 (B) a Utah-licensed professional engineer;
431 (ii) two government representatives who do not represent the federal government;
432 (iii) one representative from the manufacturing, mining, or fuel industry;
433 (iv) one representative from the private solid or hazardous waste disposal industry;
434 (v) one representative from the private hazardous waste recovery industry;
435 (vi) one representative from the radioactive waste management industry;
436 (vii) one representative from the uranium milling industry;
437 (viii) one representative from the public who represents:
438 (A) an environmental nongovernmental organization; or
439 (B) a nongovernmental organization that represents community interests and does not
440 represent industry interests;
441 (ix) one representative from the public who is trained and experienced in public health
442 and a licensed:
443 (A) medical doctor; or
444 (B) dentist; and
445 (x) one representative who is:
446 (A) a medical physicist or a health physicist; or
447 (B) a professional employed in the field of radiation safety.
448 (2) A member of the board shall:
449 (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
450 protection as evidenced by a professional degree, a professional accreditation, or documented
451 experience;
452 (b) be a resident of Utah;
453 (c) attend board meetings in accordance with the attendance rules made by the
454 department under Subsection 19-1-201(1)(d)(i)(A); and
455 (d) comply with all applicable statutes, rules, and policies, including the conflict of
456 interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B) and
457 the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
458 Interest.
459 (3) No more than six of the appointed members may be from the same political party.
460 (4) (a) Members shall be appointed for terms of four years each.
461 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
462 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
463 board members are staggered so that half of the appointed board is appointed every two years.
464 [
465
466 [
467
468 (5) Each member is eligible for reappointment.
469 (6) Board members shall continue in office until the expiration of their terms and until
470 their successors are appointed, but not more than 90 days after the expiration of their terms.
471 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
472 appointed for the unexpired term by the governor, after considering recommendations of the
473 board and with the consent of the Senate.
474 (8) The board shall elect a chair and vice chair on or before April 1 of each year from
475 its membership.
476 (9) A member may not receive compensation or benefits for the member's service, but
477 may receive per diem and travel expenses in accordance with:
478 (a) Section 63A-3-106;
479 (b) Section 63A-3-107; and
480 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
481 63A-3-107.
482 (10) (a) The board shall hold a meeting at least once every three months including one
483 meeting during each annual general session of the Legislature.
484 (b) Meetings shall be held on the call of the chair, the director, or any three of the
485 members.
486 (11) Six members constitute a quorum at any meeting, and the action of the majority of
487 members present is the action of the board.
488 Section 9. Section 23-14-2 is amended to read:
489 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --
490 Meetings -- Per diem and expenses.
491 (1) There is created a Wildlife Board which shall consist of seven members appointed
492 by the governor with the consent of the Senate in accordance with Title 63G, Chapter 24, Part
493 2, Vacancies.
494 (2) (a) In addition to the requirements of Section 79-2-203, the members of the board
495 shall have expertise or experience in at least one of the following areas:
496 (i) wildlife management or biology;
497 (ii) habitat management, including range or aquatic;
498 (iii) business, including knowledge of private land issues; and
499 (iv) economics, including knowledge of recreational wildlife uses.
500 (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
501 least one member of the Wildlife Board.
502 (3) (a) The governor shall select each board member from a list of nominees submitted
503 by the nominating committee pursuant to Section 23-14-2.5.
504 (b) No more than two members shall be from a single wildlife region described in
505 Subsection 23-14-2.6(1).
506 (c) The governor may request an additional list of at least two nominees from the
507 nominating committee if the initial list of nominees for a given position is unacceptable.
508 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
509 the initial or additional list, the nominating committee shall make an interim appointment by
510 majority vote.
511 (ii) The interim board member shall serve until the matter is resolved by the committee
512 and the governor or until the board member is replaced pursuant to this chapter.
513 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
514 expire, the governor shall appoint each new member or reappointed member to a six-year term.
515 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
516 time of appointment or reappointment, adjust the length of terms to ensure that:
517 (i) the terms of board members are staggered so that approximately one-third of the
518 board is appointed every two years; and
519 (ii) members serving from the same region have staggered terms.
520 (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
521 in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a replacement for
522 the unexpired term.
523 (d) Board members may serve only one term unless:
524 (i) the member is among the first board members appointed to serve four years or less;
525 or
526 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
527 (5) (a) The board shall elect a chair and a vice chair from its membership.
528 (b) Four members of the board shall constitute a quorum.
529 (c) The director of the Division of Wildlife Resources shall act as secretary to the
530 board but is not a voting member of the board.
531 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
532 to expeditiously conduct its business.
533 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
534 emergency situations.
535 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
536 Resources or elsewhere as determined by the Wildlife Board.
537 (7) A member may not receive compensation or benefits for the member's service, but
538 may receive per diem and travel expenses in accordance with:
539 (a) Section 63A-3-106;
540 (b) Section 63A-3-107; and
541 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
542 63A-3-107.
543 (8) (a) The members of the Wildlife Board shall complete an orientation course to
544 assist them in the performance of the duties of their office.
545 (b) The Department of Natural Resources shall provide the course required under
546 Subsection (8)(a).
547 (9) A member shall comply with the conflict of interest provisions described in Title
548 63G, Chapter 24, Part 3, Conflicts of Interest.
549 Section 10. Section 26-21-3 is amended to read:
550 26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
551 Meetings.
552 (1) The Health Facility Committee created by Section 26-1-7 consists of 15 members
553 appointed by the governor with the consent of the Senate in accordance with Title 63G,
554 Chapter 24, Part 2, Vacancies. The appointed members shall be knowledgeable about health
555 care facilities and issues. The membership of the committee is:
556 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
557 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
558 who is a graduate of a regularly chartered medical school;
559 (b) one hospital administrator;
560 (c) one hospital trustee;
561 (d) one representative of a freestanding ambulatory surgical facility;
562 (e) one representative of an ambulatory surgical facility that is affiliated with a
563 hospital;
564 (f) two representatives of the nursing care facility industry;
565 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
566 Practice Act;
567 (h) one professional in the field of intellectual disabilities not affiliated with a nursing
568 care facility;
569 (i) one licensed architect or engineer with expertise in health care facilities;
570 (j) two representatives of assisted living facilities licensed under this chapter;
571 (k) two consumers, one of whom has an interest in or expertise in geriatric care; and
572 (l) one representative from either a home health care provider or a hospice provider.
573 (2) (a) Except as required by Subsection (2)(b), members shall be appointed for a term
574 of four years.
575 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
576 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
577 committee members are staggered so that approximately half of the committee is appointed
578 every two years.
579 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
580 appointed for the unexpired term by the governor, giving consideration to recommendations
581 made by the committee, with the consent of the Senate.
582 (d) A member may not serve more than two consecutive full terms or 10 consecutive
583 years, whichever is less. However, a member may continue to serve as a member until he is
584 replaced.
585 (e) The committee shall annually elect from its membership a chair and vice chair.
586 (f) The committee shall meet at least quarterly, or more frequently as determined by the
587 chair or five members of the committee.
588 (g) Eight members constitute a quorum. A vote of the majority of the members present
589 constitutes action of the committee.
590 (h) A member shall comply with the conflict of interest provisions described in Title
591 63G, Chapter 24, Part 3, Conflicts of Interest.
592 Section 11. Section 26-33a-103 is amended to read:
593 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
594 (1) The Health Data Committee created by Section 26-1-7 shall be composed of 15
595 members.
596 (2) (a) One member shall be:
597 (i) the commissioner of the Utah Insurance Department; or
598 (ii) the commissioner's designee who shall have knowledge regarding the health care
599 system and characteristics and use of health data.
600 (b) Fourteen members shall be appointed by the governor with the consent of the
601 Senate in accordance with Subsection (3) and in accordance with Title 63G, Chapter 24, Part 2,
602 Vacancies. No more than seven members of the committee appointed by the governor may be
603 members of the same political party.
604 (3) The members of the committee appointed under Subsection (2)(b) shall:
605 (a) be knowledgeable regarding the health care system and the characteristics and use
606 of health data;
607 (b) be selected so that the committee at all times includes individuals who provide
608 care;
609 (c) include one person employed by or otherwise associated with a general acute
610 hospital as defined by Section 26-21-2, who is knowledgeable about the collection, analysis,
611 and use of health care data;
612 (d) include two physicians, as defined in Section 58-67-102:
613 (i) who are licensed to practice in this state;
614 (ii) who actively practice medicine in this state;
615 (iii) who are trained in or have experience with the collection, analysis, and use of
616 health care data; and
617 (iv) one of whom is selected by the Utah Medical Association;
618 (e) include three persons:
619 (i) who are:
620 (A) employed by or otherwise associated with a business that supplies health care
621 insurance to its employees; and
622 (B) knowledgeable about the collection and use of health care data; and
623 (ii) at least one of whom represents an employer employing 50 or fewer employees;
624 (f) include three persons representing health insurers:
625 (i) at least one of whom is employed by or associated with a third-party payor that is
626 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
627 Health Plans;
628 (ii) at least one of whom is employed by or associated with a third party payer that is
629 licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
630 Plans; and
631 (iii) who are trained in, or experienced with the collection, analysis, and use of health
632 care data;
633 (g) include two consumer representatives:
634 (i) from organized consumer or employee associations; and
635 (ii) knowledgeable about the collection and use of health care data;
636 (h) include one person:
637 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
638 broad support of health care payers and health care providers; and
639 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
640 and
641 (i) include two persons representing public health who are trained in, or experienced
642 with the collection, use, and analysis of health care data.
643 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
644 expire, the governor shall appoint each new member or reappointed member to a four-year
645 term.
646 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
647 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
648 committee members are staggered so that approximately half of the committee is appointed
649 every two years.
650 (c) Members may serve after their terms expire until replaced.
651 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
652 appointed for the unexpired term.
653 (6) Committee members shall annually elect a chair of the committee from among their
654 membership. The chair shall report to the executive director.
655 (7) The committee shall meet at least once during each calendar quarter. Meeting dates
656 shall be set by the chair upon 10 working days notice to the other members, or upon written
657 request by at least four committee members with at least 10 working days notice to other
658 committee members.
659 (8) Eight committee members constitute a quorum for the transaction of business.
660 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
661 committee.
662 (9) A member may not receive compensation or benefits for the member's service, but
663 may receive per diem and travel expenses in accordance with:
664 (a) Section 63A-3-106;
665 (b) Section 63A-3-107; and
666 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
667 63A-3-107.
668 (10) All meetings of the committee shall be open to the public, except that the
669 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
670 52-4-206 are met.
671 (11) A member shall comply with the conflict of interest provisions described in Title
672 63G, Chapter 24, Part 3, Conflicts of Interest.
673 Section 12. Section 31A-2-403 is amended to read:
674 31A-2-403. Title and Escrow Commission created.
675 (1) (a) Subject to Subsection (1)(b), there is created within the department the Title and
676 Escrow Commission that is comprised of five members who shall be, in accordance with Title
677 63G, Chapter 24, Part 2, Vacancies, appointed by the governor with the consent of the Senate
678 as follows:
679 (i) except as provided in Subsection (1)(c), two members shall be employees of a title
680 insurer;
681 (ii) two members shall:
682 (A) be employees of a Utah agency title insurance producer;
683 (B) be or have been licensed under the title insurance line of authority;
684 (C) as of the day on which the member is appointed, be or have been licensed with the
685 title examination or escrow subline of authority for at least five years; and
686 (D) as of the day on which the member is appointed, not be from the same county as
687 another member appointed under this Subsection (1)(a)(ii); and
688 (iii) one member shall be a member of the general public from any county in the state.
689 (b) No more than one commission member may be appointed from a single company
690 or an affiliate or subsidiary of the company.
691 (c) If the governor is unable to identify more than one individual who is an employee
692 of a title insurer and willing to serve as a member of the commission, the commission shall
693 include the following members in lieu of the members described in Subsection (1)(a)(i):
694 (i) one member who is an employee of a title insurer; and
695 (ii) one member who is an employee of a Utah agency title insurance producer.
696 (2) (a) Subject to Subsection (2)(c), a commission member shall comply with the
697 conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest,
698 and file with the commissioner a disclosure of any position of employment or ownership
699 interest that the commission member has with respect to a person that is subject to the
700 jurisdiction of the commissioner.
701 (b) The disclosure statement required by this Subsection (2) shall be:
702 (i) filed by no later than the day on which the person begins that person's appointment;
703 and
704 (ii) amended when a significant change occurs in any matter required to be disclosed
705 under this Subsection (2).
706 (c) A commission member is not required to disclose an ownership interest that the
707 commission member has if the ownership interest is in a publicly traded company or held as
708 part of a mutual fund, trust, or similar investment.
709 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
710 members expire, the governor shall appoint each new commission member to a four-year term
711 ending on June 30.
712 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
713 time of appointment, adjust the length of terms to ensure that the terms of the commission
714 members are staggered so that approximately half of the members appointed under Subsection
715 (1)(a)(i) and half of the members appointed under Subsection (1)(a)(ii) are appointed every two
716 years.
717 (c) A commission member may not serve more than one consecutive term.
718 (d) When a vacancy occurs in the membership for any reason, the governor, with the
719 consent of the Senate, shall appoint a replacement for the unexpired term.
720 (e) Notwithstanding the other provisions of this Subsection (3), a commission member
721 serves until a successor is appointed by the governor with the consent of the Senate.
722 (4) A commission member may not receive compensation or benefits for the
723 commission member's service, but may receive per diem and travel expenses in accordance
724 with:
725 (a) Section 63A-3-106;
726 (b) Section 63A-3-107; and
727 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
728 63A-3-107.
729 (5) Members of the commission shall annually select one commission member to serve
730 as chair.
731 (6) (a) (i) Except as provided in Subsection (6)(b), the commission shall meet at least
732 monthly.
733 (ii) (A) The commissioner shall, with the concurrence of the chair of the commission,
734 designate at least one monthly meeting per quarter as an in-person meeting.
735 (B) Notwithstanding Section 52-4-207, a commission member shall physically attend a
736 meeting designated as an in-person meeting under Subsection (6)(a)(ii)(A) and may not attend
737 through electronic means. A commission member may attend any other commission meeting,
738 subcommittee meeting, or emergency meeting by electronic means in accordance with Section
739 52-4-207.
740 (b) (i) Except as provided in Subsection (6)(b)(ii), the commissioner may, with the
741 concurrence of the chair of the commission, cancel a monthly meeting of the commission if,
742 due to the number or nature of pending title insurance matters, the monthly meeting is not
743 necessary.
744 (ii) The commissioner may not cancel a monthly meeting designated as an in-person
745 meeting under Subsection (6)(a)(ii)(A).
746 (c) The commissioner may call additional meetings:
747 (i) at the commissioner's discretion;
748 (ii) upon the request of the chair of the commission; or
749 (iii) upon the written request of three or more commission members.
750 (d) (i) Three commission members constitute a quorum for the transaction of business.
751 (ii) The action of a majority of the commission members when a quorum is present is
752 the action of the commission.
753 (7) The commissioner shall staff the commission.
754 Section 13. Section 32B-2-201 is amended to read:
755 32B-2-201. Alcoholic Beverage Control Commission created.
756 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
757 the governing board over the department.
758 (2) (a) The commission is composed of seven part-time commissioners appointed by
759 the governor with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
760 Vacancies.
761 (b) No more than four commissioners may be of the same political party.
762 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
763 governor shall appoint each new commissioner or reappointed commissioner to a four-year
764 term.
765 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
766 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
767 more than three commissioners expire in a fiscal year.
768 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
769 appoint a replacement for the unexpired term with the consent of the Senate.
770 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
771 the commission after the expiration of a term until a successor is appointed by the governor,
772 with the consent of the Senate.
773 (5) A commissioner shall take the oath of office.
774 (6) (a) The governor may remove a commissioner from the commission for cause,
775 neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
776 (i) the governor; or
777 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
778 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
779 shall provide the commissioner notice of:
780 (i) the date, time, and place of the hearing; and
781 (ii) the alleged grounds for the removal.
782 (c) The commissioner shall have an opportunity to:
783 (i) attend the hearing;
784 (ii) present witnesses and other evidence; and
785 (iii) confront and cross examine witnesses.
786 (d) After a hearing under this Subsection (6):
787 (i) the person conducting the hearing shall prepare written findings of fact and
788 conclusions of law; and
789 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
790 commissioner.
791 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
792 examiner shall issue a written recommendation to the governor in addition to complying with
793 Subsection (6)(d).
794 (f) A commissioner has five days from the day on which the commissioner receives the
795 findings and conclusions described in Subsection (6)(d) to file written objections to the
796 recommendation before the governor issues a final order.
797 (g) The governor shall:
798 (i) issue the final order under this Subsection (6) in writing; and
799 (ii) serve the final order upon the commissioner.
800 (7) A commissioner may not receive compensation or benefits for the commissioner's
801 service, but may receive per diem and travel expenses in accordance with:
802 (a) Section 63A-3-106;
803 (b) Section 63A-3-107; and
804 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
805 63A-3-107.
806 (8) (a) The governor shall annually appoint the chair of the commission. A
807 commissioner serves as chair to the commission at the pleasure of the governor. If removed as
808 chair, the commissioner continues to serve as a commissioner unless removed as a
809 commissioner under Subsection (6).
810 (b) The commission shall elect:
811 (i) another commissioner to serve as vice chair; and
812 (ii) other commission officers as the commission considers advisable.
813 (c) A commissioner elected under Subsection (8)(b) shall serve in the office to which
814 the commissioner is elected at the pleasure of the commission.
815 (9) (a) Each commissioner has equal voting rights on a commission matter when in
816 attendance at a commission meeting.
817 (b) Four commissioners is a quorum for conducting commission business.
818 (c) A majority vote of the quorum present at a meeting is required for the commission
819 to act.
820 (d) A commissioner shall comply with the conflict of interest provisions described in
821 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
822 (10) (a) The commission shall meet at least monthly, but may hold other meetings at
823 times and places as scheduled by:
824 (i) the commission;
825 (ii) the chair; or
826 (iii) three commissioners upon filing a written request for a meeting with the chair.
827 (b) Notice of the time and place of a commission meeting shall be given to each
828 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
829 Meetings Act. A commission meeting is open to the public, except for a commission meeting
830 or portion of a commission meeting that is closed by the commission as authorized by Sections
831 52-4-204 and 52-4-205.
832 Section 14. Section 34-20-3 is amended to read:
833 34-20-3. Labor relations board.
834 (1) (a) There is created the Labor Relations Board consisting of the following:
835 (i) the commissioner of the Labor Commission;
836 (ii) two members who shall be, in accordance with Title 63G, Chapter 24, Part 2,
837 Vacancies, appointed by the governor with the consent of the Senate consisting of:
838 (A) a representative of employers, in the appointment of whom the governor shall
839 consider nominations from employer organizations; and
840 (B) a representative of employees, in the appointment of whom the governor shall
841 consider nominations from employee organizations.
842 (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed
843 under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed
844 member to a four-year term.
845 (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
846 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
847 members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
848 two years.
849 (c) The commissioner shall serve as chair of the board.
850 (d) A vacancy occurring on the board for any cause of the members appointed under
851 Subsection (1)(a)(ii) shall be filled by the governor with the consent of the Senate pursuant to
852 this section for the unexpired term of the vacating member.
853 (e) The governor may at any time remove a member appointed under Subsection
854 (1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for
855 cause upon a hearing.
856 (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any
857 other office in the government of the United States, this state or any other state, or of any
858 county government or municipal corporation within a state.
859 (g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or
860 benefits for the member's service, but may receive per diem and travel expenses in accordance
861 with:
862 (i) Section 63A-3-106;
863 (ii) Section 63A-3-107; and
864 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
865 63A-3-107.
866 (2) A meeting of the board may be called:
867 (a) by the chair; or
868 (b) jointly by the members appointed under Subsection (1)(a)(ii).
869 (3) The chair may provide staff and administrative support as necessary from the Labor
870 Commission.
871 (4) A vacancy in the board does not impair the right of the remaining members to
872 exercise all the powers of the board, and two members of the board shall at all times constitute
873 a quorum.
874 (5) The board shall have an official seal which shall be judicially noticed.
875 (6) A member shall comply with the conflict of interest provisions described in Title
876 63G, Chapter 24, Part 3, Conflicts of Interest.
877 Section 15. Section 35A-8-304 is amended to read:
878 35A-8-304. Permanent Community Impact Fund Board created -- Members --
879 Terms -- Chair -- Expenses.
880 (1) There is created within the department the Permanent Community Impact Fund
881 Board composed of 11 members as follows:
882 (a) the chair of the Board of Water Resources or the chair's designee;
883 (b) the chair of the Water Quality Board or the chair's designee;
884 (c) the director of the department or the director's designee;
885 (d) the state treasurer;
886 (e) the chair of the Transportation Commission or the chair's designee;
887 (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
888 (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
889 Wayne County;
890 (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
891 (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
892 County; and
893 (j) a locally elected official from each of the two counties that produced the most
894 mineral lease money during the previous four-year period, prior to the term of appointment, as
895 determined by the department.
896 (2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
897 the same county and shall be:
898 (i) nominated by the Board of Directors of the Southeastern Association of Local
899 Governments, the Six County Association of Governments, the Uintah Basin Association of
900 Governments, and the Five County Association of Governments, respectively, except that a
901 member under Subsection (1)(j) shall be nominated by the Board of Directors of the
902 Association of Governments from the region of the state in which the county is located; and
903 (ii) appointed by the governor with the consent of the Senate in accordance with Title
904 63G, Chapter 24, Part 2, Vacancies.
905 (b) Except as required by Subsection (2)(c), as terms of current board members expire,
906 the governor shall appoint each new member or reappointed member to a four-year term.
907 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
908 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
909 board members are staggered so that approximately half of the board is appointed every two
910 years.
911 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
912 appointed for the unexpired term.
913 (3) The terms of office for the members of the impact board specified under
914 Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
915 councils, boards, committees, commission, departments, or offices from which the members
916 come.
917 (4) The executive director of the department, or the executive director's designee, is the
918 chair of the impact board.
919 (5) A member may not receive compensation or benefits for the member's service, but
920 may receive per diem and travel expenses in accordance with:
921 (a) Section 63A-3-106;
922 (b) Section 63A-3-107; and
923 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
924 63A-3-107.
925 (6) A member described in Subsections (1)(f) through (j) shall comply with the conflict
926 of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
927 Section 16. Section 35A-8-2103 is amended to read:
928 35A-8-2103. Private Activity Bond Review Board.
929 (1) There is created within the department the Private Activity Bond Review Board,
930 composed of the following 11 members:
931 (a) (i) the executive director of the department or the executive director's designee;
932 (ii) the executive director of the Governor's Office of Economic Development or the
933 executive director's designee;
934 (iii) the state treasurer or the state treasurer's designee;
935 (iv) the chair of the Board of Regents or the chair's designee; and
936 (v) the chair of the Utah Housing Corporation or the chair's designee; and
937 (b) six local government members who are:
938 (i) three elected or appointed county officials, nominated by the Utah Association of
939 Counties and appointed by the governor with the consent of the Senate and in accordance with
940 Title 63G, Chapter 24, Part 2, Vacancies; and
941 (ii) three elected or appointed municipal officials, nominated by the Utah League of
942 Cities and Towns and appointed by the governor with the consent of the Senate and in
943 accordance with Title 63G, Chapter 24, Part 2, Vacancies.
944 (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
945 government members of the board of review shall be four-year terms.
946 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
947 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
948 board of review members are staggered so that approximately half of the board of review is
949 appointed every two years.
950 (c) Members may be reappointed only once.
951 (3) (a) If a local government member ceases to be an elected or appointed official of
952 the city or county the member is appointed to represent, that membership on the board of
953 review terminates immediately and there shall be a vacancy in the membership.
954 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
955 appointed within 30 days in the manner of the regular appointment for the unexpired term.
956 (4) (a) The chair of the board of review is the executive director of the department or
957 the executive director's designee.
958 (b) The chair is nonvoting except in the case of a tie vote.
959 (5) Six members of the board of review constitute a quorum.
960 (6) Formal action by the board of review requires a majority vote of a quorum.
961 (7) A member may not receive compensation or benefits for the member's service, but
962 may receive per diem and travel expenses in accordance with:
963 (a) Section 63A-3-106;
964 (b) Section 63A-3-107; and
965 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
966 (8) The chair of the board of review serves as the state official designated under state
967 law to make certifications required to be made under Section 146 of the code including the
968 certification required by Section 149(e)(2)(F) of the code.
969 (9) A member appointed to fill a position described in Subsection (1)(b) shall comply
970 with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
971 Interest.
972 Section 17. Section 40-6-4 is amended to read:
973 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
974 members -- Terms -- Chair -- Quorum -- Expenses.
975 (1) (a) There is created within the Department of Natural Resources the Board of Oil,
976 Gas, and Mining.
977 (b) The board shall be the policy making body for the Division of Oil, Gas, and
978 Mining.
979 (2) (a) The board shall consist of seven members appointed by the governor with the
980 consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
981 (b) No more than four members shall be from the same political party.
982 (c) In accordance with the requirements of Section 79-2-203, the members appointed
983 under Subsection (2)(a) shall include the following:
984 (i) two members who are knowledgeable in mining matters;
985 (ii) two members who are knowledgeable in oil and gas matters;
986 (iii) one member who is knowledgeable in ecological and environmental matters;
987 (iv) one member who:
988 (A) is a private land owner;
989 (B) owns a mineral or royalty interest; and
990 (C) is knowledgeable in mineral or royalty interests; and
991 (v) one member who is knowledgeable in geological matters.
992 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
993 expire, the governor shall appoint each new member or reappointed member to a four-year
994 term.
995 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
996 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
997 board members are staggered so that approximately half of the board is appointed every two
998 years.
999 (c) A member shall hold office until the expiration of the member's term and until the
1000 member's successor is appointed, but not more than 90 days after the expiration of the
1001 member's term.
1002 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1003 be appointed for the unexpired term by the governor with the consent of the Senate.
1004 (b) The person appointed shall have the same qualifications as the person's
1005 predecessor.
1006 (5) (a) The board shall appoint its chair from the membership.
1007 (b) Four members of the board shall constitute a quorum for the transaction of business
1008 and the holding of hearings.
1009 (6) A member may not receive compensation or benefits for the member's service, but
1010 may receive per diem and travel expenses in accordance with:
1011 (a) Section 63A-3-106;
1012 (b) Section 63A-3-107; and
1013 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1014 63A-3-107.
1015 (7) A member shall comply with the conflict of interest provisions described in Title
1016 63G, Chapter 24, Part 3, Conflicts of Interest.
1017 Section 18. Section 51-7-16 is amended to read:
1018 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
1019 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
1020 of interests -- Per diem and expenses.
1021 (1) (a) There is created a State Money Management Council composed of five
1022 members appointed by the governor after consultation with the state treasurer and with the
1023 consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1024 (b) The members of the council shall be qualified by training and experience in the
1025 field of investment or finance as follows:
1026 (i) at least one member, but not more than two members, shall be experienced in the
1027 banking business;
1028 (ii) at least one member, but not more than two members, shall be an elected treasurer;
1029 (iii) at least one member, but not more than two members, shall be an appointed public
1030 treasurer; and
1031 (iv) two members, but not more than two members, shall be experienced in the field of
1032 investment.
1033 (c) No more than three members of the council may be from the same political party.
1034 (2) (a) Except as required by Subsection (2)(b), the council members shall be appointed
1035 for terms of four years.
1036 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1037 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1038 council members are staggered so that approximately half of the council is appointed every two
1039 years.
1040 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1041 appointed for the unexpired term.
1042 (d) All members shall serve until their successors are appointed and qualified.
1043 (3) (a) The council members shall elect a chair and vice chair.
1044 (b) The state treasurer shall serve as executive secretary of the council without vote.
1045 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
1046 the council and at other times at the call of the chair, the state treasurer, or any two members of
1047 the council.
1048 (b) Three members are a quorum for the transaction of business.
1049 (c) Actions of the council require a vote of a majority of those present.
1050 (d) All meetings of the council and records of its proceedings are open for inspection
1051 by the public at the state treasurer's office during regular business hours except for:
1052 (i) reports of the commissioner of financial institutions concerning the identity,
1053 liquidity, or financial condition of qualified depositories and the amount of public funds each is
1054 eligible to hold; and
1055 (ii) reports of the director concerning the identity, liquidity, or financial condition of
1056 certified dealers.
1057 (5) (a) Each member of the council shall file a sworn or written statement with the
1058 lieutenant governor that discloses any position or employment or ownership interest that he has
1059 in any financial institution or investment organization.
1060 (b) Each member shall file the statement required by this Subsection (5) when he
1061 becomes a member of the council and when substantial changes in his position, employment,
1062 or ownership interests occur.
1063 (c) Each member shall comply with the conflict of interest provisions described in Title
1064 63G, Chapter 24, Part 3, Conflicts of Interest.
1065 (6) A member may not receive compensation or benefits for the member's service, but
1066 may receive per diem and travel expenses in accordance with:
1067 (a) Section 63A-3-106;
1068 (b) Section 63A-3-107; and
1069 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1070 63A-3-107.
1071 Section 19. Section 53B-1-104 is amended to read:
1072 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
1073 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
1074 (1) Except as provided in Subsection (1)(c) or (2), the board consists of 17 residents of
1075 the state appointed by the governor with the consent of the Senate, in accordance with Title
1076 63G, Chapter 24, Part 2, Vacancies, as follows:
1077 (a) eight at-large members;
1078 (b) eight members, each of whom is:
1079 (i) selected from three nominees presented to the governor by a higher education
1080 institution board of trustees; and
1081 (ii) a current or former member of the institution of higher education board of trustees
1082 that nominates the member; and
1083 (c) one member, selected from three nominees presented to the governor by the student
1084 body presidents of the institutions of higher education, but not subject to the public comment
1085 process described in Section 63G-24-204, who:
1086 (i) is a fully matriculated student enrolled in an institution of higher education; and
1087 (ii) is not serving as a student body president at the time of the nomination.
1088 (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
1089 the board, even if the individual does not fulfill a requirement for the composition of the board
1090 described in Subsection (1).
1091 (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
1092 member's term expires.
1093 (b) An individual appointed to the board on or before May 8, 2017, who is a current or
1094 former member of an institution of higher education board of trustees is the board member for
1095 the institution of higher education described in Subsection (1)(b).
1096 (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
1097 governor shall ensure that newly appointed members move the board toward the composition
1098 described in Subsection (1).
1099 (ii) In appointing a new member to the board, the governor shall first appoint a member
1100 described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
1101 (3) (a) All appointments to the board shall be made on a nonpartisan basis.
1102 (b) In making appointments to the board, the governor shall consider:
1103 (i) geographic representation of members;
1104 (ii) diversity;
1105 (iii) experience in higher education governance;
1106 (iv) experience in economic development; and
1107 (v) exposure to institutions of higher education.
1108 (c) An individual may not serve simultaneously on the State Board of Regents and an
1109 institution of higher education board of trustees.
1110 (4) (a) Except as provided in Subsection (4)(b), members of the board shall be
1111 appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
1112 (b) A student member described in Subsection (1)(c) shall be appointed to a one-year
1113 term.
1114 (c) (i) The governor may remove a member of the board for cause.
1115 (ii) The governor shall consult with the president of the Senate before removing a
1116 member of the board.
1117 (5) (a) A member of the board shall take the official oath of office before entering upon
1118 the duties of office.
1119 (b) The oath shall be filed with the Division of Archives and Records Services.
1120 (6) The board shall elect a chair and vice chair from among the board's members who
1121 shall serve terms of two years and until their successors are chosen and qualified.
1122 (7) (a) The board shall appoint a secretary from the staff of the board's chief executive
1123 to serve at the board's discretion.
1124 (b) The secretary is a full-time employee who receives a salary set by the board.
1125 (c) The secretary shall record and maintain a record of all board meetings and perform
1126 other duties as the board directs.
1127 (8) (a) The board may establish advisory committees.
1128 (b) The powers and authority of the board are nondelegable, except as specifically
1129 provided for in this title.
1130 (c) All matters requiring board determination shall be addressed in a properly convened
1131 meeting of the board or the board's executive committee.
1132 (9) The board shall enact bylaws for the board's own government not inconsistent with
1133 the constitution or the laws of this state.
1134 (10) (a) The board shall meet regularly upon the board's own determination.
1135 (b) The board may also meet, in full or executive session, at the request of the chair,
1136 the executive officer, or five members of the board.
1137 (11) A quorum of the voting members of the board is required to conduct the board's
1138 business and consists of nine members.
1139 (12) (a) A vacancy in the board occurring before the expiration of a voting member's
1140 full term shall be immediately filled by appointment by the governor with the consent of the
1141 Senate.
1142 (b) An individual appointed under Subsection (12)(a) serves for the remainder of the
1143 unexpired term.
1144 (13) A board member may not receive compensation or benefits for the member's
1145 service, but may receive per diem and travel expenses in accordance with:
1146 (a) Section 63A-3-106;
1147 (b) Section 63A-3-107; and
1148 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1149 63A-3-107.
1150 (14) A board member shall comply with the conflict of interest provisions described in
1151 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1152 Section 20. Section 53B-2-104 is amended to read:
1153 53B-2-104. Institution of higher education board of trustees -- Membership --
1154 Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
1155 Compensation.
1156 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
1157 higher education consists of the following:
1158 (i) except as provided in Subsection (1)(c), eight individuals appointed by the governor
1159 with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies;
1160 and
1161 (ii) two ex officio members who are the president of the institution's alumni
1162 association, and the president of the associated students of the institution.
1163 (b) The appointed members of the boards of trustees for Utah Valley University and
1164 Salt Lake Community College shall be representative of the interests of business, industry, and
1165 labor.
1166 (c) (i) The board of trustees of Utah State University has nine individuals appointed by
1167 the governor with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
1168 Vacancies.
1169 (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the
1170 Utah State University Eastern service region or the Utah State University Blanding service
1171 region.
1172 (2) (a) The governor shall appoint four members of each board of trustees during each
1173 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
1174 (b) Except as provided in Subsection (2)(d), a member appointed under Subsection
1175 (1)(a)(i) or (1)(c)(i) holds office until a successor is appointed and qualified.
1176 (c) The ex officio members serve for the same period as they serve as presidents and
1177 until their successors have qualified.
1178 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) or
1179 (1)(c)(i) for cause.
1180 (ii) The governor shall consult with the president of the Senate before removing a
1181 member appointed under Subsection (1)(a)(i) or (1)(c)(i).
1182 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
1183 replacement shall be appointed for the unexpired term.
1184 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
1185 assuming the office.
1186 (b) The oath shall be filed with the Division of Archives and Records Services.
1187 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
1188 until their successors are elected and qualified.
1189 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
1190 including provisions for regular meetings.
1191 (b) (i) A board of trustees may provide for an executive committee in the board of
1192 trustees' bylaws.
1193 (ii) If established, an executive committee shall have full authority of the board of
1194 trustees to act upon routine matters during the interim between board of trustees meetings.
1195 (iii) An executive committee may act on nonroutine matters only under extraordinary
1196 and emergency circumstances.
1197 (iv) An executive committee shall report the executive committee's activities to the
1198 board of trustees at the board of trustees' next regular meeting following the action.
1199 (c) Copies of a board of trustees' bylaws shall be filed with the board.
1200 (7) A quorum is required to conduct business and consists of six members.
1201 (8) A board of trustees may establish advisory committees.
1202 (9) A member may not receive compensation or benefits for the member's service, but
1203 may receive per diem and travel expenses in accordance with:
1204 (a) Section 63A-3-106;
1205 (b) Section 63A-3-107; and
1206 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1207 63A-3-107.
1208 (10) This section does not apply to a technical college board of directors described in
1209 Section 53B-2a-108.
1210 (11) A board member shall comply with the conflict of interest provisions described in
1211 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1212 Section 21. Section 53B-2a-103 is amended to read:
1213 53B-2a-103. UTech Board of Trustees -- Membership -- Terms -- Vacancies --
1214 Oath -- Officers -- Quorum -- Committees -- Compensation.
1215 (1) There is created the UTech Board of Trustees.
1216 (2) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
1217 appointed by the governor with the consent of the Senate in accordance with Title 63G,
1218 Chapter 24, Part 2, Vacancies, as follows:
1219 (i) one member selected from at least two nominees presented to the governor by the
1220 board of directors of each technical college, for a total of eight members; and
1221 (ii) one member who is employed in and represents each of the following sectors:
1222 (A) information technology;
1223 (B) manufacturing;
1224 (C) life sciences;
1225 (D) health care;
1226 (E) transportation;
1227 (F) union craft, trade, or apprenticeship; and
1228 (G) non-union craft, trade, or apprenticeship.
1229 (b) The seven members described in Subsection (2)(a)(ii) shall be selected from the
1230 state at large, subject to the following conditions:
1231 (i) at least four members shall reside in a geographic area served by a technical college;
1232 and
1233 (ii) no more than two members may reside in a single geographic area served by a
1234 technical college.
1235 (c) The governor shall make appointments to the board of trustees on a nonpartisan
1236 basis.
1237 (d) An individual may not serve on the board of trustees and a technical college board
1238 of directors simultaneously.
1239 (3) (a) (i) Except as provided under Subsection (3)(a)(ii), a member shall be appointed
1240 commencing on July 1 of each odd-numbered year to a four-year term.
1241 (ii) The governor shall ensure that member terms are staggered so that approximately
1242 one-half of the members' terms expire in any odd-numbered year.
1243 (b) A member may not hold office for more than two consecutive full terms.
1244 (c) (i) The governor may remove a member of the board of trustees for cause.
1245 (ii) The governor shall consult with the president of the Senate before removing a
1246 member of the board of trustees.
1247 (4) When a vacancy occurs on the board of trustees for any reason, the governor shall
1248 appoint a replacement for the unexpired term.
1249 (5) (a) Each member shall take the official oath of office prior to assuming the office.
1250 (b) The oath shall be filed with the Division of Archives and Records Services.
1251 (6) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
1252 and until their successors are elected and qualified.
1253 (b) A member may not serve more than two consecutive terms as the chair or vice
1254 chair.
1255 (7) (a) The board of trustees shall enact bylaws for the board of trustees' own
1256 government, including provisions for regular meetings.
1257 (b) (i) The board of trustees shall provide for an executive committee in the board of
1258 trustees' bylaws.
1259 (ii) The executive committee shall have full authority of the board of trustees to act
1260 upon routine matters during the interim between board of trustees meetings.
1261 (iii) The executive committee may act on nonroutine matters only under extraordinary
1262 and emergency circumstances.
1263 (iv) The executive committee shall report the executive committee's activities to the
1264 board of trustees at the board of trustees' next regular meeting following the executive
1265 committee's activities.
1266 (8) A quorum shall be required to conduct business which shall consist of a majority of
1267 board of trustee members.
1268 (9) The board of trustees may establish advisory committees.
1269 (10) A member may not receive compensation or benefits for the member's service, but
1270 may receive per diem and travel expenses in accordance with:
1271 (a) Section 63A-3-106;
1272 (b) Section 63A-3-107; and
1273 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1274 63A-3-107.
1275 (11) A board member shall comply with the conflict of interest provisions described in
1276 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1277 Section 22. Section 53B-2a-108 is amended to read:
1278 53B-2a-108. Technical college boards of directors -- Membership --
1279 Appointments.
1280 (1) As used in this section:
1281 (a) "Higher education institution" means the same as that term is defined in Section
1282 53B-2a-112.
1283 (b) "Technical college service area" means the geographic area served by each
1284 technical college as described in Section 53B-2a-105.
1285 (2) A technical college board of directors consists of:
1286 (a) one member of the local school board for each school district in the technical
1287 college service area, appointed by the local school board to which the member belongs;
1288 (b) except as provided in Subsection (3)(b), one individual who is a member of the
1289 higher education institution board of trustees, appointed by the higher education institution
1290 board of trustees; and
1291 (c) a number of individuals, appointed by the governor with the consent of the Senate
1292 and in accordance with Title 63G, Chapter 24, Part 2, Vacancies, that is:
1293 (i) seven for:
1294 (A) Tooele Technical College;
1295 (B) Uintah Basin Technical College; and
1296 (C) Dixie Technical College;
1297 (ii) eight for:
1298 (A) Bridgerland Technical College;
1299 (B) Ogden-Weber Technical College;
1300 (C) Davis Technical College; and
1301 (D) Southwest Technical College; or
1302 (iii) nine for Mountainland Technical College.
1303 (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
1304 appoint individuals who represent the interests of business, industry, or labor in the technical
1305 college service area.
1306 (b) If no member of the institution of higher education board of trustees lives within
1307 the technical college service area, the institution of higher education board of trustees may
1308 nominate an individual to be appointed by the governor with the consent of the Senate instead
1309 of appointing a member described in Subsection (2)(b).
1310 (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
1311 (3)(b) for cause.
1312 (b) The governor shall consult with the president of the Senate before removing a
1313 member appointed under Subsection (2)(c) or (3)(b).
1314 (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
1315 technical college board of directors on or before May 7, 2018, may continue to serve on the
1316 technical college board of directors until the end of the individual's current term, even if the
1317 total number of members on the technical college board of directors exceeds the number of
1318 members for the technical college board of directors described in Subsection (2).
1319 (b) Notwithstanding Subsection (2), the governor may only make an appointment
1320 described in Subsection (2)(c) if the number of members on the technical college board of
1321 directors following the appointment will be less than or equal to the number of members for the
1322 technical college board of directors described in Subsection (2).
1323 (6) A member described in Subsection (2)(c) shall comply with the conflict of interest
1324 provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1325 Section 23. Section 53C-1-202 is amended to read:
1326 53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
1327 Terms -- Replacement -- Chair -- Quorum.
1328 (1) There is established the School and Institutional Trust Lands Board of Trustees.
1329 (2) The board shall consist of seven members appointed on a nonpartisan basis by the
1330 governor with the consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2,
1331 Vacancies.
1332 (3) (a) Except for the appointment made pursuant to Subsection (5), all appointments
1333 to the board shall be for a nonconsecutive term of six years, or until a replacement has been
1334 appointed and confirmed pursuant to this section.
1335 (b) If a vacancy occurs, the governor shall appoint a replacement, following the
1336 procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
1337 (c) Any member of the board who has served less than six years upon the expiration of
1338 that member's term is eligible for a consecutive reappointment.
1339 (4) (a) The governor shall select six of the seven appointees to the board from a
1340 nomination list of at least two candidates for each position or vacancy submitted pursuant to
1341 Section 53C-1-203.
1342 (b) The governor may request an additional nomination list of at least two candidates
1343 from the nominating committee if the initial list of candidates for a given position is
1344 unacceptable.
1345 (c) (i) If the governor fails to select an appointee within 60 days after receipt of the
1346 initial list or within 60 days after the receipt of an additional list, the nominating committee
1347 shall make an interim appointment by majority vote.
1348 (ii) The interim appointee shall serve until the matter is resolved by the committee and
1349 the governor or until replaced pursuant to this chapter.
1350 (5) (a) The governor may appoint one member without requiring a nomination list.
1351 (b) The member appointed under Subsection (5)(a) serves at the pleasure of the
1352 governor.
1353 (6) (a) Each board candidate shall possess outstanding professional qualifications
1354 pertinent to the purposes and activities of the trust.
1355 (b) The board shall represent the following areas of expertise:
1356 (i) nonrenewable resource management or development;
1357 (ii) renewable resource management or development; and
1358 (iii) real estate.
1359 (c) Other qualifications which are pertinent for membership to the board are expertise
1360 in any of the following areas:
1361 (i) business;
1362 (ii) investment banking;
1363 (iii) finance;
1364 (iv) trust administration;
1365 (v) asset management; and
1366 (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
1367 through (v).
1368 (7) The board of trustees shall select a chair and vice chair from its membership.
1369 (8) Before assuming a position on the board, each member shall take an oath of office.
1370 (9) Four members of the board constitute a quorum for the transaction of business.
1371 (10) The governor or five board members may, for cause, remove a member of the
1372 board.
1373 (11) A member of the board shall comply with the conflict of interest provisions
1374 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1375 Section 24. Section 54-1-1.5 is amended to read:
1376 54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
1377 Quorum -- Removal -- Vacancies -- Compensation.
1378 The commission shall be composed of three members appointed by the governor with
1379 the consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies. The
1380 terms of the members shall be staggered so that one commissioner is appointed for a term of
1381 six years on March 1 of each odd-numbered year. Not more than two members of the
1382 commission shall belong to the same political party. One member of the commission shall be
1383 designated by the governor as chairman of the commission. Any two commissioners constitute
1384 a quorum. Any member of the commission may be removed for cause by the governor.
1385 Vacancies in the commission shall be filled for unexpired terms by appointment of the
1386 governor. Commissioners shall receive compensation as established by the governor within the
1387 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, and
1388 all actual and necessary expenses incurred in attending to official business. Each
1389 commissioner at the time of appointment and qualification shall be a resident citizen of the
1390 United States and of the state of Utah and shall be not less than 30 years of age. Except as
1391 provided by law, no commissioner may hold any other office either under the government of
1392 the United States or of this state or of any municipal corporation within this state. A
1393 commissioner shall comply with the conflict of interest provisions described in Title 63G,
1394 Chapter 24, Part 3, Conflicts of Interest.
1395 Section 25. Section 59-1-201 is amended to read:
1396 59-1-201. Composition of commission -- Terms -- Removal from office --
1397 Appointment.
1398 (1) The commission shall be composed of four members appointed by the governor
1399 with the consent of the Senate, and in accordance with Title 63G, Chapter 24, Part 2,
1400 Vacancies.
1401 (2) Subject to Subsection (3), the term of office of each commissioner shall be for four
1402 years and expire on June 30 of the year the term ends.
1403 (3) The governor shall stagger a term described in Subsection (2) so that the term of
1404 one commissioner expires each year.
1405 (4) A commissioner shall hold office until a successor is appointed and qualified.
1406 (5) (a) The governor may remove a commissioner from office for neglect of duty,
1407 inefficiency, or malfeasance, after notice and a hearing.
1408 (b) If the governor removes a commissioner from office and appoints another person to
1409 replace the commissioner, the person the governor appoints to replace the commissioner:
1410 (i) shall serve for the remainder of the unexpired term; and
1411 (ii) may be reappointed as the governor determines.
1412 (6) (a) Before appointing a commissioner, the governor shall request a list of names of
1413 potential appointees from:
1414 (i) the Utah State Bar;
1415 (ii) one or more organizations that represent certified public accountants who are
1416 licensed to practice in the state;
1417 (iii) one or more organizations that represent persons who assess or appraise property
1418 in the state; and
1419 (iv) one or more national organizations that:
1420 (A) offer a professional certification in the areas of property tax, sales and use tax, and
1421 state income tax;
1422 (B) require experience, education, and testing to obtain the certification; and
1423 (C) require additional education to maintain the certification.
1424 (b) In appointing a commissioner, the governor shall consider:
1425 (i) to the extent names of potential appointees are submitted, the names of potential
1426 appointees submitted in accordance with Subsection (6)(a); and
1427 (ii) any other potential appointee of the governor's own choosing.
1428 Section 26. Section 59-1-203 is amended to read:
1429 59-1-203. Conflicts of interest -- Salaries -- Ethics.
1430 (1) No person appointed as a member of the commission may hold any other office
1431 under the laws of this state, the government of the United States, or any other state. Each
1432 member shall devote full time to the duties of the office and may not hold any other position of
1433 trust or profit under the Constitution nor engage in any other occupation that would create a
1434 direct conflict with the duties of a commissioner.
1435 (2) The salaries of the commissioners shall be established by the governor within the
1436 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1437 Commissioners shall also be allowed expenses as provided by law.
1438 (3) No commissioner, executive director, or consultant shall engage in political or
1439 charitable fund raising activities. Commissioners and commission employees are governed by
1440 Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
1441 (4) A commissioner shall comply with the conflict of interest provisions described in
1442 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1443 Section 27. Section 59-13-103 is amended to read:
1444 59-13-103. List of clean fuels provided to tax commission -- Report to the
1445 Legislature.
1446 (1) The Air Quality Board shall annually provide to the tax commission a list of fuels
1447 that are clean fuels under Section 59-13-102.
1448 (2) The Air Quality Board [
1449 conjunction with the State Tax Commission prepare and submit to the Legislature before
1450 January 1, 1995, a report evaluating the impacts, benefits, and economic consequences of the
1451 clean fuel provisions of Sections 59-13-201 and 59-13-301.
1452 Section 28. Section 61-2f-103 is amended to read:
1453 61-2f-103. Real Estate Commission.
1454 (1) There is created within the division a Real Estate Commission. The commission
1455 shall:
1456 (a) subject to concurrence by the division and in accordance with Title 63G, Chapter 3,
1457 Utah Administrative Rulemaking Act, make rules for the administration of this chapter that are
1458 not inconsistent with this chapter, including:
1459 (i) licensing of:
1460 (A) a principal broker;
1461 (B) an associate broker; and
1462 (C) a sales agent;
1463 (ii) registration of:
1464 (A) an entity; and
1465 (B) a branch office;
1466 (iii) prelicensing and postlicensing education curricula;
1467 (iv) examination procedures;
1468 (v) the certification and conduct of:
1469 (A) a real estate school;
1470 (B) a course provider; or
1471 (C) an instructor;
1472 (vi) proper handling of money received by a licensee under this chapter;
1473 (vii) brokerage office procedures and recordkeeping requirements;
1474 (viii) property management;
1475 (ix) standards of conduct for a licensee under this chapter; and
1476 (x) if the commission, with the concurrence of the division, determines necessary, a
1477 rule as provided in Subsection 61-2f-306(3) regarding a legal form;
1478 (b) establish, with the concurrence of the division, a fee provided for in this chapter,
1479 except a fee imposed under Part 5, Real Estate Education, Research, and Recovery Fund Act;
1480 (c) conduct an administrative hearing not delegated by the commission to an
1481 administrative law judge or the division relating to the:
1482 (i) licensing of an applicant;
1483 (ii) conduct of a licensee;
1484 (iii) the certification or conduct of a real estate school, course provider, or instructor
1485 regulated under this chapter; or
1486 (iv) violation of this chapter by any person;
1487 (d) with the concurrence of the director, impose a sanction as provided in Section
1488 61-2f-404;
1489 (e) advise the director on the administration and enforcement of a matter affecting the
1490 division and the real estate sales and property management industries;
1491 (f) advise the director on matters affecting the division budget;
1492 (g) advise and assist the director in conducting real estate seminars; and
1493 (h) perform other duties as provided by this chapter.
1494 (2) (a) Except as provided in Subsection (2)(b), a state entity may not, without the
1495 concurrence of the commission, make a rule that changes the rights, duties, or obligations of
1496 buyers, sellers, or persons licensed under this chapter in relation to a real estate transaction
1497 between private parties.
1498 (b) Subsection (2)(a) does not apply to a rule made:
1499 (i) under Title 31A, Insurance Code, or Title 7, Financial Institutions Act; or
1500 (ii) by the Department of Commerce or any division or other rulemaking body within
1501 the Department of Commerce.
1502 (3) (a) The commission shall be comprised of five members appointed by the governor
1503 and approved by the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1504 (b) Four of the commission members shall:
1505 (i) have at least five years' experience in the real estate business; and
1506 (ii) hold an active principal broker, associate broker, or sales agent license.
1507 (c) One commission member shall be a member of the general public.
1508 (d) The governor may not appoint a commission member described in Subsection
1509 (3)(b) who, at the time of appointment, resides in the same county in the state as another
1510 commission member.
1511 (e) At least one commission member described in Subsection (3)(b) shall at the time of
1512 an appointment reside in a county that is not a county of the first or second class.
1513 (4) (a) Except as required by Subsection (4)(b), as terms of current commission
1514 members expire, the governor shall appoint each new member or reappointed member to a
1515 four-year term ending June 30.
1516 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1517 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1518 commission members are staggered so that approximately half of the commission is appointed
1519 every two years.
1520 (c) Upon the expiration of the term of a member of the commission, the member of the
1521 commission shall continue to hold office until a successor is appointed and qualified.
1522 (d) A commission member may not serve more than two consecutive terms.
1523 (e) Members of the commission shall annually select one member to serve as chair.
1524 (5) When a vacancy occurs in the membership for any reason, the governor, with the
1525 consent of the Senate, shall appoint a replacement for the unexpired term.
1526 (6) A member may not receive compensation or benefits for the member's service, but
1527 may receive per diem and travel expenses in accordance with:
1528 (a) Section 63A-3-106;
1529 (b) Section 63A-3-107; and
1530 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1531 63A-3-107.
1532 (7) (a) The commission shall meet at least monthly.
1533 (b) The director may call additional meetings:
1534 (i) at the director's discretion;
1535 (ii) upon the request of the chair; or
1536 (iii) upon the written request of three or more commission members.
1537 (8) Three members of the commission constitute a quorum for the transaction of
1538 business.
1539 (9) A member of the commission shall comply with the conflict of interest provisions
1540 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1541 Section 29. Section 61-2g-204 is amended to read:
1542 61-2g-204. Real Estate Appraiser Licensing and Certification Board.
1543 (1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
1544 that consists of five regular members as follows:
1545 (i) one state-licensed or state-certified appraiser who may be either a residential or
1546 general licensee or certificate holder;
1547 (ii) one state-certified residential appraiser;
1548 (iii) one state-certified general appraiser;
1549 (iv) one member who is certified as either a state-certified residential appraiser or a
1550 state-certified general appraiser; and
1551 (v) one member of the general public.
1552 (b) A state-licensed or state-certified appraiser may be appointed as an alternate
1553 member of the board.
1554 (c) The governor shall appoint all members of the board with the consent of the Senate
1555 in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1556 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
1557 expire, the governor shall appoint each new member or reappointed member to a four-year
1558 term beginning on July 1.
1559 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1560 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1561 board members are staggered so that approximately half of the board is appointed every two
1562 years.
1563 (c) Upon the expiration of a member's term, a member of the board shall continue to
1564 hold office until the appointment and qualification of the member's successor.
1565 (d) A person may not serve as a member of the board for more than two consecutive
1566 terms.
1567 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1568 be appointed for the unexpired term.
1569 (b) The governor may remove a member for cause.
1570 (4) The public member of the board may not be licensed or certified under this chapter.
1571 (5) The board shall meet at least quarterly to conduct its business. The division shall
1572 give public notice of a board meeting.
1573 (6) The members of the board shall elect a chair annually from among the members to
1574 preside at board meetings.
1575 (7) A member may not receive compensation or benefits for the member's service, but
1576 may receive per diem and travel expenses in accordance with:
1577 (a) Section 63A-3-106;
1578 (b) Section 63A-3-107; and
1579 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1580 63A-3-107.
1581 (8) (a) Three members of the board shall constitute a quorum for the transaction of
1582 business.
1583 (b) If a quorum of members is unavailable for any meeting, the alternate member of the
1584 board, if any, shall serve as a regular member of the board for that meeting if with the presence
1585 of the alternate member a quorum is present at the meeting.
1586 (c) A member of the board shall comply with the conflict of interest provisions
1587 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1588 Section 30. Section 62A-1-107 is amended to read:
1589 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
1590 vacancies, chairperson, compensation, meetings, quorum.
1591 (1) The Board of Aging and Adult Services described in Subsection 62A-1-105(1)(a)
1592 shall have seven members who are appointed by the governor with the consent of the Senate in
1593 accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1594 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
1595 term of four years, and is eligible for one reappointment.
1596 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1597 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1598 board members are staggered so that approximately half of the board is appointed every two
1599 years.
1600 (c) Board members shall continue in office until the expiration of their terms and until
1601 their successors are appointed, which may not exceed 90 days after the formal expiration of a
1602 term.
1603 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1604 appointed for the unexpired term.
1605 (3) No more than four members of the board may be from the same political party.
1606 The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
1607 on the basis of their active interest, experience, and demonstrated ability to deal with issues
1608 related to the Board of Aging and Adult Services .
1609 (4) The board shall annually elect a chairperson from the board's membership. The
1610 board shall hold meetings at least once every three months. Within budgetary constraints,
1611 meetings may be held from time to time on the call of the chairperson or of the majority of the
1612 members of the board. Four members of the board are necessary to constitute a quorum at any
1613 meeting, and, if a quorum exists, the action of the majority of members present shall be the
1614 action of the board.
1615 (5) A member may not receive compensation or benefits for the member's service, but,
1616 at the executive director's discretion, may receive per diem and travel expenses in accordance
1617 with:
1618 (a) Section 63A-3-106;
1619 (b) Section 63A-3-107; and
1620 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1621 63A-3-107.
1622 (6) The board shall adopt bylaws governing its activities. Bylaws shall include
1623 procedures for removal of a board member who is unable or unwilling to fulfill the
1624 requirements of the board member's appointment.
1625 (7) The board has program policymaking authority for the division over which the
1626 board presides.
1627 (8) A member of the board shall comply with the conflict of interest provisions
1628 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1629 Section 31. Section 63G-2-501 is amended to read:
1630 63G-2-501. State Records Committee created -- Membership -- Terms --
1631 Vacancies -- Expenses.
1632 (1) There is created the State Records Committee within the Department of
1633 Administrative Services consisting of the following seven individuals:
1634 (a) an individual in the private sector whose profession requires the individual to create
1635 or manage records that, if created by a governmental entity, would be private or controlled;
1636 (b) an individual with experience with electronic records and databases, as
1637 recommended by a statewide technology advocacy organization that represents the public,
1638 private, and nonprofit sectors;
1639 (c) the director of the Division of Archives and Records Services or the director's
1640 designee;
1641 (d) two citizen members;
1642 (e) one person representing political subdivisions, as recommended by the Utah League
1643 of Cities and Towns; and
1644 (f) one individual representing the news media.
1645 (2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
1646 (e), and (f) with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
1647 Vacancies.
1648 (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
1649 member to a four-year term.
1650 (b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
1651 or reappointment, adjust the length of terms to ensure that the terms of committee members are
1652 staggered so that approximately half of the committee is appointed every two years.
1653 (c) Each appointed member is eligible for reappointment for one additional term.
1654 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
1655 appointed for the unexpired term.
1656 (5) A member of the State Records Committee may not receive compensation or
1657 benefits for the member's service on the committee, but may receive per diem and travel
1658 expenses in accordance with:
1659 (a) Section 63A-3-106;
1660 (b) Section 63A-3-107; and
1661 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1662 (6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the
1663 conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
1664 Section 32. Section 63G-24-101 is enacted to read:
1665
1666
1667 63G-24-101. Title.
1668 This chapter is known as the "Board Vacancies and Conflicts Act."
1669 Section 33. Section 63G-24-102 is enacted to read:
1670 63G-24-102. Definitions.
1671 As used in this chapter:
1672 (1) "Affiliation" means association with an entity, including association in the form of
1673 employment, ownership, shareholdership, or financial interest.
1674 (2) "Agency" means the same as that term is defined in Section 63G-4-103.
1675 (3) "Appointed board member" means an individual appointed by the governor, with
1676 the consent of the Senate, to serve on a rulemaking board.
1677 (4) "Nominee" means a person selected by the governor to fill a rulemaking board
1678 vacancy subject to the consent of the Senate.
1679 (5) (a) "Rulemaking board" means a board, committee, commission, or council:
1680 (i) that has rulemaking authority; and
1681 (ii) at least part of whose membership is appointed by the governor subject to the
1682 consent of the Senate.
1683 (b) "Rulemaking board" does not include:
1684 (i) the State Board of Education; or
1685 (ii) the Utah Retirement Board.
1686 (6) "Substantial interest" means the same as that term is defined in Section 67-16-3.
1687 Section 34. Section 63G-24-103 is enacted to read:
1688 63G-24-103. Requirement to follow this chapter.
1689 (1) An applicant, a rulemaking board, and the governor's office shall follow the
1690 procedures for vacancies described in this chapter in order to fill a vacancy on a rulemaking
1691 board.
1692 (2) An appointed board member shall follow the procedures for conflicts of interest
1693 described in this chapter.
1694 Section 35. Section 63G-24-201 is enacted to read:
1695
1696 63G-24-201. Notice.
1697 (1) A rulemaking board shall give public notice regarding a vacancy or expiring term
1698 on the rulemaking board on or before:
1699 (a) 90 days before the day on which a departing appointed board member's or a
1700 continuing board member's term expires; or
1701 (b) 10 days after the day on which the rulemaking board chair or vice chair receives
1702 written notice of a current appointed board member's intent to leave the board.
1703 (2) (a) The governor's office shall post the notice described in Subsection (1) on the
1704 governor's website described in Subsection 67-1-2.5(4).
1705 (b) A rulemaking board may post the notice described in Subsection (1) on the
1706 rulemaking board's website.
1707 Section 36. Section 63G-24-202 is enacted to read:
1708 63G-24-202. Application.
1709 (1) The application period for an appointed board member position shall last no fewer
1710 than 60 days.
1711 (2) An applicant shall use the application feature on the governor's website described in
1712 Subsection 67-1-2.5(4) to apply for a vacant appointed board member position.
1713 (3) The application feature described in Subsection (2) shall require the applicant to
1714 provide information including:
1715 (a) the applicant's name;
1716 (b) the applicant's current employment; and
1717 (c) the applicant's affiliation with public and private entities, including employment, in
1718 the five years on or before the day on which the applicant submits the application.
1719 Section 37. Section 63G-24-203 is enacted to read:
1720 63G-24-203. Governor selection of nominee.
1721 (1) The governor shall select a nominee based on:
1722 (a) the applicant's fitness for office; and
1723 (b) statutory requirements.
1724 (2) The governor shall follow the process described in Section 67-1-2 to notify the
1725 Senate of a nominee for an appointed board member vacancy.
1726 Section 38. Section 63G-24-204 is enacted to read:
1727 63G-24-204. Public comment on nominee.
1728 (1) Within seven days after the day on which the governor selects a nominee, the
1729 governor's office shall post the information about the nominee described in Subsection
1730 63G-24-202(3) on the governor's website described in Subsection 67-1-2.5(4).
1731 (2) A rulemaking board may post the information about the nominee described in
1732 Subsection 63G-24-202(3) on the rulemaking board's website.
1733 (3) Before posting the information described in Subsection 63G-24-202(3), the
1734 governor's office and the rulemaking board shall redact personal information about the
1735 nominee, including the nominee's home address, date of birth, email address, and phone
1736 number.
1737 (4) The governor's website described in Subsection 67-1-2.5(4) shall include
1738 information on how to publicly comment on a nominee no fewer than seven days before the
1739 first day on which the governor's office will accept applications for a position.
1740 (5) The governor's office shall permit public comment for no fewer than 30 days after
1741 the day on which the governor's office posts the information about the nominee.
1742 Section 39. Section 63G-24-205 is enacted to read:
1743 63G-24-205. Senate confirmation of nominee.
1744 The Senate shall follow the process described in Section 67-1-2 to confirm a nominee
1745 to fill an appointed board member vacancy.
1746 Section 40. Section 63G-24-301 is enacted to read:
1747
1748 63G-24-301. Disclosure of conflicts.
1749 (1) An appointed board member shall disclose the nature of any position or financial
1750 interest the appointed board member holds in any business entity that is subject to the
1751 regulation of the agency, including if the relationship of the appointed board member to the
1752 business entity is that of:
1753 (a) an officer;
1754 (b) a director;
1755 (c) an agent;
1756 (d) an employee; or
1757 (e) an owner of a substantial interest.
1758 (2) Within 10 days after the day on which an appointed board member is appointed to
1759 serve on a rulemaking board, the appointed board member shall make the disclosure described
1760 in Subsection (1) in writing to the rulemaking board.
1761 (3) An appointed board member shall, if there are changes to items the appointed board
1762 member is required to disclose under Subsection (1), update the disclosure before voting on a
1763 measure the rulemaking board takes with respect to a business entity described in Subsection
1764 (1).
1765 Section 41. Section 63G-24-302 is enacted to read:
1766 63G-24-302. Effect on voting.
1767 Disclosure under Section 63G-24-201 does not require an appointed board member to
1768 abstain from voting unless the appointed board member holds a substantial interest in a
1769 business entity that the vote will impact.
1770 Section 42. Section 63H-6-104 is amended to read:
1771 63H-6-104. Board of directors -- Membership -- Term -- Quorum -- Vacancies --
1772 Duties.
1773 (1) The corporation is governed by a board of directors.
1774 (2) The board is composed of members as follows:
1775 (a) the director of the Division of Facilities Construction and Management or the
1776 director's designee;
1777 (b) the commissioner of agriculture and food or the commissioner's designee;
1778 (c) two members, appointed by the president of the Senate:
1779 (i) who have business related experience; and
1780 (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
1781 (d) two members, appointed by the speaker of the House:
1782 (i) who have business related experience; and
1783 (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
1784 (e) five members, of whom only one may be a legislator, in accordance with
1785 Subsection (3)(e), appointed by the governor with the consent of the Senate in accordance with
1786 Title 63G, Chapter 24, Part 2, Vacancies as follows:
1787 (i) two members who represent agricultural interests;
1788 (ii) two members who have business related experience; and
1789 (iii) one member who is recommended by the Utah Farm Bureau Federation;
1790 (f) one member, appointed by the mayor of Salt Lake City with the consent of the
1791 Senate, who is a resident of the neighborhood located adjacent to the state fair park;
1792 (g) a representative of Salt Lake County, if Salt Lake County is party to an executed
1793 lease agreement with the corporation; and
1794 (h) a representative of the Days of '47 Rodeo.
1795 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
1796 Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years
1797 after the year that the board member was appointed.
1798 (ii) In making appointments to the board, the president of the Senate, the speaker of the
1799 House, the governor, and the mayor of Salt Lake City shall ensure that the terms of
1800 approximately 1/4 of the appointed board members expire each year.
1801 (b) Except as provided in Subsection (3)(c), appointed board members serve until their
1802 successors are appointed and qualified.
1803 (c) (i) If an appointed board member is absent from three consecutive board meetings
1804 without excuse, that member's appointment is terminated, the position is vacant, and the
1805 individual who appointed the board member shall appoint a replacement.
1806 (ii) The president of the Senate, the speaker of the House, the governor, or the mayor of
1807 Salt Lake City, as applicable, may remove an appointed member of the board at will.
1808 (d) The president of the Senate, the speaker of the House, the governor, or the mayor of
1809 Salt Lake City, as appropriate, shall fill any vacancy that occurs on the board for any reason by
1810 appointing an individual in accordance with the procedures described in this section for the
1811 unexpired term of the vacated member.
1812 (e) No more than a combined total of two legislators may be appointed under
1813 Subsections (2)(c), (d), and (e).
1814 (4) The governor shall select the board's chair.
1815 (5) A majority of the members of the board is a quorum for the transaction of business.
1816 (6) The board may elect a vice chair and any other board offices.
1817 (7) The board may create one or more subcommittees to advise the board on any issue
1818 related to the state fair park.
1819 (8) In carrying out the board's duties under this chapter, the board shall cooperate with
1820 and, upon request, appear before the State Fair Park Committee.
1821 (9) No later than November 30 of each year, the board shall provide the following to
1822 the State Fair Park Committee:
1823 (a) a report on the general state of the financial and business affairs of the corporation;
1824 (b) a report on that year's annual exhibition described in Subsection 63H-6-103(4)(j),
1825 including the exhibition's attendance, operations, and revenue;
1826 (c) any appropriation request that the board plans to submit to the Legislature; and
1827 (d) any other report that the State Fair Park Committee requests.
1828 (10) A member described in Subsection (2)(e) shall comply with the conflict of interest
1829 provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1830 Section 43. Section 63H-8-201 is amended to read:
1831 63H-8-201. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
1832 Quorum -- Per diem and expenses.
1833 (1) (a) There is created an independent body politic and corporate, constituting a public
1834 corporation, known as the "Utah Housing Corporation."
1835 (b) The corporation may also be known and do business as the:
1836 (i) Utah Housing Finance Association; and
1837 (ii) Utah Housing Finance Agency in connection with a contract entered into when that
1838 was the corporation's legal name.
1839 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
1840 the express approval of the corporation.
1841 (2) The corporation is governed by a board of trustees composed of the following nine
1842 trustees:
1843 (a) the executive director of the Department of Workforce Services or the executive
1844 director's designee;
1845 (b) the commissioner of the Department of Financial Institutions or the commissioner's
1846 designee;
1847 (c) the state treasurer or the treasurer's designee; and
1848 (d) six public trustees, who are private citizens of the state, as follows:
1849 (i) two people who represent the mortgage lending industry;
1850 (ii) two people who represent the home building and real estate industry; and
1851 (iii) two people who represent the public at large.
1852 (3) The governor shall:
1853 (a) appoint the six public trustees of the corporation with the consent of the Senate in
1854 accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
1855 (b) ensure that:
1856 (i) the six public trustees are from different counties and are residents of the state; and
1857 (ii) not more than three of the public trustees are members of the same political party.
1858 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the six
1859 public trustees to terms of office of four years each.
1860 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1861 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1862 corporation trustees are staggered so that approximately half of the board is appointed every
1863 two years.
1864 (5) (a) A public trustee of the corporation may be removed from office for cause either
1865 by the governor or by an affirmative vote of six trustees of the corporation.
1866 (b) When a vacancy occurs in the board of trustees for any reason, the replacement
1867 shall be appointed for the unexpired term.
1868 (c) A public trustee shall hold office for the term of appointment and until the trustee's
1869 successor has been appointed and qualified.
1870 (d) A public trustee is eligible for reappointment but may not serve more than two full
1871 consecutive terms.
1872 (6) (a) The governor shall select the chair of the corporation.
1873 (b) The trustees shall elect from among their number a vice chair and other officers
1874 they may determine.
1875 (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
1876 (b) An affirmative vote of at least five trustees is necessary for any action to be taken
1877 by the corporation.
1878 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
1879 all rights and perform all duties of the corporation.
1880 (8) A trustee may not receive compensation or benefits for the trustee's service, but
1881 may receive per diem and travel expenses in accordance with:
1882 (a) Section 63A-3-106;
1883 (b) Section 63A-3-107; and
1884 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
1885 63A-3-107.
1886 (9) A trustee described in Subsection (2)(d) shall comply with the conflict of interest
1887 provisions described in Section 63G-24-301.
1888 Section 44. Section 63M-2-301 is amended to read:
1889 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
1890 authority -- Program director.
1891 (1) There is created the Utah Science Technology and Research Initiative.
1892 (2) Subject to Subsection (10), to oversee USTAR, there is created the Utah Science
1893 Technology and Research Governing Authority consisting of:
1894 (a) the state treasurer or the state treasurer's designee;
1895 (b) the executive director of the Governor's Office of Economic Development;
1896 (c) three members appointed by the governor, with the consent of the Senate in
1897 accordance with Title 63G, Chapter 24, Part 2, Vacancies;
1898 (d) two members who are not legislators appointed by the president of the Senate;
1899 (e) two members who are not legislators appointed by the speaker of the House of
1900 Representatives; and
1901 (f) one member appointed by the commissioner of higher education.
1902 (3) (a) The eight appointed members under Subsections (2)(c) through (f) shall serve
1903 four-year staggered terms.
1904 (b) An appointed member under Subsection (2)(c), (d), (e), or (f):
1905 (i) may not serve more than two full consecutive terms; and
1906 (ii) may be removed from the governing authority for any reason before the member's
1907 term is completed:
1908 (A) at the discretion of the original appointing authority; and
1909 (B) after the original appointing authority consults with the governing authority.
1910 (4) A vacancy on the governing authority in an appointed position under Subsection
1911 (2)(c), (d), (e), or (f) shall be filled for the unexpired term by the appointing authority in the
1912 same manner as the original appointment.
1913 (5) (a) Except as provided in Subsection (5)(b), the governor, with the consent of the
1914 Senate, shall select the chair of the governing authority to serve a one-year term.
1915 (b) The governor may extend the term of a sitting chair of the governing authority
1916 without the consent of the Senate.
1917 (c) The executive director of the Governor's Office of Economic Development shall
1918 serve as the vice chair of the governing authority.
1919 (6) The governing authority shall meet at least six times each year and may meet more
1920 frequently at the request of a majority of the members of the governing authority.
1921 (7) Five members of the governing authority are a quorum.
1922 (8) A member of the governing authority may not receive compensation or benefits for
1923 the member's service, but may receive per diem and travel expenses as allowed in:
1924 (a) Section 63A-3-106;
1925 (b) Section 63A-3-107; and
1926 (c) rules made by the Division of Finance:
1927 (i) pursuant to Sections 63A-3-106 and 63A-3-107; and
1928 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1929 (9) (a) The governor, with the consent of the Senate, may appoint a program director to
1930 oversee USTAR.
1931 (b) The program director is an at-will employee who may be terminated with or
1932 without cause by the governor or the executive director of the Governor's Office of Economic
1933 Development.
1934 (10) On July 1, 2019, the governing authority is dissolved and the program director is
1935 under the supervision of the executive director of the Governor's Office of Economic
1936 Development.
1937 Section 45. Section 63M-7-504 is amended to read:
1938 63M-7-504. Crime Victim Reparations and Assistance Board -- Members.
1939 (1) (a) A Crime Victim Reparations and Assistance Board is created, consisting of
1940 seven members appointed by the governor with the consent of the Senate in accordance with
1941 Title 63G, Chapter 24, Part 2, Vacancies.
1942 (b) The membership of the board shall consist of:
1943 (i) a member of the bar of this state;
1944 (ii) a victim of criminally injurious conduct;
1945 (iii) a licensed physician;
1946 (iv) a representative of law enforcement;
1947 (v) a mental health care provider;
1948 (vi) a victim advocate; and
1949 (vii) a private citizen.
1950 (c) The governor may appoint a chair of the board who shall serve for a period of time
1951 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
1952 vice chair to serve in the absence of the chair.
1953 (d) The board may hear appeals from administrative decisions as provided in rules
1954 adopted pursuant to Section 63M-7-515.
1955 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
1956 expire, the governor shall appoint each new member or reappointed member to a four-year
1957 term.
1958 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1959 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1960 board members are staggered so that approximately half of the board is appointed every two
1961 years.
1962 (c) A member may be reappointed to one successive term in addition to a member's
1963 initial full-term appointment.
1964 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1965 be appointed for the unexpired term.
1966 (b) A member resigning from the board shall serve until the member's successor is
1967 appointed and qualified.
1968 (4) A member may not receive compensation or benefits for the member's service, but
1969 may receive per diem and travel expenses in accordance with:
1970 (a) Section 63A-3-106;
1971 (b) Section 63A-3-107; and
1972 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1973 63A-3-107.
1974 (5) The board shall meet at least once quarterly but may meet more frequently as
1975 necessary.
1976 (6) A member shall comply with the conflict of interest provisions described in Title
1977 63G, Chapter 24, Part 3, Conflicts of Interest.
1978 Section 46. Section 63N-1-401 is amended to read:
1979 63N-1-401. Board of Business and Economic Development -- Membership --
1980 Expenses.
1981 (1) (a) There is created within the office the Board of Business and Economic
1982 Development, consisting of 15 members appointed by the governor to four-year terms of office
1983 with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1984 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
1985 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1986 board members are staggered so that approximately half of the board is appointed every two
1987 years.
1988 (c) The members may not serve more than two full consecutive terms except where the
1989 governor determines that an additional term is in the best interest of the state.
1990 (2) In appointing members of the committee, the governor shall ensure that:
1991 (a) no more than eight members of the board are from one political party; and
1992 (b) members represent a variety of geographic areas and economic interests of the state.
1993 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
1994 appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1995 (4) Eight members of the board constitute a quorum for conducting board business and
1996 exercising board power.
1997 (5) The governor shall select one board member as the board's chair.
1998 (6) A member may not receive compensation or benefits for the member's service, but
1999 may receive per diem and travel expenses in accordance with:
2000 (a) Section 63A-3-106;
2001 (b) Section 63A-3-107; and
2002 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2003 (7) A member shall comply with the conflict of interest provisions described in Title
2004 63G, Chapter 24, Part 3, Conflicts of Interest.
2005 Section 47. Section 67-1-2 is amended to read:
2006 67-1-2. Sending list of gubernatorial nominees to Senate and to Office of
2007 Legislative Research and General Counsel.
2008 [
2009
2010
2011 (1) Except as provided in Subsection (2), at least 30 days before the day of an
2012 extraordinary session of the Senate to confirm a gubernatorial nominee, the governor shall send
2013 to each member of the Senate and to the Office of Legislative Research and General Counsel
2014 the following information for each nominee:
2015 [
2016
2017 [
2018
2019 (a) the nominee's name and biographical information, including a resume and a
2020 curriculum vitae with personal contact information, including home address, email address, and
2021 telephone number, redacted, except that the governor shall send to the Office of Legislative
2022 Research and General Counsel the contact information for the nominee;
2023 (b) a detailed list, with citations, of the legal requirements for the appointed position;
2024 (c) a detailed list with supporting documents explaining how, and verifying that, the
2025 nominee meets each statutory and constitutional requirement for the appointed position;
2026 (d) a written certification by the governor that the nominee satisfies all requirements
2027 for the appointment; and
2028 (e) public comment information collected in accordance with Section 63G-24-204.
2029 (2) (a) Subsection (1) does not apply to a judicial nominee.
2030 (b) A majority of the president of the Senate, the Senate majority leader, and the Senate
2031 minority leader may waive the 30-day requirement described in Subsection (1) for a
2032 gubernatorial nominee other than a nominee for the following:
2033 (i) a member of the State Tax Commission;
2034 (ii) a member of the State Board of Education;
2035 (iii) a member of the State Board of Regents; or
2036 (iv) a member of the Utah System of Technical Colleges Board of Trustees.
2037 (3) The Senate shall hold a confirmation hearing for a nominee for an individual
2038 described in Subsections (2)(b)(i) through (iv).
2039 (4) The governor shall:
2040 (a) if the governor is aware of an upcoming vacancy in a position that requires Senate
2041 confirmation, provide notice of the upcoming vacancy to the president of the Senate, the Senate
2042 minority leader, and the Office of Legislative Research and General Counsel at least 30 days
2043 before the day on which the vacancy occurs; and
2044 (b) establish a process for the government entities and other relevant organizations to
2045 provide input on gubernatorial appointments.
2046 [
2047 immediately provide to the president of the Senate and the Office of Legislative Research and
2048 General Counsel:
2049 (a) the name of the judicial appointee; and
2050 (b) the judicial appointee's:
2051 (i) resume;
2052 (ii) complete file of all the application materials the governor received from the
2053 Judicial Nominating Commission; and
2054 (iii) any other related documents, including any letters received by the governor about
2055 the appointee, unless the letter specifically directs that it may not be shared.
2056 [
2057 Legislative Research and General Counsel of the number of letters withheld pursuant to
2058 Subsection [
2059 [
2060 nominating commission shall be classified as private in accordance with Section 63G-2-302.
2061 (b) All other records received from the governor pursuant to this Subsection [
2062 may be classified as private in accordance with Section 63G-2-302.
2063 [
2064 judicial appointment.
2065 Section 48. Section 67-1-2.5 is amended to read:
2066 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
2067 (1) As used in this section:
2068 (a) "Administrator" means the boards and commissions administrator designated under
2069 Subsection (2).
2070 (b) "Executive board" means any executive branch board, commission, council,
2071 committee, working group, task force, study group, advisory group, or other body with a
2072 defined limited membership that is created to operate for more than six months by the
2073 constitution, by statute, by executive order, by the governor, lieutenant governor, attorney
2074 general, state auditor, or state treasurer or by the head of a department, division, or other
2075 administrative subunit of the executive branch of state government.
2076 (2) (a) Before September 1 of the calendar year following the year in which the
2077 Legislature creates a new executive board, the governor shall:
2078 (i) review the executive board to evaluate:
2079 (A) whether the executive board accomplishes a substantial governmental interest; and
2080 (B) whether it is necessary for the executive board to remain in statute;
2081 (ii) in the governor's review under Subsection (2)(a)(i), consider:
2082 (A) the funding required for the executive board;
2083 (B) the staffing resources required for the executive board;
2084 (C) the time members of the executive board are required to commit to serve on the
2085 executive board; and
2086 (D) whether the responsibilities of the executive board could reasonably be
2087 accomplished through an existing entity or without statutory direction; and
2088 (iii) submit a report to the Government Operations Interim Committee recommending
2089 that the Legislature:
2090 (A) repeal the executive board;
2091 (B) add a sunset provision or future repeal date to the executive board;
2092 (C) make other changes to make the executive board more efficient; or
2093 (D) make no changes to the executive board.
2094 (b) In conducting the evaluation and making the report described in Subsection (2)(a),
2095 the governor shall give deference to:
2096 (i) reducing the size of government; and
2097 (ii) making governmental programs more efficient and effective.
2098 (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
2099 Government Operations Interim Committee shall vote on whether to address the
2100 recommendations made by the governor in the report and prepare legislation accordingly.
2101 (3) (a) The governor shall designate a board and commissions administrator from the
2102 governor's staff to maintain a computerized database containing information about all
2103 executive boards.
2104 (b) The administrator shall ensure that the database contains:
2105 (i) the name of each executive board;
2106 (ii) the statutory or constitutional authority for the creation of the executive board;
2107 (iii) the sunset date on which each executive board's statutory authority expires;
2108 (iv) the state officer or department and division of state government under whose
2109 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
2110 (v) the name, address, gender, telephone number, and county of each individual
2111 currently serving on the executive board, along with a notation of all vacant or unfilled
2112 positions;
2113 (vi) the title of the position held by the person who appointed each member of the
2114 executive board;
2115 (vii) the length of the term to which each member of the executive board was
2116 appointed and the month and year that each executive board member's term expires;
2117 (viii) whether or not members appointed to the executive board require consent of the
2118 Senate;
2119 (ix) the organization, interest group, profession, local government entity, or geographic
2120 area that an individual appointed to an executive board represents, if any;
2121 (x) the party affiliation of an individual appointed to an executive board, if the statute
2122 or executive order creating the position requires representation from political parties;
2123 (xi) whether each executive board is a policy board or an advisory board;
2124 (xii) whether the executive board has or exercises rulemaking authority, or is a
2125 rulemaking board as defined in Section 63G-24-102; and
2126 (xiii) any compensation and expense reimbursement that members of the executive
2127 board are authorized to receive.
2128 (4) The administrator shall [
2129 includes:
2130 (a) the information contained in the database[
2131 (i) physical address;
2132 (ii) email address; and
2133 (iii) telephone number;
2134 (b) each report the administrator receives under Subsection (5); and
2135 (c) the summary report described in Subsection (6).
2136 (5) (a) Before August 1 of each year, each executive board shall prepare and submit to
2137 the administrator an annual report that includes:
2138 (i) the name of the executive board;
2139 (ii) a description of the executive board's official function and purpose;
2140 (iii) a description of the actual work performed by the executive board since the last
2141 report the executive board submitted to the administrator under this Subsection (5);
2142 (iv) a description of actions taken by the executive board since the last report the
2143 executive board submitted to the administrator under this Subsection (5);
2144 (v) recommendations on whether any statutory, rule, or other changes are needed to
2145 make the executive board more effective; and
2146 (vi) an indication of whether the executive board should continue to exist.
2147 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
2148 to the governor's website before September 1 of each year.
2149 (c) An executive board is not required to submit a report under this Subsection (5) if
2150 the executive board:
2151 (i) is also a legislative board under Section 36-12-22; and
2152 (ii) submits a report under Section 36-12-22.
2153 (6) (a) The administrator shall prepare, publish, and distribute an annual report by
2154 September 1 of each year that includes:
2155 (i) as of August 1 of that year:
2156 (A) the total number of executive boards;
2157 (B) the name of each of those executive boards and the state officer or department and
2158 division of state government under whose jurisdiction the executive board operates or with
2159 which the executive board is affiliated, if any;
2160 (C) for each state officer and each department and division, the total number of
2161 executive boards under the jurisdiction of or affiliated with that officer, department, and
2162 division;
2163 (D) the total number of members for each of those executive boards;
2164 (E) whether or not some or all of the members of each of those executive boards are
2165 approved by the Senate;
2166 (F) whether each board is a policymaking board or an advisory board and the total
2167 number of policy boards and the total number of advisory boards; and
2168 (G) the compensation, if any, paid to the members of each of those executive boards;
2169 and
2170 (ii) a summary of the reports submitted to the administrator under Subsection (5),
2171 including:
2172 (A) a list of each executive board that submitted a report under Subsection (5);
2173 (B) a list of each executive board that did not submit a report under Subsection (5);
2174 (C) an indication of any recommendations made under Subsection (5)(a)(v); and
2175 (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the
2176 executive board should no longer exist.
2177 (b) The administrator shall distribute copies of the report described in Subsection (6)(a)
2178 to:
2179 (i) the governor;
2180 (ii) the president of the Senate;
2181 (iii) the speaker of the House;
2182 (iv) the Office of Legislative Research and General Counsel;
2183 (v) the Government Operations Interim Committee; and
2184 (vi) any other persons who request a copy of the annual report.
2185 (c) Each year, the Government Operations Interim Committee shall prepare legislation
2186 making any changes the committee determines are suitable with respect to the report the
2187 committee receives under Subsection (6)(b), including:
2188 (i) repealing an executive board that is no longer functional or necessary; and
2189 (ii) making appropriate changes to make an executive board more effective.
2190 Section 49. Section 72-1-301 is amended to read:
2191 72-1-301. Transportation Commission created -- Members, appointment, terms --
2192 Qualifications -- Pay and expenses -- Chair -- Quorum.
2193 (1) (a) There is created the Transportation Commission which shall consist of seven
2194 members.
2195 (b) The members of the commission shall be residents of Utah.
2196 (c) The members of the commission shall be selected on a nonpartisan basis.
2197 (d) (i) The commissioners shall, in accordance with Title 63G, Chapter 24, Part 2,
2198 Vacancies, be appointed by the governor, with the consent of the Senate, for a term of six
2199 years, beginning on April 1 of odd-numbered years, except as provided under Subsection
2200 (1)(d)(ii).
2201 (ii) The first two additional commissioners serving on the seven member commission
2202 shall be appointed for terms of two years nine months and four years nine months, respectively,
2203 initially commencing on July 1, 1996, and subsequently commencing as specified under
2204 Subsection (1)(d)(i).
2205 (e) The commissioners serve on a part-time basis.
2206 (f) Each commissioner shall remain in office until a successor is appointed and
2207 qualified.
2208 (2) (a) Except as provided in Subsection (2)(b), the selection of the commissioners
2209 shall be as follows:
2210 (i) one commissioner from Box Elder, Cache, or Rich county;
2211 (ii) one commissioner from Salt Lake or Tooele county;
2212 (iii) one commissioner from Carbon, Emery, Grand, or San Juan county;
2213 (iv) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete,
2214 Sevier, Washington, or Wayne county;
2215 (v) one commissioner from Weber, Davis, or Morgan county;
2216 (vi) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or
2217 Daggett county; and
2218 (vii) one commissioner selected from the state at large.
2219 (b) Beginning with the appointment of commissioners on or after July 1, 2009 and
2220 subject to the restriction in Subsection (2)(d), the selection of commissioners shall be as
2221 follows:
2222 (i) four commissioners with one commissioner selected from each of the four regions
2223 established by the department; and
2224 (ii) subject to the restriction in Subsection (2)(c), three commissioners selected from
2225 the state at large.
2226 (c) (i) At least one of the three commissioners appointed under Subsection (2)(b)(ii)
2227 shall be selected from a rural county.
2228 (ii) For purposes of this Subsection (2)(c), a rural county includes a county of the third,
2229 fourth, fifth, or sixth class.
2230 (d) No more than two commissioners appointed under Subsection (2)(b) may be
2231 selected from any one of the four regions established by the department.
2232 (3) A member may not receive compensation or benefits for the member's service, but
2233 may receive per diem and travel expenses in accordance with:
2234 (a) Section 63A-3-106;
2235 (b) Section 63A-3-107; and
2236 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2237 63A-3-107.
2238 (4) (a) One member of the commission shall be designated by the governor as chair.
2239 (b) The commission shall select one member as vice chair to act in the chair's absence.
2240 (5) Any four commissioners constitute a quorum.
2241 (6) Each member of the commission shall qualify by taking the constitutional oath of
2242 office.
2243 (7) For the purposes of Section 63J-1-504, the commission is not considered an
2244 agency.
2245 Section 50. Section 72-1-302 is amended to read:
2246 72-1-302. Commission offices and meetings.
2247 (1) The commission shall maintain offices and hold regular meetings at those offices
2248 on dates fixed and formally announced by it, and may hold other meetings at the times and
2249 places as it may, by order, provide.
2250 (2) (a) Meetings may be held upon call of the governor, the chairman, or two
2251 commissioners upon notice of the time, place, and purpose of meeting to each commissioner at
2252 least seven days prior to the date of the meeting.
2253 (b) Any meeting may be held upon shorter notice with the unanimous approval of the
2254 commission.
2255 (c) A member of the commission shall comply with the conflict of interest provisions
2256 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
2257 Section 51. Section 73-10-2 is amended to read:
2258 73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
2259 Vacancies.
2260 (1) (a) The Board of Water Resources shall be comprised of eight members to be
2261 appointed by the governor with the consent of the Senate in accordance with Title 63G,
2262 Chapter 24, Part 2, Vacancies.
2263 (b) In addition to the requirements of Section 79-2-203, not more than four members
2264 shall be from the same political party.
2265 (2) One member of the board shall be appointed from each of the following districts:
2266 (a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
2267 (b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
2268 (c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
2269 (d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
2270 (e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
2271 and Wayne;
2272 (f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
2273 (g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand,
2274 and San Juan; and
2275 (h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron,
2276 Washington, and Kane.
2277 (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
2278 four years.
2279 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
2280 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2281 board members are staggered so that approximately half of the board is appointed every two
2282 years.
2283 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2284 appointed for the unexpired term with the consent of the Senate and shall be from the same
2285 district as such person.
2286 (4) A member may not receive compensation or benefits for the member's service, but
2287 may receive per diem and travel expenses in accordance with:
2288 (a) Section 63A-3-106;
2289 (b) Section 63A-3-107; and
2290 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2291 63A-3-107.
2292 (5) A member shall comply with the conflict of interest provisions described in Title
2293 63G, Chapter 24, Part 3, Conflicts of Interest.
2294 Section 52. Section 77-27-2 is amended to read:
2295 77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
2296 (1) There is created the Board of Pardons and Parole. The board shall consist of five
2297 full-time members and not more than five pro tempore members to be appointed by the
2298 governor with the consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
2299 Vacancies, and as provided in this section. The members of the board shall be resident citizens
2300 of the state. The governor shall establish salaries for the members of the board within the
2301 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2302 (2) (a) (i) The full-time board members shall serve terms of five years. The terms of
2303 the full-time members shall be staggered so one board member is appointed for a term of five
2304 years on March 1 of each year.
2305 (ii) The pro tempore members shall serve terms of five years, beginning on March 1 of
2306 the year of appointment, with no more than one pro tempore member term beginning or
2307 expiring in the same calendar year. If a pro tempore member vacancy occurs, the board may
2308 submit the names of not fewer than three or more than five persons to the governor for
2309 appointment to fill the vacancy.
2310 (b) All vacancies occurring on the board for any cause shall be filled by the governor
2311 with the consent of the Senate pursuant to this section for the unexpired term of the vacating
2312 member.
2313 (c) The governor may at any time remove any member of the board for inefficiency,
2314 neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
2315 (d) A member of the board may not hold any other office in the government of the
2316 United States, this state or any other state, or of any county government or municipal
2317 corporation within a state. A member may not engage in any occupation or business
2318 inconsistent with the member's duties.
2319 (e) A majority of the board constitutes a quorum for the transaction of business,
2320 including the holding of hearings at any time or any location within or without the state, or for
2321 the purpose of exercising any duty or authority of the board. Action taken by a majority of the
2322 board regarding whether parole, pardon, commutation, termination of sentence, or remission of
2323 fines or forfeitures may be granted or restitution ordered in individual cases is deemed the
2324 action of the board. A majority vote of the five full-time members of the board is required for
2325 adoption of rules or policies of general applicability as provided by statute. However, a
2326 vacancy on the board does not impair the right of the remaining board members to exercise any
2327 duty or authority of the board as long as a majority of the board remains. A board member shall
2328 comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3,
2329 Conflicts of Interest.
2330 (f) Any investigation, inquiry, or hearing that the board has authority to undertake or
2331 hold may be conducted by any board member or an examiner appointed by the board. When
2332 any of these actions are approved and confirmed by the board and filed in its office, they are
2333 considered to be the action of the board and have the same effect as if originally made by the
2334 board.
2335 (g) When a full-time board member is absent or in other extraordinary circumstances
2336 the chair may, as dictated by public interest and efficient administration of the board, assign a
2337 pro tempore member to act in the place of a full-time member. Pro tempore members shall
2338 receive a per diem rate of compensation as established by the Division of Finance and all actual
2339 and necessary expenses incurred in attending to official business.
2340 (h) The chair may request staff and administrative support as necessary from the
2341 Department of Corrections.
2342 (3) (a) Except as provided in Subsection (3)(b), the Commission on Criminal and
2343 Juvenile Justice shall:
2344 (i) recommend five applicants to the governor for a full-time member appointment to
2345 the Board of Pardons and Parole; and
2346 (ii) consider applicants' knowledge of the criminal justice system, state and federal
2347 criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
2348 (b) The procedures and requirements of Subsection (3)(a) do not apply if the governor
2349 appoints a sitting board member to a new term of office.
2350 (4) (a) The board shall appoint an individual to serve as its mental health adviser and
2351 may appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77,
2352 Chapter 16a, Commitment and Treatment of Persons with a Mental Illness. The adviser shall
2353 prepare reports and recommendations to the board on all persons adjudicated as guilty with a
2354 mental illness, in accordance with Title 77, Chapter 16a, Commitment and Treatment of
2355 Persons with a Mental Illness.
2356 (b) The mental health adviser shall possess the qualifications necessary to carry out the
2357 duties imposed by the board and may not be employed by the Department of Corrections or the
2358 Utah State Hospital.
2359 (i) The Board of Pardons and Parole may review outside employment by the mental
2360 health advisor.
2361 (ii) The Board of Pardons and Parole shall develop rules governing employment with
2362 entities other than the board by the mental health advisor for the purpose of prohibiting a
2363 conflict of interest.
2364 (c) The mental health adviser shall:
2365 (i) act as liaison for the board with the Department of Human Services and local mental
2366 health authorities;
2367 (ii) educate the members of the board regarding the needs and special circumstances of
2368 persons with a mental illness in the criminal justice system;
2369 (iii) in cooperation with the Department of Corrections, monitor the status of persons
2370 in the prison who have been found guilty with a mental illness;
2371 (iv) monitor the progress of other persons under the board's jurisdiction who have a
2372 mental illness;
2373 (v) conduct hearings as necessary in the preparation of reports and recommendations;
2374 and
2375 (vi) perform other duties as assigned by the board.
2376 Section 53. Section 78A-11-103 is amended to read:
2377 78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies --
2378 Voting -- Power of chair.
2379 (1) The membership of the commission consists of the following 11 members:
2380 (a) two members of the House of Representatives to be appointed by the speaker of the
2381 House of Representatives for a four-year term, not more than one of whom may be of the same
2382 political party as the speaker;
2383 (b) two members of the Senate to be appointed by the president of the Senate for a
2384 four-year term, not more than one of whom may be of the same political party as the president;
2385 (c) two members of, and in good standing with, the Utah State Bar, who shall be
2386 appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
2387 reside in the same judicial district;
2388 (d) three persons not members of the Utah State Bar, who shall be appointed by the
2389 governor, with the consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2,
2390 Vacancies, for four-year terms, not more than two of whom may be of the same political party
2391 as the governor; and
2392 (e) two judges to be appointed by a majority of the Utah Supreme Court for a four-year
2393 term, neither of whom may:
2394 (i) be a member of the Utah Supreme Court;
2395 (ii) serve on the same level of court as the other; and
2396 (iii) if trial judges, serve primarily in the same judicial district as the other.
2397 (2) (a) The terms of the members shall be staggered so that approximately half of the
2398 commission expires every two years.
2399 (b) Members of the commission may not serve longer than eight years.
2400 (3) The commission shall establish guidelines and procedures for the disqualification
2401 of any member from consideration of any matter. A judge who is a member of the commission
2402 or the Supreme Court may not participate in any proceedings involving the judge's own
2403 removal or retirement.
2404 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
2405 be appointed by the appointing authority for that position for the unexpired term.
2406 (b) If the appointing authority fails to appoint a replacement, the commissioners who
2407 have been appointed may act as a commission under all the provisions of this section.
2408 (5) Six members of the commission shall constitute a quorum. Any action of a
2409 majority of the quorum constitutes the action of the commission.
2410 (6) (a) At each commission meeting, the chair and executive director shall schedule all
2411 complaints to be heard by the commission and present any information from which a
2412 reasonable inference can be drawn that a judge has committed misconduct so that the
2413 commission may determine by majority vote of a quorum whether the executive director shall
2414 draft a written complaint in accordance with Subsection 78A-11-102(2)(b).
2415 (b) The chair and executive director may not act to dismiss any complaint without a
2416 majority vote of a quorum of the commission.
2417 (c) A member of the commission described in Subsection (1)(d) shall comply with the
2418 conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
2419 (7) It is the responsibility of the chair and the executive director to ensure that the
2420 commission complies with the procedures of the commission.
2421 (8) The chair shall be nonvoting except in the case of a tie vote.
2422 (9) The chair shall be allowed the actual expenses of secretarial services, the expenses
2423 of services for either a court reporter or a transcriber of electronic tape recordings, and other
2424 necessary administrative expenses incurred in the performance of the duties of the commission.
2425 (10) Upon a majority vote of the quorum, the commission may:
2426 (a) employ an executive director, legal counsel, investigators, and other staff to assist
2427 the commission; and
2428 (b) incur other reasonable and necessary expenses within the authorized budget of the
2429 commission and consistent with the duties of the commission.
2430 (11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
2431 Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
2432 Section 54. Section 78B-22-402 is amended to read:
2433 78B-22-402. Commission members -- Member qualifications -- Terms -- Vacancy.
2434 (1) The commission is composed of 15 voting members and one ex officio, nonvoting
2435 member.
2436 (a) The governor, with the consent of the Senate, and in accordance with Title 63G,
2437 Chapter 24, Part 2, Vacancies, shall appoint the following 13 voting members:
2438 (i) two practicing criminal defense attorneys recommended by the Utah Association of
2439 Criminal Defense Lawyers;
2440 (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
2441 Association of Criminal Defense Lawyers;
2442 (iii) an attorney representing minority interests recommended by the Utah Minority Bar
2443 Association;
2444 (iv) one member recommended by the Utah Association of Counties from a county of
2445 the first or second class;
2446 (v) one member recommended by the Utah Association of Counties from a county of
2447 the third through sixth class;
2448 (vi) a director of a county public defender organization recommended by the Utah
2449 Association of Criminal Defense Lawyers;
2450 (vii) two members recommended by the Utah League of Cities and Towns from its
2451 membership;
2452 (viii) a retired judge recommended by the Judicial Council;
2453 (ix) one attorney practicing in the area of parental defense, recommended by an entity
2454 funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and
2455 (x) two members of the Utah Legislature, one from the House of Representatives and
2456 one from the Senate, selected jointly by the Speaker of the House and President of the Senate.
2457 (b) The Judicial Council shall appoint a voting member from the Administrative Office
2458 of the Courts.
2459 (c) The executive director of the State Commission on Criminal and Juvenile Justice or
2460 the executive director's designee is a voting member of the commission.
2461 (d) The director of the commission, appointed under Section 78B-22-403, is an ex
2462 officio, nonvoting member of the commission.
2463 (2) A member appointed by the governor shall serve a four-year term, except as
2464 provided in Subsection (3).
2465 (3) The governor shall stagger the initial terms of appointees so that approximately half
2466 of the members appointed by the governor are appointed every two years.
2467 (4) A member appointed to the commission shall have significant experience in
2468 indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
2469 have otherwise demonstrated a strong commitment to providing effective representation in
2470 indigent defense services.
2471 (5) A person who is currently employed solely as a criminal prosecuting attorney may
2472 not serve as a member of the commission .
2473 (6) A commission member shall hold office until the member's successor is appointed.
2474 (7) The commission may remove a member for incompetence, dereliction of duty,
2475 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
2476 (8) If a vacancy occurs in the membership for any reason, a replacement shall be
2477 appointed for the remaining unexpired term in the same manner as the original appointment.
2478 (9) The commission shall annually elect a chair from the commission's membership to
2479 serve a one-year term. A commission member may not serve as chair of the commission for
2480 more than three consecutive terms.
2481 (10) A member may not receive compensation or benefits for the member's service, but
2482 may receive per diem and travel expenses in accordance with:
2483 (a) Section 63A-3-106;
2484 (b) Section 63A-3-107; and
2485 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2486 63A-3-107.
2487 (11) (a) A majority of the members of the commission constitutes a quorum.
2488 (b) If a quorum is present, the action of a majority of the voting members present
2489 constitutes the action of the commission.
2490 (c) A member shall comply with the conflict of interest provisions described in Title
2491 63G, Chapter 24, Part 3, Conflicts of Interest.
2492 Section 55. Section 79-3-302 is amended to read:
2493 79-3-302. Members of board -- Qualifications and appointment -- Vacancies --
2494 Organization -- Meetings -- Financial gain prohibited -- Expenses.
2495 (1) The board consists of seven members appointed by the governor, with the consent
2496 of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
2497 (2) In addition to the requirements of Section 79-2-203, the members shall have the
2498 following qualifications:
2499 (a) one member knowledgeable in the field of geology as applied to the practice of civil
2500 engineering;
2501 (b) four members knowledgeable and representative of various segments of the mineral
2502 industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial minerals;
2503 (c) one member knowledgeable of the economic or scientific interests of the mineral
2504 industry in the state; and
2505 (d) one member who is interested in the goals of the survey and from the public at
2506 large.
2507 (3) The director of the School and Institutional Trust Lands Administration is an ex
2508 officio member of the board but without any voting privileges.
2509 (4) (a) Except as required by Subsection (4)(b), members are appointed for terms of
2510 four years.
2511 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2512 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2513 board members are staggered so that approximately half of the board is appointed every two
2514 years.
2515 (c) No more than four members may be of the same political party.
2516 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
2517 appointed for the unexpired term by the governor with the consent of the Senate.
2518 (5) The board shall select from its members a chair and such officers and committees
2519 as it considers necessary.
2520 (6) (a) The board shall hold meetings at least quarterly on such dates as may be set by
2521 its chair.
2522 (b) Special meetings may be held upon notice of the chair or by a majority of its
2523 members.
2524 (c) A majority of the members of the board present at a meeting constitutes a quorum
2525 for the transaction of business.
2526 (7) (a) Members of the board may not obtain financial gain by reason of information
2527 obtained during the course of their official duties.
2528 (b) A member shall comply with the conflict of interest provisions described in Title
2529 63G, Chapter 24, Part 3, Conflicts of Interest.
2530 (8) A member may not receive compensation or benefits for the member's service, but
2531 may receive per diem and travel expenses in accordance with:
2532 (a) Section 63A-3-106;
2533 (b) Section 63A-3-107; and
2534 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2535 63A-3-107.
2536 Section 56. Section 79-4-302 is amended to read:
2537 79-4-302. Board appointment and terms of members -- Expenses.
2538 (1) (a) The board is composed of nine members appointed in accordance with Title
2539 63G, Chapter 24, Part 2, Vacancies, by the governor, with the consent of the Senate, to
2540 four-year terms.
2541 (b) In addition to the requirements of Section 79-2-203, the governor shall:
2542 (i) appoint one member from each judicial district and one member from the public at
2543 large;
2544 (ii) ensure that not more than five members are from the same political party; and
2545 (iii) appoint persons who have an understanding of and demonstrated interest in parks
2546 and recreation.
2547 (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
2548 adjust the length of terms to ensure that the terms of board members are staggered so that
2549 approximately half of the board is appointed every two years.
2550 (2) When vacancies occur because of death, resignation, or other cause, the governor,
2551 with the consent of the Senate, shall:
2552 (a) appoint a person to complete the unexpired term of the person whose office was
2553 vacated; and
2554 (b) if the person was appointed from a judicial district, appoint the replacement from
2555 the judicial district from which the person whose office has become vacant was appointed.
2556 (3) The board shall appoint its chair from its membership.
2557 (4) A member may not receive compensation or benefits for the member's service, but
2558 may receive per diem and travel expenses in accordance with:
2559 (a) Section 63A-3-106;
2560 (b) Section 63A-3-107; and
2561 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2562 63A-3-107.
2563 (5) A member shall comply with the conflict of interest provisions described in Title
2564 63G, Chapter 24, Part 3, Conflicts of Interest.
2565 Section 57. Effective date.
2566 This bill takes effect on January 1, 2021.
2567 Section 58. Coordinating S.B. 146 with S.B. 60 -- Substantive and technical
2568 amendments.
2569 If this S.B. 146 and S.B. 60, Advice and Consent Amendments, both pass and become
2570 law, and S.B. 111, Higher Education Amendments, does not pass, it is the intent of the
2571 Legislature that the Office of Legislative Research and General Counsel prepare the Utah Code
2572 database for publication by modifying Subsections 63G-24-102(4) and (5)(a) to read:
2573 "(4) "Nominee" means a person selected by the governor to fill a rulemaking board
2574 vacancy subject to the advice and consent of the Senate.
2575 (5) (a) "Rulemaking board" means a board, committee, commission, or council:
2576 (i) that has rulemaking authority; and
2577 (ii) at least part of whose membership is appointed by the governor subject to the
2578 advice and consent of the Senate."
2579 Section 59. Coordinating S.B. 146 with S.B. 111 -- Substantive and technical
2580 amendments.
2581 If this S.B. 146 and S.B. 111, Higher Education Amendments, both pass and become
2582 law, but S.B. 60, Advice and Consent Amendments, does not pass, it is the intent of the
2583 Legislature that the Office of Legislative Research and General Counsel prepare the Utah Code
2584 database for publication by:
2585 (1) modifying Subsection 53B-1-404(1) as renumbered and amended by S.B. 111 to
2586 read:
2587 "(1) [
2588 of the state appointed by the governor with the advice and consent of the Senate in accordance
2589 with Title 63G, Chapter 24, Part 2, Vacancies, as follows:
2590 [
2591 [
2592 [
2593
2594 [
2595
2596 [
2597
2598 [
2599 [
2600 [
2601
2602
2603 [
2604
2605 [
2606
2607
2608 [
2609
2610
2611 [
2612
2613
2614 (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
2615 candidates presented to the governor by a nominating committee; and
2616 (b) two student members appointed as described in Subsection (4).";
2617 (2) creating a newly enacted Subsection 53B-1-404(4)(c) to read:
2618 "(c) An appointee described in Subsection (4)(a) is not subject to the public comment
2619 process described in Section 63G-24-204.";
2620 (3) modifying Subsections 63G-24-102(4) and (5)(a) to read:
2621 "(4) "Nominee" means a person selected by the governor to fill a rulemaking board
2622 vacancy subject to the consent of the Senate.
2623 (5) (a) "Rulemaking board" means a board, committee, commission, or council:
2624 (i) that has rulemaking authority; and
2625 (ii) at least part of whose membership is appointed by the governor subject to the
2626 consent of the Senate."; and
2627 (4) modifying Subsections 67-1-2(2)(b) and (3) amended in S.B. 146 to read:
2628 "(b) A majority of the president of the Senate, the Senate majority leader, and the
2629 Senate minority leader may waive the 30-day requirement described in Subsection (1) for a
2630 gubernatorial nominee other than a nominee for the following:
2631 (i) a member of the State Tax Commission;
2632 (ii) a member of the State Board of Education; or
2633 (iii) a member of the Utah Board of Higher Education.
2634 (3) The Senate shall hold a confirmation hearing for a nominee for an individual
2635 described in Subsections (2)(b)(i) through (iii).".
2636 Section 60. Coordinating S.B. 146 with S.B. 60 and S.B. 111 -- Substantive and
2637 technical amendments.
2638 If this S.B. 146, S.B. 60, Advice and Consent Amendments, and S.B. 111, Higher
2639 Education Amendments, all pass and become law, it is the intent of the Legislature that the
2640 Office of Legislative Research and General Counsel prepare the Utah Code database for
2641 publication by:
2642 (1) modifying Subsection 53B-1-404(1) as renumbered and amended by S.B. 111 to
2643 read:
2644 "(1) [
2645 of the state appointed by the governor with the advice and consent of the Senate in accordance
2646 with Title 63G, Chapter 24, Part 2, Vacancies, as follows:
2647 [
2648 [
2649 [
2650
2651 [
2652
2653 [
2654
2655 [
2656 [
2657 [
2658
2659
2660 [
2661
2662 [
2663
2664
2665 [
2666
2667
2668 [
2669
2670
2671 (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
2672 candidates presented to the governor by a nominating committee; and
2673 (b) two student members appointed as described in Subsection (4).";
2674 (2) creating a newly enacted Subsection 53B-1-404(4)(c) to read:
2675 "(c) An appointee described in Subsection (4)(a) is not subject to the public comment
2676 process described in Section 63G-24-204.";
2677 (3) modifying Subsections 63G-24-102(4) and (5)(a) to read:
2678 "(4) "Nominee" means a person selected by the governor to fill a rulemaking board
2679 vacancy subject to the advice and consent of the Senate.
2680 (5) (a) "Rulemaking board" means a board, committee, commission, or council:
2681 (i) that has rulemaking authority; and
2682 (ii) at least part of whose membership is appointed by the governor subject to the
2683 advice and consent of the Senate."; and
2684 (4) modifying Subsections 67-1-2(2)(b) and (3) amended in this S.B. 146 and S.B. 60
2685 to read:
2686 "(b) A majority of the president of the Senate, the Senate majority leader, and the
2687 Senate minority leader may waive the 30-day requirement described in Subsection (1) for a
2688 gubernatorial nominee other than a nominee for the following:
2689 (i) the executive director of a department;
2690 (ii) the executive director of the Governor's Office of Economic Development;
2691 (iii) the executive director of the Labor Commission;
2692 (iv) a member of the State Tax Commission;
2693 (v) a member of the State Board of Education;
2694 (vi) a member of the Utah Board of Higher Education; or
2695 (vii) an individual:
2696 (A) whose appointment requires the advice and consent of the Senate; and
2697 (B) whom the governor designates as a member of the governor's cabinet.
2698 (3) The Senate shall hold a confirmation hearing for a nominee for an individual
2699 described in Subsections (2)(b)(i) through (vii).".
2700 Section 61. Coordinating S.B. 146 with H.B. 10 -- Superseding technical and
2701 substantive amendments.
2702 If this S.B. 146 and H.B. 10, Boards and Commissions Amendments, both pass and
2703 become law, it is the intent of the Legislature that the amendments to Section 26-21-3 in H.B.
2704 10 supersede the amendments to Section 26-21-3 in this bill when the Office of Legislative
2705 Research and General Counsel prepares the Utah Code database for publication.