1     
BOARDS AND COMMISSIONS MODIFICATIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Logan Wilde

6     

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) [11] 12 voting members, including:
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     [19-6-104] 19-6-103.
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 [rules] provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest, and
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          [(c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
396     appointed before March 1, 2013, shall expire on February 28, 2013.]
397          [(ii) On March 1, 2013, the governor shall appoint or reappoint board members in
398     accordance with this section.]
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          [(c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
465     appointed before March 1, 2013, shall expire on February 28, 2013.]
466          [(ii) On March 1, 2013, the governor shall appoint or reappoint board members in
467     accordance with this section.]
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 [created] appointed under Section 19-2-103 shall in
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     
CHAPTER 24. BOARD VACANCIES AND CONFLICTS ACT

1666     
Part 1. General Provisions

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     
Part 2. Vacancies

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     
Part 3. Conflicts of Interest

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          [(1) Unless waived by a majority of the president of the Senate, the Senate majority
2009     leader, and the Senate minority leader, 15 days before any Senate session to confirm any
2010     gubernatorial nominee, except a judicial appointment,]
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          [(a) a list of each nominee for an office or position made by the governor in accordance
2016     with the Utah Constitution and state law; and]
2017          [(b) any information that may support or provide biographical information about the
2018     nominee, including resumes and curriculum vitae.]
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          [(2)] (5) When the governor makes a judicial appointment, the governor shall
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          [(3)] (6) The governor shall inform the president of the Senate and the Office of
2057     Legislative Research and General Counsel of the number of letters withheld pursuant to
2058     Subsection [(2)] (5)(b)(iii).
2059          [(4)] (7) (a) Letters of inquiry submitted by any judge at the request of any judicial
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 [(4)] (7)
2062     may be classified as private in accordance with Section 63G-2-302.
2063          [(5)] (8) The Senate shall consent or refuse to give [its] consent to the nomination or
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 [place the following on] ensure the governor's website
2129     includes:
2130          (a) the information contained in the database[;], except for an individual's:
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) [Except as provided in Subsection (2), the] The board consists of [17] 18 residents
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          [(a) eight at-large members;]
2591          [(b) eight members, each of whom is:]
2592          [(i) selected from three nominees presented to the governor by a higher education
2593     institution board of trustees; and]

2594          [(ii) a current or former member of the institution of higher education board of trustees
2595     that nominates the member; and]
2596          [(c) one member, selected from three nominees presented to the governor by the
2597     student body presidents of the institutions of higher education, who:]
2598          [(i) is a fully matriculated student enrolled in an institution of higher education; and]
2599          [(ii) is not serving as a student body president at the time of the nomination.]
2600          [(2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve
2601     on the board, even if the individual does not fulfill a requirement for the composition of the
2602     board described in Subsection (1).]
2603          [(ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
2604     member's term expires.]
2605          [(b) An individual appointed to the board on or before May 8, 2017, who is a current or
2606     former member of an institution of higher education board of trustees is the board member for
2607     the institution of higher education described in Subsection (1)(b).]
2608          [(c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
2609     governor shall ensure that newly appointed members move the board toward the composition
2610     described in Subsection (1).]
2611          [(ii) In appointing a new member to the board, the governor shall first appoint a
2612     member described in Subsection (1)(b) until the eight positions described in Subsection (1)(b)
2613     are filled.]
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) [Except as provided in Subsection (2), the] The board consists of [17] 18 residents
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          [(a) eight at-large members;]

2648          [(b) eight members, each of whom is:]
2649          [(i) selected from three nominees presented to the governor by a higher education
2650     institution board of trustees; and]
2651          [(ii) a current or former member of the institution of higher education board of trustees
2652     that nominates the member; and]
2653          [(c) one member, selected from three nominees presented to the governor by the
2654     student body presidents of the institutions of higher education, who:]
2655          [(i) is a fully matriculated student enrolled in an institution of higher education; and]
2656          [(ii) is not serving as a student body president at the time of the nomination.]
2657          [(2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve
2658     on the board, even if the individual does not fulfill a requirement for the composition of the
2659     board described in Subsection (1).]
2660          [(ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
2661     member's term expires.]
2662          [(b) An individual appointed to the board on or before May 8, 2017, who is a current or
2663     former member of an institution of higher education board of trustees is the board member for
2664     the institution of higher education described in Subsection (1)(b).]
2665          [(c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
2666     governor shall ensure that newly appointed members move the board toward the composition
2667     described in Subsection (1).]
2668          [(ii) In appointing a new member to the board, the governor shall first appoint a
2669     member described in Subsection (1)(b) until the eight positions described in Subsection (1)(b)
2670     are filled.]
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.