1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the Senate's advice and consent for gubernatorial
10 nominees.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies deadlines, and the information provided by the governor, with respect to
14 non-judicial gubernatorial nominees;
15 ▸ requires a Senate confirmation hearing, and provides an exception to a deadline
16 waiver provision, for certain nominees;
17 ▸ requires notice of anticipated vacancies in offices that require Senate consent;
18 ▸ provides a process for government entities and other organizations to provide input
19 on gubernatorial appointments;
20 ▸ requires a judicial nominating commission to provide the list of nominees to the
21 Senate at the time it provides the list to the governor;
22 ▸ amends provisions requiring Senate consent to also require Senate advice; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 4-2-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
31 4-18-104, as last amended by Laws of Utah 2018, Chapter 115
32 7-1-202, as last amended by Laws of Utah 2002, Chapter 176
33 7-1-203, as last amended by Laws of Utah 2013, Chapter 73
34 9-1-201.1, as enacted by Laws of Utah 2012, Chapter 212
35 9-6-204, as last amended by Laws of Utah 2012, Chapter 212
36 9-6-803, as enacted by Laws of Utah 2015, Chapter 350
37 9-8-204, as last amended by Laws of Utah 2019, Chapter 221
38 9-22-104, as renumbered and amended by Laws of Utah 2019, Chapter 487
39 11-38-201, as last amended by Laws of Utah 2013, Chapter 310
40 13-1-3, as last amended by Laws of Utah 2002, Chapter 176
41 17B-2a-1005, as last amended by Laws of Utah 2014, Chapter 377
42 19-1-104, as last amended by Laws of Utah 2002, Chapter 176
43 19-2-103, as last amended by Laws of Utah 2015, Chapter 154
44 19-4-103, as last amended by Laws of Utah 2012, Chapter 360
45 19-5-103, as last amended by Laws of Utah 2015, Chapter 234
46 19-6-103, as last amended by Laws of Utah 2015, Chapter 451
47 20A-1-504, as last amended by Laws of Utah 2018, Chapter 19
48 23-14-2, as last amended by Laws of Utah 2011, Chapter 297
49 26-1-8, as last amended by Laws of Utah 2002, Chapter 176
50 26-9f-103, as last amended by Laws of Utah 2018, Chapter 125
51 26-21-3, as last amended by Laws of Utah 2011, Chapter 366
52 26-33a-103, as last amended by Laws of Utah 2014, Chapter 118
53 26-39-200, as last amended by Laws of Utah 2019, Chapter 111
54 31A-2-102, as last amended by Laws of Utah 2002, Chapter 176
55 31A-2-403, as last amended by Laws of Utah 2019, Chapter 193
56 32B-2-201, as last amended by Laws of Utah 2012, Chapter 365
57 32B-2-205, as last amended by Laws of Utah 2012, Chapter 365
58 34-20-3, as last amended by Laws of Utah 2016, Chapter 348
59 34A-1-201, as last amended by Laws of Utah 2011, Chapter 336
60 34A-1-205, as last amended by Laws of Utah 2013, Chapter 428
61 35A-1-201, as last amended by Laws of Utah 2018, Chapter 423
62 35A-8-304, as last amended by Laws of Utah 2019, Chapter 89
63 35A-8-2103, as renumbered and amended by Laws of Utah 2018, Chapter 182
64 40-6-4, as last amended by Laws of Utah 2013, Chapter 243
65 49-11-202, as last amended by Laws of Utah 2019, Chapter 31
66 51-7-16, as last amended by Laws of Utah 2010, Chapter 286
67 51-10-206, as last amended by Laws of Utah 2019, Chapter 163
68 53-1-107, as last amended by Laws of Utah 2002, Chapter 176
69 53-2a-1103, as last amended by Laws of Utah 2019, Chapter 161
70 53B-1-104, as last amended by Laws of Utah 2018, Chapter 382
71 53B-1-105, as last amended by Laws of Utah 2012, Chapter 78
72 53B-2-104, as last amended by Laws of Utah 2019, Chapter 357
73 53B-2a-103, as last amended by Laws of Utah 2018, Chapter 382
74 53B-2a-108, as repealed and reenacted by Laws of Utah 2018, Chapter 382
75 53C-1-202, as last amended by Laws of Utah 2011, Chapter 247
76 53E-3-921, as renumbered and amended by Laws of Utah 2018, Chapter 1
77 53G-5-201, as last amended by Laws of Utah 2019, Chapter 293
78 54-1-1.5, as last amended by Laws of Utah 2002, Chapter 176
79 54-10a-201, as renumbered and amended by Laws of Utah 2009, Chapter 237
80 59-1-201, as last amended by Laws of Utah 2014, Chapter 370
81 59-1-206, as last amended by Laws of Utah 2003, Chapter 131
82 61-1-18.5, as last amended by Laws of Utah 2011, Chapter 319
83 61-2f-103, as last amended by Laws of Utah 2016, Chapters 25 and 381
84 61-2g-204, as renumbered and amended by Laws of Utah 2011, Chapter 289
85 62A-1-107, as last amended by Laws of Utah 2019, Chapter 246
86 62A-1-108, as last amended by Laws of Utah 2002, Chapter 176
87 62A-7-501, as last amended by Laws of Utah 2019, Chapter 246
88 63A-1-105, as last amended by Laws of Utah 2002, Chapter 176
89 63F-1-105, as enacted by Laws of Utah 2005, Chapter 169
90 63G-2-501, as last amended by Laws of Utah 2019, Chapter 254
91 63H-4-102, as last amended by Laws of Utah 2011, Chapter 308 and renumbered and
92 amended by Laws of Utah 2011, Chapter 370
93 63H-6-104, as last amended by Laws of Utah 2018, Chapter 447
94 63H-8-201, as renumbered and amended by Laws of Utah 2015, Chapter 226
95 63J-4-602, as renumbered and amended by Laws of Utah 2008, Chapter 382
96 63J-4-702, as last amended by Laws of Utah 2019, Chapter 246
97 63L-9-103, as renumbered and amended by Laws of Utah 2017, Chapter 451
98 63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352
99 63M-7-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
100 63M-7-504, as last amended by Laws of Utah 2011, Chapter 131
101 63N-1-202, as last amended by Laws of Utah 2015, Chapter 344 and renumbered and
102 amended by Laws of Utah 2015, Chapter 283
103 63N-1-401, as renumbered and amended by Laws of Utah 2015, Chapter 283
104 63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
105 63N-7-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
106 64-13-3, as last amended by Laws of Utah 2002, Chapter 176
107 67-1-1.5, as last amended by Laws of Utah 2010, Chapter 355
108 67-1-2, as last amended by Laws of Utah 2008, Chapter 382
109 67-1-2.5, as last amended by Laws of Utah 2019, Chapter 246
110 67-1-3, as last amended by Laws of Utah 2002, Chapter 176
111 67-1-5, Utah Code Annotated 1953
112 67-1a-2, as last amended by Laws of Utah 2019, Chapter 165
113 67-19a-201, as last amended by Laws of Utah 2010, Chapters 249, 286, 324 and last
114 amended by Coordination Clause, Laws of Utah 2010, Chapter 249
115 68-4-5, as repealed and reenacted by Laws of Utah 2011, Chapter 356
116 68-4-6, as repealed and reenacted by Laws of Utah 2011, Chapter 356
117 72-1-202, as last amended by Laws of Utah 2019, Chapters 69 and 479
118 72-1-301, as last amended by Laws of Utah 2019, Chapter 479
119 73-2-1, as last amended by Laws of Utah 2017, Chapter 60
120 73-10-2, as last amended by Laws of Utah 2010, Chapter 286
121 73-30-201, as last amended by Laws of Utah 2011, Chapter 308
122 77-5-6, as last amended by Laws of Utah 1986, Chapter 47
123 77-27-2, as last amended by Laws of Utah 2011, Chapter 366
124 78A-11-103, as last amended by Laws of Utah 2012, Chapter 133
125 78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
126 amended by Laws of Utah 2019, Chapter 326
127 79-2-202, as last amended by Laws of Utah 2018, Chapter 200
128 79-3-302, as last amended by Laws of Utah 2010, Chapter 286
129 79-4-302, as last amended by Laws of Utah 2010, Chapter 286
130
131 Be it enacted by the Legislature of the state of Utah:
132 Section 1. Section 4-2-104 is amended to read:
133 4-2-104. Administration by commissioner.
134 (1) Administration of the department is under the direction, control, and management
135 of a commissioner appointed by the governor with the advice and consent of the Senate.
136 (2) The commissioner shall serve at the pleasure of the governor.
137 (3) The governor shall establish the commissioner's compensation within the salary
138 range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
139 Section 2. Section 4-18-104 is amended to read:
140 4-18-104. Conservation Commission created -- Composition -- Appointment --
141 Terms -- Compensation -- Attorney general to provide legal assistance.
142 (1) There is created within the department the Conservation Commission to perform
143 the functions specified in this chapter.
144 (2) The Conservation Commission shall be composed of:
145 (a) 11 voting members, including:
146 (i) the director of the Extension Service at Utah State University or the director's
147 designee;
148 (ii) the executive director of the Department of Natural Resources or the executive
149 director's designee;
150 (iii) the executive director of the Department of Environmental Quality or the
151 executive director's designee;
152 (iv) the president of the County Weed Supervisors Association or the president's
153 designee; and
154 (v) seven district supervisors who provide district representation on the commission on
155 a multicounty basis; and
156 (b) the commissioner or the commissioner's designee.
157 (3) If a district supervisor is unable to attend a meeting, the district supervisor may
158 designate an alternate to serve in the place of the district supervisor for that meeting.
159 (4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an
160 association that represents a conservation district.
161 (5) (a) The commissioner or the commissioner's designee shall serve as chair of the
162 Conservation Commission.
163 (b) The commissioner or the commissioner's designee may not vote except in the event
164 of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding
165 vote.
166 (6) The members of the commission specified in Subsection (2)(a)(v) shall:
167 (a) be recommended by the commission to the governor; and
168 (b) be appointed by the governor with the advice and consent of the Senate.
169 (7) (a) Except as required by Subsection (7)(b), as terms of current commission
170 members expire, the governor shall appoint each new member or reappointed member to a
171 four-year term.
172 (b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the
173 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
174 commission members are staggered so that approximately half of the commission is appointed
175 every two years.
176 (c) A commission member may not be appointed to more than two consecutive terms.
177 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
178 appointed for the unexpired term.
179 (9) Attendance of six voting members of the commission at a meeting constitutes a
180 quorum.
181 (10) A member may not receive compensation or benefits for the member's service, but
182 may receive per diem and travel expenses in accordance with:
183 (a) Section 63A-3-106;
184 (b) Section 63A-3-107; and
185 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
186 63A-3-107.
187 (11) The commission shall keep a record of the commission's actions.
188 (12) The attorney general shall provide legal services to the commission upon request.
189 Section 3. Section 7-1-202 is amended to read:
190 7-1-202. Commissioner of financial institutions as executive officer --
191 Appointment -- Term -- Salary -- Qualifications.
192 The chief executive officer of the Department of Financial Institutions shall be the
193 commissioner of financial institutions who shall be appointed by the governor with the advice
194 and consent of the Senate. [
195 following [
196 qualified, but [
197 shall establish the commissioner's salary within the salary range fixed by the Legislature in
198 Title 67, Chapter 22, State Officer Compensation. The commissioner of financial institutions
199 shall be a citizen of the United States and shall have sufficient experience with depository
200 institutions or as an employee of a state or federal agency having supervision over financial
201 institutions to demonstrate [
202 duties of [
203 Section 4. Section 7-1-203 is amended to read:
204 7-1-203. Board of Financial Institutions.
205 (1) There is created a Board of Financial Institutions consisting of the commissioner
206 and the following five members, who shall be qualified by training and experience in their
207 respective fields and shall be appointed by the governor with the advice and consent of the
208 Senate:
209 (a) one representative from the commercial banking business;
210 (b) one representative from the consumer lending, money services business, or escrow
211 agency business;
212 (c) one representative from the industrial bank business;
213 (d) one representative from the credit union business; and
214 (e) one representative of the general public who, as a result of education, training,
215 experience, or interest, is well qualified to consider economic and financial issues and data as
216 they may affect the public interest in the soundness of the financial systems of this state.
217 (2) The commissioner shall act as chair.
218 (3) (a) A member of the board shall be a resident of this state.
219 (b) No more than three members of the board may be from the same political party.
220 (c) No more than two members of the board may be connected with the same financial
221 institution or its holding company.
222 (d) A member may not participate in any matter involving an institution with which the
223 member has a conflict of interest.
224 (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
225 each expiring on July 1.
226 (b) The governor shall, at the time of appointment or reappointment, adjust the length
227 of terms to ensure that the terms of board members are staggered so that approximately half of
228 the board is appointed every two years.
229 (c) A member serves until the member's successor is appointed and qualified.
230 (d) When a vacancy occurs in the membership for any reason, the governor shall
231 appoint a replacement for the unexpired term.
232 (5) (a) The board shall meet at least quarterly on a date the board sets.
233 (b) The commissioner or any two members of the board may call additional meetings.
234 (c) Four members constitute a quorum for the transaction of business.
235 (d) Actions of the board require a vote of a majority of those present when a quorum is
236 present.
237 (e) A meeting of the board and records of the board's proceedings are subject to Title
238 52, Chapter 4, Open and Public Meetings Act, except for discussion of confidential
239 information pertaining to a particular financial institution.
240 (6) (a) A member of the board shall, by sworn or written statement filed with the
241 commissioner, disclose any position of employment or ownership interest that the member has
242 with respect to any institution subject to the jurisdiction of the department.
243 (b) The member shall:
244 (i) file the statement required by this Subsection (6) when first appointed to the board;
245 and
246 (ii) subsequently file amendments to the statement if there is any material change in the
247 matters covered by the statement.
248 (7) A member may not receive compensation or benefits for the member's service, but
249 may receive per diem and travel expenses in accordance with:
250 (a) Section 63A-3-106;
251 (b) Section 63A-3-107; and
252 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
253 63A-3-107.
254 (8) The board shall advise the commissioner with respect to:
255 (a) the exercise of the commissioner's duties, powers, and responsibilities under this
256 title; and
257 (b) the organization and performance of the department and its employees.
258 (9) The board shall recommend annually to the governor and the Legislature a budget
259 for the requirements of the department in carrying out its duties, functions, and responsibilities
260 under this title.
261 Section 5. Section 9-1-201.1 is amended to read:
262 9-1-201.1. Executive director of department -- Appointment -- Removal --
263 Compensation.
264 (1) The department shall be directed, organized, and managed by an executive director
265 appointed by the governor with the advice and consent of the Senate.
266 (2) The executive director serves at the pleasure of the governor.
267 (3) The salary of the executive director shall be established by the governor within the
268 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
269 Section 6. Section 9-6-204 is amended to read:
270 9-6-204. Utah Arts Council Board of Directors.
271 (1) There is created within the division the Board of Directors of the Utah Arts
272 Council.
273 (2) (a) The board shall consist of 13 members appointed by the governor to four-year
274 terms of office with the advice and consent of the Senate.
275 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
276 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
277 board members are staggered so that approximately half of the board is appointed every two
278 years.
279 (c) Nine board members shall be working artists in the following areas:
280 (i) visual arts;
281 (ii) architecture or design;
282 (iii) literature;
283 (iv) music;
284 (v) sculpture;
285 (vi) folklore or folk arts;
286 (vii) theatre;
287 (viii) dance; and
288 (ix) media arts.
289 (d) Four board members shall be citizens knowledgeable in the arts.
290 (3) The members shall be appointed from the state at large with due consideration for
291 geographical representation.
292 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
293 appointed for the unexpired term by the governor within one month from the time of vacancy.
294 (5) Seven members of the board constitute a quorum for the transaction of business.
295 (6) The governor shall annually select one of the board members as chair.
296 (7) A member may not receive compensation or benefits for the member's service, but
297 may receive per diem and travel expenses in accordance with:
298 (a) Section 63A-3-106;
299 (b) Section 63A-3-107; and
300 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
301 63A-3-107.
302 (8) A member may not receive gifts, prizes, or awards of money from the purchasing
303 fund of the division during the member's term of office.
304 Section 7. Section 9-6-803 is amended to read:
305 9-6-803. Arts and Culture Business Alliance -- Creation -- Members -- Vacancies.
306 (1) There is created within the division the Arts and Culture Business Alliance.
307 (2) (a) The alliance shall consist of seven members.
308 (b) The six members described in Subsections (2)(d) and (e) shall be appointed by the
309 governor to four-year terms of office with the advice and consent of the Senate.
310 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
311 time of appointment or reappointment, adjust the length of terms to ensure that the terms of the
312 members described in Subsections (2)(d) and (e) are staggered so that approximately half of the
313 members are appointed every two years.
314 (d) Five members shall be citizens with an interest in supporting and advancing the arts
315 and arts development in the state.
316 (e) One member shall have expertise in business or finance.
317 (f) One member is the executive director of the Department of Heritage and Arts, or the
318 executive director's designee.
319 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
320 appointed for the unexpired term in the same manner as the original member.
321 (4) Four members of the board constitute a quorum for the transaction of business.
322 (5) The governor shall annually select one of the board members as chair.
323 (6) Except for the executive director, a member may not receive compensation or
324 benefits for the member's service, but may receive per diem and travel expenses in accordance
325 with:
326 (a) Section 63A-3-106;
327 (b) Section 63A-3-107; and
328 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
329 63A-3-107.
330 (7) A member may not receive a gift, prize, or award of money from the division or the
331 account.
332 Section 8. Section 9-8-204 is amended to read:
333 9-8-204. Board of State History.
334 (1) There is created within the department the Board of State History.
335 (2) The board shall consist of 11 members appointed by the governor with the advice
336 and consent of the Senate as follows:
337 (a) sufficient representatives to satisfy the federal requirements for an adequately
338 qualified State Historic Preservation Review Board; and
339 (b) other persons with an interest in the subject matter of the division's responsibilities.
340 (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
341 terms of four years and shall serve until their successors are appointed and qualified.
342 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
343 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
344 board members are staggered so that approximately half of the board is appointed every two
345 years.
346 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
347 appointed for the unexpired term with the advice and consent of the Senate.
348 (5) A simple majority of the board constitutes a quorum for conducting board business.
349 (6) The governor shall select a chair and vice chair from the board members.
350 (7) A member may not receive compensation or benefits for the member's service, but
351 may receive per diem and travel expenses in accordance with:
352 (a) Section 63A-3-106;
353 (b) Section 63A-3-107; and
354 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
355 63A-3-107.
356 Section 9. Section 9-22-104 is amended to read:
357 9-22-104. STEM Action Center Board -- Duties.
358 (1) The STEM board shall:
359 (a) establish a STEM Action Center to:
360 (i) coordinate STEM activities in the state among the following stakeholders:
361 (A) the State Board of Education;
362 (B) school districts and charter schools;
363 (C) the State Board of Regents;
364 (D) institutions of higher education;
365 (E) parents of home-schooled students;
366 (F) other state agencies; and
367 (G) business and industry representatives;
368 (ii) align public education STEM activities with higher education STEM activities; and
369 (iii) create and coordinate best practices among public education and higher education;
370 (b) with the advice and consent of the Senate, appoint a director to oversee the
371 administration of the STEM Action Center;
372 (c) select a physical location for the STEM Action Center;
373 (d) strategically engage industry and business entities to cooperate with the STEM
374 board:
375 (i) to support high quality professional development and provide other assistance for
376 educators and students; and
377 (ii) to provide private funding and support for the STEM Action Center;
378 (e) give direction to the STEM Action Center and the providers selected through a
379 request for proposals process pursuant to this part; and
380 (f) work to meet the following expectations:
381 (i) that at least 50 educators are implementing best practice learning tools in
382 classrooms;
383 (ii) performance change in student achievement in each classroom participating in a
384 STEM Action Center project; and
385 (iii) that students from at least 50 schools in the state participate in the STEM
386 competitions, fairs, and camps described in Subsection 9-22-106(2)(d).
387 (2) The STEM board may:
388 (a) enter into contracts for the purposes of this part;
389 (b) apply for, receive, and disburse funds, contributions, or grants from any source for
390 the purposes set forth in this part;
391 (c) employ, compensate, and prescribe the duties and powers of individuals necessary
392 to execute the duties and powers of the STEM board;
393 (d) prescribe the duties and powers of the STEM Action Center providers; and
394 (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
395 make rules to administer this part.
396 (3) The STEM board may establish a foundation to assist in:
397 (a) the development and implementation of the programs authorized under this part to
398 promote STEM education; and
399 (b) implementation of other STEM education objectives described in this part.
400 (4) A foundation established by the STEM board under Subsection (3):
401 (a) may solicit and receive contributions from a private organization for STEM
402 education objectives described in this part;
403 (b) shall comply with the requirements described in Section 9-22-105;
404 (c) does not have power or authority to incur contractual obligations or liabilities that
405 constitute a claim against public funds;
406 (d) may not exercise executive or administrative authority over the programs or other
407 activities described in this part, except to the extent specifically authorized by the STEM board;
408 (e) shall provide the STEM board with information detailing transactions and balances
409 associated with the foundation; and
410 (f) may not:
411 (i) engage in lobbying activities;
412 (ii) attempt to influence legislation; or
413 (iii) participate in any campaign activity for or against:
414 (A) a political candidate; or
415 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
416 ballot proposition submitted to the voters.
417 Section 10. Section 11-38-201 is amended to read:
418 11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
419 Organization -- Expenses -- Staff.
420 (1) (a) There is created a Quality Growth Commission consisting of:
421 (i) the director of the Department of Natural Resources;
422 (ii) the commissioner of the Department of Agriculture and Food;
423 (iii) six elected officials at the local government level, three of whom may not be
424 residents of a county of the first or second class; and
425 (iv) five persons from the profit and nonprofit private sector, two of whom may not be
426 residents of a county of the first or second class and no more than three of whom may be from
427 the same political party and one of whom shall be from the residential construction industry,
428 nominated by the Utah Home Builders Association, and one of whom shall be from the real
429 estate industry, nominated by the Utah Association of Realtors.
430 (b) (i) The director of the Department of Natural Resources and the commissioner of
431 the Department of Agriculture and Food may not assume their positions on the commission
432 until:
433 (A) after May 1, 2005; and
434 (B) the term of the respective predecessor in office, who is a state government level
435 appointee, expires.
436 (ii) The term of a commission member serving on May 1, 2005 as one of the six
437 elected local officials or five private sector appointees may not be shortened because of
438 application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
439 from counties of the first or second class.
440 (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be
441 appointed by the governor with the advice and consent of the Senate.
442 (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
443 a list of names provided by the Utah League of Cities and Towns, and shall select the
444 remaining three from a list of names provided by the Utah Association of Counties.
445 (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
446 community from a list of names provided by Utah farm organizations.
447 (3) (a) The term of office of each member is four years, except that the governor shall
448 appoint one of the persons at the state government level, three of the persons at the local
449 government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
450 term.
451 (b) No member of the commission may serve more than two consecutive four-year
452 terms.
453 (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
454 an appointment under Subsection (2).
455 (5) Commission members shall elect a chair from their number and establish rules for
456 the organization and operation of the commission.
457 (6) A member may not receive compensation or benefits for the member's service, but
458 may receive per diem and travel expenses in accordance with:
459 (a) Section 63A-3-106;
460 (b) Section 63A-3-107; and
461 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
462 63A-3-107.
463 (7) A member is not required to give bond for the performance of official duties.
464 (8) Staff services to the commission:
465 (a) shall be provided by the Governor's Office of Management and Budget; and
466 (b) may be provided by local entities through the Utah Association of Counties and the
467 Utah League of Cities and Towns, with funds approved by the commission from those
468 identified as available to local entities under Subsection 11-38-203(1)(a).
469 Section 11. Section 13-1-3 is amended to read:
470 13-1-3. Executive director.
471 (1) The department shall be under the supervision, direction, and control of the
472 executive director of commerce. The executive director shall be appointed by the governor
473 with the advice and consent of the Senate. The executive director shall hold office at the
474 pleasure of the governor. The governor shall establish the executive director's salary within the
475 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
476 (2) The executive director shall employ personnel necessary to carry out the duties and
477 responsibilities of the department.
478 Section 12. Section 17B-2a-1005 is amended to read:
479 17B-2a-1005. Water conservancy district board of trustees -- Selection of
480 members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
481 (1) Members of the board of trustees for a water conservancy district shall be:
482 (a) elected in accordance with:
483 (i) the petition or resolution that initiated the process of creating the water conservancy
484 district; and
485 (ii) Section 17B-1-306;
486 (b) appointed in accordance with Subsection (2); or
487 (c) elected under Subsection (4)(a).
488 (2) (a) If the members of the board of trustees are appointed, within 45 days after the
489 day on which a water conservancy district is created as provided in Section 17B-1-215, the
490 board of trustees shall be appointed as provided in this Subsection (2).
491 (b) For a district located entirely within the boundaries of a single county, the county
492 legislative body of that county shall appoint each trustee.
493 (c) (i) For a district located in more than a single county, the governor, with the advice
494 and consent of the Senate, shall appoint each trustee from nominees submitted as provided in
495 this Subsection (2)(c).
496 (ii) (A) Except as provided in Subsection (2)(c)(ii)(B), in a division composed solely of
497 municipalities, the legislative body of each municipality within the division shall submit two
498 nominees per trustee.
499 (B) The legislative body of a municipality may submit fewer than two nominees per
500 trustee if the legislative body certifies in writing to the governor that the legislative body is
501 unable, after reasonably diligent effort, to identify two nominees who are willing and qualified
502 to serve as trustee.
503 (iii) (A) Except as provided in Subsection (2)(c)(iii)(B), in all other divisions, the
504 county legislative body of the county in which the division is located shall submit three
505 nominees per trustee.
506 (B) The county legislative body may submit fewer than three nominees per trustee if
507 the county legislative body certifies in writing to the governor that the county legislative body
508 is unable, after reasonably diligent effort, to identify three nominees who are willing and
509 qualified to serve as trustee.
510 (iv) If a trustee represents a division located in more than one county, the county
511 legislative bodies of those counties shall collectively compile the list of three nominees.
512 (v) For purposes of this Subsection (2)(c), a municipality that is located in more than
513 one county shall be considered to be located in only the county in which more of the municipal
514 area is located than in any other county.
515 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
516 appointed in that district shall be a person who owns irrigation rights and uses those rights as
517 part of that person's livelihood.
518 (3) (a) The board shall give written notice of the upcoming vacancy in an appointed
519 trustee's term and the date when the trustee's term expires to the county legislative body in
520 single county districts and to the nominating entities and the governor in all other districts:
521 (i) if the upcoming vacancy is in a single county district, at least 90 days before the
522 expiration of the trustee's term; and
523 (ii) for all other districts, on or before October 1 before the expiration of the appointed
524 trustee's term.
525 (b) (i) Upon receipt of the notice of the expiration of an appointed trustee's term or
526 notice of a vacancy in the office of an appointed trustee, the county or municipal legislative
527 body, as the case may be, shall nominate candidates to fill the unexpired term of office
528 pursuant to Subsection (2).
529 (ii) If a trustee is to be appointed by the governor and the entity charged with
530 nominating candidates has not submitted the list of nominees within 90 days after service of
531 the notice, the governor shall make the appointment from qualified candidates without
532 consultation with the county or municipal legislative body.
533 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
534 successor is appointed and qualified.
535 (iv) Appointment by the governor vests in the appointee, upon qualification, the
536 authority to discharge the duties of trustee, subject only to the advice and consent of the Senate.
537 (c) Each trustee shall hold office during the term for which appointed and until a
538 successor is duly appointed and has qualified.
539 (4) (a) Members of the board of trustees of a water conservancy district shall be
540 elected, if, subject to Subsection (4)(b):
541 (i) two-thirds of all members of the board of trustees of the water conservancy district
542 vote in favor of changing to an elected board; and
543 (ii) the legislative body of each municipality or county that appoints a member to the
544 board of trustees adopts a resolution approving the change to an elected board.
545 (b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
546 the term of any member of the board of trustees serving at the time of the change.
547 (5) The board of trustees of a water conservancy district shall consist of:
548 (a) except as provided in Subsection (5)(b), not more than 11 persons who are residents
549 of the district; or
550 (b) if the district consists of five or more counties, not more than 21 persons who are
551 residents of the district.
552 (6) If an elected trustee's office is vacated, the vacated office shall be filled in
553 accordance with Section 17B-1-303.
554 (7) Each trustee shall furnish a corporate surety bond at the expense of the district,
555 conditioned for the faithful performance of duties as a trustee.
556 (8) (a) The board of trustees of a water conservancy district may:
557 (i) make and enforce all reasonable rules and regulations for the management, control,
558 delivery, use, and distribution of water;
559 (ii) withhold the delivery of water with respect to which there is a default or
560 delinquency of payment;
561 (iii) provide for and declare a forfeiture of the right to the use of water upon the default
562 or failure to comply with an order, contract, or agreement for the purchase, lease, or use of
563 water, and resell, lease, or otherwise dispose of water with respect to which a forfeiture has
564 been declared;
565 (iv) allocate and reallocate the use of water to lands within the district;
566 (v) provide for and grant the right, upon terms, to transfer water from lands to which
567 water has been allocated to other lands within the district;
568 (vi) create a lien, as provided in this part, upon land to which the use of water is
569 transferred;
570 (vii) discharge a lien from land to which a lien has attached; and
571 (viii) subject to Subsection (8)(b), enter into a written contract for the sale, lease, or
572 other disposition of the use of water.
573 (b) (i) A contract under Subsection (8)(a)(viii) may provide for the use of water
574 perpetually or for a specified term.
575 (ii) (A) If a contract under Subsection (8)(a)(viii) makes water available to the
576 purchasing party without regard to actual taking or use, the board may require that the
577 purchasing party give security for the payment to be made under the contract, unless the
578 contract requires the purchasing party to pay for certain specified annual minimums.
579 (B) The security requirement under Subsection (8)(b)(ii)(A) in a contract with a public
580 entity may be met by including in the contract a provision for the public entity's levy of a
581 special assessment to make annual payments to the district.
582 Section 13. Section 19-1-104 is amended to read:
583 19-1-104. Creation of department -- Appointment of executive director.
584 (1) There is created within state government the Department of Environmental Quality.
585 The department shall be administered by an executive director.
586 (2) The executive director shall be appointed by the governor with the advice and
587 consent of the Senate and shall serve at the pleasure of the governor.
588 (3) The executive director shall have demonstrated the necessary administrative and
589 professional ability through education and experience to efficiently and effectively manage the
590 department's affairs.
591 (4) The Legislature shall fix the compensation of the executive director in accordance
592 with Title 67, Chapter 22, State Officer Compensation.
593 Section 14. Section 19-2-103 is amended to read:
594 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
595 and expenses.
596 (1) The board consists of the following nine members:
597 (a) the following non-voting member, except that the member may vote to break a tie
598 vote between the voting members:
599 (i) the executive director; or
600 (ii) an employee of the department designated by the executive director; and
601 (b) the following eight voting members, who shall be appointed by the governor with
602 the advice and consent of the Senate:
603 (i) one representative who:
604 (A) is not connected with industry;
605 (B) is an expert in air quality matters; and
606 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
607 with relevant training and experience;
608 (ii) two government representatives who do not represent the federal government;
609 (iii) one representative from the mining industry;
610 (iv) one representative from the fuels industry;
611 (v) one representative from the manufacturing industry;
612 (vi) one representative from the public who represents:
613 (A) an environmental nongovernmental organization; or
614 (B) a nongovernmental organization that represents community interests and does not
615 represent industry interests; and
616 (vii) one representative from the public who is trained and experienced in public
617 health.
618 (2) A member of the board shall:
619 (a) be knowledgeable about air pollution matters, as evidenced by a professional
620 degree, a professional accreditation, or documented experience;
621 (b) be a resident of Utah;
622 (c) attend board meetings in accordance with the attendance rules made by the
623 department under Subsection 19-1-201(1)(d)(i)(A); and
624 (d) comply with all applicable statutes, rules, and policies, including the conflict of
625 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
626 (3) No more than five of the appointed members of the board shall belong to the same
627 political party.
628 (4) A majority of the members of the board may not derive any significant portion of
629 their income from persons subject to permits or orders under this chapter.
630 (5) (a) Members shall be appointed for a term of four years.
631 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
632 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
633 board members are staggered so that half of the appointed board is appointed every two years.
634 (6) A member may serve more than one term.
635 (7) A member shall hold office until the expiration of the member's term and until the
636 member's successor is appointed, but not more than 90 days after the expiration of the
637 member's term.
638 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
639 appointed for the unexpired term.
640 (9) The board shall elect annually a chair and a vice chair from its members.
641 (10) (a) The board shall meet at least quarterly.
642 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
643 the request of the director, or upon the request of three members of the board.
644 (c) Three days' notice shall be given to each member of the board before a meeting.
645 (11) Five members constitute a quorum at a meeting, and the action of a majority of
646 members present is the action of the board.
647 (12) A member may not receive compensation or benefits for the member's service, but
648 may receive per diem and travel expenses in accordance with:
649 (a) Section 63A-3-106;
650 (b) Section 63A-3-107; and
651 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
652 63A-3-107.
653 Section 15. Section 19-4-103 is amended to read:
654 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
655 diem and expenses.
656 (1) The board consists of the following nine members:
657 (a) the following non-voting member, except that the member may vote to break a tie
658 vote between the voting members:
659 (i) the executive director; or
660 (ii) an employee of the department designated by the executive director; and
661 (b) the following eight voting members, who shall be appointed by the governor with
662 the advice and consent of the Senate:
663 (i) one representative who is a Utah-licensed professional engineer with expertise in
664 civil or sanitary engineering;
665 (ii) two representatives who are elected officials from a municipal government that is
666 involved in the management or operation of a public water system;
667 (iii) one representative from an improvement district, a water conservancy district, or a
668 metropolitan water district;
669 (iv) one representative from an entity that manages or operates a public water system;
670 (v) one representative from:
671 (A) the state water research community; or
672 (B) an institution of higher education that has comparable expertise in water research
673 to the state water research community;
674 (vi) one representative from the public who represents:
675 (A) an environmental nongovernmental organization; or
676 (B) a nongovernmental organization that represents community interests and does not
677 represent industry interests; and
678 (vii) one representative from the public who is trained and experienced in public
679 health.
680 (2) A member of the board shall:
681 (a) be knowledgeable about drinking water and public water systems, as evidenced by a
682 professional degree, a professional accreditation, or documented experience;
683 (b) represent different geographical areas within the state insofar as practicable;
684 (c) be a resident of Utah;
685 (d) attend board meetings in accordance with the attendance rules made by the
686 department under Subsection 19-1-201(1)(d)(i)(A); and
687 (e) comply with all applicable statutes, rules, and policies, including the conflict of
688 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
689 (3) No more than five appointed members of the board shall be from the same political
690 party.
691 (4) (a) As terms of current board members expire, the governor shall appoint each new
692 member or reappointed member to a four-year term.
693 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
694 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
695 board members are staggered so that half of the appointed board is appointed every two years.
696 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
697 appointed before May 1, 2013, shall expire on April 30, 2013.
698 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
699 accordance with this section.
700 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
701 appointed for the unexpired term.
702 (6) Each member holds office until the expiration of the member's term, and until a
703 successor is appointed, but not for more than 90 days after the expiration of the term.
704 (7) The board shall elect annually a chair and a vice chair from its members.
705 (8) (a) The board shall meet at least quarterly.
706 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
707 the request of the director, or upon the request of three members of the board.
708 (c) Reasonable notice shall be given to each member of the board before any meeting.
709 (9) Five members constitute a quorum at any meeting and the action of the majority of
710 the members present is the action of the board.
711 (10) A member may not receive compensation or benefits for the member's service, but
712 may receive per diem and travel expenses in accordance with:
713 (a) Section 63A-3-106;
714 (b) Section 63A-3-107; and
715 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
716 63A-3-107.
717 Section 16. Section 19-5-103 is amended to read:
718 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
719 Organization -- Meetings -- Per diem and expenses.
720 (1) The board consists of the following nine members:
721 (a) the following non-voting member, except that the member may vote to break a tie
722 vote between the voting members:
723 (i) the executive director; or
724 (ii) an employee of the department designated by the executive director; and
725 (b) the following eight voting members, who shall be appointed by the governor with
726 the advice and consent of the Senate:
727 (i) one representative who:
728 (A) is an expert and has relevant training and experience in water quality matters;
729 (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
730 with relevant training and experience; and
731 (C) represents local and special service districts in the state;
732 (ii) two government representatives who do not represent the federal government;
733 (iii) one representative from the mineral industry;
734 (iv) one representative from the manufacturing industry;
735 (v) one representative who represents agricultural and livestock interests;
736 (vi) one representative from the public who represents:
737 (A) an environmental nongovernmental organization; or
738 (B) a nongovernmental organization that represents community interests and does not
739 represent industry interests; and
740 (vii) one representative from the public who is trained and experienced in public
741 health.
742 (2) A member of the board shall:
743 (a) be knowledgeable about water quality matters, as evidenced by a professional
744 degree, a professional accreditation, or documented experience;
745 (b) be a resident of Utah;
746 (c) attend board meetings in accordance with the attendance rules made by the
747 department under Subsection 19-1-201(1)(d)(i)(A); and
748 (d) comply with all applicable statutes, rules, and policies, including the conflict of
749 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
750 (3) No more than five of the appointed members may be from the same political party.
751 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
752 appointed for the unexpired term with the advice and consent of the Senate.
753 (5) (a) A member shall be appointed for a term of four years and is eligible for
754 reappointment.
755 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
756 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
757 board members are staggered so that half of the appointed board is appointed every two years.
758 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
759 appointed before March 1, 2013, shall expire on February 28, 2013.
760 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
761 accordance with this section.
762 (6) A member shall hold office until the expiration of the member's term and until the
763 member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
764 (7) The board shall:
765 (a) organize and annually select one of its members as chair and one of its members as
766 vice chair;
767 (b) hold at least four regular meetings each calendar year; and
768 (c) keep minutes of its proceedings which are open to the public for inspection.
769 (8) The chair may call a special meeting upon the request of three or more members of
770 the board.
771 (9) Each member of the board and the director shall be notified of the time and place of
772 each meeting.
773 (10) Five members of the board constitute a quorum for the transaction of business,
774 and the action of a majority of members present is the action of the board.
775 (11) A member may not receive compensation or benefits for the member's service, but
776 may receive per diem and travel expenses in accordance with:
777 (a) Section 63A-3-106;
778 (b) Section 63A-3-107; and
779 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
780 63A-3-107.
781 Section 17. Section 19-6-103 is amended to read:
782 19-6-103. Waste Management and Radiation Control Board -- Members -- Terms
783 -- Organization -- Meetings -- Per diem and expenses.
784 (1) The board consists of the following 12 members:
785 (a) the following non-voting member, except that the member may vote to break a tie
786 vote between the voting members:
787 (i) the executive director; or
788 (ii) an employee of the department designated by the executive director; and
789 (b) the following 11 voting members appointed by the governor with the advice and
790 consent of the Senate:
791 (i) one representative who is:
792 (A) not connected with industry; and
793 (B) a Utah-licensed professional engineer;
794 (ii) two government representatives who do not represent the federal government;
795 (iii) one representative from the manufacturing, mining, or fuel industry;
796 (iv) one representative from the private solid or hazardous waste disposal industry;
797 (v) one representative from the private hazardous waste recovery industry;
798 (vi) one representative from the radioactive waste management industry;
799 (vii) one representative from the uranium milling industry;
800 (viii) one representative from the public who represents:
801 (A) an environmental nongovernmental organization; or
802 (B) a nongovernmental organization that represents community interests and does not
803 represent industry interests;
804 (ix) one representative from the public who is trained and experienced in public health
805 and a licensed:
806 (A) medical doctor; or
807 (B) dentist; and
808 (x) one representative who is:
809 (A) a medical physicist or a health physicist; or
810 (B) a professional employed in the field of radiation safety.
811 (2) A member of the board shall:
812 (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
813 protection as evidenced by a professional degree, a professional accreditation, or documented
814 experience;
815 (b) be a resident of Utah;
816 (c) attend board meetings in accordance with the attendance rules made by the
817 department under Subsection 19-1-201(1)(d)(i)(A); and
818 (d) comply with all applicable statutes, rules, and policies, including the conflict of
819 interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B).
820 (3) No more than six of the appointed members may be from the same political party.
821 (4) (a) Members shall be appointed for terms of four years each.
822 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
823 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
824 board members are staggered so that half of the appointed board is appointed every two years.
825 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
826 appointed before March 1, 2013, shall expire on February 28, 2013.
827 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
828 accordance with this section.
829 (5) Each member is eligible for reappointment.
830 (6) Board members shall continue in office until the expiration of their terms and until
831 their successors are appointed, but not more than 90 days after the expiration of their terms.
832 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
833 appointed for the unexpired term by the governor, after considering recommendations of the
834 board and with the advice and consent of the Senate.
835 (8) The board shall elect a chair and vice chair on or before April 1 of each year from
836 its membership.
837 (9) A member may not receive compensation or benefits for the member's service, but
838 may receive per diem and travel expenses in accordance with:
839 (a) Section 63A-3-106;
840 (b) Section 63A-3-107; and
841 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
842 63A-3-107.
843 (10) (a) The board shall hold a meeting at least once every three months including one
844 meeting during each annual general session of the Legislature.
845 (b) Meetings shall be held on the call of the chair, the director, or any three of the
846 members.
847 (11) Six members constitute a quorum at any meeting, and the action of the majority of
848 members present is the action of the board.
849 Section 18. Section 20A-1-504 is amended to read:
850 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
851 state auditor, State Board of Education member, and lieutenant governor.
852 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
853 treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the
854 unexpired term at the next regular general election.
855 (b) The governor shall fill the vacancy until the next regular general election by:
856 (i) appointing a person who meets the qualifications for the office from three persons
857 nominated by the state central committee of the same political party as the prior officeholder;
858 or
859 (ii) for a State Board of Education vacancy, if the individual who is being replaced:
860 (A) was elected at a nonpartisan State Board of Education election, by appointing, with
861 the advice and consent of the Senate, an individual who meets the qualifications and residency
862 requirements for filling the vacancy described in Section 20A-14-103;
863 (B) was elected at a partisan State Board of Education election, but is not a member of
864 a political party, by appointing, with the advice and consent of the Senate, an individual who
865 meets the qualifications and residency requirements for filling the vacancy described in Section
866 20A-14-103; or
867 (C) was elected at a partisan State Board of Education election, and is a member of a
868 political party, by appointing an individual who meets the qualifications for the office from
869 three persons nominated by the state central committee of the same political party as the prior
870 officeholder.
871 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
872 advice and consent of the Senate, appoint a person to hold the office until the next regular
873 general election at which the governor stands for election.
874 Section 19. Section 23-14-2 is amended to read:
875 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --
876 Meetings -- Per diem and expenses.
877 (1) There is created a Wildlife Board which shall consist of seven members appointed
878 by the governor with the advice and consent of the Senate.
879 (2) (a) In addition to the requirements of Section 79-2-203, the members of the board
880 shall have expertise or experience in at least one of the following areas:
881 (i) wildlife management or biology;
882 (ii) habitat management, including range or aquatic;
883 (iii) business, including knowledge of private land issues; and
884 (iv) economics, including knowledge of recreational wildlife uses.
885 (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
886 least one member of the Wildlife Board.
887 (3) (a) The governor shall select each board member from a list of nominees submitted
888 by the nominating committee pursuant to Section 23-14-2.5.
889 (b) No more than two members shall be from a single wildlife region described in
890 Subsection 23-14-2.6(1).
891 (c) The governor may request an additional list of at least two nominees from the
892 nominating committee if the initial list of nominees for a given position is unacceptable.
893 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
894 the initial or additional list, the nominating committee shall make an interim appointment by
895 majority vote.
896 (ii) The interim board member shall serve until the matter is resolved by the committee
897 and the governor or until the board member is replaced pursuant to this chapter.
898 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
899 expire, the governor shall appoint each new member or reappointed member to a six-year term.
900 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
901 time of appointment or reappointment, adjust the length of terms to ensure that:
902 (i) the terms of board members are staggered so that approximately one-third of the
903 board is appointed every two years; and
904 (ii) members serving from the same region have staggered terms.
905 (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
906 in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a replacement for
907 the unexpired term.
908 (d) Board members may serve only one term unless:
909 (i) the member is among the first board members appointed to serve four years or less;
910 or
911 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
912 (5) (a) The board shall elect a chair and a vice chair from its membership.
913 (b) Four members of the board shall constitute a quorum.
914 (c) The director of the Division of Wildlife Resources shall act as secretary to the
915 board but is not a voting member of the board.
916 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
917 to expeditiously conduct its business.
918 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
919 emergency situations.
920 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
921 Resources or elsewhere as determined by the Wildlife Board.
922 (7) A member may not receive compensation or benefits for the member's service, but
923 may receive per diem and travel expenses in accordance with:
924 (a) Section 63A-3-106;
925 (b) Section 63A-3-107; and
926 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
927 63A-3-107.
928 (8) (a) The members of the Wildlife Board shall complete an orientation course to
929 assist them in the performance of the duties of their office.
930 (b) The Department of Natural Resources shall provide the course required under
931 Subsection (8)(a).
932 Section 20. Section 26-1-8 is amended to read:
933 26-1-8. Executive director -- Appointment -- Compensation.
934 The chief administrative officer of the department is the executive director who shall be
935 appointed by the governor with the advice and consent of the Senate. The executive director
936 shall serve at the pleasure of the governor. The governor shall establish the executive director's
937 salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
938 Compensation.
939 Section 21. Section 26-9f-103 is amended to read:
940 26-9f-103. Utah Digital Health Service Commission.
941 (1) There is created within the department the Utah Digital Health Service
942 Commission.
943 (2) The governor shall appoint 13 members to the commission with the advice and
944 consent of the Senate, as follows:
945 (a) a physician who is involved in digital health service;
946 (b) a representative of a health care system or a licensed health care facility as that term
947 is defined in Section 26-21-2;
948 (c) a representative of rural Utah, which may be a person nominated by an advisory
949 committee on rural health issues created pursuant to Section 26-1-20;
950 (d) a member of the public who is not involved with digital health service;
951 (e) a nurse who is involved in digital health service; and
952 (f) eight members who fall into one or more of the following categories:
953 (i) individuals who use digital health service in a public or private institution;
954 (ii) individuals who use digital health service in serving medically underserved
955 populations;
956 (iii) nonphysician health care providers involved in digital health service;
957 (iv) information technology professionals involved in digital health service;
958 (v) representatives of the health insurance industry;
959 (vi) telehealth digital health service consumer advocates; and
960 (vii) individuals who use digital health service in serving mental or behavioral health
961 populations.
962 (3) (a) The commission shall annually elect a chairperson from its membership. The
963 chairperson shall report to the executive director of the department.
964 (b) The commission shall hold meetings at least once every three months. Meetings
965 may be held from time to time on the call of the chair or a majority of the board members.
966 (c) Seven commission members are necessary to constitute a quorum at any meeting
967 and, if a quorum exists, the action of a majority of members present shall be the action of the
968 commission.
969 (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
970 appointed for a three-year term and eligible for two reappointments.
971 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
972 or reappointment, adjust the length of terms to ensure that the terms of commission members
973 are staggered so that approximately 1/3 of the commission is appointed each year.
974 (c) A commission member shall continue in office until the expiration of the member's
975 term and until a successor is appointed, which may not exceed 90 days after the formal
976 expiration of the term.
977 (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
978 of the scheduled meetings in a calendar year shall be disqualified from serving.
979 (e) When a vacancy occurs in membership for any reason, the replacement shall be
980 appointed for the unexpired term.
981 (5) A member may not receive compensation or benefits for the member's service, but,
982 at the executive director's discretion, may receive per diem and travel expenses in accordance
983 with:
984 (a) Section 63A-3-106;
985 (b) Section 63A-3-107; and
986 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
987 63A-3-107.
988 (6) The department shall provide informatics staff support to the commission.
989 (7) The funding of the commission shall be a separate line item to the department in
990 the annual appropriations act.
991 Section 22. Section 26-21-3 is amended to read:
992 26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
993 Meetings.
994 (1) The Health Facility Committee created by Section 26-1-7 consists of 15 members
995 appointed by the governor with the advice and consent of the Senate. The appointed members
996 shall be knowledgeable about health care facilities and issues. The membership of the
997 committee is:
998 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
999 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
1000 who is a graduate of a regularly chartered medical school;
1001 (b) one hospital administrator;
1002 (c) one hospital trustee;
1003 (d) one representative of a freestanding ambulatory surgical facility;
1004 (e) one representative of an ambulatory surgical facility that is affiliated with a
1005 hospital;
1006 (f) two representatives of the nursing care facility industry;
1007 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
1008 Practice Act;
1009 (h) one professional in the field of intellectual disabilities not affiliated with a nursing
1010 care facility;
1011 (i) one licensed architect or engineer with expertise in health care facilities;
1012 (j) two representatives of assisted living facilities licensed under this chapter;
1013 (k) two consumers, one of whom has an interest in or expertise in geriatric care; and
1014 (l) one representative from either a home health care provider or a hospice provider.
1015 (2) (a) Except as required by Subsection (2)(b), members shall be appointed for a term
1016 of four years.
1017 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1018 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1019 committee members are staggered so that approximately half of the committee is appointed
1020 every two years.
1021 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1022 appointed for the unexpired term by the governor, giving consideration to recommendations
1023 made by the committee, with the advice and consent of the Senate.
1024 (d) A member may not serve more than two consecutive full terms or 10 consecutive
1025 years, whichever is less. However, a member may continue to serve as a member until [
1026 member is replaced.
1027 (e) The committee shall annually elect from its membership a chair and vice chair.
1028 (f) The committee shall meet at least quarterly, or more frequently as determined by the
1029 chair or five members of the committee.
1030 (g) Eight members constitute a quorum. A vote of the majority of the members present
1031 constitutes action of the committee.
1032 Section 23. Section 26-33a-103 is amended to read:
1033 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
1034 (1) The Health Data Committee created by Section 26-1-7 shall be composed of 15
1035 members.
1036 (2) (a) One member shall be:
1037 (i) the commissioner of the Utah Insurance Department; or
1038 (ii) the commissioner's designee who shall have knowledge regarding the health care
1039 system and characteristics and use of health data.
1040 (b) Fourteen members shall be appointed by the governor with the advice and consent
1041 of the Senate in accordance with Subsection (3). No more than seven members of the
1042 committee appointed by the governor may be members of the same political party.
1043 (3) The members of the committee appointed under Subsection (2)(b) shall:
1044 (a) be knowledgeable regarding the health care system and the characteristics and use
1045 of health data;
1046 (b) be selected so that the committee at all times includes individuals who provide
1047 care;
1048 (c) include one person employed by or otherwise associated with a general acute
1049 hospital as defined by Section 26-21-2, who is knowledgeable about the collection, analysis,
1050 and use of health care data;
1051 (d) include two physicians, as defined in Section 58-67-102:
1052 (i) who are licensed to practice in this state;
1053 (ii) who actively practice medicine in this state;
1054 (iii) who are trained in or have experience with the collection, analysis, and use of
1055 health care data; and
1056 (iv) one of whom is selected by the Utah Medical Association;
1057 (e) include three persons:
1058 (i) who are:
1059 (A) employed by or otherwise associated with a business that supplies health care
1060 insurance to its employees; and
1061 (B) knowledgeable about the collection and use of health care data; and
1062 (ii) at least one of whom represents an employer employing 50 or fewer employees;
1063 (f) include three persons representing health insurers:
1064 (i) at least one of whom is employed by or associated with a third-party payor that is
1065 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
1066 Health Plans;
1067 (ii) at least one of whom is employed by or associated with a third party payer that is
1068 licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
1069 Plans; and
1070 (iii) who are trained in, or experienced with the collection, analysis, and use of health
1071 care data;
1072 (g) include two consumer representatives:
1073 (i) from organized consumer or employee associations; and
1074 (ii) knowledgeable about the collection and use of health care data;
1075 (h) include one person:
1076 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
1077 broad support of health care payers and health care providers; and
1078 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
1079 and
1080 (i) include two persons representing public health who are trained in, or experienced
1081 with the collection, use, and analysis of health care data.
1082 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
1083 expire, the governor shall appoint each new member or reappointed member to a four-year
1084 term.
1085 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1086 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1087 committee members are staggered so that approximately half of the committee is appointed
1088 every two years.
1089 (c) Members may serve after their terms expire until replaced.
1090 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
1091 appointed for the unexpired term.
1092 (6) Committee members shall annually elect a chair of the committee from among their
1093 membership. The chair shall report to the executive director.
1094 (7) The committee shall meet at least once during each calendar quarter. Meeting dates
1095 shall be set by the chair upon 10 working days notice to the other members, or upon written
1096 request by at least four committee members with at least 10 working days notice to other
1097 committee members.
1098 (8) Eight committee members constitute a quorum for the transaction of business.
1099 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
1100 committee.
1101 (9) A member may not receive compensation or benefits for the member's service, but
1102 may receive per diem and travel expenses in accordance with:
1103 (a) Section 63A-3-106;
1104 (b) Section 63A-3-107; and
1105 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1106 63A-3-107.
1107 (10) All meetings of the committee shall be open to the public, except that the
1108 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
1109 52-4-206 are met.
1110 Section 24. Section 26-39-200 is amended to read:
1111 26-39-200. Child Care Center Licensing Committee.
1112 (1) (a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be
1113 comprised of seven members appointed by the governor and approved by the Senate in
1114 accordance with this subsection.
1115 (b) The governor shall appoint three members who:
1116 (i) have at least five years of experience as an owner in or director of a for profit or
1117 not-for-profit center based child care; and
1118 (ii) hold an active license as a child care center from the department to provide center
1119 based child care.
1120 (c) (i) The governor shall appoint one member to represent each of the following:
1121 (A) a parent with a child in center based child care;
1122 (B) a child development expert from the state system of higher education;
1123 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
1124 (D) an architect licensed in the state.
1125 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
1126 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
1127 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
1128 reside in a county that is not a county of the first class.
1129 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
1130 a health care professional who specializes in pediatric health if:
1131 (i) the health care professional is licensed under:
1132 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
1133 practitioner; or
1134 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
1135 (ii) before appointing a health care professional under this Subsection (1)(e), the
1136 governor:
1137 (A) sends a notice to a professional physician organization in the state regarding the
1138 opening for the appointment described in Subsection (1)(c)(i)(C); and
1139 (B) receives no applications from a pediatrician who is licensed in the state for the
1140 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
1141 governor sends the notice described in Subsection (1)(e)(ii)(A).
1142 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
1143 governor shall appoint each new member or reappointed member to a four-year term ending
1144 June 30.
1145 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1146 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1147 members are staggered so that approximately half of the licensing committee is appointed
1148 every two years.
1149 (c) Upon the expiration of the term of a member of the licensing committee, the
1150 member shall continue to hold office until a successor is appointed and qualified.
1151 (d) A member may not serve more than two consecutive terms.
1152 (e) Members of the licensing committee shall annually select one member to serve as
1153 chair who shall establish the agenda for licensing committee meetings.
1154 (3) When a vacancy occurs in the membership for any reason, the governor, with the
1155 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
1156 (4) (a) The licensing committee shall meet at least every two months.
1157 (b) The director may call additional meetings:
1158 (i) at the director's discretion;
1159 (ii) upon the request of the chair; or
1160 (iii) upon the written request of three or more members.
1161 (5) Three members of the licensing committee constitute a quorum for the transaction
1162 of business.
1163 Section 25. Section 31A-2-102 is amended to read:
1164 31A-2-102. Appointment, general powers, and duties of commissioner -- Vacancy
1165 -- Compensation of commissioner.
1166 (1) The chief officer of the department is the insurance commissioner, who may
1167 exercise all powers given to, and shall perform all duties imposed on, the Insurance
1168 Department. [
1169 consent of the Senate. If the commissioner dies, resigns, or is removed, a successor may be
1170 appointed as specified in this subsection. If the Legislature is not then in session, the successor
1171 may serve as acting commissioner without advice and consent of the Senate until the Senate
1172 has an opportunity to advise and consent to the successor. The commissioner is subject to
1173 removal at the pleasure of the governor.
1174 (2) When the office of the commissioner is vacant, or when the commissioner is unable
1175 to perform the duties of the office, the governor shall fill the position as provided in Section
1176 67-1-1.5.
1177 (3) The governor shall establish the commissioner's salary within the salary range
1178 approved by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1179 Section 26. Section 31A-2-403 is amended to read:
1180 31A-2-403. Title and Escrow Commission created.
1181 (1) (a) Subject to Subsection (1)(b), there is created within the department the Title and
1182 Escrow Commission that is comprised of five members appointed by the governor with the
1183 advice and consent of the Senate as follows:
1184 (i) except as provided in Subsection (1)(c), two members shall be employees of a title
1185 insurer;
1186 (ii) two members shall:
1187 (A) be employees of a Utah agency title insurance producer;
1188 (B) be or have been licensed under the title insurance line of authority;
1189 (C) as of the day on which the member is appointed, be or have been licensed with the
1190 title examination or escrow subline of authority for at least five years; and
1191 (D) as of the day on which the member is appointed, not be from the same county as
1192 another member appointed under this Subsection (1)(a)(ii); and
1193 (iii) one member shall be a member of the general public from any county in the state.
1194 (b) No more than one commission member may be appointed from a single company
1195 or an affiliate or subsidiary of the company.
1196 (c) If the governor is unable to identify more than one individual who is an employee
1197 of a title insurer and willing to serve as a member of the commission, the commission shall
1198 include the following members in lieu of the members described in Subsection (1)(a)(i):
1199 (i) one member who is an employee of a title insurer; and
1200 (ii) one member who is an employee of a Utah agency title insurance producer.
1201 (2) (a) Subject to Subsection (2)(c), a commission member shall file with the
1202 commissioner a disclosure of any position of employment or ownership interest that the
1203 commission member has with respect to a person that is subject to the jurisdiction of the
1204 commissioner.
1205 (b) The disclosure statement required by this Subsection (2) shall be:
1206 (i) filed by no later than the day on which the person begins that person's appointment;
1207 and
1208 (ii) amended when a significant change occurs in any matter required to be disclosed
1209 under this Subsection (2).
1210 (c) A commission member is not required to disclose an ownership interest that the
1211 commission member has if the ownership interest is in a publicly traded company or held as
1212 part of a mutual fund, trust, or similar investment.
1213 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
1214 members expire, the governor shall appoint each new commission member to a four-year term
1215 ending on June 30.
1216 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1217 time of appointment, adjust the length of terms to ensure that the terms of the commission
1218 members are staggered so that approximately half of the members appointed under Subsection
1219 (1)(a)(i) and half of the members appointed under Subsection (1)(a)(ii) are appointed every two
1220 years.
1221 (c) A commission member may not serve more than one consecutive term.
1222 (d) When a vacancy occurs in the membership for any reason, the governor, with the
1223 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
1224 (e) Notwithstanding the other provisions of this Subsection (3), a commission member
1225 serves until a successor is appointed by the governor with the advice and consent of the Senate.
1226 (4) A commission member may not receive compensation or benefits for the
1227 commission member's service, but may receive per diem and travel expenses in accordance
1228 with:
1229 (a) Section 63A-3-106;
1230 (b) Section 63A-3-107; and
1231 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1232 63A-3-107.
1233 (5) Members of the commission shall annually select one commission member to serve
1234 as chair.
1235 (6) (a) (i) Except as provided in Subsection (6)(b), the commission shall meet at least
1236 monthly.
1237 (ii) (A) The commissioner shall, with the concurrence of the chair of the commission,
1238 designate at least one monthly meeting per quarter as an in-person meeting.
1239 (B) Notwithstanding Section 52-4-207, a commission member shall physically attend a
1240 meeting designated as an in-person meeting under Subsection (6)(a)(ii)(A) and may not attend
1241 through electronic means. A commission member may attend any other commission meeting,
1242 subcommittee meeting, or emergency meeting by electronic means in accordance with Section
1243 52-4-207.
1244 (b) (i) Except as provided in Subsection (6)(b)(ii), the commissioner may, with the
1245 concurrence of the chair of the commission, cancel a monthly meeting of the commission if,
1246 due to the number or nature of pending title insurance matters, the monthly meeting is not
1247 necessary.
1248 (ii) The commissioner may not cancel a monthly meeting designated as an in-person
1249 meeting under Subsection (6)(a)(ii)(A).
1250 (c) The commissioner may call additional meetings:
1251 (i) at the commissioner's discretion;
1252 (ii) upon the request of the chair of the commission; or
1253 (iii) upon the written request of three or more commission members.
1254 (d) (i) Three commission members constitute a quorum for the transaction of business.
1255 (ii) The action of a majority of the commission members when a quorum is present is
1256 the action of the commission.
1257 (7) The commissioner shall staff the commission.
1258 Section 27. Section 32B-2-201 is amended to read:
1259 32B-2-201. Alcoholic Beverage Control Commission created.
1260 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
1261 the governing board over the department.
1262 (2) (a) The commission is composed of seven part-time commissioners appointed by
1263 the governor with the advice and consent of the Senate.
1264 (b) No more than four commissioners may be of the same political party.
1265 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
1266 governor shall appoint each new commissioner or reappointed commissioner to a four-year
1267 term.
1268 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1269 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
1270 more than three commissioners expire in a fiscal year.
1271 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
1272 appoint a replacement for the unexpired term with the advice and consent of the Senate.
1273 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
1274 the commission after the expiration of a term until a successor is appointed by the governor,
1275 with the advice and consent of the Senate.
1276 (5) A commissioner shall take the oath of office.
1277 (6) (a) The governor may remove a commissioner from the commission for cause,
1278 neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
1279 (i) the governor; or
1280 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
1281 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
1282 shall provide the commissioner notice of:
1283 (i) the date, time, and place of the hearing; and
1284 (ii) the alleged grounds for the removal.
1285 (c) The commissioner shall have an opportunity to:
1286 (i) attend the hearing;
1287 (ii) present witnesses and other evidence; and
1288 (iii) confront and cross examine witnesses.
1289 (d) After a hearing under this Subsection (6):
1290 (i) the person conducting the hearing shall prepare written findings of fact and
1291 conclusions of law; and
1292 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
1293 commissioner.
1294 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
1295 examiner shall issue a written recommendation to the governor in addition to complying with
1296 Subsection (6)(d).
1297 (f) A commissioner has five days from the day on which the commissioner receives the
1298 findings and conclusions described in Subsection (6)(d) to file written objections to the
1299 recommendation before the governor issues a final order.
1300 (g) The governor shall:
1301 (i) issue the final order under this Subsection (6) in writing; and
1302 (ii) serve the final order upon the commissioner.
1303 (7) A commissioner may not receive compensation or benefits for the commissioner's
1304 service, but may receive per diem and travel expenses in accordance with:
1305 (a) Section 63A-3-106;
1306 (b) Section 63A-3-107; and
1307 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1308 63A-3-107.
1309 (8) (a) The governor shall annually appoint the chair of the commission. A
1310 commissioner serves as chair to the commission at the pleasure of the governor. If removed as
1311 chair, the commissioner continues to serve as a commissioner unless removed as a
1312 commissioner under Subsection (6).
1313 (b) The commission shall elect:
1314 (i) another commissioner to serve as vice chair; and
1315 (ii) other commission officers as the commission considers advisable.
1316 (c) A commissioner elected under Subsection (8)(b) shall serve in the office to which
1317 the commissioner is elected at the pleasure of the commission.
1318 (9) (a) Each commissioner has equal voting rights on a commission matter when in
1319 attendance at a commission meeting.
1320 (b) Four commissioners is a quorum for conducting commission business.
1321 (c) A majority vote of the quorum present at a meeting is required for the commission
1322 to act.
1323 (10) (a) The commission shall meet at least monthly, but may hold other meetings at
1324 times and places as scheduled by:
1325 (i) the commission;
1326 (ii) the chair; or
1327 (iii) three commissioners upon filing a written request for a meeting with the chair.
1328 (b) Notice of the time and place of a commission meeting shall be given to each
1329 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
1330 Meetings Act. A commission meeting is open to the public, except for a commission meeting
1331 or portion of a commission meeting that is closed by the commission as authorized by Sections
1332 52-4-204 and 52-4-205.
1333 Section 28. Section 32B-2-205 is amended to read:
1334 32B-2-205. Director of alcoholic beverage control.
1335 (1) (a) In accordance with Subsection (1)(b), the governor, with the advice and consent
1336 of the Senate, shall appoint a director of alcoholic beverage control to a four-year term. The
1337 director may be appointed to more than one four-year term. The director is the administrative
1338 head of the department.
1339 (b) (i) The governor shall appoint the director from nominations made by the
1340 commission.
1341 (ii) The commission shall submit the nomination of three individuals to the governor
1342 for appointment of the director.
1343 (iii) By no later than 30 calendar days from the day on which the governor receives the
1344 three nominations submitted by the commission, the governor may:
1345 (A) appoint the director; or
1346 (B) reject the three nominations.
1347 (iv) If the governor rejects the nominations or fails to take action within the 30-day
1348 period, the commission shall nominate three different individuals from which the governor may
1349 appoint the director or reject the nominations until such time as the governor appoints the
1350 director.
1351 (v) The governor may reappoint the director without seeking nominations from the
1352 commission. Reappointment of a director is subject to the advice and consent of the Senate.
1353 (c) If there is a vacancy in the position of director, during the nomination process
1354 described in Subsection (1)(b), the governor may appoint an interim director for a period of up
1355 to 30 calendar days. If a director is not appointed within the 30-day period, the interim director
1356 may continue to serve beyond the 30-day period subject to the advice and consent of the Senate
1357 at the next scheduled time for the Senate giving consent to appointments of the governor.
1358 Except that if the Senate does not act on the consent to the appointment of the interim director
1359 within 60 days of the end of the initial 30-day period, the interim director may continue as the
1360 interim director.
1361 (d) The director may be terminated by:
1362 (i) the commission by a vote of four commissioners; or
1363 (ii) the governor after consultation with the commission.
1364 (e) The director may not be a commissioner.
1365 (f) The director shall:
1366 (i) be qualified in administration;
1367 (ii) be knowledgeable by experience and training in the field of business management;
1368 and
1369 (iii) possess any other qualification prescribed by the commission.
1370 (2) The governor shall establish the director's compensation within the salary range
1371 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1372 (3) The director shall:
1373 (a) carry out the policies of the commission;
1374 (b) carry out the policies of the department;
1375 (c) fully inform the commission of the operations and administrative activities of the
1376 department; and
1377 (d) assist the commission in the proper discharge of the commission's duties.
1378 Section 29. Section 34-20-3 is amended to read:
1379 34-20-3. Labor relations board.
1380 (1) (a) There is created the Labor Relations Board consisting of the following:
1381 (i) the commissioner of the Labor Commission;
1382 (ii) two members appointed by the governor with the advice and consent of the Senate
1383 consisting of:
1384 (A) a representative of employers, in the appointment of whom the governor shall
1385 consider nominations from employer organizations; and
1386 (B) a representative of employees, in the appointment of whom the governor shall
1387 consider nominations from employee organizations.
1388 (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed
1389 under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed
1390 member to a four-year term.
1391 (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
1392 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1393 members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
1394 two years.
1395 (c) The commissioner shall serve as chair of the board.
1396 (d) A vacancy occurring on the board for any cause of the members appointed under
1397 Subsection (1)(a)(ii) shall be filled by the governor with the advice and consent of the Senate
1398 pursuant to this section for the unexpired term of the vacating member.
1399 (e) The governor may at any time remove a member appointed under Subsection
1400 (1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for
1401 cause upon a hearing.
1402 (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any
1403 other office in the government of the United States, this state or any other state, or of any
1404 county government or municipal corporation within a state.
1405 (g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or
1406 benefits for the member's service, but may receive per diem and travel expenses in accordance
1407 with:
1408 (i) Section 63A-3-106;
1409 (ii) Section 63A-3-107; and
1410 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1411 63A-3-107.
1412 (2) A meeting of the board may be called:
1413 (a) by the chair; or
1414 (b) jointly by the members appointed under Subsection (1)(a)(ii).
1415 (3) The chair may provide staff and administrative support as necessary from the Labor
1416 Commission.
1417 (4) A vacancy in the board does not impair the right of the remaining members to
1418 exercise all the powers of the board, and two members of the board shall at all times constitute
1419 a quorum.
1420 (5) The board shall have an official seal which shall be judicially noticed.
1421 Section 30. Section 34A-1-201 is amended to read:
1422 34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
1423 Qualifications -- Responsibilities -- Reports.
1424 (1) (a) The chief administrative officer of the commission is the commissioner, who
1425 shall be appointed by the governor with the advice and consent of the Senate.
1426 (b) The commissioner shall serve at the pleasure of the governor.
1427 (c) The commissioner shall receive a salary established by the governor within the
1428 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1429 (d) The commissioner shall be experienced in administration, management, and
1430 coordination of complex organizations.
1431 (2) (a) The commissioner shall serve full-time.
1432 (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
1433 (A) hold any other office of this state, another state, or the federal government except
1434 in an ex officio capacity; or
1435 (B) serve on any committee of any political party.
1436 (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
1437 (A) hold a nominal position or title if it is required by law as a condition for the state
1438 participating in an appropriation or allotment of any money, property, or service that may be
1439 made or allotted for the commission; or
1440 (B) serve as the chief administrative officer of any division, office, or bureau that is
1441 established within the commission.
1442 (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
1443 commissioner may not be paid any additional compensation for holding the position.
1444 (3) Before beginning the duties as a commissioner, an appointed commissioner shall
1445 take and subscribe the constitutional oath of office and file the oath with the Division of
1446 Archives.
1447 (4) The commissioner shall:
1448 (a) administer and supervise the commission in compliance with Title 67, Chapter 19,
1449 Utah State Personnel Management Act;
1450 (b) approve the proposed budget of each division and the Appeals Board;
1451 (c) approve all applications for federal grants or assistance in support of any
1452 commission program; and
1453 (d) fulfill such other duties as assigned by the Legislature or as assigned by the
1454 governor that are not inconsistent with this title or Title 34, Labor in General.
1455 (5) (a) The commissioner shall report annually to the Legislature and the governor
1456 concerning the operations of the commission and the programs that the commission
1457 administers.
1458 (b) If federal law requires that a report to the governor or Legislature be given
1459 concerning the commission or a program administered by the commission, the commissioner or
1460 the commissioner's designee shall make that report.
1461 Section 31. Section 34A-1-205 is amended to read:
1462 34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
1463 Qualifications.
1464 (1) There is created the Appeals Board within the commission consisting of three
1465 members. The board may call and preside at adjudicative proceedings to review an order or
1466 decision that is subject to review by the Appeals Board under this title.
1467 (2) (a) The governor shall appoint the members with the advice and consent of the
1468 Senate and in accordance with this section.
1469 (b) One member of the board shall be appointed to represent employers, in making this
1470 appointment, the governor shall consider nominations from employer organizations.
1471 (c) One member of the board shall be appointed to represent employees, in making this
1472 appointment, the governor shall consider nominations from employee organizations.
1473 (d) No more than two members may belong to the same political party.
1474 (e) The governor shall, at the time of appointment or reappointment, make
1475 appointments to the board so that at least two of the members of the board are members of the
1476 Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
1477 (3) (a) The term of a member shall be six years beginning on March 1 of the year the
1478 member is appointed, except that the governor shall, at the time of appointment or
1479 reappointment, adjust the length of terms to ensure that the terms of members are staggered so
1480 that one member is appointed every two years.
1481 (b) The governor may remove a member only for inefficiency, neglect of duty,
1482 malfeasance or misfeasance in office, or other good and sufficient cause.
1483 (c) A member shall hold office until a successor is appointed and has qualified.
1484 (4) A member shall be part-time and receive compensation as provided by Title 67,
1485 Chapter 19, Utah State Personnel Management Act.
1486 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
1487 and administrative head of the board.
1488 (b) The governor shall appoint and may remove at will the chair from the position of
1489 chair.
1490 (6) A majority of the board shall constitute a quorum to transact business.
1491 (7) (a) The commission shall provide the Appeals Board necessary staff support,
1492 except as provided in Subsection (7)(b).
1493 (b) At the request of the Appeals Board, the attorney general shall act as an impartial
1494 aid to the Appeals Board in outlining the facts and the issues.
1495 Section 32. Section 35A-1-201 is amended to read:
1496 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
1497 Qualifications -- Responsibilities -- Deputy directors.
1498 (1) (a) The chief administrative officer of the department is the executive director, who
1499 is appointed by the governor with the advice and consent of the Senate.
1500 (b) The executive director serves at the pleasure of the governor.
1501 (c) The executive director shall receive a salary established by the governor within the
1502 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1503 (d) The executive director shall be experienced in administration, management, and
1504 coordination of complex organizations.
1505 (2) The executive director shall:
1506 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
1507 Utah State Personnel Management Act;
1508 (b) supervise and coordinate between the economic service areas and directors created
1509 under Chapter 2, Economic Service Areas;
1510 (c) coordinate policies and program activities conducted through the divisions and
1511 economic service areas of the department;
1512 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
1513 each economic service area within the department;
1514 (e) approve all applications for federal grants or assistance in support of any
1515 department program;
1516 (f) coordinate with the executive directors of the Governor's Office of Economic
1517 Development and the Governor's Office of Management and Budget to review data and metrics
1518 to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
1519 (g) fulfill such other duties as assigned by the Legislature or as assigned by the
1520 governor that are not inconsistent with this title.
1521 (3) The executive director may appoint deputy or assistant directors to assist the
1522 executive director in carrying out the department's responsibilities.
1523 (4) The executive director shall at least annually provide for the sharing of information
1524 between the advisory councils established under this title.
1525 Section 33. Section 35A-8-304 is amended to read:
1526 35A-8-304. Permanent Community Impact Fund Board created -- Members --
1527 Terms -- Chair -- Expenses.
1528 (1) There is created within the department the Permanent Community Impact Fund
1529 Board composed of 11 members as follows:
1530 (a) the chair of the Board of Water Resources or the chair's designee;
1531 (b) the chair of the Water Quality Board or the chair's designee;
1532 (c) the director of the department or the director's designee;
1533 (d) the state treasurer;
1534 (e) the chair of the Transportation Commission or the chair's designee;
1535 (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
1536 (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
1537 Wayne County;
1538 (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
1539 (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
1540 County; and
1541 (j) a locally elected official from each of the two counties that produced the most
1542 mineral lease money during the previous four-year period, prior to the term of appointment, as
1543 determined by the department.
1544 (2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
1545 the same county and shall be:
1546 (i) nominated by the Board of Directors of the Southeastern Association of Local
1547 Governments, the Six County Association of Governments, the Uintah Basin Association of
1548 Governments, and the Five County Association of Governments, respectively, except that a
1549 member under Subsection (1)(j) shall be nominated by the Board of Directors of the
1550 Association of Governments from the region of the state in which the county is located; and
1551 (ii) appointed by the governor with the advice and consent of the Senate.
1552 (b) Except as required by Subsection (2)(c), as terms of current board members expire,
1553 the governor shall appoint each new member or reappointed member to a four-year term.
1554 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
1555 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1556 board members are staggered so that approximately half of the board is appointed every two
1557 years.
1558 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1559 appointed for the unexpired term.
1560 (3) The terms of office for the members of the impact board specified under
1561 Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
1562 councils, boards, committees, commission, departments, or offices from which the members
1563 come.
1564 (4) The executive director of the department, or the executive director's designee, is the
1565 chair of the impact board.
1566 (5) A member may not receive compensation or benefits for the member's service, but
1567 may receive per diem and travel expenses in accordance with:
1568 (a) Section 63A-3-106;
1569 (b) Section 63A-3-107; and
1570 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1571 63A-3-107.
1572 Section 34. Section 35A-8-2103 is amended to read:
1573 35A-8-2103. Private Activity Bond Review Board.
1574 (1) There is created within the department the Private Activity Bond Review Board,
1575 composed of the following 11 members:
1576 (a) (i) the executive director of the department or the executive director's designee;
1577 (ii) the executive director of the Governor's Office of Economic Development or the
1578 executive director's designee;
1579 (iii) the state treasurer or the state treasurer's designee;
1580 (iv) the chair of the Board of Regents or the chair's designee; and
1581 (v) the chair of the Utah Housing Corporation or the chair's designee; and
1582 (b) six local government members who are:
1583 (i) three elected or appointed county officials, nominated by the Utah Association of
1584 Counties and appointed by the governor with the advice and consent of the Senate; and
1585 (ii) three elected or appointed municipal officials, nominated by the Utah League of
1586 Cities and Towns and appointed by the governor with the advice and consent of the Senate.
1587 (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
1588 government members of the board of review shall be four-year terms.
1589 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1590 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1591 board of review members are staggered so that approximately half of the board of review is
1592 appointed every two years.
1593 (c) Members may be reappointed only once.
1594 (3) (a) If a local government member ceases to be an elected or appointed official of
1595 the city or county the member is appointed to represent, that membership on the board of
1596 review terminates immediately and there shall be a vacancy in the membership.
1597 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
1598 appointed within 30 days in the manner of the regular appointment for the unexpired term.
1599 (4) (a) The chair of the board of review is the executive director of the department or
1600 the executive director's designee.
1601 (b) The chair is nonvoting except in the case of a tie vote.
1602 (5) Six members of the board of review constitute a quorum.
1603 (6) Formal action by the board of review requires a majority vote of a quorum.
1604 (7) A member may not receive compensation or benefits for the member's service, but
1605 may receive per diem and travel expenses in accordance with:
1606 (a) Section 63A-3-106;
1607 (b) Section 63A-3-107; and
1608 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1609 (8) The chair of the board of review serves as the state official designated under state
1610 law to make certifications required to be made under Section 146 of the code including the
1611 certification required by Section 149(e)(2)(F) of the code.
1612 Section 35. Section 40-6-4 is amended to read:
1613 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
1614 members -- Terms -- Chair -- Quorum -- Expenses.
1615 (1) (a) There is created within the Department of Natural Resources the Board of Oil,
1616 Gas, and Mining.
1617 (b) The board shall be the policy making body for the Division of Oil, Gas, and
1618 Mining.
1619 (2) (a) The board shall consist of seven members appointed by the governor with the
1620 advice and consent of the Senate.
1621 (b) No more than four members shall be from the same political party.
1622 (c) In accordance with the requirements of Section 79-2-203, the members appointed
1623 under Subsection (2)(a) shall include the following:
1624 (i) two members who are knowledgeable in mining matters;
1625 (ii) two members who are knowledgeable in oil and gas matters;
1626 (iii) one member who is knowledgeable in ecological and environmental matters;
1627 (iv) one member who:
1628 (A) is a private land owner;
1629 (B) owns a mineral or royalty interest; and
1630 (C) is knowledgeable in mineral or royalty interests; and
1631 (v) one member who is knowledgeable in geological matters.
1632 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
1633 expire, the governor shall appoint each new member or reappointed member to a four-year
1634 term.
1635 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1636 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1637 board members are staggered so that approximately half of the board is appointed every two
1638 years.
1639 (c) A member shall hold office until the expiration of the member's term and until the
1640 member's successor is appointed, but not more than 90 days after the expiration of the
1641 member's term.
1642 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1643 be appointed for the unexpired term by the governor with the advice and consent of the Senate.
1644 (b) The person appointed shall have the same qualifications as the person's
1645 predecessor.
1646 (5) (a) The board shall appoint its chair from the membership.
1647 (b) Four members of the board shall constitute a quorum for the transaction of business
1648 and the holding of hearings.
1649 (6) A member may not receive compensation or benefits for the member's service, but
1650 may receive per diem and travel expenses in accordance with:
1651 (a) Section 63A-3-106;
1652 (b) Section 63A-3-107; and
1653 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1654 63A-3-107.
1655 Section 36. Section 49-11-202 is amended to read:
1656 49-11-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
1657 Officers -- Expenses and per diem.
1658 (1) There is established the Utah State Retirement Board composed of seven board
1659 members determined as follows:
1660 (a) Four board members, with experience in investments or banking, shall be appointed
1661 by the governor from the general public.
1662 (b) One board member shall be a school employee appointed by the governor from at
1663 least three nominations submitted by the governing board of the school employees' association
1664 that is representative of a majority of the school employees who are members of a system
1665 administered by the board.
1666 (c) One board member shall be a public employee appointed by the governor from at
1667 least three nominations submitted by the governing board of the public employee association
1668 that is representative of a majority of the public employees who are members of a system
1669 administered by the board.
1670 (d) One board member shall be the state treasurer.
1671 (2) Four board members constitute a quorum for the transaction of business.
1672 (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the
1673 advice and consent of the Senate.
1674 (b) Board members shall serve until their successors are appointed and take the
1675 constitutional oath of office.
1676 (c) When a vacancy occurs on the board for any reason, the replacement shall be
1677 appointed for the unexpired term.
1678 (4) (a) Except as required by Subsection (4)(b), all appointed board members shall
1679 serve for four-year terms.
1680 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1681 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1682 board members are staggered so that:
1683 (i) approximately half of the board is appointed every two years; and
1684 (ii) no more than two of the board members appointed under Subsection (1)(a) are
1685 appointed every two years.
1686 (c) A board member who is appointed as a school employee or as a public employee
1687 who retires or who is no longer employed with a participating employer shall immediately
1688 resign from the board.
1689 (5) (a) Each year the board shall elect a president and vice president from its
1690 membership.
1691 (b) A board member may not receive compensation or benefits for the board member's
1692 service, but may receive per diem and travel expenses in accordance with:
1693 (i) Section 63A-3-106;
1694 (ii) Section 63A-3-107; and
1695 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1696 63A-3-107.
1697 Section 37. Section 51-7-16 is amended to read:
1698 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
1699 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
1700 of interests -- Per diem and expenses.
1701 (1) (a) There is created a State Money Management Council composed of five
1702 members appointed by the governor after consultation with the state treasurer and with the
1703 advice and consent of the Senate.
1704 (b) The members of the council shall be qualified by training and experience in the
1705 field of investment or finance as follows:
1706 (i) at least one member, but not more than two members, shall be experienced in the
1707 banking business;
1708 (ii) at least one member, but not more than two members, shall be an elected treasurer;
1709 (iii) at least one member, but not more than two members, shall be an appointed public
1710 treasurer; and
1711 (iv) two members, but not more than two members, shall be experienced in the field of
1712 investment.
1713 (c) No more than three members of the council may be from the same political party.
1714 (2) (a) Except as required by Subsection (2)(b), the council members shall be appointed
1715 for terms of four years.
1716 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1717 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1718 council members are staggered so that approximately half of the council is appointed every two
1719 years.
1720 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1721 appointed for the unexpired term.
1722 (d) All members shall serve until their successors are appointed and qualified.
1723 (3) (a) The council members shall elect a chair and vice chair.
1724 (b) The state treasurer shall serve as executive secretary of the council without vote.
1725 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
1726 the council and at other times at the call of the chair, the state treasurer, or any two members of
1727 the council.
1728 (b) Three members are a quorum for the transaction of business.
1729 (c) Actions of the council require a vote of a majority of those present.
1730 (d) All meetings of the council and records of its proceedings are open for inspection
1731 by the public at the state treasurer's office during regular business hours except for:
1732 (i) reports of the commissioner of financial institutions concerning the identity,
1733 liquidity, or financial condition of qualified depositories and the amount of public funds each is
1734 eligible to hold; and
1735 (ii) reports of the director concerning the identity, liquidity, or financial condition of
1736 certified dealers.
1737 (5) (a) Each member of the council shall file a sworn or written statement with the
1738 lieutenant governor that discloses any position or employment or ownership interest that [
1739 the member has in any financial institution or investment organization.
1740 (b) Each member shall file the statement required by this Subsection (5) when [
1741 member becomes a member of the council and when substantial changes in [
1742 position, employment, or ownership interests occur.
1743 (6) A member may not receive compensation or benefits for the member's service, but
1744 may receive per diem and travel expenses in accordance with:
1745 (a) Section 63A-3-106;
1746 (b) Section 63A-3-107; and
1747 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1748 63A-3-107.
1749 Section 38. Section 51-10-206 is amended to read:
1750 51-10-206. Diné Advisory Committee.
1751 (1) There is created the Diné Advisory Committee.
1752 (2) (a) The governor, with the advice and consent of the Senate, shall appoint nine
1753 members to the Diné Advisory Committee.
1754 (b) In making an appointment under Subsection (2)(a), the governor shall ensure that
1755 the Diné Advisory Committee includes:
1756 (i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
1757 San Juan County, Utah;
1758 (ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
1759 Utah;
1760 (iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
1761 resides in San Juan County, Utah;
1762 (iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
1763 resides in San Juan County, Utah;
1764 (v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
1765 of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
1766 is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
1767 Nation;
1768 (vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
1769 in San Juan County, Utah; and
1770 (vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
1771 resides in San Juan County, Utah.
1772 (3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
1773 Dennehotso chapters, shall submit to the governor the names of two nominees to the Diné
1774 Advisory Committee chosen by the chapter.
1775 (ii) The governor shall appoint one of the two persons whose names are submitted
1776 under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory Committee.
1777 (b) (i) The Blue Mountain Diné shall submit to the governor the names of two
1778 nominees to the Diné Advisory Committee.
1779 (ii) The governor shall appoint one of the two persons whose names are submitted
1780 under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory
1781 Committee.
1782 (c) (i) The Aneth Chapter shall submit to the governor the names of two nominees for
1783 each of the two positions to the Diné Advisory Committee representing the Aneth chapter.
1784 (ii) The governor shall appoint two of the persons whose names are submitted under
1785 Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné Advisory Committee.
1786 (d) (i) Subject to Subsection (3)(d)(ii), the Oljato Chapter shall submit to the governor
1787 the names of two nominees for each of the two positions to the Diné Advisory Committee
1788 representing the Oljato Chapter and the Dennehotso Chapter.
1789 (ii) The Dennehotso Chapter may submit one nominee for purposes of the governor
1790 appointing a representative of the Oljato Chapter and the Dennehotso Chapter.
1791 (iii) The governor shall appoint two of the persons whose names are submitted under
1792 Subsection (3)(d)(i) or (ii) to be the representatives on the Diné Advisory Committee of the
1793 Oljato Chapter and the Dennehotso Chapter.
1794 (e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
1795 Mountain Diné shall ensure that the individual's whose name is submitted:
1796 (i) is an enrolled member of the Navajo Nation;
1797 (ii) resides in San Juan County, Utah;
1798 (iii) is 21 years of age or older;
1799 (iv) is not an officer of the chapter;
1800 (v) has not been convicted of a felony; and
1801 (vi) is not currently, or within the last 12 months has not been, an officer, director,
1802 employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
1803 expenditure of:
1804 (A) the Division of Indian Affairs; or
1805 (B) the fund.
1806 (4) If both members appointed under Subsection (2)(b)(v) are registered members of
1807 the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
1808 (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
1809 by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
1810 Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
1811 (i) the Division of Indian Affairs;
1812 (ii) the fund; or
1813 (iii) the Division of Indian Affairs or fund as an officer, director, employee, or
1814 contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
1815 of:
1816 (A) the Division of Indian Affairs; or
1817 (B) the fund.
1818 (b) A member of the Diné Advisory Committee may receive a benefit from an
1819 expenditure of the fund if:
1820 (i) when the benefit is discussed by the Diné Advisory Committee:
1821 (A) the member discloses that the member may receive the benefit;
1822 (B) the member physically leaves the room in which the Diné Advisory Committee is
1823 discussing the benefit; and
1824 (C) the Diné Advisory Committee approves the member receiving the benefit by a
1825 unanimous vote of the members present at the meeting discussing the benefit;
1826 (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
1827 (iii) the member is in compliance with the ethics and conflict of interest policy required
1828 under Subsection 51-10-204(2)(c);
1829 (iv) (A) the expenditure from the fund is made in accordance with this chapter; and
1830 (B) the benefit is no greater than the benefit available to members of the Navajo Nation
1831 residing in San Juan County, Utah; and
1832 (v) the member is not receiving the benefit as an officer, director, employee, or
1833 contractor of a service provider.
1834 (6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
1835 members expire, the governor shall appoint each new member or reappointed member to a
1836 four-year term.
1837 (ii) The governor shall, at the time of appointment or reappointment, adjust the length
1838 of terms to ensure that the terms of committee members are staggered so that approximately
1839 half of the Diné Advisory Committee is appointed every two years.
1840 (iii) The terms of the Aneth Chapter's representatives appointed under Subsection
1841 (3)(c)(ii) shall be staggered in accordance with this Subsection (6) so that only one position is
1842 appointed by the governor in a year.
1843 (iv) The terms of the Oljato Chapter's and the Dennehotso Chapter's representatives
1844 appointed under Subsection (3)(d) shall be staggered in accordance with this Subsection (6) so
1845 that only one position is appointed by the governor in a year.
1846 (b) Except as provided in Subsection (6)(c), a committee member shall serve until the
1847 committee member's successor is appointed and qualified.
1848 (c) If a committee member is absent from three consecutive committee meetings, or if
1849 the committee member violates the ethical or conflict of interest policies established by statute
1850 or the Diné Advisory Committee:
1851 (i) the committee member's appointment is terminated;
1852 (ii) the position is vacant; and
1853 (iii) the governor shall appoint a replacement.
1854 (d) When a vacancy occurs in the membership for any reason, the governor shall
1855 appoint a replacement for the unexpired term according to the procedures of this section.
1856 (e) The governor may appoint an individual to more than one term on the Diné
1857 Advisory Committee.
1858 (7) (a) The committee members shall select a chair and vice chair from committee
1859 membership each two years subsequent to the appointment of new committee members.
1860 (b) Five members of the Diné Advisory Committee is a quorum for the transaction of
1861 business.
1862 (c) The Diné Advisory Committee shall:
1863 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
1864 (ii) ensure that its meetings are held at or near:
1865 (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
1866 (B) other places in Utah that the Diné Advisory Committee considers practical and
1867 appropriate; and
1868 (iii) ensure that its meetings are public hearings at which a resident of San Juan
1869 County, Utah, may appear and speak.
1870 (8) A committee member may not receive compensation or benefits for the committee
1871 member's service, but may receive per diem and travel expenses in accordance with policy
1872 adopted by the board.
1873 (9) The trust administrator shall staff the Diné Advisory Committee.
1874 (10) The Diné Advisory Committee shall advise the trust administrator about the
1875 expenditure of fund money.
1876 Section 39. Section 53-1-107 is amended to read:
1877 53-1-107. Commissioner of public safety -- Appointment -- Qualifications --
1878 Salary.
1879 (1) The chief executive officer of the department is the commissioner.
1880 (2) (a) Every fourth year after the year 1989, the governor shall appoint a commissioner
1881 with the advice and consent of the Senate.
1882 (b) The commissioner shall serve for a period of four years from July 1 of the year of
1883 [
1884 (3) The commissioner shall:
1885 (a) be an individual of recognized executive and administrative capacity;
1886 (b) be selected solely with regard to [
1887 to discharge the duties of the commissioner's office;
1888 (c) be of high moral character;
1889 (d) be of good standing in the community in which [
1890 (e) have been a resident of this state for a period of at least five years immediately prior
1891 to [
1892 (4) The commissioner shall devote full time to the duties of the office.
1893 (5) The governor shall establish the commissioner's salary within the salary range fixed
1894 by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1895 Section 40. Section 53-2a-1103 is amended to read:
1896 53-2a-1103. Search and Rescue Advisory Board -- Members -- Compensation.
1897 (1) There is created the Search and Rescue Advisory Board consisting of seven
1898 members appointed as follows:
1899 (a) two representatives designated by the Utah Sheriff's Association, who are members
1900 of a voluntary search and rescue unit operating in the state, one of whom is from a county
1901 having a population of 75,000 or more; and one from a county having a population of less than
1902 75,000;
1903 (b) three sheriffs designated by the Utah Sheriff's Association, at least one of whom
1904 shall be from a county having a population of 75,000 or more, and at least one of whom shall
1905 be from a county having a population of less than 75,000;
1906 (c) one representative of the Division of Emergency Management designated by the
1907 director; and
1908 (d) one private citizen appointed by the governor with the advice and consent of the
1909 Senate.
1910 (2) (a) The term of each member of the board is four years.
1911 (b) A member may be reappointed to successive terms.
1912 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1913 appointed for the unexpired term.
1914 (d) In order to stagger the terms of membership, the members appointed or reappointed
1915 to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two
1916 years, and all subsequent terms shall be four years.
1917 (3) A member may not receive compensation or benefits for the member's service, but
1918 may receive per diem and travel expenses in accordance with:
1919 (a) Section 63A-3-106;
1920 (b) Section 63A-3-107; and
1921 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1922 63A-3-107.
1923 Section 41. Section 53B-1-104 is amended to read:
1924 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
1925 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
1926 (1) Except as provided in Subsection (2), the board consists of 17 residents of the state
1927 appointed by the governor with the advice and consent of the Senate, as follows:
1928 (a) eight at-large members;
1929 (b) eight members, each of whom is:
1930 (i) selected from three nominees presented to the governor by a higher education
1931 institution board of trustees; and
1932 (ii) a current or former member of the institution of higher education board of trustees
1933 that nominates the member; and
1934 (c) one member, selected from three nominees presented to the governor by the student
1935 body presidents of the institutions of higher education, who:
1936 (i) is a fully matriculated student enrolled in an institution of higher education; and
1937 (ii) is not serving as a student body president at the time of the nomination.
1938 (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
1939 the board, even if the individual does not fulfill a requirement for the composition of the board
1940 described in Subsection (1).
1941 (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
1942 member's term expires.
1943 (b) An individual appointed to the board on or before May 8, 2017, who is a current or
1944 former member of an institution of higher education board of trustees is the board member for
1945 the institution of higher education described in Subsection (1)(b).
1946 (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
1947 governor shall ensure that newly appointed members move the board toward the composition
1948 described in Subsection (1).
1949 (ii) In appointing a new member to the board, the governor shall first appoint a member
1950 described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
1951 (3) (a) All appointments to the board shall be made on a nonpartisan basis.
1952 (b) In making appointments to the board, the governor shall consider:
1953 (i) geographic representation of members;
1954 (ii) diversity;
1955 (iii) experience in higher education governance;
1956 (iv) experience in economic development; and
1957 (v) exposure to institutions of higher education.
1958 (c) An individual may not serve simultaneously on the State Board of Regents and an
1959 institution of higher education board of trustees.
1960 (4) (a) Except as provided in Subsection (4)(b), members of the board shall be
1961 appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
1962 (b) A student member described in Subsection (1)(c) shall be appointed to a one-year
1963 term.
1964 (c) (i) The governor may remove a member of the board for cause.
1965 (ii) The governor shall consult with the president of the Senate before removing a
1966 member of the board.
1967 (5) (a) A member of the board shall take the official oath of office before entering upon
1968 the duties of office.
1969 (b) The oath shall be filed with the Division of Archives and Records Services.
1970 (6) The board shall elect a chair and vice chair from among the board's members who
1971 shall serve terms of two years and until their successors are chosen and qualified.
1972 (7) (a) The board shall appoint a secretary from the staff of the board's chief executive
1973 to serve at the board's discretion.
1974 (b) The secretary is a full-time employee who receives a salary set by the board.
1975 (c) The secretary shall record and maintain a record of all board meetings and perform
1976 other duties as the board directs.
1977 (8) (a) The board may establish advisory committees.
1978 (b) The powers and authority of the board are nondelegable, except as specifically
1979 provided for in this title.
1980 (c) All matters requiring board determination shall be addressed in a properly convened
1981 meeting of the board or the board's executive committee.
1982 (9) The board shall enact bylaws for the board's own government not inconsistent with
1983 the constitution or the laws of this state.
1984 (10) (a) The board shall meet regularly upon the board's own determination.
1985 (b) The board may also meet, in full or executive session, at the request of the chair,
1986 the executive officer, or five members of the board.
1987 (11) A quorum of the voting members of the board is required to conduct the board's
1988 business and consists of nine members.
1989 (12) (a) A vacancy in the board occurring before the expiration of a voting member's
1990 full term shall be immediately filled by appointment by the governor with the advice and
1991 consent of the Senate.
1992 (b) An individual appointed under Subsection (12)(a) serves for the remainder of the
1993 unexpired term.
1994 (13) A board member may not receive compensation or benefits for the member's
1995 service, but may receive per diem and travel expenses in accordance with:
1996 (a) Section 63A-3-106;
1997 (b) Section 63A-3-107; and
1998 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1999 63A-3-107.
2000 Section 42. Section 53B-1-105 is amended to read:
2001 53B-1-105. Appointment of commissioner of higher education -- Qualifications --
2002 Duties.
2003 (1) (a) The board, upon approval from the governor and with the advice and consent of
2004 the Senate for each appointee nominated on or after May 8, 2012, shall appoint a commissioner
2005 of higher education to serve at its pleasure as its chief executive officer.
2006 (b) The commissioner may be terminated by:
2007 (i) the board; or
2008 (ii) the governor, after consultation with the board.
2009 (c) The board shall:
2010 (i) set the salary of the commissioner;
2011 (ii) prescribe the duties and functions of the commissioner; and
2012 (iii) select a commissioner on the basis of outstanding professional qualifications.
2013 (2) The commissioner is responsible to the board to:
2014 (a) ensure that the policies and programs of the board are properly executed;
2015 (b) furnish information about the state system of higher education and make
2016 recommendations regarding that information to the board;
2017 (c) provide state-level leadership in any activity affecting an institution in the state
2018 system of higher education; and
2019 (d) perform other duties assigned by the board in carrying out its duties and
2020 responsibilities.
2021 Section 43. Section 53B-2-104 is amended to read:
2022 53B-2-104. Institution of higher education board of trustees -- Membership --
2023 Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
2024 Compensation.
2025 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
2026 higher education consists of the following:
2027 (i) except as provided in Subsection (1)(c), eight individuals appointed by the governor
2028 with the advice and consent of the Senate; and
2029 (ii) two ex officio members who are the president of the institution's alumni
2030 association, and the president of the associated students of the institution.
2031 (b) The appointed members of the boards of trustees for Utah Valley University and
2032 Salt Lake Community College shall be representative of the interests of business, industry, and
2033 labor.
2034 (c) (i) The board of trustees of Utah State University has nine individuals appointed by
2035 the governor with the advice and consent of the Senate.
2036 (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the
2037 Utah State University Eastern service region or the Utah State University Blanding service
2038 region.
2039 (2) (a) The governor shall appoint four members of each board of trustees during each
2040 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
2041 (b) Except as provided in Subsection (2)(d), a member appointed under Subsection
2042 (1)(a)(i) or (1)(c)(i) holds office until a successor is appointed and qualified.
2043 (c) The ex officio members serve for the same period as they serve as presidents and
2044 until their successors have qualified.
2045 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) or
2046 (1)(c)(i) for cause.
2047 (ii) The governor shall consult with the president of the Senate before removing a
2048 member appointed under Subsection (1)(a)(i) or (1)(c)(i).
2049 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
2050 replacement shall be appointed for the unexpired term.
2051 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
2052 assuming the office.
2053 (b) The oath shall be filed with the Division of Archives and Records Services.
2054 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
2055 until their successors are elected and qualified.
2056 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
2057 including provisions for regular meetings.
2058 (b) (i) A board of trustees may provide for an executive committee in the board of
2059 trustees' bylaws.
2060 (ii) If established, an executive committee shall have full authority of the board of
2061 trustees to act upon routine matters during the interim between board of trustees meetings.
2062 (iii) An executive committee may act on nonroutine matters only under extraordinary
2063 and emergency circumstances.
2064 (iv) An executive committee shall report the executive committee's activities to the
2065 board of trustees at the board of trustees' next regular meeting following the action.
2066 (c) Copies of a board of trustees' bylaws shall be filed with the board.
2067 (7) A quorum is required to conduct business and consists of six members.
2068 (8) A board of trustees may establish advisory committees.
2069 (9) A member may not receive compensation or benefits for the member's service, but
2070 may receive per diem and travel expenses in accordance with:
2071 (a) Section 63A-3-106;
2072 (b) Section 63A-3-107; and
2073 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2074 63A-3-107.
2075 (10) This section does not apply to a technical college board of directors described in
2076 Section 53B-2a-108.
2077 Section 44. Section 53B-2a-103 is amended to read:
2078 53B-2a-103. UTech Board of Trustees -- Membership -- Terms -- Vacancies --
2079 Oath -- Officers -- Quorum -- Committees -- Compensation.
2080 (1) There is created the UTech Board of Trustees.
2081 (2) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
2082 appointed by the governor with the advice and consent of the Senate, as follows:
2083 (i) one member selected from at least two nominees presented to the governor by the
2084 board of directors of each technical college, for a total of eight members; and
2085 (ii) one member who is employed in and represents each of the following sectors:
2086 (A) information technology;
2087 (B) manufacturing;
2088 (C) life sciences;
2089 (D) health care;
2090 (E) transportation;
2091 (F) union craft, trade, or apprenticeship; and
2092 (G) non-union craft, trade, or apprenticeship.
2093 (b) The seven members described in Subsection (2)(a)(ii) shall be selected from the
2094 state at large, subject to the following conditions:
2095 (i) at least four members shall reside in a geographic area served by a technical college;
2096 and
2097 (ii) no more than two members may reside in a single geographic area served by a
2098 technical college.
2099 (c) The governor shall make appointments to the board of trustees on a nonpartisan
2100 basis.
2101 (d) An individual may not serve on the board of trustees and a technical college board
2102 of directors simultaneously.
2103 (3) (a) (i) Except as provided under Subsection (3)(a)(ii), a member shall be appointed
2104 commencing on July 1 of each odd-numbered year to a four-year term.
2105 (ii) The governor shall ensure that member terms are staggered so that approximately
2106 one-half of the members' terms expire in any odd-numbered year.
2107 (b) A member may not hold office for more than two consecutive full terms.
2108 (c) (i) The governor may remove a member of the board of trustees for cause.
2109 (ii) The governor shall consult with the president of the Senate before removing a
2110 member of the board of trustees.
2111 (4) When a vacancy occurs on the board of trustees for any reason, the governor shall
2112 appoint a replacement for the unexpired term.
2113 (5) (a) Each member shall take the official oath of office prior to assuming the office.
2114 (b) The oath shall be filed with the Division of Archives and Records Services.
2115 (6) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
2116 and until their successors are elected and qualified.
2117 (b) A member may not serve more than two consecutive terms as the chair or vice
2118 chair.
2119 (7) (a) The board of trustees shall enact bylaws for the board of trustees' own
2120 government, including provisions for regular meetings.
2121 (b) (i) The board of trustees shall provide for an executive committee in the board of
2122 trustees' bylaws.
2123 (ii) The executive committee shall have full authority of the board of trustees to act
2124 upon routine matters during the interim between board of trustees meetings.
2125 (iii) The executive committee may act on nonroutine matters only under extraordinary
2126 and emergency circumstances.
2127 (iv) The executive committee shall report the executive committee's activities to the
2128 board of trustees at the board of trustees' next regular meeting following the executive
2129 committee's activities.
2130 (8) A quorum shall be required to conduct business which shall consist of a majority of
2131 board of trustee members.
2132 (9) The board of trustees may establish advisory committees.
2133 (10) A member may not receive compensation or benefits for the member's service, but
2134 may receive per diem and travel expenses in accordance with:
2135 (a) Section 63A-3-106;
2136 (b) Section 63A-3-107; and
2137 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2138 63A-3-107.
2139 Section 45. Section 53B-2a-108 is amended to read:
2140 53B-2a-108. Technical college boards of directors -- Membership --
2141 Appointments.
2142 (1) As used in this section:
2143 (a) "Higher education institution" means the same as that term is defined in Section
2144 53B-2a-112.
2145 (b) "Technical college service area" means the geographic area served by each
2146 technical college as described in Section 53B-2a-105.
2147 (2) A technical college board of directors consists of:
2148 (a) one member of the local school board for each school district in the technical
2149 college service area, appointed by the local school board to which the member belongs;
2150 (b) except as provided in Subsection (3)(b), one individual who is a member of the
2151 higher education institution board of trustees, appointed by the higher education institution
2152 board of trustees; and
2153 (c) a number of individuals, appointed by the governor with the advice and consent of
2154 the Senate, that is:
2155 (i) seven for:
2156 (A) Tooele Technical College;
2157 (B) Uintah Basin Technical College; and
2158 (C) Dixie Technical College;
2159 (ii) eight for:
2160 (A) Bridgerland Technical College;
2161 (B) Ogden-Weber Technical College;
2162 (C) Davis Technical College; and
2163 (D) Southwest Technical College; or
2164 (iii) nine for Mountainland Technical College.
2165 (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
2166 appoint individuals who represent the interests of business, industry, or labor in the technical
2167 college service area.
2168 (b) If no member of the institution of higher education board of trustees lives within
2169 the technical college service area, the institution of higher education board of trustees may
2170 nominate an individual to be appointed by the governor with the advice and consent of the
2171 Senate instead of appointing a member described in Subsection (2)(b).
2172 (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
2173 (3)(b) for cause.
2174 (b) The governor shall consult with the president of the Senate before removing a
2175 member appointed under Subsection (2)(c) or (3)(b).
2176 (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
2177 technical college board of directors on or before May 7, 2018, may continue to serve on the
2178 technical college board of directors until the end of the individual's current term, even if the
2179 total number of members on the technical college board of directors exceeds the number of
2180 members for the technical college board of directors described in Subsection (2).
2181 (b) Notwithstanding Subsection (2), the governor may only make an appointment
2182 described in Subsection (2)(c) if the number of members on the technical college board of
2183 directors following the appointment will be less than or equal to the number of members for the
2184 technical college board of directors described in Subsection (2).
2185 Section 46. Section 53C-1-202 is amended to read:
2186 53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
2187 Terms -- Replacement -- Chair -- Quorum.
2188 (1) There is established the School and Institutional Trust Lands Board of Trustees.
2189 (2) The board shall consist of seven members appointed on a nonpartisan basis by the
2190 governor with the advice and consent of the Senate.
2191 (3) (a) Except for the appointment made pursuant to Subsection (5), all appointments
2192 to the board shall be for a nonconsecutive term of six years, or until a replacement has been
2193 appointed and confirmed pursuant to this section.
2194 (b) If a vacancy occurs, the governor shall appoint a replacement, following the
2195 procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
2196 (c) Any member of the board who has served less than six years upon the expiration of
2197 that member's term is eligible for a consecutive reappointment.
2198 (4) (a) The governor shall select six of the seven appointees to the board from a
2199 nomination list of at least two candidates for each position or vacancy submitted pursuant to
2200 Section 53C-1-203.
2201 (b) The governor may request an additional nomination list of at least two candidates
2202 from the nominating committee if the initial list of candidates for a given position is
2203 unacceptable.
2204 (c) (i) If the governor fails to select an appointee within 60 days after receipt of the
2205 initial list or within 60 days after the receipt of an additional list, the nominating committee
2206 shall make an interim appointment by majority vote.
2207 (ii) The interim appointee shall serve until the matter is resolved by the committee and
2208 the governor or until replaced pursuant to this chapter.
2209 (5) (a) The governor may appoint one member without requiring a nomination list.
2210 (b) The member appointed under Subsection (5)(a) serves at the pleasure of the
2211 governor.
2212 (6) (a) Each board candidate shall possess outstanding professional qualifications
2213 pertinent to the purposes and activities of the trust.
2214 (b) The board shall represent the following areas of expertise:
2215 (i) nonrenewable resource management or development;
2216 (ii) renewable resource management or development; and
2217 (iii) real estate.
2218 (c) Other qualifications which are pertinent for membership to the board are expertise
2219 in any of the following areas:
2220 (i) business;
2221 (ii) investment banking;
2222 (iii) finance;
2223 (iv) trust administration;
2224 (v) asset management; and
2225 (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
2226 through (v).
2227 (7) The board of trustees shall select a chair and vice chair from its membership.
2228 (8) Before assuming a position on the board, each member shall take an oath of office.
2229 (9) Four members of the board constitute a quorum for the transaction of business.
2230 (10) The governor or five board members may, for cause, remove a member of the
2231 board.
2232 Section 47. Section 53E-3-921 is amended to read:
2233 53E-3-921. Appointment of compact commissioner.
2234 The governor, with the advice and consent of the Senate, shall appoint a compact
2235 commissioner to carry out the duties described in this part.
2236 Section 48. Section 53G-5-201 is amended to read:
2237 53G-5-201. State Charter School Board created.
2238 (1) As used in this section, "organization that represents Utah's charter schools" means
2239 an organization, except a governmental entity, that advocates for charter schools, charter school
2240 parents, or charter school students.
2241 (2) (a) The State Charter School Board is created consisting of the following members
2242 appointed by the governor with the advice and consent of the Senate :
2243 (i) one member who has expertise in finance or small business management;
2244 (ii) three members who:
2245 (A) are nominated by an organization that represents Utah's charter schools; and
2246 (B) have expertise or experience in developing or administering a charter school;
2247 (iii) two members who are nominated by the state board; and
2248 (iv) one member who:
2249 (A) has expertise in personalized learning, including digital teaching and learning or
2250 deliberate practice; and
2251 (B) supports innovation in education.
2252 (b) Each appointee shall have demonstrated dedication to the purposes of charter
2253 schools as outlined in Section 53G-5-104.
2254 (c) At least two candidates shall be nominated for each appointment made under
2255 Subsection (2)(a)(ii) or (iii).
2256 (d) The governor may seek nominations for a prospective appointment under
2257 Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
2258 (3) (a) State Charter School Board members shall serve four-year terms.
2259 (b) If a vacancy occurs, the governor shall, with the advice and consent of the Senate,
2260 appoint a replacement for the unexpired term.
2261 (4) The governor may remove a member at any time for official misconduct, habitual
2262 or willful neglect of duty, or for other good and sufficient cause.
2263 (5) (a) The State Charter School Board shall annually elect a chair from its
2264 membership.
2265 (b) Four members of the State Charter School Board shall constitute a quorum.
2266 (c) Meetings may be called by the chair or upon request of three members of the State
2267 Charter School Board.
2268 (6) A member may not receive compensation or benefits for the member's service, but
2269 may receive per diem and travel expenses in accordance with:
2270 (a) Section 63A-3-106;
2271 (b) Section 63A-3-107; and
2272 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2273 63A-3-107.
2274 Section 49. Section 54-1-1.5 is amended to read:
2275 54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
2276 Quorum -- Removal -- Vacancies -- Compensation.
2277 The commission shall be composed of three members appointed by the governor with
2278 the advice and consent of the Senate. The terms of the members shall be staggered so that one
2279 commissioner is appointed for a term of six years on March 1 of each odd-numbered year. Not
2280 more than two members of the commission shall belong to the same political party. One
2281 member of the commission shall be designated by the governor as chairman of the commission.
2282 Any two commissioners constitute a quorum. Any member of the commission may be
2283 removed for cause by the governor. Vacancies in the commission shall be filled for unexpired
2284 terms by appointment of the governor. Commissioners shall receive compensation as
2285 established by the governor within the salary range fixed by the Legislature in Title 67, Chapter
2286 22, State Officer Compensation, and all actual and necessary expenses incurred in attending to
2287 official business. Each commissioner at the time of appointment and qualification shall be a
2288 resident citizen of the United States and of the state of Utah and shall be not less than 30 years
2289 of age. Except as provided by law, no commissioner may hold any other office either under the
2290 government of the United States or of this state or of any municipal corporation within this
2291 state.
2292 Section 50. Section 54-10a-201 is amended to read:
2293 54-10a-201. Office of Consumer Services -- Director.
2294 (1) There is created within the Department of Commerce the "Office of Consumer
2295 Services."
2296 (2) (a) The governor shall appoint, with the concurrence of the Committee of
2297 Consumer Services and the advice and consent of the Senate, a qualified person in the field of
2298 public utilities to be the director of the office.
2299 (b) The director shall serve for a term of six years.
2300 (c) For purposes of the individual who is the director on May 12, 2009, that
2301 individual's six-year term is considered to begin on July 1, 2009.
2302 (d) The governor may remove the director for cause.
2303 (3) In accordance with this chapter, the director shall on behalf of the office:
2304 (a) represent residential consumers and small commercial consumers of an applicable
2305 public utility; and
2306 (b) represent the interests of:
2307 (i) residential consumers; and
2308 (ii) small commercial consumers.
2309 Section 51. Section 59-1-201 is amended to read:
2310 59-1-201. Composition of commission -- Terms -- Removal from office --
2311 Appointment.
2312 (1) The commission shall be composed of four members appointed by the governor
2313 with the advice and consent of the Senate.
2314 (2) Subject to Subsection (3), the term of office of each commissioner shall be for four
2315 years and expire on June 30 of the year the term ends.
2316 (3) The governor shall stagger a term described in Subsection (2) so that the term of
2317 one commissioner expires each year.
2318 (4) A commissioner shall hold office until a successor is appointed and qualified.
2319 (5) (a) The governor may remove a commissioner from office for neglect of duty,
2320 inefficiency, or malfeasance, after notice and a hearing.
2321 (b) If the governor removes a commissioner from office and appoints another person to
2322 replace the commissioner, the person the governor appoints to replace the commissioner:
2323 (i) shall serve for the remainder of the unexpired term; and
2324 (ii) may be reappointed as the governor determines.
2325 (6) (a) Before appointing a commissioner, the governor shall request a list of names of
2326 potential appointees from:
2327 (i) the Utah State Bar;
2328 (ii) one or more organizations that represent certified public accountants who are
2329 licensed to practice in the state;
2330 (iii) one or more organizations that represent persons who assess or appraise property
2331 in the state; and
2332 (iv) one or more national organizations that:
2333 (A) offer a professional certification in the areas of property tax, sales and use tax, and
2334 state income tax;
2335 (B) require experience, education, and testing to obtain the certification; and
2336 (C) require additional education to maintain the certification.
2337 (b) In appointing a commissioner, the governor shall consider:
2338 (i) to the extent names of potential appointees are submitted, the names of potential
2339 appointees submitted in accordance with Subsection (6)(a); and
2340 (ii) any other potential appointee of the governor's own choosing.
2341 Section 52. Section 59-1-206 is amended to read:
2342 59-1-206. Appointment of staff -- Executive director -- Compensation --
2343 Administrative secretary -- Internal audit unit -- Appeals office staff -- Division directors
2344 -- Criminal tax investigators.
2345 (1) The commission shall appoint the following persons who are qualified,
2346 knowledgeable, and experienced in matters relating to their respective positions, exempt under
2347 Title 67, Chapter 19, Utah State Personnel Management Act, to serve at the pleasure of, and
2348 who are directly accountable to, the commission:
2349 (a) in consultation with the governor and with the advice and consent of the Senate, an
2350 executive director;
2351 (b) an administrative secretary;
2352 (c) an internal audit unit; and
2353 (d) an appeals staff.
2354 (2) The governor shall establish the executive director's salary within the salary range
2355 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2356 (3) Division directors shall be appointed by the executive director subject to the
2357 approval of the commission. The division directors are exempt employees under Title 67,
2358 Chapter 19, Utah State Personnel Management Act.
2359 (4) (a) The executive director may with the approval of the commission employ
2360 additional staff necessary to perform the duties and responsibilities of the commission. These
2361 employees are subject to Title 67, Chapter 19, Utah State Personnel Management Act.
2362 (b) (i) The executive director may under Subsection (4)(a) employ criminal tax
2363 investigators to help the commission carry out its duties and responsibilities regarding criminal
2364 provisions of the state tax laws. The executive director may not employ more than eight
2365 criminal tax investigators at one time.
2366 (ii) The executive director may designate investigators hired under this Subsection
2367 (4)(b) as special function officers, as defined in Section 53-13-105, to enforce the criminal
2368 provisions of the state tax laws.
2369 (iii) Notwithstanding Section 49-15-201, any special function officer designated under
2370 this Subsection (4)(b) may not become or be designated as a member of the Public Safety
2371 Retirement Systems.
2372 (5) The internal audit unit shall provide the following:
2373 (a) an examination to determine the honesty and integrity of fiscal affairs, the accuracy
2374 and reliability of financial statements and reports, and the adequacy and effectiveness of
2375 financial controls to properly record and safeguard the acquisition, custody, and use of public
2376 funds;
2377 (b) an examination to determine whether commission administrators have faithfully
2378 adhered to commission policies and legislative intent;
2379 (c) an examination to determine whether the operations of the divisions and other units
2380 of the commission have been conducted in an efficient and effective manner;
2381 (d) an examination to determine whether the programs administered by the divisions
2382 and other units of the commission have been effective in accomplishing intended objectives;
2383 and
2384 (e) an examination to determine whether management control and information systems
2385 are adequate and effective in assuring that commission programs are administered faithfully,
2386 efficiently, and effectively.
2387 (6) The appeals office shall receive and hear appeals to the commission and shall
2388 conduct the hearings in compliance with formal written rules approved by the commission.
2389 The commission has final review authority over the appeals.
2390 Section 53. Section 61-1-18.5 is amended to read:
2391 61-1-18.5. Securities Commission -- Transition.
2392 (1) (a) There is created a Securities Commission.
2393 (b) The division shall provide staffing to the commission.
2394 (2) (a) The commission shall:
2395 (i) formulate and make recommendations to the director regarding policy and
2396 budgetary matters;
2397 (ii) submit recommendations regarding registration requirements;
2398 (iii) formulate and make recommendations to the director regarding the establishment
2399 of reasonable fees;
2400 (iv) act in an advisory capacity to the director with respect to the exercise of the
2401 director's duties, powers, and responsibilities;
2402 (v) conduct an administrative hearing under this chapter that is not:
2403 (A) delegated by the commission to an administrative law judge or the division relating
2404 to a violation of this chapter; or
2405 (B) expressly delegated to the division under this chapter;
2406 (vi) except as provided in Subsection (2)(b), and consistent with Section 61-1-20,
2407 impose a sanction as provided in this chapter;
2408 (vii) review rules made by the division for purposes of concurrence in accordance with
2409 Section 61-1-24; and
2410 (viii) perform other duties as this chapter provides.
2411 (b) (i) The commission may delegate to the division the authority to impose a sanction
2412 under this chapter.
2413 (ii) If under Subsection (2)(b)(i) the commission delegates to the division the authority
2414 to impose a sanction, a person who is subject to the sanction may petition the commission for
2415 review of the sanction.
2416 (iii) A person who is sanctioned by the division in accordance with this Subsection
2417 (2)(b) may seek agency review by the executive director only after the commission reviews the
2418 division's action.
2419 (3) (a) The governor shall appoint five members to the commission with the advice and
2420 consent of the Senate as follows:
2421 (i) two members from the securities brokerage community:
2422 (A) who are not from the same broker-dealer or affiliate; and
2423 (B) who have at least five years prior experience in securities matters;
2424 (ii) one member from the securities section of the Utah State Bar:
2425 (A) whose practice primarily involves:
2426 (I) corporate securities; or
2427 (II) representation of plaintiffs in securities cases;
2428 (B) who does not routinely represent clients involved in:
2429 (I) civil or administrative litigation with the division; or
2430 (II) criminal cases brought under this chapter; and
2431 (C) who has at least five years prior experience in securities matters;
2432 (iii) one member who is an officer or director of a business entity not subject to the
2433 reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and
2434 (iv) one member from the public at large who has no active participation in the
2435 securities business.
2436 (b) A member may not serve more than two consecutive terms.
2437 (4) (a) Except as required by Subsection (4)(b) and subject to Subsection (4)(c), as
2438 terms of current members expire, the governor shall appoint a new member or reappointed
2439 member to a four-year term.
2440 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
2441 or reappointment, adjust the length of terms to ensure that the terms of commission members
2442 are staggered so that approximately half of the commission is appointed every two years.
2443 (c) For purposes of making an appointment to the commission, the governor:
2444 (i) shall as of May 12, 2009:
2445 (A) appoint all five members of the commission; and
2446 (B) stagger the terms of the five members of the commission to comply with
2447 Subsection (4)(b); and
2448 (ii) may not consider the commission an extension of the previous Securities Advisory
2449 Board.
2450 (d) When a vacancy occurs in the membership for any reason, the governor shall
2451 appoint a replacement member for the unexpired term.
2452 (e) A member shall serve until the member's respective successor is appointed and
2453 qualified.
2454 (f) The commission shall annually select one member to serve as chair of the
2455 commission.
2456 (5) (a) The commission shall meet:
2457 (i) at least quarterly on a regular date to be fixed by the commission; and
2458 (ii) at such other times at the call of:
2459 (A) the director; or
2460 (B) any two members of the commission.
2461 (b) A majority of the commission shall constitute a quorum for the transaction of
2462 business.
2463 (c) An action of the commission requires a vote of a majority of members present.
2464 (6) A member of the commission shall, by sworn and written statement filed with the
2465 Department of Commerce and the lieutenant governor, disclose any position of employment or
2466 ownership interest that the member has with respect to an entity or business subject to the
2467 jurisdiction of the division or commission. This statement shall be filed upon appointment and
2468 must be appropriately amended whenever significant changes occur in matters covered by the
2469 statement.
2470 (7) A member may not receive compensation or benefits for the member's service, but
2471 may receive per diem and travel expenses in accordance with:
2472 (a) Section 63A-3-106;
2473 (b) Section 63A-3-107; and
2474 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2475 63A-3-107.
2476 (8) (a) A rule or form made by the division under this section that is in effect on May
2477 11, 2009, is considered to have been concurred with by the commission as of May 12, 2009,
2478 until the commission acts on the rule or form.
2479 (b) For a civil or administrative action pending under this chapter as of May 12, 2009,
2480 brought under the authority of division under this chapter as in effect May 11, 2009, that may
2481 be brought only by the commission under this chapter as in effect on May 12, 2009:
2482 (i) the action shall be considered brought by the commission; and
2483 (ii) the commission may take any act authorized under this chapter regarding that
2484 action.
2485 Section 54. Section 61-2f-103 is amended to read:
2486 61-2f-103. Real Estate Commission.
2487 (1) There is created within the division a Real Estate Commission. The commission
2488 shall:
2489 (a) subject to concurrence by the division and in accordance with Title 63G, Chapter 3,
2490 Utah Administrative Rulemaking Act, make rules for the administration of this chapter that are
2491 not inconsistent with this chapter, including:
2492 (i) licensing of:
2493 (A) a principal broker;
2494 (B) an associate broker; and
2495 (C) a sales agent;
2496 (ii) registration of:
2497 (A) an entity; and
2498 (B) a branch office;
2499 (iii) prelicensing and postlicensing education curricula;
2500 (iv) examination procedures;
2501 (v) the certification and conduct of:
2502 (A) a real estate school;
2503 (B) a course provider; or
2504 (C) an instructor;
2505 (vi) proper handling of money received by a licensee under this chapter;
2506 (vii) brokerage office procedures and recordkeeping requirements;
2507 (viii) property management;
2508 (ix) standards of conduct for a licensee under this chapter; and
2509 (x) if the commission, with the concurrence of the division, determines necessary, a
2510 rule as provided in Subsection 61-2f-306(3) regarding a legal form;
2511 (b) establish, with the concurrence of the division, a fee provided for in this chapter,
2512 except a fee imposed under Part 5, Real Estate Education, Research, and Recovery Fund Act;
2513 (c) conduct an administrative hearing not delegated by the commission to an
2514 administrative law judge or the division relating to the:
2515 (i) licensing of an applicant;
2516 (ii) conduct of a licensee;
2517 (iii) the certification or conduct of a real estate school, course provider, or instructor
2518 regulated under this chapter; or
2519 (iv) violation of this chapter by any person;
2520 (d) with the concurrence of the director, impose a sanction as provided in Section
2521 61-2f-404;
2522 (e) advise the director on the administration and enforcement of a matter affecting the
2523 division and the real estate sales and property management industries;
2524 (f) advise the director on matters affecting the division budget;
2525 (g) advise and assist the director in conducting real estate seminars; and
2526 (h) perform other duties as provided by this chapter.
2527 (2) (a) Except as provided in Subsection (2)(b), a state entity may not, without the
2528 concurrence of the commission, make a rule that changes the rights, duties, or obligations of
2529 buyers, sellers, or persons licensed under this chapter in relation to a real estate transaction
2530 between private parties.
2531 (b) Subsection (2)(a) does not apply to a rule made:
2532 (i) under Title 31A, Insurance Code, or Title 7, Financial Institutions Act; or
2533 (ii) by the Department of Commerce or any division or other rulemaking body within
2534 the Department of Commerce.
2535 (3) (a) The commission shall be comprised of five members appointed by the governor
2536 and approved by the Senate.
2537 (b) Four of the commission members shall:
2538 (i) have at least five years' experience in the real estate business; and
2539 (ii) hold an active principal broker, associate broker, or sales agent license.
2540 (c) One commission member shall be a member of the general public.
2541 (d) The governor may not appoint a commission member described in Subsection
2542 (3)(b) who, at the time of appointment, resides in the same county in the state as another
2543 commission member.
2544 (e) At least one commission member described in Subsection (3)(b) shall at the time of
2545 an appointment reside in a county that is not a county of the first or second class.
2546 (4) (a) Except as required by Subsection (4)(b), as terms of current commission
2547 members expire, the governor shall appoint each new member or reappointed member to a
2548 four-year term ending June 30.
2549 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2550 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2551 commission members are staggered so that approximately half of the commission is appointed
2552 every two years.
2553 (c) Upon the expiration of the term of a member of the commission, the member of the
2554 commission shall continue to hold office until a successor is appointed and qualified.
2555 (d) A commission member may not serve more than two consecutive terms.
2556 (e) Members of the commission shall annually select one member to serve as chair.
2557 (5) When a vacancy occurs in the membership for any reason, the governor, with the
2558 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
2559 (6) A member may not receive compensation or benefits for the member's service, but
2560 may receive per diem and travel expenses in accordance with:
2561 (a) Section 63A-3-106;
2562 (b) Section 63A-3-107; and
2563 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2564 63A-3-107.
2565 (7) (a) The commission shall meet at least monthly.
2566 (b) The director may call additional meetings:
2567 (i) at the director's discretion;
2568 (ii) upon the request of the chair; or
2569 (iii) upon the written request of three or more commission members.
2570 (8) Three members of the commission constitute a quorum for the transaction of
2571 business.
2572 Section 55. Section 61-2g-204 is amended to read:
2573 61-2g-204. Real Estate Appraiser Licensing and Certification Board.
2574 (1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
2575 that consists of five regular members as follows:
2576 (i) one state-licensed or state-certified appraiser who may be either a residential or
2577 general licensee or certificate holder;
2578 (ii) one state-certified residential appraiser;
2579 (iii) one state-certified general appraiser;
2580 (iv) one member who is certified as either a state-certified residential appraiser or a
2581 state-certified general appraiser; and
2582 (v) one member of the general public.
2583 (b) A state-licensed or state-certified appraiser may be appointed as an alternate
2584 member of the board.
2585 (c) The governor shall appoint all members of the board with the advice and consent of
2586 the Senate.
2587 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
2588 expire, the governor shall appoint each new member or reappointed member to a four-year
2589 term beginning on July 1.
2590 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2591 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2592 board members are staggered so that approximately half of the board is appointed every two
2593 years.
2594 (c) Upon the expiration of a member's term, a member of the board shall continue to
2595 hold office until the appointment and qualification of the member's successor.
2596 (d) A person may not serve as a member of the board for more than two consecutive
2597 terms.
2598 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
2599 be appointed for the unexpired term.
2600 (b) The governor may remove a member for cause.
2601 (4) The public member of the board may not be licensed or certified under this chapter.
2602 (5) The board shall meet at least quarterly to conduct its business. The division shall
2603 give public notice of a board meeting.
2604 (6) The members of the board shall elect a chair annually from among the members to
2605 preside at board meetings.
2606 (7) A member may not receive compensation or benefits for the member's service, but
2607 may receive per diem and travel expenses in accordance with:
2608 (a) Section 63A-3-106;
2609 (b) Section 63A-3-107; and
2610 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2611 63A-3-107.
2612 (8) (a) Three members of the board shall constitute a quorum for the transaction of
2613 business.
2614 (b) If a quorum of members is unavailable for any meeting, the alternate member of the
2615 board, if any, shall serve as a regular member of the board for that meeting if with the presence
2616 of the alternate member a quorum is present at the meeting.
2617 Section 56. Section 62A-1-107 is amended to read:
2618 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
2619 vacancies, chairperson, compensation, meetings, quorum.
2620 (1) The Board of Aging and Adult Services described in Subsection 62A-1-105(1)(a)
2621 shall have seven members who are appointed by the governor with the advice and consent of
2622 the Senate.
2623 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
2624 term of four years, and is eligible for one reappointment.
2625 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2626 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2627 board members are staggered so that approximately half of the board is appointed every two
2628 years.
2629 (c) Board members shall continue in office until the expiration of their terms and until
2630 their successors are appointed, which may not exceed 90 days after the formal expiration of a
2631 term.
2632 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
2633 appointed for the unexpired term.
2634 (3) No more than four members of the board may be from the same political party.
2635 The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
2636 on the basis of their active interest, experience, and demonstrated ability to deal with issues
2637 related to the Board of Aging and Adult Services .
2638 (4) The board shall annually elect a chairperson from the board's membership. The
2639 board shall hold meetings at least once every three months. Within budgetary constraints,
2640 meetings may be held from time to time on the call of the chairperson or of the majority of the
2641 members of the board. Four members of the board are necessary to constitute a quorum at any
2642 meeting, and, if a quorum exists, the action of the majority of members present shall be the
2643 action of the board.
2644 (5) A member may not receive compensation or benefits for the member's service, but,
2645 at the executive director's discretion, may receive per diem and travel expenses in accordance
2646 with:
2647 (a) Section 63A-3-106;
2648 (b) Section 63A-3-107; and
2649 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2650 63A-3-107.
2651 (6) The board shall adopt bylaws governing its activities. Bylaws shall include
2652 procedures for removal of a board member who is unable or unwilling to fulfill the
2653 requirements of the board member's appointment.
2654 (7) The board has program policymaking authority for the division over which the
2655 board presides.
2656 Section 57. Section 62A-1-108 is amended to read:
2657 62A-1-108. Executive director -- Appointment -- Compensation -- Qualifications
2658 -- Responsibilities.
2659 (1) The chief administrative officer of the department is the executive director, who
2660 shall be appointed by the governor with the advice and consent of the Senate. The executive
2661 director may be removed at the will of the governor. The executive director shall receive a
2662 salary established by the governor within the salary range fixed by the Legislature in Title 67,
2663 Chapter 22, State Officer Compensation. The executive director shall be experienced in
2664 administration, management, and coordination of complex organizations.
2665 (2) The executive director is responsible for:
2666 (a) administration and supervision of the department;
2667 (b) coordination of policies and program activities conducted through the boards,
2668 divisions, and offices of the department;
2669 (c) approval of the proposed budget of each board, division, and office within the
2670 department; and
2671 (d) such other duties as the Legislature or governor shall assign to him.
2672 (3) The executive director may appoint deputy or assistant directors to assist him in
2673 carrying out the department's responsibilities.
2674 Section 58. Section 62A-7-501 is amended to read:
2675 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
2676 (1) There is created within the division a Youth Parole Authority.
2677 (2) (a) The authority is composed of 10 part-time members and five pro tempore
2678 members who are residents of this state. No more than three pro tempore members may serve
2679 on the authority at any one time.
2680 (b) Throughout this section, the term "member" refers to both part-time and pro
2681 tempore members of the Youth Parole Authority.
2682 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
2683 four-year terms by the governor with the advice and consent of the Senate.
2684 (b) The governor shall, at the time of appointment or reappointment, adjust the length
2685 of terms to ensure that the terms of authority members are staggered so that approximately half
2686 of the authority is appointed every two years.
2687 (4) Each member shall have training or experience in social work, law, juvenile or
2688 criminal justice, or related behavioral sciences.
2689 (5) When a vacancy occurs in the membership for any reason, the replacement member
2690 shall be appointed for the unexpired term.
2691 (6) During the tenure of the member's appointment, a member may not:
2692 (a) be an employee of the department, other than in the member's capacity as a member
2693 of the authority;
2694 (b) hold any public office;
2695 (c) hold any position in the state's juvenile justice system; or
2696 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
2697 juvenile justice agency or its contractor.
2698 (7) In extraordinary circumstances or when a regular member is absent or otherwise
2699 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
2700 (8) A member may not receive compensation or benefits for the member's service, but
2701 may receive per diem and travel expenses in accordance with:
2702 (a) Section 63A-3-106;
2703 (b) Section 63A-3-107; and
2704 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2705 63A-3-107.
2706 (9) The authority shall determine appropriate parole dates for youth offenders in
2707 accordance with Section 62A-7-404.
2708 (10) Youth offenders may be paroled to their own homes, to an independent living
2709 program contracted or operated by the division, to an approved independent living setting, or to
2710 other appropriate residences of qualifying relatives or guardians, but shall remain on parole
2711 until parole is terminated by the authority in accordance with Section 62A-7-404.
2712 (11) The division's case management staff shall implement parole release plans and
2713 shall supervise youth offenders while on parole.
2714 (12) The division shall permit the authority to have reasonable access to youth
2715 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
2716 matters of parole, revocation, and termination.
2717 Section 59. Section 63A-1-105 is amended to read:
2718 63A-1-105. Appointment of executive director -- Compensation.
2719 (1) The governor shall:
2720 (a) appoint the executive director with the advice and consent of the Senate; and
2721 (b) establish the executive director's salary within the salary range fixed by the
2722 Legislature in Title 67, Chapter 22, State Officer Compensation.
2723 (2) The executive director shall serve at the pleasure of the governor.
2724 Section 60. Section 63F-1-105 is amended to read:
2725 63F-1-105. Appointment of executive director -- Compensation -- Authority.
2726 (1) The governor shall:
2727 (a) appoint the executive director with the advice and consent of the Senate; and
2728 (b) establish the executive director's salary within the salary range fixed by the
2729 Legislature in Title 67, Chapter 22, State Officer Compensation.
2730 (2) The executive director shall:
2731 (a) serve at the pleasure of the governor; and
2732 (b) exercise all powers given to and perform all duties imposed on the department.
2733 Section 61. Section 63G-2-501 is amended to read:
2734 63G-2-501. State Records Committee created -- Membership -- Terms --
2735 Vacancies -- Expenses.
2736 (1) There is created the State Records Committee within the Department of
2737 Administrative Services consisting of the following seven individuals:
2738 (a) an individual in the private sector whose profession requires the individual to create
2739 or manage records that, if created by a governmental entity, would be private or controlled;
2740 (b) an individual with experience with electronic records and databases, as
2741 recommended by a statewide technology advocacy organization that represents the public,
2742 private, and nonprofit sectors;
2743 (c) the director of the Division of Archives and Records Services or the director's
2744 designee;
2745 (d) two citizen members;
2746 (e) one person representing political subdivisions, as recommended by the Utah League
2747 of Cities and Towns; and
2748 (f) one individual representing the news media.
2749 (2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
2750 (e), and (f) with the advice and consent of the Senate.
2751 (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
2752 member to a four-year term.
2753 (b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
2754 or reappointment, adjust the length of terms to ensure that the terms of committee members are
2755 staggered so that approximately half of the committee is appointed every two years.
2756 (c) Each appointed member is eligible for reappointment for one additional term.
2757 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2758 appointed for the unexpired term.
2759 (5) A member of the State Records Committee may not receive compensation or
2760 benefits for the member's service on the committee, but may receive per diem and travel
2761 expenses in accordance with:
2762 (a) Section 63A-3-106;
2763 (b) Section 63A-3-107; and
2764 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2765 Section 62. Section 63H-4-102 is amended to read:
2766 63H-4-102. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
2767 expenses.
2768 (1) There is created an independent state agency and a body politic and corporate
2769 known as the "Heber Valley Historic Railroad Authority."
2770 (2) The authority is composed of eight members as follows:
2771 (a) one member of the county legislative body of Wasatch County;
2772 (b) the mayor of Heber City;
2773 (c) the mayor of Midway;
2774 (d) the executive director of the Department of Transportation or the executive
2775 director's designee;
2776 (e) the executive director of Parks and Recreation, or the executive director's designee;
2777 and
2778 (f) three public members appointed by the governor with the advice and consent of the
2779 Senate, being private citizens of the state, as follows:
2780 (i) two people representing the tourism industry, one each from Wasatch and Utah
2781 counties; and
2782 (ii) one person representing the public at large.
2783 (3) All members shall be residents of the state.
2784 (4) (a) Except as required by Subsection (4)(b), the three public members are appointed
2785 for four-year terms beginning July 1, 2010.
2786 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2787 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2788 authority members are staggered so that approximately half of the authority is appointed every
2789 two years.
2790 (5) Any of the three public members may be removed from office by the governor or
2791 for cause by an affirmative vote of any four members of the authority.
2792 (6) When a vacancy occurs in the membership for any reason, the replacement is
2793 appointed for the unexpired term by the governor with advice and consent of the Senate for the
2794 unexpired term.
2795 (7) Each public member shall hold office for the term of appointment and until a
2796 successor has been appointed and qualified.
2797 (8) A public member is eligible for reappointment, but may not serve more than two
2798 full consecutive terms.
2799 (9) The governor shall appoint the chair of the authority from among its members.
2800 (10) The members shall elect from among their number a vice chair and other officers
2801 they may determine.
2802 (11) The powers of the authority are vested in its members.
2803 (12) (a) Four members constitute a quorum for transaction of authority business.
2804 (b) An affirmative vote of at least four members is necessary for any action taken by
2805 the authority.
2806 (13) A member may not receive compensation or benefits for the member's service, but
2807 may receive per diem and travel expenses in accordance with:
2808 (a) Section 63A-3-106;
2809 (b) Section 63A-3-107; and
2810 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2811 63A-3-107.
2812 Section 63. Section 63H-6-104 is amended to read:
2813 63H-6-104. Board of directors -- Membership -- Term -- Quorum -- Vacancies --
2814 Duties.
2815 (1) The corporation is governed by a board of directors.
2816 (2) The board is composed of members as follows:
2817 (a) the director of the Division of Facilities Construction and Management or the
2818 director's designee;
2819 (b) the commissioner of agriculture and food or the commissioner's designee;
2820 (c) two members, appointed by the president of the Senate:
2821 (i) who have business related experience; and
2822 (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
2823 (d) two members, appointed by the speaker of the House:
2824 (i) who have business related experience; and
2825 (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
2826 (e) five members, of whom only one may be a legislator, in accordance with
2827 Subsection (3)(e), appointed by the governor with the advice and consent of the Senate as
2828 follows:
2829 (i) two members who represent agricultural interests;
2830 (ii) two members who have business related experience; and
2831 (iii) one member who is recommended by the Utah Farm Bureau Federation;
2832 (f) one member, appointed by the mayor of Salt Lake City with the advice and consent
2833 of the Senate, who is a resident of the neighborhood located adjacent to the state fair park;
2834 (g) a representative of Salt Lake County, if Salt Lake County is party to an executed
2835 lease agreement with the corporation; and
2836 (h) a representative of the Days of '47 Rodeo.
2837 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
2838 Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years
2839 after the year that the board member was appointed.
2840 (ii) In making appointments to the board, the president of the Senate, the speaker of the
2841 House, the governor, and the mayor of Salt Lake City shall ensure that the terms of
2842 approximately 1/4 of the appointed board members expire each year.
2843 (b) Except as provided in Subsection (3)(c), appointed board members serve until their
2844 successors are appointed and qualified.
2845 (c) (i) If an appointed board member is absent from three consecutive board meetings
2846 without excuse, that member's appointment is terminated, the position is vacant, and the
2847 individual who appointed the board member shall appoint a replacement.
2848 (ii) The president of the Senate, the speaker of the House, the governor, or the mayor of
2849 Salt Lake City, as applicable, may remove an appointed member of the board at will.
2850 (d) The president of the Senate, the speaker of the House, the governor, or the mayor of
2851 Salt Lake City, as appropriate, shall fill any vacancy that occurs on the board for any reason by
2852 appointing an individual in accordance with the procedures described in this section for the
2853 unexpired term of the vacated member.
2854 (e) No more than a combined total of two legislators may be appointed under
2855 Subsections (2)(c), (d), and (e).
2856 (4) The governor shall select the board's chair.
2857 (5) A majority of the members of the board is a quorum for the transaction of business.
2858 (6) The board may elect a vice chair and any other board offices.
2859 (7) The board may create one or more subcommittees to advise the board on any issue
2860 related to the state fair park.
2861 (8) In carrying out the board's duties under this chapter, the board shall cooperate with
2862 and, upon request, appear before the State Fair Park Committee.
2863 (9) No later than November 30 of each year, the board shall provide the following to
2864 the State Fair Park Committee:
2865 (a) a report on the general state of the financial and business affairs of the corporation;
2866 (b) a report on that year's annual exhibition described in Subsection 63H-6-103(4)(j),
2867 including the exhibition's attendance, operations, and revenue;
2868 (c) any appropriation request that the board plans to submit to the Legislature; and
2869 (d) any other report that the State Fair Park Committee requests.
2870 Section 64. Section 63H-8-201 is amended to read:
2871 63H-8-201. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
2872 Quorum -- Per diem and expenses.
2873 (1) (a) There is created an independent body politic and corporate, constituting a public
2874 corporation, known as the "Utah Housing Corporation."
2875 (b) The corporation may also be known and do business as the:
2876 (i) Utah Housing Finance Association; and
2877 (ii) Utah Housing Finance Agency in connection with a contract entered into when that
2878 was the corporation's legal name.
2879 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
2880 the express approval of the corporation.
2881 (2) The corporation is governed by a board of trustees composed of the following nine
2882 trustees:
2883 (a) the executive director of the Department of Workforce Services or the executive
2884 director's designee;
2885 (b) the commissioner of the Department of Financial Institutions or the commissioner's
2886 designee;
2887 (c) the state treasurer or the treasurer's designee; and
2888 (d) six public trustees, who are private citizens of the state, as follows:
2889 (i) two people who represent the mortgage lending industry;
2890 (ii) two people who represent the home building and real estate industry; and
2891 (iii) two people who represent the public at large.
2892 (3) The governor shall:
2893 (a) appoint the six public trustees of the corporation with the advice and consent of the
2894 Senate; and
2895 (b) ensure that:
2896 (i) the six public trustees are from different counties and are residents of the state; and
2897 (ii) not more than three of the public trustees are members of the same political party.
2898 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the six
2899 public trustees to terms of office of four years each.
2900 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2901 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2902 corporation trustees are staggered so that approximately half of the board is appointed every
2903 two years.
2904 (5) (a) A public trustee of the corporation may be removed from office for cause either
2905 by the governor or by an affirmative vote of six trustees of the corporation.
2906 (b) When a vacancy occurs in the board of trustees for any reason, the replacement
2907 shall be appointed for the unexpired term.
2908 (c) A public trustee shall hold office for the term of appointment and until the trustee's
2909 successor has been appointed and qualified.
2910 (d) A public trustee is eligible for reappointment but may not serve more than two full
2911 consecutive terms.
2912 (6) (a) The governor shall select the chair of the corporation.
2913 (b) The trustees shall elect from among their number a vice chair and other officers
2914 they may determine.
2915 (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
2916 (b) An affirmative vote of at least five trustees is necessary for any action to be taken
2917 by the corporation.
2918 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
2919 all rights and perform all duties of the corporation.
2920 (8) A trustee may not receive compensation or benefits for the trustee's service, but
2921 may receive per diem and travel expenses in accordance with:
2922 (a) Section 63A-3-106;
2923 (b) Section 63A-3-107; and
2924 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
2925 63A-3-107.
2926 Section 65. Section 63J-4-602 is amended to read:
2927 63J-4-602. Public Lands Policy Coordinating Office -- Coordinator --
2928 Appointment -- Qualifications -- Compensation.
2929 (1) There is created within state government the Public Lands Policy Coordinating
2930 Office. The office shall be administered by a public lands policy coordinator.
2931 (2) The coordinator shall be appointed by the governor with the advice and consent of
2932 the Senate and shall serve at the pleasure of the governor.
2933 (3) The coordinator shall have demonstrated the necessary administrative and
2934 professional ability through education and experience to efficiently and effectively manage the
2935 office's affairs.
2936 (4) The coordinator and employees of the office shall receive compensation as
2937 provided in Title 67, Chapter 19, Utah State Personnel Management Act.
2938 Section 66. Section 63J-4-702 is amended to read:
2939 63J-4-702. Employability to Careers Program Board.
2940 (1) There is created within the office the Employability to Careers Program Board
2941 composed of the following members:
2942 (a) the executive director of the Department of Workforce Services or the executive
2943 director's designee;
2944 (b) the executive director of the Department of Human Services or the executive
2945 director's designee; and
2946 (c) three members appointed by the governor with the advice and consent of the Senate
2947 as follows:
2948 (i) one member from the private or nonprofit sector with expertise in finance;
2949 (ii) one member who is not a legislator from the private or nonprofit sector chosen
2950 from among two individuals recommended by the president of the Senate; and
2951 (iii) one member who is not a legislator from the private or nonprofit sector chosen
2952 from among two individuals recommended by the speaker of the House of Representatives.
2953 (2) (a) An appointed member of the board shall serve for a term of three years, but may
2954 be reappointed for one additional term.
2955 (b) If a vacancy occurs in the board for any reason, the governor with the advice and
2956 consent of the Senate shall appoint a replacement to serve the remainder of the board member's
2957 term.
2958 (3) The board shall elect a chair from among the board's membership.
2959 (4) The board shall meet at least quarterly upon the call of the chair.
2960 (5) Four members of the board constitute a quorum.
2961 (6) Action by a majority present constitutes the action of the board.
2962 (7) A board member may not receive compensation or benefits for the member's
2963 service, but a member may receive per diem and travel expenses in accordance with:
2964 (a) Section 63A-3-106;
2965 (b) Section 63A-3-107; and
2966 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2967 63A-3-107.
2968 (8) The office shall provide staff support to the board.
2969 Section 67. Section 63L-9-103 is amended to read:
2970 63L-9-103. Director.
2971 (1) Upon the requirements described in Subsection 63L-9-102(2) being fulfilled, the
2972 governor shall, with the advice and consent of the Senate, appoint a director of the Department
2973 of Land Management.
2974 (2) The director shall:
2975 (a) be the executive and administrative head of the Department of Land Management;
2976 (b) have demonstrated ability and experience in the administration and management of
2977 state or federal lands;
2978 (c) not hold any other public office or be involved in a political party or organization;
2979 and
2980 (d) hire personnel to staff the department.
2981 (3) The director shall have:
2982 (a) executive authority and control of the Department of Land Management; and
2983 (b) authority over all personnel matters.
2984 Section 68. Section 63M-2-301 is amended to read:
2985 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
2986 authority -- Program director.
2987 (1) There is created the Utah Science Technology and Research Initiative.
2988 (2) Subject to Subsection (10), to oversee USTAR, there is created the Utah Science
2989 Technology and Research Governing Authority consisting of:
2990 (a) the state treasurer or the state treasurer's designee;
2991 (b) the executive director of the Governor's Office of Economic Development;
2992 (c) three members appointed by the governor, with the advice and consent of the
2993 Senate;
2994 (d) two members who are not legislators appointed by the president of the Senate;
2995 (e) two members who are not legislators appointed by the speaker of the House of
2996 Representatives; and
2997 (f) one member appointed by the commissioner of higher education.
2998 (3) (a) The eight appointed members under Subsections (2)(c) through (f) shall serve
2999 four-year staggered terms.
3000 (b) An appointed member under Subsection (2)(c), (d), (e), or (f):
3001 (i) may not serve more than two full consecutive terms; and
3002 (ii) may be removed from the governing authority for any reason before the member's
3003 term is completed:
3004 (A) at the discretion of the original appointing authority; and
3005 (B) after the original appointing authority consults with the governing authority.
3006 (4) A vacancy on the governing authority in an appointed position under Subsection
3007 (2)(c), (d), (e), or (f) shall be filled for the unexpired term by the appointing authority in the
3008 same manner as the original appointment.
3009 (5) (a) Except as provided in Subsection (5)(b), the governor, with the advice and
3010 consent of the Senate, shall select the chair of the governing authority to serve a one-year term.
3011 (b) The governor may extend the term of a sitting chair of the governing authority
3012 without the advice and consent of the Senate.
3013 (c) The executive director of the Governor's Office of Economic Development shall
3014 serve as the vice chair of the governing authority.
3015 (6) The governing authority shall meet at least six times each year and may meet more
3016 frequently at the request of a majority of the members of the governing authority.
3017 (7) Five members of the governing authority are a quorum.
3018 (8) A member of the governing authority may not receive compensation or benefits for
3019 the member's service, but may receive per diem and travel expenses as allowed in:
3020 (a) Section 63A-3-106;
3021 (b) Section 63A-3-107; and
3022 (c) rules made by the Division of Finance:
3023 (i) pursuant to Sections 63A-3-106 and 63A-3-107; and
3024 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3025 (9) (a) The governor, with the advice and consent of the Senate, may appoint a program
3026 director to oversee USTAR.
3027 (b) The program director is an at-will employee who may be terminated with or
3028 without cause by the governor or the executive director of the Governor's Office of Economic
3029 Development.
3030 (10) On July 1, 2019, the governing authority is dissolved and the program director is
3031 under the supervision of the executive director of the Governor's Office of Economic
3032 Development.
3033 Section 69. Section 63M-7-203 is amended to read:
3034 63M-7-203. Executive director -- Qualifications -- Compensation -- Appointment
3035 -- Functions.
3036 (1) The governor, with the advice and consent of the Senate, shall appoint a person
3037 experienced in the field of criminal justice and in administration as the executive director of the
3038 Commission on Criminal and Juvenile Justice. The governor shall establish the executive
3039 director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State
3040 Officer Compensation.
3041 (2) (a) The executive director, under the direction of the commission, shall administer
3042 the duties of the commission and act as the governor's advisor on national, state, regional,
3043 metropolitan, and local government planning as it relates to criminal justice.
3044 (b) This chapter does not derogate the planning authority conferred on state, regional,
3045 metropolitan, and local governments by existing law.
3046 Section 70. Section 63M-7-504 is amended to read:
3047 63M-7-504. Crime Victim Reparations and Assistance Board -- Members.
3048 (1) (a) A Crime Victim Reparations and Assistance Board is created, consisting of
3049 seven members appointed by the governor with the advice and consent of the Senate.
3050 (b) The membership of the board shall consist of:
3051 (i) a member of the bar of this state;
3052 (ii) a victim of criminally injurious conduct;
3053 (iii) a licensed physician;
3054 (iv) a representative of law enforcement;
3055 (v) a mental health care provider;
3056 (vi) a victim advocate; and
3057 (vii) a private citizen.
3058 (c) The governor may appoint a chair of the board who shall serve for a period of time
3059 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
3060 vice chair to serve in the absence of the chair.
3061 (d) The board may hear appeals from administrative decisions as provided in rules
3062 adopted pursuant to Section 63M-7-515.
3063 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
3064 expire, the governor shall appoint each new member or reappointed member to a four-year
3065 term.
3066 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3067 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3068 board members are staggered so that approximately half of the board is appointed every two
3069 years.
3070 (c) A member may be reappointed to one successive term in addition to a member's
3071 initial full-term appointment.
3072 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
3073 be appointed for the unexpired term.
3074 (b) A member resigning from the board shall serve until the member's successor is
3075 appointed and qualified.
3076 (4) A member may not receive compensation or benefits for the member's service, but
3077 may receive per diem and travel expenses in accordance with:
3078 (a) Section 63A-3-106;
3079 (b) Section 63A-3-107; and
3080 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3081 63A-3-107.
3082 (5) The board shall meet at least once quarterly but may meet more frequently as
3083 necessary.
3084 Section 71. Section 63N-1-202 is amended to read:
3085 63N-1-202. Executive director of office -- Appointment -- Removal --
3086 Compensation.
3087 (1) The office shall be administered, organized, and managed by an executive director
3088 appointed by the governor, with the advice and consent of the Senate.
3089 (2) The executive director serves at the pleasure of the governor.
3090 (3) The salary of the executive director shall be established by the governor within the
3091 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3092 Section 72. Section 63N-1-401 is amended to read:
3093 63N-1-401. Board of Business and Economic Development -- Membership --
3094 Expenses.
3095 (1) (a) There is created within the office the Board of Business and Economic
3096 Development, consisting of 15 members appointed by the governor to four-year terms of office
3097 with the advice and consent of the Senate.
3098 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
3099 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3100 board members are staggered so that approximately half of the board is appointed every two
3101 years.
3102 (c) The members may not serve more than two full consecutive terms except where the
3103 governor determines that an additional term is in the best interest of the state.
3104 (2) In appointing members of the committee, the governor shall ensure that:
3105 (a) no more than eight members of the board are from one political party; and
3106 (b) members represent a variety of geographic areas and economic interests of the state.
3107 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
3108 appointed for the unexpired term.
3109 (4) Eight members of the board constitute a quorum for conducting board business and
3110 exercising board power.
3111 (5) The governor shall select one board member as the board's chair.
3112 (6) A member may not receive compensation or benefits for the member's service, but
3113 may receive per diem and travel expenses in accordance with:
3114 (a) Section 63A-3-106;
3115 (b) Section 63A-3-107; and
3116 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3117 Section 73. Section 63N-1-501 is amended to read:
3118 63N-1-501. Governor's Economic Development Coordinating Council --
3119 Membership -- Expenses.
3120 (1) There is created in the office the Governor's Economic Development Coordinating
3121 Council, consisting of the following 11 members:
3122 (a) the executive director, who shall serve as chair of the council;
3123 (b) the chair of the board or the chair's designee;
3124 (c) the chair of the Utah Science Technology and Research Governing Authority
3125 created in Section 63M-2-301 or the chair's designee;
3126 (d) the chair of the Governor's Rural Partnership Board created in Section 63C-10-102
3127 or the chair's designee;
3128 (e) the chair of the board of directors of the Utah Capital Investment Corporation
3129 created in Section 63N-6-301 or the chair's designee;
3130 (f) the chair of the Economic Development Corporation of Utah or its successor
3131 organization or the chair's designee;
3132 (g) the chair of the World Trade Center Utah or its successor organization or the chair's
3133 designee; and
3134 (h) four members appointed by the governor, with the advice and consent of the
3135 Senate, who have expertise in business, economic development, entrepreneurship, or the
3136 raising of venture or seed capital for research and business growth.
3137 (2) (a) The four members appointed by the governor may serve for no more than two
3138 consecutive two-year terms.
3139 (b) The governor shall appoint a replacement if a vacancy occurs from the membership
3140 appointed under Subsection (1)(h).
3141 (3) Six members of the council constitute a quorum for the purpose of conducting
3142 council business and the action of a majority of a quorum constitutes the action of the council.
3143 (4) A member may not receive compensation or benefits for the member's service on
3144 the council, but may receive per diem and travel expenses in accordance with:
3145 (a) Sections 63A-3-106 and 63A-3-107; and
3146 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3147 (5) The office shall provide office space and administrative staff support for the
3148 council.
3149 (6) The council, as a governmental entity, has all the rights, privileges, and immunities
3150 of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
3151 and Public Meetings Act.
3152 Section 74. Section 63N-7-102 is amended to read:
3153 63N-7-102. Members -- Meetings -- Expenses.
3154 (1) (a) The board shall consist of 13 members appointed by the governor to four-year
3155 terms with the advice and consent of the Senate.
3156 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
3157 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3158 board members are staggered so that approximately half of the board is appointed every two
3159 years.
3160 (2) The members may not serve more than two full consecutive terms unless the
3161 governor determines that an additional term is in the best interest of the state.
3162 (3) Not more than seven members of the board may be of the same political party.
3163 (4) (a) The members shall be representative of:
3164 (i) all areas of the state with six being appointed from separate geographical areas as
3165 provided in Subsection (4)(b); and
3166 (ii) a diverse mix of business ownership or executive management of tourism related
3167 industries.
3168 (b) The geographical representatives shall be appointed as follows:
3169 (i) one member from Salt Lake, Tooele, or Morgan County;
3170 (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
3171 (iii) one member from Utah, Summit, Juab, or Wasatch County;
3172 (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
3173 (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
3174 (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
3175 (c) The tourism industry representatives of ownership or executive management shall
3176 be appointed as follows:
3177 (i) one member from ownership or executive management of the lodging industry, as
3178 recommended by the lodging industry for the governor's consideration;
3179 (ii) one member from ownership or executive management of the restaurant industry,
3180 as recommended by the restaurant industry for the governor's consideration;
3181 (iii) one member from ownership or executive management of the ski industry, as
3182 recommended by the ski industry for the governor's consideration; and
3183 (iv) one member from ownership or executive management of the motor vehicle rental
3184 industry, as recommended by the motor vehicle rental industry for the governor's consideration.
3185 (d) One member shall be appointed at large from ownership or executive management
3186 of business, finance, economic policy, or the academic media marketing community.
3187 (e) One member shall be appointed from the Utah Tourism Industry Coalition as
3188 recommended by the coalition for the governor's consideration.
3189 (f) One member shall be appointed to represent the state's counties as recommended by
3190 the Utah Association of Counties for the governor's consideration.
3191 (g) (i) The governor may choose to disregard a recommendation made for a board
3192 member under Subsections (4)(c), (e), and (f).
3193 (ii) The governor shall request additional recommendations if recommendations are
3194 disregarded under Subsection (4)(g)(i).
3195 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
3196 appointed for the unexpired term from the same geographic area or industry representation as
3197 the member whose office was vacated.
3198 (6) Seven members of the board constitute a quorum for conducting board business and
3199 exercising board powers.
3200 (7) The governor shall select one of the board members as chair and one of the board
3201 members as vice chair, each for a four-year term as recommended by the board for the
3202 governor's consideration.
3203 (8) A member may not receive compensation or benefits for the member's service, but
3204 may receive per diem and travel expenses in accordance with:
3205 (a) Section 63A-3-106;
3206 (b) Section 63A-3-107; and
3207 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3208 (9) The board shall meet monthly or as often as the board determines to be necessary at
3209 various locations throughout the state.
3210 (10) Members who may have a potential conflict of interest in consideration of fund
3211 allocation decisions shall identify the potential conflict prior to voting on the issue.
3212 (11) (a) The board shall determine attendance requirements for maintaining a
3213 designated board seat.
3214 (b) If a board member fails to attend according to the requirements established
3215 pursuant to Subsection (11)(a), the board member shall be replaced upon written certification
3216 from the board chair or vice chair to the governor.
3217 (c) A replacement appointed by the governor under Subsection (11)(b) shall serve for
3218 the remainder of the board member's unexpired term.
3219 (12) The board's office shall be in Salt Lake City.
3220 Section 75. Section 64-13-3 is amended to read:
3221 64-13-3. Executive director.
3222 (1) The executive director shall be appointed by the governor with the advice and
3223 consent of the Senate.
3224 (2) The executive director shall be experienced and knowledgeable in the field of
3225 corrections and shall have training in criminology and penology.
3226 (3) The governor shall establish the executive director's salary within the salary range
3227 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3228 Section 76. Section 67-1-1.5 is amended to read:
3229 67-1-1.5. Gubernatorial appointment powers.
3230 (1) As used in this section:
3231 (a) "Board member" means each gubernatorial appointee to any state board, committee,
3232 commission, council, or authority.
3233 (b) "Executive branch management position" includes department executive directors,
3234 division directors, and any other administrative position in state government where the person
3235 filling the position:
3236 (i) works full-time performing managerial and administrative functions;
3237 (ii) is appointed by the governor with the advice and consent of the Senate.
3238 (c) (i) "Executive branch policy position" means any person other than a person filling
3239 an executive branch management position, who is appointed by the governor with the advice
3240 and consent of the Senate.
3241 (ii) "Executive branch policy position" includes each member of any state board and
3242 commission appointed by the governor with the advice and consent of the Senate.
3243 (2) (a) Whenever a vacancy occurs in any executive branch policy position or in any
3244 executive branch management position, the governor shall submit the name of a nominee to the
3245 Senate for advice and consent no later than three months after the day on which the vacancy
3246 occurs.
3247 (b) If the Senate fails to consent to that person within 90 days after the day on which
3248 the governor submits the nominee's name to the Senate for consent:
3249 (i) the nomination is considered rejected; and
3250 (ii) the governor shall resubmit the name of the nominee described in Subsection (2)(a)
3251 or submit the name of a different nominee to the Senate for consent no later than 60 days after
3252 the date on which the nomination was rejected by the Senate.
3253 (3) (a) Whenever a vacancy occurs in any executive branch management position, the
3254 governor may either:
3255 (i) appoint an interim manager who meets the qualifications of the vacant position to
3256 exercise the powers and duties of the vacant position for three months, pending consent of a
3257 person to permanently fill that position by the Senate; or
3258 (ii) appoint an interim manager who does not meet the qualifications of the vacant
3259 position and submit that person's name to the Senate for consent as interim manager within one
3260 month of the appointment.
3261 (b) If the Senate fails to consent to the interim manager appointed under Subsection
3262 (3)(a)(ii) within 30 days after the day on which the governor submits the nominee's name to the
3263 Senate for consent:
3264 (i) the nomination is considered rejected; and
3265 (ii) the governor may:
3266 (A) (I) reappoint the interim manager to whom the Senate failed to consent within 30
3267 days; and
3268 (II) resubmit the name of the person described in Subsection (3)(b)(ii)(A)(I) to the
3269 Senate for consent as interim manager; or
3270 (B) appoint a different interim manager under Subsection (3)(a).
3271 (c) If, after an interim manager has served three months, no one has been appointed and
3272 received Senate consent to permanently fill the position, the governor shall:
3273 (i) appoint a new interim manager who meets the qualifications of the vacant position
3274 to exercise the powers and duties of the vacant position for three months; or
3275 (ii) submit the name of the first interim manager to the Senate for consent as an interim
3276 manager for a three-month term.
3277 (d) If the Senate fails to consent to a nominee whose name is submitted under
3278 Subsection (3)(c)(ii) within 30 days after the day on which the governor submits the name to
3279 the Senate:
3280 (i) the nomination is considered rejected; and
3281 (ii) the governor shall:
3282 (A) (I) reappoint the person described in Subsection (3)(d); and
3283 (II) resubmit the name of the person described in Subsection (3)(d) to the Senate for
3284 consent as interim manager; or
3285 (B) appoint a different interim manager in the manner required by Subsection (3)(a).
3286 (4) The governor may not make a temporary appointment to fill a vacant executive
3287 branch policy position.
3288 (5) (a) Before appointing any person to serve as a board member, the governor shall
3289 ask the person whether or not the person wishes to receive per diem, expenses, or both for
3290 serving as a board member.
3291 (b) If the person declines to receive per diem, expenses, or both, the governor shall
3292 notify the agency administering the board, commission, committee, council, or authority and
3293 direct the agency to implement the board member's request.
3294 (6) A gubernatorial nomination upon which the Senate has not acted to give consent or
3295 refuse to give consent is void when a vacancy in the office of governor occurs.
3296 Section 77. Section 67-1-2 is amended to read:
3297 67-1-2. Senate confirmation of gubernatorial nominees -- Verification of
3298 nomination requirements -- Consultation on appointments -- Notification of anticipated
3299 vacancies.
3300 [
3301
3302
3303 (1) Except as provided in Subsection (2), at least 30 days before the day of an
3304 extraordinary session of the Senate to confirm a gubernatorial nominee, the governor shall send
3305 to each member of the Senate and to the Office of Legislative Research and General Counsel
3306 the following information for each nominee:
3307 [
3308
3309 [
3310
3311 (a) the nominee's name and biographical information, including a resume and
3312 curriculum vitae;
3313 (b) a detailed list, with citations, of the legal requirements for the appointed position;
3314 (c) a detailed list with supporting documents explaining how, and verifying that, the
3315 nominee meets each statutory and constitutional requirement for the appointed position; and
3316 (d) a written certification by the governor that the nominee satisfies all requirements
3317 for the appointment.
3318 (2) (a) Subsection (1) does not apply to a judicial nominee.
3319 (b) A majority of the president of the Senate, the Senate majority leader, and the Senate
3320 minority leader may waive the 30-day requirement described in Subsection (1) for a
3321 gubernatorial nominee other than a nominee for the following:
3322 (i) the executive director of a department;
3323 (ii) the executive director of the Governor's Office of Economic Development;
3324 (iii) the executive director of the Labor Commission;
3325 (iv) a member of the State Tax Commission;
3326 (v) a member of the State Board of Education;
3327 (vi) a member of the State Board of Regents;
3328 (vii) a member of the Utah System of Technical Colleges Board of Trustees; or
3329 (viii) an individual:
3330 (A) whose appointment requires the advice and consent of the Senate; and
3331 (B) whom the governor designates as a member of the governor's cabinet.
3332 (3) The Senate shall hold a confirmation hearing for a nominee for an individual
3333 described in Subsection (2)(b)(i) through (viii).
3334 (4) The governor shall:
3335 (a) if the governor is aware of an upcoming vacancy in a position that requires Senate
3336 confirmation, provide notice of the upcoming vacancy to the president of the Senate, the Senate
3337 minority leader, and the Office of Legislative Research and General Counsel at least 30 days
3338 before the day on which the vacancy occurs; and
3339 (b) establish a process for government entities and other relevant organizations to
3340 provide input on gubernatorial appointments.
3341 [
3342 immediately provide to the president of the Senate and the Office of Legislative Research and
3343 General Counsel:
3344 (a) the name of the judicial appointee; and
3345 (b) the judicial appointee's:
3346 (i) resume;
3347 (ii) complete file of all the application materials the governor received from the
3348 Judicial Nominating Commission; and
3349 (iii) any other related documents, including any letters received by the governor about
3350 the appointee, unless the letter specifically directs that it may not be shared.
3351 [
3352 Legislative Research and General Counsel of the number of letters withheld pursuant to
3353 Subsection [
3354 [
3355 nominating commission shall be classified as private in accordance with Section 63G-2-302.
3356 (b) All other records received from the governor pursuant to this Subsection [
3357 may be classified as private in accordance with Section 63G-2-302.
3358 [
3359 judicial appointment.
3360 (9) A judicial nominating commission shall, at the time the judicial nominating
3361 commission certifies a list of the most qualified judicial applicants to the governor under
3362 Section 78A-10-104, submit the same list to the president of the Senate, the Senate minority
3363 leader, and the Office of Legislative Research and General Counsel.
3364 Section 78. Section 67-1-2.5 is amended to read:
3365 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
3366 (1) As used in this section:
3367 (a) "Administrator" means the boards and commissions administrator designated under
3368 Subsection (2).
3369 (b) "Executive board" means any executive branch board, commission, council,
3370 committee, working group, task force, study group, advisory group, or other body with a
3371 defined limited membership that is created to operate for more than six months by the
3372 constitution, by statute, by executive order, by the governor, lieutenant governor, attorney
3373 general, state auditor, or state treasurer or by the head of a department, division, or other
3374 administrative subunit of the executive branch of state government.
3375 (2) (a) Before September 1 of the calendar year following the year in which the
3376 Legislature creates a new executive board, the governor shall:
3377 (i) review the executive board to evaluate:
3378 (A) whether the executive board accomplishes a substantial governmental interest; and
3379 (B) whether it is necessary for the executive board to remain in statute;
3380 (ii) in the governor's review under Subsection (2)(a)(i), consider:
3381 (A) the funding required for the executive board;
3382 (B) the staffing resources required for the executive board;
3383 (C) the time members of the executive board are required to commit to serve on the
3384 executive board; and
3385 (D) whether the responsibilities of the executive board could reasonably be
3386 accomplished through an existing entity or without statutory direction; and
3387 (iii) submit a report to the Government Operations Interim Committee recommending
3388 that the Legislature:
3389 (A) repeal the executive board;
3390 (B) add a sunset provision or future repeal date to the executive board;
3391 (C) make other changes to make the executive board more efficient; or
3392 (D) make no changes to the executive board.
3393 (b) In conducting the evaluation and making the report described in Subsection (2)(a),
3394 the governor shall give deference to:
3395 (i) reducing the size of government; and
3396 (ii) making governmental programs more efficient and effective.
3397 (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
3398 Government Operations Interim Committee shall vote on whether to address the
3399 recommendations made by the governor in the report and prepare legislation accordingly.
3400 (3) (a) The governor shall designate a board and commissions administrator from the
3401 governor's staff to maintain a computerized database containing information about all
3402 executive boards.
3403 (b) The administrator shall ensure that the database contains:
3404 (i) the name of each executive board;
3405 (ii) the statutory or constitutional authority for the creation of the executive board;
3406 (iii) the sunset date on which each executive board's statutory authority expires;
3407 (iv) the state officer or department and division of state government under whose
3408 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
3409 (v) the name, address, gender, telephone number, and county of each individual
3410 currently serving on the executive board, along with a notation of all vacant or unfilled
3411 positions;
3412 (vi) the title of the position held by the person who appointed each member of the
3413 executive board;
3414 (vii) the length of the term to which each member of the executive board was
3415 appointed and the month and year that each executive board member's term expires;
3416 (viii) whether [
3417 and consent of the Senate;
3418 (ix) the organization, interest group, profession, local government entity, or geographic
3419 area that an individual appointed to an executive board represents, if any;
3420 (x) the party affiliation of an individual appointed to an executive board, if the statute
3421 or executive order creating the position requires representation from political parties;
3422 (xi) whether each executive board is a policy board or an advisory board;
3423 (xii) whether the executive board has or exercises rulemaking authority; and
3424 (xiii) any compensation and expense reimbursement that members of the executive
3425 board are authorized to receive.
3426 (4) The administrator shall place the following on the governor's website:
3427 (a) the information contained in the database;
3428 (b) each report the administrator receives under Subsection (5); and
3429 (c) the summary report described in Subsection (6).
3430 (5) (a) Before August 1 of each year, each executive board shall prepare and submit to
3431 the administrator an annual report that includes:
3432 (i) the name of the executive board;
3433 (ii) a description of the executive board's official function and purpose;
3434 (iii) a description of the actual work performed by the executive board since the last
3435 report the executive board submitted to the administrator under this Subsection (5);
3436 (iv) a description of actions taken by the executive board since the last report the
3437 executive board submitted to the administrator under this Subsection (5);
3438 (v) recommendations on whether any statutory, rule, or other changes are needed to
3439 make the executive board more effective; and
3440 (vi) an indication of whether the executive board should continue to exist.
3441 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
3442 to the governor's website before September 1 of each year.
3443 (c) An executive board is not required to submit a report under this Subsection (5) if
3444 the executive board:
3445 (i) is also a legislative board under Section 36-12-22; and
3446 (ii) submits a report under Section 36-12-22.
3447 (6) (a) The administrator shall prepare, publish, and distribute an annual report by
3448 September 1 of each year that includes:
3449 (i) as of August 1 of that year:
3450 (A) the total number of executive boards;
3451 (B) the name of each of those executive boards and the state officer or department and
3452 division of state government under whose jurisdiction the executive board operates or with
3453 which the executive board is affiliated, if any;
3454 (C) for each state officer and each department and division, the total number of
3455 executive boards under the jurisdiction of or affiliated with that officer, department, and
3456 division;
3457 (D) the total number of members for each of those executive boards;
3458 (E) whether or not some or all of the members of each of those executive boards are
3459 approved by the Senate;
3460 (F) whether each board is a policymaking board or an advisory board and the total
3461 number of policy boards and the total number of advisory boards; and
3462 (G) the compensation, if any, paid to the members of each of those executive boards;
3463 and
3464 (ii) a summary of the reports submitted to the administrator under Subsection (5),
3465 including:
3466 (A) a list of each executive board that submitted a report under Subsection (5);
3467 (B) a list of each executive board that did not submit a report under Subsection (5);
3468 (C) an indication of any recommendations made under Subsection (5)(a)(v); and
3469 (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the
3470 executive board should no longer exist.
3471 (b) The administrator shall distribute copies of the report described in Subsection (6)(a)
3472 to:
3473 (i) the governor;
3474 (ii) the president of the Senate;
3475 (iii) the speaker of the House;
3476 (iv) the Office of Legislative Research and General Counsel;
3477 (v) the Government Operations Interim Committee; and
3478 (vi) any other persons who request a copy of the annual report.
3479 (c) Each year, the Government Operations Interim Committee shall prepare legislation
3480 making any changes the committee determines are suitable with respect to the report the
3481 committee receives under Subsection (6)(b), including:
3482 (i) repealing an executive board that is no longer functional or necessary; and
3483 (ii) making appropriate changes to make an executive board more effective.
3484 Section 79. Section 67-1-3 is amended to read:
3485 67-1-3. Removal of gubernatorial appointee.
3486 (1) Any time during a recess of the Legislature, the governor may remove any
3487 gubernatorial appointee for official misconduct, habitual or willful neglect of duty, or for other
3488 good and sufficient cause.
3489 (2) If the appointment required the advice and consent of the Senate, the governor may
3490 fill the vacancy created by the removal by following the procedures and requirements of
3491 Section 67-1-1.5.
3492 Section 80. Section 67-1-5 is amended to read:
3493 67-1-5. Commissioning officers.
3494 The governor must commission all officers of the militia, and all officers appointed by
3495 the governor or by the governor with the advice and consent of the Senate.
3496 Section 81. Section 67-1a-2 is amended to read:
3497 67-1a-2. Duties enumerated.
3498 (1) The lieutenant governor shall:
3499 (a) perform duties delegated by the governor, including assignments to serve in any of
3500 the following capacities:
3501 (i) as the head of any one department, if so qualified, with the advice and consent of
3502 the Senate, and, upon appointment at the pleasure of the governor and without additional
3503 compensation;
3504 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
3505 law for the purpose of advising the governor or coordinating intergovernmental or
3506 interdepartmental policies or programs;
3507 (iii) as liaison between the governor and the state Legislature to coordinate and
3508 facilitate the governor's programs and budget requests;
3509 (iv) as liaison between the governor and other officials of local, state, federal, and
3510 international governments or any other political entities to coordinate, facilitate, and protect the
3511 interests of the state;
3512 (v) as personal advisor to the governor, including advice on policies, programs,
3513 administrative and personnel matters, and fiscal or budgetary matters; and
3514 (vi) as chairperson or member of any temporary or permanent boards, councils,
3515 commissions, committees, task forces, or other group appointed by the governor;
3516 (b) serve on all boards and commissions in lieu of the governor, whenever so
3517 designated by the governor;
3518 (c) serve as the chief election officer of the state as required by Subsection (2);
3519 (d) keep custody of the Great Seal of Utah;
3520 (e) keep a register of, and attest, the official acts of the governor;
3521 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
3522 which the official signature of the governor is required; and
3523 (g) furnish a certified copy of all or any part of any law, record, or other instrument
3524 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
3525 it and pays the fee.
3526 (2) (a) As the chief election officer, the lieutenant governor shall:
3527 (i) exercise general supervisory authority over all elections;
3528 (ii) exercise direct authority over the conduct of elections for federal, state, and
3529 multicounty officers and statewide or multicounty ballot propositions and any recounts
3530 involving those races;
3531 (iii) assist county clerks in unifying the election ballot;
3532 (iv) (A) prepare election information for the public as required by statute and as
3533 determined appropriate by the lieutenant governor; and
3534 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
3535 news media on the Internet and in other forms as required by statute or as determined
3536 appropriate by the lieutenant governor;
3537 (v) receive and answer election questions and maintain an election file on opinions
3538 received from the attorney general;
3539 (vi) maintain a current list of registered political parties as defined in Section
3540 20A-8-101;
3541 (vii) maintain election returns and statistics;
3542 (viii) certify to the governor the names of those persons who have received the highest
3543 number of votes for any office;
3544 (ix) ensure that all voting equipment purchased by the state complies with the
3545 requirements of Subsection 20A-5-302(2) and Sections 20A-5-802 and 20A-5-803;
3546 (x) conduct the study described in Section 67-1a-14;
3547 (xi) during a declared emergency, to the extent that the lieutenant governor determines
3548 it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
3549 relating to:
3550 (A) voting on election day;
3551 (B) early voting;
3552 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
3553 (D) the counting of an absentee ballot or military-overseas ballot; or
3554 (E) the canvassing of election returns; and
3555 (xii) perform other election duties as provided in Title 20A, Election Code.
3556 (b) As chief election officer, the lieutenant governor may not assume the
3557 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
3558 officials by Title 20A, Election Code.
3559 (3) (a) The lieutenant governor shall:
3560 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
3561 incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
3562 municipality's population using the population estimate from the Utah Population Committee;
3563 and
3564 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
3565 based on the municipality's population; and
3566 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3567 municipality's legislative body.
3568 (b) The lieutenant governor shall:
3569 (i) determine the classification under Section 10-2-301 of a consolidated municipality
3570 upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
3571 Consolidation of Municipalities, using population information from:
3572 (A) each official census or census estimate of the United States Bureau of the Census;
3573 or
3574 (B) the population estimate from the Utah Population Committee, if the population of a
3575 municipality is not available from the United States Bureau of the Census; and
3576 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
3577 belongs based on the municipality's population; and
3578 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3579 consolidated municipality's legislative body.
3580 (c) The lieutenant governor shall:
3581 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
3582 metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
3583 Townships and Unincorporated Islands in a County of the First Class on and after May 12,
3584 2015, based on the metro township's population using the population estimates from the Utah
3585 Population Committee; and
3586 (ii) prepare a certificate indicating the class in which the new metro township belongs
3587 based on the metro township's population and, within 10 days after preparing the certificate,
3588 deliver a copy of the certificate to the metro township's legislative body.
3589 (d) The lieutenant governor shall monitor the population of each municipality using
3590 population information from:
3591 (i) each official census or census estimate of the United States Bureau of the Census; or
3592 (ii) the population estimate from the Utah Population Committee, if the population of a
3593 municipality is not available from the United States Bureau of the Census.
3594 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
3595 municipality's population has increased beyond the population for its current class, the
3596 lieutenant governor shall:
3597 (i) prepare a certificate indicating the class in which the municipality belongs based on
3598 the increased population figure; and
3599 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3600 legislative body of the municipality whose class has changed.
3601 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
3602 municipality's population has decreased below the population for its current class, the
3603 lieutenant governor shall send written notification of that fact to the municipality's legislative
3604 body.
3605 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
3606 population has decreased below the population for its current class, the lieutenant governor
3607 shall:
3608 (A) prepare a certificate indicating the class in which the municipality belongs based
3609 on the decreased population figure; and
3610 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3611 legislative body of the municipality whose class has changed.
3612 Section 82. Section 67-19a-201 is amended to read:
3613 67-19a-201. Career Service Review Office created -- Appointment of an
3614 administrator -- Reporting -- Qualifications.
3615 (1) There is created a Career Service Review Office.
3616 (2) (a) The governor shall appoint, with the advice and consent of the Senate, an
3617 administrator of the office.
3618 (b) The administrator shall have demonstrated an ability to administer personnel
3619 policies in performing the duties specified in this chapter.
3620 Section 83. Section 68-4-5 is amended to read:
3621 68-4-5. Creation -- Members -- Terms.
3622 (1) There is established the "Utah Commission on Uniform State Laws," which
3623 consists of members of the Utah State Bar who are appointed as commissioners to the National
3624 Conference of Commissioners on Uniform State Laws as follows:
3625 (a) one commissioner, appointed by the governor with the advice and consent of the
3626 Senate, who shall be a member of the Senate at the time of appointment;
3627 (b) one commissioner, appointed by the governor with the advice and consent of the
3628 Senate, who shall be a member of the House of Representatives at the time of appointment;
3629 (c) two commissioners, appointed by the governor with the advice and consent of the
3630 Senate, who shall be active members of the Utah State Bar;
3631 (d) one commissioner who is the Legislature's general counsel or, alternatively, an
3632 attorney from the Office of Legislative Research and General Counsel who is appointed by the
3633 general counsel;
3634 (e) any commissioner that has previously served as a member of the commission and
3635 has been elected as a life member of the National Conference of Commissioners on Uniform
3636 State Laws according to the conference's constitution, bylaws, and rules of procedure; and
3637 (f) up to one associate commissioner, appointed by the Legislature's general counsel,
3638 who is an attorney from the Office of Legislative Research and General Counsel.
3639 (2) Commissioners appointed by the governor shall be appointed for four-year terms
3640 commencing on the date of their confirmation by the Senate.
3641 (3) A commissioner continues to serve:
3642 (a) unless the commissioner dies or resigns;
3643 (b) unless the commissioner ceases to be a member of the Utah State Bar in good
3644 standing; or
3645 (c) (i) for a commissioner appointed by the governor and notwithstanding expiration of
3646 the commissioner's term under Subsection (2), until the governor:
3647 (A) reappoints the commissioner to a new term; or
3648 (B) appoints a successor commissioner;
3649 (ii) for the general counsel, until the general counsel ceases to serve as general counsel
3650 or appoints an attorney to serve in the general counsel's place;
3651 (iii) for a commissioner appointed to serve in the place of the general counsel, until the
3652 general counsel chooses to serve as a commissioner or appoints a successor commissioner; or
3653 (iv) for an associate commissioner, until the general counsel appoints a successor
3654 commissioner or elects not to fill the position of associate commissioner.
3655 Section 84. Section 68-4-6 is amended to read:
3656 68-4-6. Vacancies.
3657 (1) For a commissioner who serves in a governor-appointed position described in
3658 Subsection 68-4-5(1)(a), (b), or (c):
3659 (a) the office of a commissioner becomes vacant and the governor, with the advice and
3660 consent of the Senate, shall immediately appoint a new commissioner upon the
3661 commissioner's:
3662 (i) death;
3663 (ii) resignation; or
3664 (iii) failure to be a member of the Utah State Bar in good standing; and
3665 (b) the governor may, with the advice and consent of the Senate, appoint a new
3666 commissioner or, as applicable, reappoint the current commissioner, provided that the current
3667 commissioner meets the requirements for appointment, after any of the following events:
3668 (i) the commissioner's failure to actively serve as commissioner;
3669 (ii) the commissioner's refusal to serve as commissioner;
3670 (iii) expiration of the commissioner's term;
3671 (iv) the commissioner's appointment to another position on the commission; or
3672 (v) the commissioner's election as a life member of the National Conference of
3673 Commissioners on Uniform State Laws.
3674 (2) (a) The commissioner who is the Legislature's general counsel shall serve only
3675 while acting as the Legislature's general counsel.
3676 (b) A commissioner who is serving as an appointee of the Legislature's general counsel
3677 shall serve at the will of the general counsel.
3678 Section 85. Section 72-1-202 is amended to read:
3679 72-1-202. Executive director of department -- Appointment -- Qualifications --
3680 Term -- Responsibility -- Power to bring suits -- Salary.
3681 (1) (a) The governor, with the advice and consent of the Senate, shall appoint an
3682 executive director to be the chief executive officer of the department.
3683 (b) The executive director shall be a registered professional engineer and qualified
3684 executive with technical and administrative experience and training appropriate for the
3685 position.
3686 (c) The executive director shall remain in office until a successor is appointed.
3687 (d) The executive director may be removed by the governor.
3688 (2) In addition to the other functions, powers, duties, rights, and responsibilities
3689 prescribed in this chapter, the executive director shall:
3690 (a) have responsibility for the administrative supervision of the state transportation
3691 systems and the various operations of the department;
3692 (b) have the responsibility for the implementation of rules, priorities, and policies
3693 established by the department and the commission;
3694 (c) have the responsibility for the oversight and supervision of any transportation
3695 project for which state funds are expended;
3696 (d) have full power to bring suit in courts of competent jurisdiction in the name of the
3697 department as the executive director considers reasonable and necessary for the proper
3698 attainment of the goals of this chapter;
3699 (e) receive a salary, to be established by the governor within the salary range fixed by
3700 the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
3701 traveling expenses while away from the executive director's office on official business;
3702 (f) purchase all equipment, services, and supplies necessary to achieve the department's
3703 functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
3704 (g) have the responsibility to determine whether a purchase from, contribution to, or
3705 other participation with a public entity or association of public entities in a pooled fund
3706 program to acquire, develop, or share information, data, reports, or other services related to the
3707 department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
3708 Code;
3709 (h) have responsibility for administrative supervision of the Comptroller Division, the
3710 Internal Audit Division, and the Communications Division; and
3711 (i) appoint assistants, to serve at the discretion of the executive director, to administer
3712 the divisions of the department.
3713 (3) The executive director may employ other assistants and advisers as the executive
3714 director finds necessary and fix salaries in accordance with the salary standards adopted by the
3715 Department of Human Resource Management.
3716 Section 86. Section 72-1-301 is amended to read:
3717 72-1-301. Transportation Commission created -- Members, appointment, terms --
3718 Qualifications -- Pay and expenses -- Chair -- Quorum.
3719 (1) (a) There is created the Transportation Commission which shall consist of seven
3720 members.
3721 (b) The members of the commission shall be residents of Utah.
3722 (c) The members of the commission shall be selected on a nonpartisan basis.
3723 (d) (i) The commissioners shall be appointed by the governor, with the advice and
3724 consent of the Senate, for a term of six years, beginning on April 1 of odd-numbered years,
3725 except as provided under Subsection (1)(d)(ii).
3726 (ii) The first two additional commissioners serving on the seven member commission
3727 shall be appointed for terms of two years nine months and four years nine months, respectively,
3728 initially commencing on July 1, 1996, and subsequently commencing as specified under
3729 Subsection (1)(d)(i).
3730 (e) The commissioners serve on a part-time basis.
3731 (f) Each commissioner shall remain in office until a successor is appointed and
3732 qualified.
3733 (2) (a) Except as provided in Subsection (2)(b), the selection of the commissioners
3734 shall be as follows:
3735 (i) one commissioner from Box Elder, Cache, or Rich county;
3736 (ii) one commissioner from Salt Lake or Tooele county;
3737 (iii) one commissioner from Carbon, Emery, Grand, or San Juan county;
3738 (iv) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete,
3739 Sevier, Washington, or Wayne county;
3740 (v) one commissioner from Weber, Davis, or Morgan county;
3741 (vi) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or
3742 Daggett county; and
3743 (vii) one commissioner selected from the state at large.
3744 (b) Beginning with the appointment of commissioners on or after July 1, 2009 and
3745 subject to the restriction in Subsection (2)(d), the selection of commissioners shall be as
3746 follows:
3747 (i) four commissioners with one commissioner selected from each of the four regions
3748 established by the department; and
3749 (ii) subject to the restriction in Subsection (2)(c), three commissioners selected from
3750 the state at large.
3751 (c) (i) At least one of the three commissioners appointed under Subsection (2)(b)(ii)
3752 shall be selected from a rural county.
3753 (ii) For purposes of this Subsection (2)(c), a rural county includes a county of the third,
3754 fourth, fifth, or sixth class.
3755 (d) No more than two commissioners appointed under Subsection (2)(b) may be
3756 selected from any one of the four regions established by the department.
3757 (3) A member may not receive compensation or benefits for the member's service, but
3758 may receive per diem and travel expenses in accordance with:
3759 (a) Section 63A-3-106;
3760 (b) Section 63A-3-107; and
3761 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3762 63A-3-107.
3763 (4) (a) One member of the commission shall be designated by the governor as chair.
3764 (b) The commission shall select one member as vice chair to act in the chair's absence.
3765 (5) Any four commissioners constitute a quorum.
3766 (6) Each member of the commission shall qualify by taking the constitutional oath of
3767 office.
3768 (7) For the purposes of Section 63J-1-504, the commission is not considered an
3769 agency.
3770 Section 87. Section 73-2-1 is amended to read:
3771 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
3772 (1) There shall be a state engineer.
3773 (2) The state engineer shall:
3774 (a) be appointed by the governor with the advice and consent of the Senate;
3775 (b) hold office for the term of four years and until a successor is appointed; and
3776 (c) have five years experience as a practical engineer or the theoretical knowledge,
3777 practical experience, and skill necessary for the position.
3778 (3) (a) The state engineer shall be responsible for the general administrative
3779 supervision of the waters of the state and the measurement, appropriation, apportionment, and
3780 distribution of those waters.
3781 (b) The state engineer may secure the equitable apportionment and distribution of the
3782 water according to the respective rights of appropriators.
3783 (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
3784 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
3785 regarding:
3786 (a) reports of water right conveyances;
3787 (b) the construction of water wells and the licensing of water well drillers;
3788 (c) dam construction and safety;
3789 (d) the alteration of natural streams;
3790 (e) geothermal resource conservation;
3791 (f) enforcement orders and the imposition of fines and penalties; and
3792 (g) the duty of water.
3793 (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
3794 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
3795 governing:
3796 (a) water distribution systems and water commissioners;
3797 (b) water measurement and reporting;
3798 (c) groundwater recharge and recovery;
3799 (d) wastewater reuse;
3800 (e) the form, content, and processing procedure for a claim under Section 73-5-13 to
3801 surface or underground water that is not represented by a certificate of appropriation;
3802 (f) the form and content of a proof submitted to the state engineer under Section
3803 73-3-16;
3804 (g) the determination of water rights; or
3805 (h) the form and content of applications and related documents, maps, and reports.
3806 (6) The state engineer may bring suit in courts of competent jurisdiction to:
3807 (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
3808 water without first seeking redress through the administrative process;
3809 (b) prevent theft, waste, loss, or pollution of those waters;
3810 (c) enable him to carry out the duties of the state engineer's office; and
3811 (d) enforce administrative orders and collect fines and penalties.
3812 (7) The state engineer may:
3813 (a) upon request from the board of trustees of an irrigation district under Title 17B,
3814 Chapter 2a, Part 5, Irrigation District Act, or another local district under Title 17B, Limited
3815 Purpose Local Government Entities - Local Districts, or a special service district under Title
3816 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a
3817 water survey to be made of all lands proposed to be annexed to the district in order to
3818 determine and allot the maximum amount of water that could be beneficially used on the land,
3819 with a separate survey and allotment being made for each 40-acre or smaller tract in separate
3820 ownership; and
3821 (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
3822 district board a return of the survey and report of the allotment.
3823 (8) (a) The state engineer may establish water distribution systems and define their
3824 boundaries.
3825 (b) The water distribution systems shall be formed in a manner that:
3826 (i) secures the best protection to the water claimants; and
3827 (ii) is the most economical for the state to supervise.
3828 Section 88. Section 73-10-2 is amended to read:
3829 73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
3830 Vacancies.
3831 (1) (a) The Board of Water Resources shall be comprised of eight members to be
3832 appointed by the governor with the advice and consent of the Senate.
3833 (b) In addition to the requirements of Section 79-2-203, not more than four members
3834 shall be from the same political party.
3835 (2) One member of the board shall be appointed from each of the following districts:
3836 (a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
3837 (b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
3838 (c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
3839 (d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
3840 (e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
3841 and Wayne;
3842 (f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
3843 (g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand,
3844 and San Juan; and
3845 (h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron,
3846 Washington, and Kane.
3847 (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
3848 four years.
3849 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
3850 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3851 board members are staggered so that approximately half of the board is appointed every two
3852 years.
3853 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
3854 appointed for the unexpired term with the advice and consent of the Senate and shall be from
3855 the same district as such person.
3856 (4) A member may not receive compensation or benefits for the member's service, but
3857 may receive per diem and travel expenses in accordance with:
3858 (a) Section 63A-3-106;
3859 (b) Section 63A-3-107; and
3860 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3861 63A-3-107.
3862 Section 89. Section 73-30-201 is amended to read:
3863 73-30-201. Advisory council created -- Staffing -- Per diem and travel expenses.
3864 (1) There is created an advisory council known as the "Great Salt Lake Advisory
3865 Council" consisting of 11 members listed in Subsection (2).
3866 (2) (a) The governor shall appoint the following members, with the advice and consent
3867 of the Senate:
3868 (i) one representative of industry representing the extractive industry;
3869 (ii) one representative of industry representing aquaculture;
3870 (iii) one representative of conservation interests;
3871 (iv) one representative of a migratory bird protection area as defined in Section
3872 23-28-102;
3873 (v) one representative who is an elected official from municipal government, or the
3874 elected official's designee;
3875 (vi) five representatives who are elected officials from county government, or the
3876 elected official's designee, one each representing:
3877 (A) Box Elder County;
3878 (B) Davis County;
3879 (C) Salt Lake County;
3880 (D) Tooele County; and
3881 (E) Weber County; and
3882 (vii) one representative of a publicly owned treatment works.
3883 (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
3884 term.
3885 (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
3886 the governor shall adjust the length of terms of voting members to ensure that the terms of
3887 council members are staggered so that approximately half of the council is appointed every two
3888 years.
3889 (c) When a vacancy occurs in the membership for any reason, the governor shall
3890 appoint a replacement for the unexpired term with the advice and consent of the Senate.
3891 (d) A member shall hold office until the member's successor is appointed and qualified.
3892 (4) The council shall determine:
3893 (a) the time and place of meetings; and
3894 (b) any other procedural matter not specified in this chapter.
3895 (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
3896 (b) A vote of the majority of the members present at a meeting when a quorum is
3897 present constitutes an action of the council.
3898 (6) A member may not receive compensation or benefits for the member's service, but
3899 may receive per diem and travel expenses in accordance with:
3900 (a) Section 63A-3-106;
3901 (b) Section 63A-3-107; and
3902 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3903 63A-3-107.
3904 (7) The Department of Natural Resources and the Department of Environmental
3905 Quality shall coordinate and provide necessary staff assistance to the council.
3906 Section 90. Section 77-5-6 is amended to read:
3907 77-5-6. Suspension on filing articles -- Vacancy, how filled.
3908 When articles of impeachment are presented to the Senate, and the officer has been
3909 served with a copy of the articles, [
3910 office and may not exercise [
3911 Upon the suspension of any officer, other than the governor, or a justice or judge of a court of
3912 record, [
3913 with the advice and consent of the Senate, until the acquittal of the party impeached, or, in the
3914 case of [
3915 law.
3916 Section 91. Section 77-27-2 is amended to read:
3917 77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
3918 (1) There is created the Board of Pardons and Parole. The board shall consist of five
3919 full-time members and not more than five pro tempore members to be appointed by the
3920 governor with the advice and consent of the Senate as provided in this section. The members
3921 of the board shall be resident citizens of the state. The governor shall establish salaries for the
3922 members of the board within the salary range fixed by the Legislature in Title 67, Chapter 22,
3923 State Officer Compensation.
3924 (2) (a) (i) The full-time board members shall serve terms of five years. The terms of
3925 the full-time members shall be staggered so one board member is appointed for a term of five
3926 years on March 1 of each year.
3927 (ii) The pro tempore members shall serve terms of five years, beginning on March 1 of
3928 the year of appointment, with no more than one pro tempore member term beginning or
3929 expiring in the same calendar year. If a pro tempore member vacancy occurs, the board may
3930 submit the names of not fewer than three or more than five persons to the governor for
3931 appointment to fill the vacancy.
3932 (b) All vacancies occurring on the board for any cause shall be filled by the governor
3933 with the advice and consent of the Senate pursuant to this section for the unexpired term of the
3934 vacating member.
3935 (c) The governor may at any time remove any member of the board for inefficiency,
3936 neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
3937 (d) A member of the board may not hold any other office in the government of the
3938 United States, this state or any other state, or of any county government or municipal
3939 corporation within a state. A member may not engage in any occupation or business
3940 inconsistent with the member's duties.
3941 (e) A majority of the board constitutes a quorum for the transaction of business,
3942 including the holding of hearings at any time or any location within or without the state, or for
3943 the purpose of exercising any duty or authority of the board. Action taken by a majority of the
3944 board regarding whether parole, pardon, commutation, termination of sentence, or remission of
3945 fines or forfeitures may be granted or restitution ordered in individual cases is deemed the
3946 action of the board. A majority vote of the five full-time members of the board is required for
3947 adoption of rules or policies of general applicability as provided by statute. However, a
3948 vacancy on the board does not impair the right of the remaining board members to exercise any
3949 duty or authority of the board as long as a majority of the board remains.
3950 (f) Any investigation, inquiry, or hearing that the board has authority to undertake or
3951 hold may be conducted by any board member or an examiner appointed by the board. When
3952 any of these actions are approved and confirmed by the board and filed in its office, they are
3953 considered to be the action of the board and have the same effect as if originally made by the
3954 board.
3955 (g) When a full-time board member is absent or in other extraordinary circumstances
3956 the chair may, as dictated by public interest and efficient administration of the board, assign a
3957 pro tempore member to act in the place of a full-time member. Pro tempore members shall
3958 receive a per diem rate of compensation as established by the Division of Finance and all actual
3959 and necessary expenses incurred in attending to official business.
3960 (h) The chair may request staff and administrative support as necessary from the
3961 Department of Corrections.
3962 (3) (a) Except as provided in Subsection (3)(b), the Commission on Criminal and
3963 Juvenile Justice shall:
3964 (i) recommend five applicants to the governor for a full-time member appointment to
3965 the Board of Pardons and Parole; and
3966 (ii) consider applicants' knowledge of the criminal justice system, state and federal
3967 criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
3968 (b) The procedures and requirements of Subsection (3)(a) do not apply if the governor
3969 appoints a sitting board member to a new term of office.
3970 (4) (a) The board shall appoint an individual to serve as its mental health adviser and
3971 may appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77,
3972 Chapter 16a, Commitment and Treatment of Persons with a Mental Illness. The adviser shall
3973 prepare reports and recommendations to the board on all persons adjudicated as guilty with a
3974 mental illness, in accordance with Title 77, Chapter 16a, Commitment and Treatment of
3975 Persons with a Mental Illness.
3976 (b) The mental health adviser shall possess the qualifications necessary to carry out the
3977 duties imposed by the board and may not be employed by the Department of Corrections or the
3978 Utah State Hospital.
3979 (i) The Board of Pardons and Parole may review outside employment by the mental
3980 health advisor.
3981 (ii) The Board of Pardons and Parole shall develop rules governing employment with
3982 entities other than the board by the mental health advisor for the purpose of prohibiting a
3983 conflict of interest.
3984 (c) The mental health adviser shall:
3985 (i) act as liaison for the board with the Department of Human Services and local mental
3986 health authorities;
3987 (ii) educate the members of the board regarding the needs and special circumstances of
3988 persons with a mental illness in the criminal justice system;
3989 (iii) in cooperation with the Department of Corrections, monitor the status of persons
3990 in the prison who have been found guilty with a mental illness;
3991 (iv) monitor the progress of other persons under the board's jurisdiction who have a
3992 mental illness;
3993 (v) conduct hearings as necessary in the preparation of reports and recommendations;
3994 and
3995 (vi) perform other duties as assigned by the board.
3996 Section 92. Section 78A-11-103 is amended to read:
3997 78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies --
3998 Voting -- Power of chair.
3999 (1) The membership of the commission consists of the following 11 members:
4000 (a) two members of the House of Representatives to be appointed by the speaker of the
4001 House of Representatives for a four-year term, not more than one of whom may be of the same
4002 political party as the speaker;
4003 (b) two members of the Senate to be appointed by the president of the Senate for a
4004 four-year term, not more than one of whom may be of the same political party as the president;
4005 (c) two members of, and in good standing with, the Utah State Bar, who shall be
4006 appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
4007 reside in the same judicial district;
4008 (d) three persons not members of the Utah State Bar, who shall be appointed by the
4009 governor, with the advice and consent of the Senate, for four-year terms, not more than two of
4010 whom may be of the same political party as the governor; and
4011 (e) two judges to be appointed by a majority of the Utah Supreme Court for a four-year
4012 term, neither of whom may:
4013 (i) be a member of the Utah Supreme Court;
4014 (ii) serve on the same level of court as the other; and
4015 (iii) if trial judges, serve primarily in the same judicial district as the other.
4016 (2) (a) The terms of the members shall be staggered so that approximately half of the
4017 commission expires every two years.
4018 (b) Members of the commission may not serve longer than eight years.
4019 (3) The commission shall establish guidelines and procedures for the disqualification
4020 of any member from consideration of any matter. A judge who is a member of the commission
4021 or the Supreme Court may not participate in any proceedings involving the judge's own
4022 removal or retirement.
4023 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
4024 be appointed by the appointing authority for that position for the unexpired term.
4025 (b) If the appointing authority fails to appoint a replacement, the commissioners who
4026 have been appointed may act as a commission under all the provisions of this section.
4027 (5) Six members of the commission shall constitute a quorum. Any action of a
4028 majority of the quorum constitutes the action of the commission.
4029 (6) (a) At each commission meeting, the chair and executive director shall schedule all
4030 complaints to be heard by the commission and present any information from which a
4031 reasonable inference can be drawn that a judge has committed misconduct so that the
4032 commission may determine by majority vote of a quorum whether the executive director shall
4033 draft a written complaint in accordance with Subsection 78A-11-102(2)(b).
4034 (b) The chair and executive director may not act to dismiss any complaint without a
4035 majority vote of a quorum of the commission.
4036 (7) It is the responsibility of the chair and the executive director to ensure that the
4037 commission complies with the procedures of the commission.
4038 (8) The chair shall be nonvoting except in the case of a tie vote.
4039 (9) The chair shall be allowed the actual expenses of secretarial services, the expenses
4040 of services for either a court reporter or a transcriber of electronic tape recordings, and other
4041 necessary administrative expenses incurred in the performance of the duties of the commission.
4042 (10) Upon a majority vote of the quorum, the commission may:
4043 (a) employ an executive director, legal counsel, investigators, and other staff to assist
4044 the commission; and
4045 (b) incur other reasonable and necessary expenses within the authorized budget of the
4046 commission and consistent with the duties of the commission.
4047 (11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
4048 Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
4049 Section 93. Section 78B-22-402 is amended to read:
4050 78B-22-402. Commission members -- Member qualifications -- Terms -- Vacancy.
4051 (1) The commission is composed of 15 voting members and one ex officio, nonvoting
4052 member.
4053 (a) The governor, with the advice and consent of the Senate, shall appoint the
4054 following 13 voting members:
4055 (i) two practicing criminal defense attorneys recommended by the Utah Association of
4056 Criminal Defense Lawyers;
4057 (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
4058 Association of Criminal Defense Lawyers;
4059 (iii) an attorney representing minority interests recommended by the Utah Minority Bar
4060 Association;
4061 (iv) one member recommended by the Utah Association of Counties from a county of
4062 the first or second class;
4063 (v) one member recommended by the Utah Association of Counties from a county of
4064 the third through sixth class;
4065 (vi) a director of a county public defender organization recommended by the Utah
4066 Association of Criminal Defense Lawyers;
4067 (vii) two members recommended by the Utah League of Cities and Towns from its
4068 membership;
4069 (viii) a retired judge recommended by the Judicial Council;
4070 (ix) one attorney practicing in the area of parental defense, recommended by an entity
4071 funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and
4072 (x) two members of the Utah Legislature, one from the House of Representatives and
4073 one from the Senate, selected jointly by the Speaker of the House and President of the Senate.
4074 (b) The Judicial Council shall appoint a voting member from the Administrative Office
4075 of the Courts.
4076 (c) The executive director of the State Commission on Criminal and Juvenile Justice or
4077 the executive director's designee is a voting member of the commission.
4078 (d) The director of the commission, appointed under Section 78B-22-403, is an ex
4079 officio, nonvoting member of the commission.
4080 (2) A member appointed by the governor shall serve a four-year term, except as
4081 provided in Subsection (3).
4082 (3) The governor shall stagger the initial terms of appointees so that approximately half
4083 of the members appointed by the governor are appointed every two years.
4084 (4) A member appointed to the commission shall have significant experience in
4085 indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
4086 have otherwise demonstrated a strong commitment to providing effective representation in
4087 indigent defense services.
4088 (5) A person who is currently employed solely as a criminal prosecuting attorney may
4089 not serve as a member of the commission .
4090 (6) A commission member shall hold office until the member's successor is appointed.
4091 (7) The commission may remove a member for incompetence, dereliction of duty,
4092 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
4093 (8) If a vacancy occurs in the membership for any reason, a replacement shall be
4094 appointed for the remaining unexpired term in the same manner as the original appointment.
4095 (9) The commission shall annually elect a chair from the commission's membership to
4096 serve a one-year term. A commission member may not serve as chair of the commission for
4097 more than three consecutive terms.
4098 (10) A member may not receive compensation or benefits for the member's service, but
4099 may receive per diem and travel expenses in accordance with:
4100 (a) Section 63A-3-106;
4101 (b) Section 63A-3-107; and
4102 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4103 63A-3-107.
4104 (11) (a) A majority of the members of the commission constitutes a quorum.
4105 (b) If a quorum is present, the action of a majority of the voting members present
4106 constitutes the action of the commission.
4107 Section 94. Section 79-2-202 is amended to read:
4108 79-2-202. Executive director -- Appointment -- Removal -- Compensation --
4109 Responsibilities.
4110 (1) (a) The chief administrative officer of the department is an executive director
4111 appointed by the governor with the advice and consent of the Senate.
4112 (b) The executive director may be removed at the will of the governor.
4113 (c) The executive director shall receive a salary established by the governor within the
4114 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
4115 (2) The executive director shall:
4116 (a) administer and supervise the department and provide for coordination and
4117 cooperation among the boards, divisions, councils, and committees of the department;
4118 (b) approve the budget of each board and division;
4119 (c) participate in regulatory proceedings as appropriate for the functions and duties of
4120 the department;
4121 (d) report at the end of each fiscal year to the governor on department, board, and
4122 division activities;
4123 (e) ensure that any training or certification required of a public official or public
4124 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
4125 22, State Training and Certification Requirements, if the training or certification is required:
4126 (i) under this title;
4127 (ii) by the department; or
4128 (iii) by an agency or division within the department; and
4129 (f) perform other duties as provided by statute.
4130 (3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
4131 Funds Procedures Act, the executive director, may accept an executive or legislative provision
4132 that is enacted by the federal government, whereby the state may participate in the distribution,
4133 disbursement, or administration of a fund or service from the federal government for purposes
4134 consistent with the powers and duties of the department.
4135 (4) (a) The executive director, in cooperation with the governmental entities having
4136 policymaking authority regarding natural resources, may engage in studies and comprehensive
4137 planning for the development and conservation of the state's natural resources.
4138 (b) The executive director shall submit any plan to the governor for review and
4139 approval.
4140 Section 95. Section 79-3-302 is amended to read:
4141 79-3-302. Members of board -- Qualifications and appointment -- Vacancies --
4142 Organization -- Meetings -- Financial gain prohibited -- Expenses.
4143 (1) The board consists of seven members appointed by the governor, with the advice
4144 and consent of the Senate.
4145 (2) In addition to the requirements of Section 79-2-203, the members shall have the
4146 following qualifications:
4147 (a) one member knowledgeable in the field of geology as applied to the practice of civil
4148 engineering;
4149 (b) four members knowledgeable and representative of various segments of the mineral
4150 industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial minerals;
4151 (c) one member knowledgeable of the economic or scientific interests of the mineral
4152 industry in the state; and
4153 (d) one member who is interested in the goals of the survey and from the public at
4154 large.
4155 (3) The director of the School and Institutional Trust Lands Administration is an ex
4156 officio member of the board but without any voting privileges.
4157 (4) (a) Except as required by Subsection (4)(b), members are appointed for terms of
4158 four years.
4159 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
4160 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4161 board members are staggered so that approximately half of the board is appointed every two
4162 years.
4163 (c) No more than four members may be of the same political party.
4164 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
4165 appointed for the unexpired term by the governor with the advice and consent of the Senate.
4166 (5) The board shall select from its members a chair and such officers and committees
4167 as it considers necessary.
4168 (6) (a) The board shall hold meetings at least quarterly on such dates as may be set by
4169 its chair.
4170 (b) Special meetings may be held upon notice of the chair or by a majority of its
4171 members.
4172 (c) A majority of the members of the board present at a meeting constitutes a quorum
4173 for the transaction of business.
4174 (7) Members of the board may not obtain financial gain by reason of information
4175 obtained during the course of their official duties.
4176 (8) A member may not receive compensation or benefits for the member's service, but
4177 may receive per diem and travel expenses in accordance with:
4178 (a) Section 63A-3-106;
4179 (b) Section 63A-3-107; and
4180 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4181 63A-3-107.
4182 Section 96. Section 79-4-302 is amended to read:
4183 79-4-302. Board appointment and terms of members -- Expenses.
4184 (1) (a) The board is composed of nine members appointed by the governor, with the
4185 advice and consent of the Senate, to four-year terms.
4186 (b) In addition to the requirements of Section 79-2-203, the governor shall:
4187 (i) appoint one member from each judicial district and one member from the public at
4188 large;
4189 (ii) ensure that not more than five members are from the same political party; and
4190 (iii) appoint persons who have an understanding of and demonstrated interest in parks
4191 and recreation.
4192 (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
4193 adjust the length of terms to ensure that the terms of board members are staggered so that
4194 approximately half of the board is appointed every two years.
4195 (2) When vacancies occur because of death, resignation, or other cause, the governor,
4196 with the advice and consent of the Senate, shall:
4197 (a) appoint a person to complete the unexpired term of the person whose office was
4198 vacated; and
4199 (b) if the person was appointed from a judicial district, appoint the replacement from
4200 the judicial district from which the person whose office has become vacant was appointed.
4201 (3) The board shall appoint its chair from its membership.
4202 (4) A member may not receive compensation or benefits for the member's service, but
4203 may receive per diem and travel expenses in accordance with:
4204 (a) Section 63A-3-106;
4205 (b) Section 63A-3-107; and
4206 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4207 63A-3-107.