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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 This bill provides coordination clauses.
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 Utah Code Sections Affected by Coordination Clause:
131 53B-1-404, Utah Code Annotated 1953
132 67-1-2, as last amended by Laws of Utah 2008, Chapter 382
133
134 Be it enacted by the Legislature of the state of Utah:
135 Section 1. Section 4-2-104 is amended to read:
136 4-2-104. Administration by commissioner.
137 (1) Administration of the department is under the direction, control, and management
138 of a commissioner appointed by the governor with the advice and consent of the Senate.
139 (2) The commissioner shall serve at the pleasure of the governor.
140 (3) The governor shall establish the commissioner's compensation within the salary
141 range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
142 Section 2. Section 4-18-104 is amended to read:
143 4-18-104. Conservation Commission created -- Composition -- Appointment --
144 Terms -- Compensation -- Attorney general to provide legal assistance.
145 (1) There is created within the department the Conservation Commission to perform
146 the functions specified in this chapter.
147 (2) The Conservation Commission shall be composed of:
148 (a) 11 voting members, including:
149 (i) the director of the Extension Service at Utah State University or the director's
150 designee;
151 (ii) the executive director of the Department of Natural Resources or the executive
152 director's designee;
153 (iii) the executive director of the Department of Environmental Quality or the
154 executive director's designee;
155 (iv) the president of the County Weed Supervisors Association or the president's
156 designee; and
157 (v) seven district supervisors who provide district representation on the commission on
158 a multicounty basis; and
159 (b) the commissioner or the commissioner's designee.
160 (3) If a district supervisor is unable to attend a meeting, the district supervisor may
161 designate an alternate to serve in the place of the district supervisor for that meeting.
162 (4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an
163 association that represents a conservation district.
164 (5) (a) The commissioner or the commissioner's designee shall serve as chair of the
165 Conservation Commission.
166 (b) The commissioner or the commissioner's designee may not vote except in the event
167 of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding
168 vote.
169 (6) The members of the commission specified in Subsection (2)(a)(v) shall:
170 (a) be recommended by the commission to the governor; and
171 (b) be appointed by the governor with the advice and consent of the Senate.
172 (7) (a) Except as required by Subsection (7)(b), as terms of current commission
173 members expire, the governor shall appoint each new member or reappointed member to a
174 four-year term.
175 (b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the
176 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
177 commission members are staggered so that approximately half of the commission is appointed
178 every two years.
179 (c) A commission member may not be appointed to more than two consecutive terms.
180 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
181 appointed for the unexpired term.
182 (9) Attendance of six voting members of the commission at a meeting constitutes a
183 quorum.
184 (10) A member may not receive compensation or benefits for the member's service, but
185 may receive per diem and travel expenses in accordance with:
186 (a) Section 63A-3-106;
187 (b) Section 63A-3-107; and
188 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
189 63A-3-107.
190 (11) The commission shall keep a record of the commission's actions.
191 (12) The attorney general shall provide legal services to the commission upon request.
192 Section 3. Section 7-1-202 is amended to read:
193 7-1-202. Commissioner of financial institutions as executive officer --
194 Appointment -- Term -- Salary -- Qualifications.
195 The chief executive officer of the Department of Financial Institutions shall be the
196 commissioner of financial institutions who shall be appointed by the governor with the advice
197 and consent of the Senate. [
198 following [
199 qualified, but [
200 shall establish the commissioner's salary within the salary range fixed by the Legislature in
201 Title 67, Chapter 22, State Officer Compensation. The commissioner of financial institutions
202 shall be a citizen of the United States and shall have sufficient experience with depository
203 institutions or as an employee of a state or federal agency having supervision over financial
204 institutions to demonstrate [
205 duties of [
206 Section 4. Section 7-1-203 is amended to read:
207 7-1-203. Board of Financial Institutions.
208 (1) There is created a Board of Financial Institutions consisting of the commissioner
209 and the following five members, who shall be qualified by training and experience in their
210 respective fields and shall be appointed by the governor with the advice and consent of the
211 Senate:
212 (a) one representative from the commercial banking business;
213 (b) one representative from the consumer lending, money services business, or escrow
214 agency business;
215 (c) one representative from the industrial bank business;
216 (d) one representative from the credit union business; and
217 (e) one representative of the general public who, as a result of education, training,
218 experience, or interest, is well qualified to consider economic and financial issues and data as
219 they may affect the public interest in the soundness of the financial systems of this state.
220 (2) The commissioner shall act as chair.
221 (3) (a) A member of the board shall be a resident of this state.
222 (b) No more than three members of the board may be from the same political party.
223 (c) No more than two members of the board may be connected with the same financial
224 institution or its holding company.
225 (d) A member may not participate in any matter involving an institution with which the
226 member has a conflict of interest.
227 (4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
228 each expiring on July 1.
229 (b) The governor shall, at the time of appointment or reappointment, adjust the length
230 of terms to ensure that the terms of board members are staggered so that approximately half of
231 the board is appointed every two years.
232 (c) A member serves until the member's successor is appointed and qualified.
233 (d) When a vacancy occurs in the membership for any reason, the governor shall
234 appoint a replacement for the unexpired term.
235 (5) (a) The board shall meet at least quarterly on a date the board sets.
236 (b) The commissioner or any two members of the board may call additional meetings.
237 (c) Four members constitute a quorum for the transaction of business.
238 (d) Actions of the board require a vote of a majority of those present when a quorum is
239 present.
240 (e) A meeting of the board and records of the board's proceedings are subject to Title
241 52, Chapter 4, Open and Public Meetings Act, except for discussion of confidential
242 information pertaining to a particular financial institution.
243 (6) (a) A member of the board shall, by sworn or written statement filed with the
244 commissioner, disclose any position of employment or ownership interest that the member has
245 with respect to any institution subject to the jurisdiction of the department.
246 (b) The member shall:
247 (i) file the statement required by this Subsection (6) when first appointed to the board;
248 and
249 (ii) subsequently file amendments to the statement if there is any material change in the
250 matters covered by the statement.
251 (7) A member may not receive compensation or benefits for the member's service, but
252 may receive per diem and travel expenses in accordance with:
253 (a) Section 63A-3-106;
254 (b) Section 63A-3-107; and
255 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
256 63A-3-107.
257 (8) The board shall advise the commissioner with respect to:
258 (a) the exercise of the commissioner's duties, powers, and responsibilities under this
259 title; and
260 (b) the organization and performance of the department and its employees.
261 (9) The board shall recommend annually to the governor and the Legislature a budget
262 for the requirements of the department in carrying out its duties, functions, and responsibilities
263 under this title.
264 Section 5. Section 9-1-201.1 is amended to read:
265 9-1-201.1. Executive director of department -- Appointment -- Removal --
266 Compensation.
267 (1) The department shall be directed, organized, and managed by an executive director
268 appointed by the governor with the advice and consent of the Senate.
269 (2) The executive director serves at the pleasure of the governor.
270 (3) The salary of the executive director shall be established by the governor within the
271 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
272 Section 6. Section 9-6-204 is amended to read:
273 9-6-204. Utah Arts Council Board of Directors.
274 (1) There is created within the division the Board of Directors of the Utah Arts
275 Council.
276 (2) (a) The board shall consist of 13 members appointed by the governor to four-year
277 terms of office with the advice and consent of the Senate.
278 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
279 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
280 board members are staggered so that approximately half of the board is appointed every two
281 years.
282 (c) Nine board members shall be working artists in the following areas:
283 (i) visual arts;
284 (ii) architecture or design;
285 (iii) literature;
286 (iv) music;
287 (v) sculpture;
288 (vi) folklore or folk arts;
289 (vii) theatre;
290 (viii) dance; and
291 (ix) media arts.
292 (d) Four board members shall be citizens knowledgeable in the arts.
293 (3) The members shall be appointed from the state at large with due consideration for
294 geographical representation.
295 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
296 appointed for the unexpired term by the governor within one month from the time of vacancy.
297 (5) Seven members of the board constitute a quorum for the transaction of business.
298 (6) The governor shall annually select one of the board members as chair.
299 (7) A member may not receive compensation or benefits for the member's service, but
300 may receive per diem and travel expenses in accordance with:
301 (a) Section 63A-3-106;
302 (b) Section 63A-3-107; and
303 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
304 63A-3-107.
305 (8) A member may not receive gifts, prizes, or awards of money from the purchasing
306 fund of the division during the member's term of office.
307 Section 7. Section 9-6-803 is amended to read:
308 9-6-803. Arts and Culture Business Alliance -- Creation -- Members -- Vacancies.
309 (1) There is created within the division the Arts and Culture Business Alliance.
310 (2) (a) The alliance shall consist of seven members.
311 (b) The six members described in Subsections (2)(d) and (e) shall be appointed by the
312 governor to four-year terms of office with the advice and consent of the Senate.
313 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
314 time of appointment or reappointment, adjust the length of terms to ensure that the terms of the
315 members described in Subsections (2)(d) and (e) are staggered so that approximately half of the
316 members are appointed every two years.
317 (d) Five members shall be citizens with an interest in supporting and advancing the arts
318 and arts development in the state.
319 (e) One member shall have expertise in business or finance.
320 (f) One member is the executive director of the Department of Heritage and Arts, or the
321 executive director's designee.
322 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
323 appointed for the unexpired term in the same manner as the original member.
324 (4) Four members of the board constitute a quorum for the transaction of business.
325 (5) The governor shall annually select one of the board members as chair.
326 (6) Except for the executive director, a member may not receive compensation or
327 benefits for the member's service, but may receive per diem and travel expenses in accordance
328 with:
329 (a) Section 63A-3-106;
330 (b) Section 63A-3-107; and
331 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
332 63A-3-107.
333 (7) A member may not receive a gift, prize, or award of money from the division or the
334 account.
335 Section 8. Section 9-8-204 is amended to read:
336 9-8-204. Board of State History.
337 (1) There is created within the department the Board of State History.
338 (2) The board shall consist of 11 members appointed by the governor with the advice
339 and consent of the Senate as follows:
340 (a) sufficient representatives to satisfy the federal requirements for an adequately
341 qualified State Historic Preservation Review Board; and
342 (b) other persons with an interest in the subject matter of the division's responsibilities.
343 (3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
344 terms of four years and shall serve until their successors are appointed and qualified.
345 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
346 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
347 board members are staggered so that approximately half of the board is appointed every two
348 years.
349 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
350 appointed for the unexpired term with the advice and consent of the Senate.
351 (5) A simple majority of the board constitutes a quorum for conducting board business.
352 (6) The governor shall select a chair and vice chair from the board members.
353 (7) A member may not receive compensation or benefits for the member's service, but
354 may receive per diem and travel expenses in accordance with:
355 (a) Section 63A-3-106;
356 (b) Section 63A-3-107; and
357 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
358 63A-3-107.
359 Section 9. Section 9-22-104 is amended to read:
360 9-22-104. STEM Action Center Board -- Duties.
361 (1) The STEM board shall:
362 (a) establish a STEM Action Center to:
363 (i) coordinate STEM activities in the state among the following stakeholders:
364 (A) the State Board of Education;
365 (B) school districts and charter schools;
366 (C) the State Board of Regents;
367 (D) institutions of higher education;
368 (E) parents of home-schooled students;
369 (F) other state agencies; and
370 (G) business and industry representatives;
371 (ii) align public education STEM activities with higher education STEM activities; and
372 (iii) create and coordinate best practices among public education and higher education;
373 (b) with the advice and consent of the Senate, appoint a director to oversee the
374 administration of the STEM Action Center;
375 (c) select a physical location for the STEM Action Center;
376 (d) strategically engage industry and business entities to cooperate with the STEM
377 board:
378 (i) to support high quality professional development and provide other assistance for
379 educators and students; and
380 (ii) to provide private funding and support for the STEM Action Center;
381 (e) give direction to the STEM Action Center and the providers selected through a
382 request for proposals process pursuant to this part; and
383 (f) work to meet the following expectations:
384 (i) that at least 50 educators are implementing best practice learning tools in
385 classrooms;
386 (ii) performance change in student achievement in each classroom participating in a
387 STEM Action Center project; and
388 (iii) that students from at least 50 schools in the state participate in the STEM
389 competitions, fairs, and camps described in Subsection 9-22-106(2)(d).
390 (2) The STEM board may:
391 (a) enter into contracts for the purposes of this part;
392 (b) apply for, receive, and disburse funds, contributions, or grants from any source for
393 the purposes set forth in this part;
394 (c) employ, compensate, and prescribe the duties and powers of individuals necessary
395 to execute the duties and powers of the STEM board;
396 (d) prescribe the duties and powers of the STEM Action Center providers; and
397 (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
398 make rules to administer this part.
399 (3) The STEM board may establish a foundation to assist in:
400 (a) the development and implementation of the programs authorized under this part to
401 promote STEM education; and
402 (b) implementation of other STEM education objectives described in this part.
403 (4) A foundation established by the STEM board under Subsection (3):
404 (a) may solicit and receive contributions from a private organization for STEM
405 education objectives described in this part;
406 (b) shall comply with the requirements described in Section 9-22-105;
407 (c) does not have power or authority to incur contractual obligations or liabilities that
408 constitute a claim against public funds;
409 (d) may not exercise executive or administrative authority over the programs or other
410 activities described in this part, except to the extent specifically authorized by the STEM board;
411 (e) shall provide the STEM board with information detailing transactions and balances
412 associated with the foundation; and
413 (f) may not:
414 (i) engage in lobbying activities;
415 (ii) attempt to influence legislation; or
416 (iii) participate in any campaign activity for or against:
417 (A) a political candidate; or
418 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
419 ballot proposition submitted to the voters.
420 Section 10. Section 11-38-201 is amended to read:
421 11-38-201. Quality Growth Commission -- Term of office -- Vacancy --
422 Organization -- Expenses -- Staff.
423 (1) (a) There is created a Quality Growth Commission consisting of:
424 (i) the director of the Department of Natural Resources;
425 (ii) the commissioner of the Department of Agriculture and Food;
426 (iii) six elected officials at the local government level, three of whom may not be
427 residents of a county of the first or second class; and
428 (iv) five persons from the profit and nonprofit private sector, two of whom may not be
429 residents of a county of the first or second class and no more than three of whom may be from
430 the same political party and one of whom shall be from the residential construction industry,
431 nominated by the Utah Home Builders Association, and one of whom shall be from the real
432 estate industry, nominated by the Utah Association of Realtors.
433 (b) (i) The director of the Department of Natural Resources and the commissioner of
434 the Department of Agriculture and Food may not assume their positions on the commission
435 until:
436 (A) after May 1, 2005; and
437 (B) the term of the respective predecessor in office, who is a state government level
438 appointee, expires.
439 (ii) The term of a commission member serving on May 1, 2005 as one of the six
440 elected local officials or five private sector appointees may not be shortened because of
441 application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
442 from counties of the first or second class.
443 (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be
444 appointed by the governor with the advice and consent of the Senate.
445 (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
446 a list of names provided by the Utah League of Cities and Towns, and shall select the
447 remaining three from a list of names provided by the Utah Association of Counties.
448 (c) Two of the persons appointed under Subsection (1) shall be from the agricultural
449 community from a list of names provided by Utah farm organizations.
450 (3) (a) The term of office of each member is four years, except that the governor shall
451 appoint one of the persons at the state government level, three of the persons at the local
452 government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
453 term.
454 (b) No member of the commission may serve more than two consecutive four-year
455 terms.
456 (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
457 an appointment under Subsection (2).
458 (5) Commission members shall elect a chair from their number and establish rules for
459 the organization and operation of the commission.
460 (6) A member may not receive compensation or benefits for the member's service, but
461 may receive per diem and travel expenses in accordance with:
462 (a) Section 63A-3-106;
463 (b) Section 63A-3-107; and
464 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
465 63A-3-107.
466 (7) A member is not required to give bond for the performance of official duties.
467 (8) Staff services to the commission:
468 (a) shall be provided by the Governor's Office of Management and Budget; and
469 (b) may be provided by local entities through the Utah Association of Counties and the
470 Utah League of Cities and Towns, with funds approved by the commission from those
471 identified as available to local entities under Subsection 11-38-203(1)(a).
472 Section 11. Section 13-1-3 is amended to read:
473 13-1-3. Executive director.
474 (1) The department shall be under the supervision, direction, and control of the
475 executive director of commerce. The executive director shall be appointed by the governor
476 with the advice and consent of the Senate. The executive director shall hold office at the
477 pleasure of the governor. The governor shall establish the executive director's salary within the
478 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
479 (2) The executive director shall employ personnel necessary to carry out the duties and
480 responsibilities of the department.
481 Section 12. Section 17B-2a-1005 is amended to read:
482 17B-2a-1005. Water conservancy district board of trustees -- Selection of
483 members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
484 (1) Members of the board of trustees for a water conservancy district shall be:
485 (a) elected in accordance with:
486 (i) the petition or resolution that initiated the process of creating the water conservancy
487 district; and
488 (ii) Section 17B-1-306;
489 (b) appointed in accordance with Subsection (2); or
490 (c) elected under Subsection (4)(a).
491 (2) (a) If the members of the board of trustees are appointed, within 45 days after the
492 day on which a water conservancy district is created as provided in Section 17B-1-215, the
493 board of trustees shall be appointed as provided in this Subsection (2).
494 (b) For a district located entirely within the boundaries of a single county, the county
495 legislative body of that county shall appoint each trustee.
496 (c) (i) For a district located in more than a single county, the governor, with the advice
497 and consent of the Senate, shall appoint each trustee from nominees submitted as provided in
498 this Subsection (2)(c).
499 (ii) (A) Except as provided in Subsection (2)(c)(ii)(B), in a division composed solely of
500 municipalities, the legislative body of each municipality within the division shall submit two
501 nominees per trustee.
502 (B) The legislative body of a municipality may submit fewer than two nominees per
503 trustee if the legislative body certifies in writing to the governor that the legislative body is
504 unable, after reasonably diligent effort, to identify two nominees who are willing and qualified
505 to serve as trustee.
506 (iii) (A) Except as provided in Subsection (2)(c)(iii)(B), in all other divisions, the
507 county legislative body of the county in which the division is located shall submit three
508 nominees per trustee.
509 (B) The county legislative body may submit fewer than three nominees per trustee if
510 the county legislative body certifies in writing to the governor that the county legislative body
511 is unable, after reasonably diligent effort, to identify three nominees who are willing and
512 qualified to serve as trustee.
513 (iv) If a trustee represents a division located in more than one county, the county
514 legislative bodies of those counties shall collectively compile the list of three nominees.
515 (v) For purposes of this Subsection (2)(c), a municipality that is located in more than
516 one county shall be considered to be located in only the county in which more of the municipal
517 area is located than in any other county.
518 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
519 appointed in that district shall be a person who owns irrigation rights and uses those rights as
520 part of that person's livelihood.
521 (3) (a) The board shall give written notice of the upcoming vacancy in an appointed
522 trustee's term and the date when the trustee's term expires to the county legislative body in
523 single county districts and to the nominating entities and the governor in all other districts:
524 (i) if the upcoming vacancy is in a single county district, at least 90 days before the
525 expiration of the trustee's term; and
526 (ii) for all other districts, on or before October 1 before the expiration of the appointed
527 trustee's term.
528 (b) (i) Upon receipt of the notice of the expiration of an appointed trustee's term or
529 notice of a vacancy in the office of an appointed trustee, the county or municipal legislative
530 body, as the case may be, shall nominate candidates to fill the unexpired term of office
531 pursuant to Subsection (2).
532 (ii) If a trustee is to be appointed by the governor and the entity charged with
533 nominating candidates has not submitted the list of nominees within 90 days after service of
534 the notice, the governor shall make the appointment from qualified candidates without
535 consultation with the county or municipal legislative body.
536 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
537 successor is appointed and qualified.
538 (iv) Appointment by the governor vests in the appointee, upon qualification, the
539 authority to discharge the duties of trustee, subject only to the advice and consent of the Senate.
540 (c) Each trustee shall hold office during the term for which appointed and until a
541 successor is duly appointed and has qualified.
542 (4) (a) Members of the board of trustees of a water conservancy district shall be
543 elected, if, subject to Subsection (4)(b):
544 (i) two-thirds of all members of the board of trustees of the water conservancy district
545 vote in favor of changing to an elected board; and
546 (ii) the legislative body of each municipality or county that appoints a member to the
547 board of trustees adopts a resolution approving the change to an elected board.
548 (b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
549 the term of any member of the board of trustees serving at the time of the change.
550 (5) The board of trustees of a water conservancy district shall consist of:
551 (a) except as provided in Subsection (5)(b), not more than 11 persons who are residents
552 of the district; or
553 (b) if the district consists of five or more counties, not more than 21 persons who are
554 residents of the district.
555 (6) If an elected trustee's office is vacated, the vacated office shall be filled in
556 accordance with Section 17B-1-303.
557 (7) Each trustee shall furnish a corporate surety bond at the expense of the district,
558 conditioned for the faithful performance of duties as a trustee.
559 (8) (a) The board of trustees of a water conservancy district may:
560 (i) make and enforce all reasonable rules and regulations for the management, control,
561 delivery, use, and distribution of water;
562 (ii) withhold the delivery of water with respect to which there is a default or
563 delinquency of payment;
564 (iii) provide for and declare a forfeiture of the right to the use of water upon the default
565 or failure to comply with an order, contract, or agreement for the purchase, lease, or use of
566 water, and resell, lease, or otherwise dispose of water with respect to which a forfeiture has
567 been declared;
568 (iv) allocate and reallocate the use of water to lands within the district;
569 (v) provide for and grant the right, upon terms, to transfer water from lands to which
570 water has been allocated to other lands within the district;
571 (vi) create a lien, as provided in this part, upon land to which the use of water is
572 transferred;
573 (vii) discharge a lien from land to which a lien has attached; and
574 (viii) subject to Subsection (8)(b), enter into a written contract for the sale, lease, or
575 other disposition of the use of water.
576 (b) (i) A contract under Subsection (8)(a)(viii) may provide for the use of water
577 perpetually or for a specified term.
578 (ii) (A) If a contract under Subsection (8)(a)(viii) makes water available to the
579 purchasing party without regard to actual taking or use, the board may require that the
580 purchasing party give security for the payment to be made under the contract, unless the
581 contract requires the purchasing party to pay for certain specified annual minimums.
582 (B) The security requirement under Subsection (8)(b)(ii)(A) in a contract with a public
583 entity may be met by including in the contract a provision for the public entity's levy of a
584 special assessment to make annual payments to the district.
585 Section 13. Section 19-1-104 is amended to read:
586 19-1-104. Creation of department -- Appointment of executive director.
587 (1) There is created within state government the Department of Environmental Quality.
588 The department shall be administered by an executive director.
589 (2) The executive director shall be appointed by the governor with the advice and
590 consent of the Senate and shall serve at the pleasure of the governor.
591 (3) The executive director shall have demonstrated the necessary administrative and
592 professional ability through education and experience to efficiently and effectively manage the
593 department's affairs.
594 (4) The Legislature shall fix the compensation of the executive director in accordance
595 with Title 67, Chapter 22, State Officer Compensation.
596 Section 14. Section 19-2-103 is amended to read:
597 19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem
598 and expenses.
599 (1) The board consists of the following nine members:
600 (a) the following non-voting member, except that the member may vote to break a tie
601 vote between the voting members:
602 (i) the executive director; or
603 (ii) an employee of the department designated by the executive director; and
604 (b) the following eight voting members, who shall be appointed by the governor with
605 the advice and consent of the Senate:
606 (i) one representative who:
607 (A) is not connected with industry;
608 (B) is an expert in air quality matters; and
609 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
610 with relevant training and experience;
611 (ii) two government representatives who do not represent the federal government;
612 (iii) one representative from the mining industry;
613 (iv) one representative from the fuels industry;
614 (v) one representative from the manufacturing industry;
615 (vi) one representative from the public who represents:
616 (A) an environmental nongovernmental organization; or
617 (B) a nongovernmental organization that represents community interests and does not
618 represent industry interests; and
619 (vii) one representative from the public who is trained and experienced in public
620 health.
621 (2) A member of the board shall:
622 (a) be knowledgeable about air pollution matters, as evidenced by a professional
623 degree, a professional accreditation, or documented experience;
624 (b) be a resident of Utah;
625 (c) attend board meetings in accordance with the attendance rules made by the
626 department under Subsection 19-1-201(1)(d)(i)(A); and
627 (d) comply with all applicable statutes, rules, and policies, including the conflict of
628 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
629 (3) No more than five of the appointed members of the board shall belong to the same
630 political party.
631 (4) A majority of the members of the board may not derive any significant portion of
632 their income from persons subject to permits or orders under this chapter.
633 (5) (a) Members shall be appointed for a term of four years.
634 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
635 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
636 board members are staggered so that half of the appointed board is appointed every two years.
637 (6) A member may serve more than one term.
638 (7) A member shall hold office until the expiration of the member's term and until the
639 member's successor is appointed, but not more than 90 days after the expiration of the
640 member's term.
641 (8) When a vacancy occurs in the membership for any reason, the replacement shall be
642 appointed for the unexpired term.
643 (9) The board shall elect annually a chair and a vice chair from its members.
644 (10) (a) The board shall meet at least quarterly.
645 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
646 the request of the director, or upon the request of three members of the board.
647 (c) Three days' notice shall be given to each member of the board before a meeting.
648 (11) Five members constitute a quorum at a meeting, and the action of a majority of
649 members present is the action of the board.
650 (12) A member may not receive compensation or benefits for the member's service, but
651 may receive per diem and travel expenses in accordance with:
652 (a) Section 63A-3-106;
653 (b) Section 63A-3-107; and
654 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
655 63A-3-107.
656 Section 15. Section 19-4-103 is amended to read:
657 19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per
658 diem and expenses.
659 (1) The board consists of the following nine members:
660 (a) the following non-voting member, except that the member may vote to break a tie
661 vote between the voting members:
662 (i) the executive director; or
663 (ii) an employee of the department designated by the executive director; and
664 (b) the following eight voting members, who shall be appointed by the governor with
665 the advice and consent of the Senate:
666 (i) one representative who is a Utah-licensed professional engineer with expertise in
667 civil or sanitary engineering;
668 (ii) two representatives who are elected officials from a municipal government that is
669 involved in the management or operation of a public water system;
670 (iii) one representative from an improvement district, a water conservancy district, or a
671 metropolitan water district;
672 (iv) one representative from an entity that manages or operates a public water system;
673 (v) one representative from:
674 (A) the state water research community; or
675 (B) an institution of higher education that has comparable expertise in water research
676 to the state water research community;
677 (vi) one representative from the public who represents:
678 (A) an environmental nongovernmental organization; or
679 (B) a nongovernmental organization that represents community interests and does not
680 represent industry interests; and
681 (vii) one representative from the public who is trained and experienced in public
682 health.
683 (2) A member of the board shall:
684 (a) be knowledgeable about drinking water and public water systems, as evidenced by a
685 professional degree, a professional accreditation, or documented experience;
686 (b) represent different geographical areas within the state insofar as practicable;
687 (c) be a resident of Utah;
688 (d) attend board meetings in accordance with the attendance rules made by the
689 department under Subsection 19-1-201(1)(d)(i)(A); and
690 (e) comply with all applicable statutes, rules, and policies, including the conflict of
691 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
692 (3) No more than five appointed members of the board shall be from the same political
693 party.
694 (4) (a) As terms of current board members expire, the governor shall appoint each new
695 member or reappointed member to a four-year term.
696 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
697 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
698 board members are staggered so that half of the appointed board is appointed every two years.
699 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
700 appointed before May 1, 2013, shall expire on April 30, 2013.
701 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
702 accordance with this section.
703 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
704 appointed for the unexpired term.
705 (6) Each member holds office until the expiration of the member's term, and until a
706 successor is appointed, but not for more than 90 days after the expiration of the term.
707 (7) The board shall elect annually a chair and a vice chair from its members.
708 (8) (a) The board shall meet at least quarterly.
709 (b) Special meetings may be called by the chair upon the chair's own initiative, upon
710 the request of the director, or upon the request of three members of the board.
711 (c) Reasonable notice shall be given to each member of the board before any meeting.
712 (9) Five members constitute a quorum at any meeting and the action of the majority of
713 the members present is the action of the board.
714 (10) A member may not receive compensation or benefits for the member's service, but
715 may receive per diem and travel expenses in accordance with:
716 (a) Section 63A-3-106;
717 (b) Section 63A-3-107; and
718 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
719 63A-3-107.
720 Section 16. Section 19-5-103 is amended to read:
721 19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
722 Organization -- Meetings -- Per diem and expenses.
723 (1) The board consists of the following nine members:
724 (a) the following non-voting member, except that the member may vote to break a tie
725 vote between the voting members:
726 (i) the executive director; or
727 (ii) an employee of the department designated by the executive director; and
728 (b) the following eight voting members, who shall be appointed by the governor with
729 the advice and consent of the Senate:
730 (i) one representative who:
731 (A) is an expert and has relevant training and experience in water quality matters;
732 (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
733 with relevant training and experience; and
734 (C) represents local and special service districts in the state;
735 (ii) two government representatives who do not represent the federal government;
736 (iii) one representative from the mineral industry;
737 (iv) one representative from the manufacturing industry;
738 (v) one representative who represents agricultural and livestock interests;
739 (vi) one representative from the public who represents:
740 (A) an environmental nongovernmental organization; or
741 (B) a nongovernmental organization that represents community interests and does not
742 represent industry interests; and
743 (vii) one representative from the public who is trained and experienced in public
744 health.
745 (2) A member of the board shall:
746 (a) be knowledgeable about water quality matters, as evidenced by a professional
747 degree, a professional accreditation, or documented experience;
748 (b) be a resident of Utah;
749 (c) attend board meetings in accordance with the attendance rules made by the
750 department under Subsection 19-1-201(1)(d)(i)(A); and
751 (d) comply with all applicable statutes, rules, and policies, including the conflict of
752 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B).
753 (3) No more than five of the appointed members may be from the same political party.
754 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
755 appointed for the unexpired term with the advice and consent of the Senate.
756 (5) (a) A member shall be appointed for a term of four years and is eligible for
757 reappointment.
758 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
759 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
760 board members are staggered so that half of the appointed board is appointed every two years.
761 (c) (i) Notwithstanding Subsection (5)(a), the term of a board member who is
762 appointed before March 1, 2013, shall expire on February 28, 2013.
763 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
764 accordance with this section.
765 (6) A member shall hold office until the expiration of the member's term and until the
766 member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
767 (7) The board shall:
768 (a) organize and annually select one of its members as chair and one of its members as
769 vice chair;
770 (b) hold at least four regular meetings each calendar year; and
771 (c) keep minutes of its proceedings which are open to the public for inspection.
772 (8) The chair may call a special meeting upon the request of three or more members of
773 the board.
774 (9) Each member of the board and the director shall be notified of the time and place of
775 each meeting.
776 (10) Five members of the board constitute a quorum for the transaction of business,
777 and the action of a majority of members present is the action of the board.
778 (11) A member may not receive compensation or benefits for the member's service, but
779 may receive per diem and travel expenses in accordance with:
780 (a) Section 63A-3-106;
781 (b) Section 63A-3-107; and
782 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
783 63A-3-107.
784 Section 17. Section 19-6-103 is amended to read:
785 19-6-103. Waste Management and Radiation Control Board -- Members -- Terms
786 -- Organization -- Meetings -- Per diem and expenses.
787 (1) The board consists of the following 12 members:
788 (a) the following non-voting member, except that the member may vote to break a tie
789 vote between the voting members:
790 (i) the executive director; or
791 (ii) an employee of the department designated by the executive director; and
792 (b) the following 11 voting members appointed by the governor with the advice and
793 consent of the Senate:
794 (i) one representative who is:
795 (A) not connected with industry; and
796 (B) a Utah-licensed professional engineer;
797 (ii) two government representatives who do not represent the federal government;
798 (iii) one representative from the manufacturing, mining, or fuel industry;
799 (iv) one representative from the private solid or hazardous waste disposal industry;
800 (v) one representative from the private hazardous waste recovery industry;
801 (vi) one representative from the radioactive waste management industry;
802 (vii) one representative from the uranium milling industry;
803 (viii) one representative from the public who represents:
804 (A) an environmental nongovernmental organization; or
805 (B) a nongovernmental organization that represents community interests and does not
806 represent industry interests;
807 (ix) one representative from the public who is trained and experienced in public health
808 and a licensed:
809 (A) medical doctor; or
810 (B) dentist; and
811 (x) one representative who is:
812 (A) a medical physicist or a health physicist; or
813 (B) a professional employed in the field of radiation safety.
814 (2) A member of the board shall:
815 (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
816 protection as evidenced by a professional degree, a professional accreditation, or documented
817 experience;
818 (b) be a resident of Utah;
819 (c) attend board meetings in accordance with the attendance rules made by the
820 department under Subsection 19-1-201(1)(d)(i)(A); and
821 (d) comply with all applicable statutes, rules, and policies, including the conflict of
822 interest rules made by the department in accordance with Subsection 19-1-201(1)(d)(i)(B).
823 (3) No more than six of the appointed members may be from the same political party.
824 (4) (a) Members shall be appointed for terms of four years each.
825 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
826 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
827 board members are staggered so that half of the appointed board is appointed every two years.
828 (c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
829 appointed before March 1, 2013, shall expire on February 28, 2013.
830 (ii) On March 1, 2013, the governor shall appoint or reappoint board members in
831 accordance with this section.
832 (5) Each member is eligible for reappointment.
833 (6) Board members shall continue in office until the expiration of their terms and until
834 their successors are appointed, but not more than 90 days after the expiration of their terms.
835 (7) When a vacancy occurs in the membership for any reason, the replacement shall be
836 appointed for the unexpired term by the governor, after considering recommendations of the
837 board and with the advice and consent of the Senate.
838 (8) The board shall elect a chair and vice chair on or before April 1 of each year from
839 its membership.
840 (9) A member may not receive compensation or benefits for the member's service, but
841 may receive per diem and travel expenses in accordance with:
842 (a) Section 63A-3-106;
843 (b) Section 63A-3-107; and
844 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
845 63A-3-107.
846 (10) (a) The board shall hold a meeting at least once every three months including one
847 meeting during each annual general session of the Legislature.
848 (b) Meetings shall be held on the call of the chair, the director, or any three of the
849 members.
850 (11) Six members constitute a quorum at any meeting, and the action of the majority of
851 members present is the action of the board.
852 Section 18. Section 20A-1-504 is amended to read:
853 20A-1-504. Midterm vacancies in the offices of attorney general, state treasurer,
854 state auditor, State Board of Education member, and lieutenant governor.
855 (1) (a) When a vacancy occurs for any reason in the office of attorney general, state
856 treasurer, state auditor, or State Board of Education member, the vacancy shall be filled for the
857 unexpired term at the next regular general election.
858 (b) The governor shall fill the vacancy until the next regular general election by:
859 (i) appointing a person who meets the qualifications for the office from three persons
860 nominated by the state central committee of the same political party as the prior officeholder;
861 or
862 (ii) for a State Board of Education vacancy, if the individual who is being replaced:
863 (A) was elected at a nonpartisan State Board of Education election, by appointing, with
864 the advice and consent of the Senate, an individual who meets the qualifications and residency
865 requirements for filling the vacancy described in Section 20A-14-103;
866 (B) was elected at a partisan State Board of Education election, but is not a member of
867 a political party, by appointing, with the advice and consent of the Senate, an individual who
868 meets the qualifications and residency requirements for filling the vacancy described in Section
869 20A-14-103; or
870 (C) was elected at a partisan State Board of Education election, and is a member of a
871 political party, by appointing an individual who meets the qualifications for the office from
872 three persons nominated by the state central committee of the same political party as the prior
873 officeholder.
874 (2) If a vacancy occurs in the office of lieutenant governor, the governor shall, with the
875 advice and consent of the Senate, appoint a person to hold the office until the next regular
876 general election at which the governor stands for election.
877 Section 19. Section 23-14-2 is amended to read:
878 23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum --
879 Meetings -- Per diem and expenses.
880 (1) There is created a Wildlife Board which shall consist of seven members appointed
881 by the governor with the advice and consent of the Senate.
882 (2) (a) In addition to the requirements of Section 79-2-203, the members of the board
883 shall have expertise or experience in at least one of the following areas:
884 (i) wildlife management or biology;
885 (ii) habitat management, including range or aquatic;
886 (iii) business, including knowledge of private land issues; and
887 (iv) economics, including knowledge of recreational wildlife uses.
888 (b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at
889 least one member of the Wildlife Board.
890 (3) (a) The governor shall select each board member from a list of nominees submitted
891 by the nominating committee pursuant to Section 23-14-2.5.
892 (b) No more than two members shall be from a single wildlife region described in
893 Subsection 23-14-2.6(1).
894 (c) The governor may request an additional list of at least two nominees from the
895 nominating committee if the initial list of nominees for a given position is unacceptable.
896 (d) (i) If the governor fails to appoint a board member within 60 days after receipt of
897 the initial or additional list, the nominating committee shall make an interim appointment by
898 majority vote.
899 (ii) The interim board member shall serve until the matter is resolved by the committee
900 and the governor or until the board member is replaced pursuant to this chapter.
901 (4) (a) Except as required by Subsection (4)(b), as terms of current board members
902 expire, the governor shall appoint each new member or reappointed member to a six-year term.
903 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
904 time of appointment or reappointment, adjust the length of terms to ensure that:
905 (i) the terms of board members are staggered so that approximately one-third of the
906 board is appointed every two years; and
907 (ii) members serving from the same region have staggered terms.
908 (c) If a vacancy occurs, the nominating committee shall submit two names, as provided
909 in Subsection 23-14-2.5(4), to the governor and the governor shall appoint a replacement for
910 the unexpired term.
911 (d) Board members may serve only one term unless:
912 (i) the member is among the first board members appointed to serve four years or less;
913 or
914 (ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
915 (5) (a) The board shall elect a chair and a vice chair from its membership.
916 (b) Four members of the board shall constitute a quorum.
917 (c) The director of the Division of Wildlife Resources shall act as secretary to the
918 board but is not a voting member of the board.
919 (6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year
920 to expeditiously conduct its business.
921 (b) Meetings may be called by the chair upon five days notice or upon shorter notice in
922 emergency situations.
923 (c) Meetings may be held at the Salt Lake City office of the Division of Wildlife
924 Resources or elsewhere as determined by the Wildlife Board.
925 (7) A member may not receive compensation or benefits for the member's service, but
926 may receive per diem and travel expenses in accordance with:
927 (a) Section 63A-3-106;
928 (b) Section 63A-3-107; and
929 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
930 63A-3-107.
931 (8) (a) The members of the Wildlife Board shall complete an orientation course to
932 assist them in the performance of the duties of their office.
933 (b) The Department of Natural Resources shall provide the course required under
934 Subsection (8)(a).
935 Section 20. Section 26-1-8 is amended to read:
936 26-1-8. Executive director -- Appointment -- Compensation.
937 The chief administrative officer of the department is the executive director who shall be
938 appointed by the governor with the advice and consent of the Senate. The executive director
939 shall serve at the pleasure of the governor. The governor shall establish the executive director's
940 salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer
941 Compensation.
942 Section 21. Section 26-9f-103 is amended to read:
943 26-9f-103. Utah Digital Health Service Commission.
944 (1) There is created within the department the Utah Digital Health Service
945 Commission.
946 (2) The governor shall appoint 13 members to the commission with the advice and
947 consent of the Senate, as follows:
948 (a) a physician who is involved in digital health service;
949 (b) a representative of a health care system or a licensed health care facility as that term
950 is defined in Section 26-21-2;
951 (c) a representative of rural Utah, which may be a person nominated by an advisory
952 committee on rural health issues created pursuant to Section 26-1-20;
953 (d) a member of the public who is not involved with digital health service;
954 (e) a nurse who is involved in digital health service; and
955 (f) eight members who fall into one or more of the following categories:
956 (i) individuals who use digital health service in a public or private institution;
957 (ii) individuals who use digital health service in serving medically underserved
958 populations;
959 (iii) nonphysician health care providers involved in digital health service;
960 (iv) information technology professionals involved in digital health service;
961 (v) representatives of the health insurance industry;
962 (vi) telehealth digital health service consumer advocates; and
963 (vii) individuals who use digital health service in serving mental or behavioral health
964 populations.
965 (3) (a) The commission shall annually elect a chairperson from its membership. The
966 chairperson shall report to the executive director of the department.
967 (b) The commission shall hold meetings at least once every three months. Meetings
968 may be held from time to time on the call of the chair or a majority of the board members.
969 (c) Seven commission members are necessary to constitute a quorum at any meeting
970 and, if a quorum exists, the action of a majority of members present shall be the action of the
971 commission.
972 (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
973 appointed for a three-year term and eligible for two reappointments.
974 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
975 or reappointment, adjust the length of terms to ensure that the terms of commission members
976 are staggered so that approximately 1/3 of the commission is appointed each year.
977 (c) A commission member shall continue in office until the expiration of the member's
978 term and until a successor is appointed, which may not exceed 90 days after the formal
979 expiration of the term.
980 (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
981 of the scheduled meetings in a calendar year shall be disqualified from serving.
982 (e) When a vacancy occurs in membership for any reason, the replacement shall be
983 appointed for the unexpired term.
984 (5) A member may not receive compensation or benefits for the member's service, but,
985 at the executive director's discretion, may receive per diem and travel expenses in accordance
986 with:
987 (a) Section 63A-3-106;
988 (b) Section 63A-3-107; and
989 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
990 63A-3-107.
991 (6) The department shall provide informatics staff support to the commission.
992 (7) The funding of the commission shall be a separate line item to the department in
993 the annual appropriations act.
994 Section 22. Section 26-21-3 is amended to read:
995 26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
996 Meetings.
997 (1) The Health Facility Committee created by Section 26-1-7 consists of 15 members
998 appointed by the governor with the advice and consent of the Senate. The appointed members
999 shall be knowledgeable about health care facilities and issues. The membership of the
1000 committee is:
1001 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
1002 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
1003 who is a graduate of a regularly chartered medical school;
1004 (b) one hospital administrator;
1005 (c) one hospital trustee;
1006 (d) one representative of a freestanding ambulatory surgical facility;
1007 (e) one representative of an ambulatory surgical facility that is affiliated with a
1008 hospital;
1009 (f) two representatives of the nursing care facility industry;
1010 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
1011 Practice Act;
1012 (h) one professional in the field of intellectual disabilities not affiliated with a nursing
1013 care facility;
1014 (i) one licensed architect or engineer with expertise in health care facilities;
1015 (j) two representatives of assisted living facilities licensed under this chapter;
1016 (k) two consumers, one of whom has an interest in or expertise in geriatric care; and
1017 (l) one representative from either a home health care provider or a hospice provider.
1018 (2) (a) Except as required by Subsection (2)(b), members shall be appointed for a term
1019 of four years.
1020 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1021 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1022 committee members are staggered so that approximately half of the committee is appointed
1023 every two years.
1024 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1025 appointed for the unexpired term by the governor, giving consideration to recommendations
1026 made by the committee, with the advice and consent of the Senate.
1027 (d) A member may not serve more than two consecutive full terms or 10 consecutive
1028 years, whichever is less. However, a member may continue to serve as a member until [
1029 member is replaced.
1030 (e) The committee shall annually elect from its membership a chair and vice chair.
1031 (f) The committee shall meet at least quarterly, or more frequently as determined by the
1032 chair or five members of the committee.
1033 (g) Eight members constitute a quorum. A vote of the majority of the members present
1034 constitutes action of the committee.
1035 Section 23. Section 26-33a-103 is amended to read:
1036 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
1037 (1) The Health Data Committee created by Section 26-1-7 shall be composed of 15
1038 members.
1039 (2) (a) One member shall be:
1040 (i) the commissioner of the Utah Insurance Department; or
1041 (ii) the commissioner's designee who shall have knowledge regarding the health care
1042 system and characteristics and use of health data.
1043 (b) Fourteen members shall be appointed by the governor with the advice and consent
1044 of the Senate in accordance with Subsection (3). No more than seven members of the
1045 committee appointed by the governor may be members of the same political party.
1046 (3) The members of the committee appointed under Subsection (2)(b) shall:
1047 (a) be knowledgeable regarding the health care system and the characteristics and use
1048 of health data;
1049 (b) be selected so that the committee at all times includes individuals who provide
1050 care;
1051 (c) include one person employed by or otherwise associated with a general acute
1052 hospital as defined by Section 26-21-2, who is knowledgeable about the collection, analysis,
1053 and use of health care data;
1054 (d) include two physicians, as defined in Section 58-67-102:
1055 (i) who are licensed to practice in this state;
1056 (ii) who actively practice medicine in this state;
1057 (iii) who are trained in or have experience with the collection, analysis, and use of
1058 health care data; and
1059 (iv) one of whom is selected by the Utah Medical Association;
1060 (e) include three persons:
1061 (i) who are:
1062 (A) employed by or otherwise associated with a business that supplies health care
1063 insurance to its employees; and
1064 (B) knowledgeable about the collection and use of health care data; and
1065 (ii) at least one of whom represents an employer employing 50 or fewer employees;
1066 (f) include three persons representing health insurers:
1067 (i) at least one of whom is employed by or associated with a third-party payor that is
1068 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
1069 Health Plans;
1070 (ii) at least one of whom is employed by or associated with a third party payer that is
1071 licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
1072 Plans; and
1073 (iii) who are trained in, or experienced with the collection, analysis, and use of health
1074 care data;
1075 (g) include two consumer representatives:
1076 (i) from organized consumer or employee associations; and
1077 (ii) knowledgeable about the collection and use of health care data;
1078 (h) include one person:
1079 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
1080 broad support of health care payers and health care providers; and
1081 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
1082 and
1083 (i) include two persons representing public health who are trained in, or experienced
1084 with the collection, use, and analysis of health care data.
1085 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
1086 expire, the governor shall appoint each new member or reappointed member to a four-year
1087 term.
1088 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1089 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1090 committee members are staggered so that approximately half of the committee is appointed
1091 every two years.
1092 (c) Members may serve after their terms expire until replaced.
1093 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
1094 appointed for the unexpired term.
1095 (6) Committee members shall annually elect a chair of the committee from among their
1096 membership. The chair shall report to the executive director.
1097 (7) The committee shall meet at least once during each calendar quarter. Meeting dates
1098 shall be set by the chair upon 10 working days notice to the other members, or upon written
1099 request by at least four committee members with at least 10 working days notice to other
1100 committee members.
1101 (8) Eight committee members constitute a quorum for the transaction of business.
1102 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
1103 committee.
1104 (9) A member may not receive compensation or benefits for the member's service, but
1105 may receive per diem and travel expenses in accordance with:
1106 (a) Section 63A-3-106;
1107 (b) Section 63A-3-107; and
1108 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1109 63A-3-107.
1110 (10) All meetings of the committee shall be open to the public, except that the
1111 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
1112 52-4-206 are met.
1113 Section 24. Section 26-39-200 is amended to read:
1114 26-39-200. Child Care Center Licensing Committee.
1115 (1) (a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be
1116 comprised of seven members appointed by the governor and approved by the Senate in
1117 accordance with this subsection.
1118 (b) The governor shall appoint three members who:
1119 (i) have at least five years of experience as an owner in or director of a for profit or
1120 not-for-profit center based child care; and
1121 (ii) hold an active license as a child care center from the department to provide center
1122 based child care.
1123 (c) (i) The governor shall appoint one member to represent each of the following:
1124 (A) a parent with a child in center based child care;
1125 (B) a child development expert from the state system of higher education;
1126 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
1127 (D) an architect licensed in the state.
1128 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
1129 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
1130 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
1131 reside in a county that is not a county of the first class.
1132 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
1133 a health care professional who specializes in pediatric health if:
1134 (i) the health care professional is licensed under:
1135 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
1136 practitioner; or
1137 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
1138 (ii) before appointing a health care professional under this Subsection (1)(e), the
1139 governor:
1140 (A) sends a notice to a professional physician organization in the state regarding the
1141 opening for the appointment described in Subsection (1)(c)(i)(C); and
1142 (B) receives no applications from a pediatrician who is licensed in the state for the
1143 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
1144 governor sends the notice described in Subsection (1)(e)(ii)(A).
1145 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
1146 governor shall appoint each new member or reappointed member to a four-year term ending
1147 June 30.
1148 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1149 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1150 members are staggered so that approximately half of the licensing committee is appointed
1151 every two years.
1152 (c) Upon the expiration of the term of a member of the licensing committee, the
1153 member shall continue to hold office until a successor is appointed and qualified.
1154 (d) A member may not serve more than two consecutive terms.
1155 (e) Members of the licensing committee shall annually select one member to serve as
1156 chair who shall establish the agenda for licensing committee meetings.
1157 (3) When a vacancy occurs in the membership for any reason, the governor, with the
1158 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
1159 (4) (a) The licensing committee shall meet at least every two months.
1160 (b) The director may call additional meetings:
1161 (i) at the director's discretion;
1162 (ii) upon the request of the chair; or
1163 (iii) upon the written request of three or more members.
1164 (5) Three members of the licensing committee constitute a quorum for the transaction
1165 of business.
1166 Section 25. Section 31A-2-102 is amended to read:
1167 31A-2-102. Appointment, general powers, and duties of commissioner -- Vacancy
1168 -- Compensation of commissioner.
1169 (1) The chief officer of the department is the insurance commissioner, who may
1170 exercise all powers given to, and shall perform all duties imposed on, the Insurance
1171 Department. [
1172 consent of the Senate. If the commissioner dies, resigns, or is removed, a successor may be
1173 appointed as specified in this subsection. If the Legislature is not then in session, the successor
1174 may serve as acting commissioner without advice and consent of the Senate until the Senate
1175 has an opportunity to advise and consent to the successor. The commissioner is subject to
1176 removal at the pleasure of the governor.
1177 (2) When the office of the commissioner is vacant, or when the commissioner is unable
1178 to perform the duties of the office, the governor shall fill the position as provided in Section
1179 67-1-1.5.
1180 (3) The governor shall establish the commissioner's salary within the salary range
1181 approved by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1182 Section 26. Section 31A-2-403 is amended to read:
1183 31A-2-403. Title and Escrow Commission created.
1184 (1) (a) Subject to Subsection (1)(b), there is created within the department the Title and
1185 Escrow Commission that is comprised of five members appointed by the governor with the
1186 advice and consent of the Senate as follows:
1187 (i) except as provided in Subsection (1)(c), two members shall be employees of a title
1188 insurer;
1189 (ii) two members shall:
1190 (A) be employees of a Utah agency title insurance producer;
1191 (B) be or have been licensed under the title insurance line of authority;
1192 (C) as of the day on which the member is appointed, be or have been licensed with the
1193 title examination or escrow subline of authority for at least five years; and
1194 (D) as of the day on which the member is appointed, not be from the same county as
1195 another member appointed under this Subsection (1)(a)(ii); and
1196 (iii) one member shall be a member of the general public from any county in the state.
1197 (b) No more than one commission member may be appointed from a single company
1198 or an affiliate or subsidiary of the company.
1199 (c) If the governor is unable to identify more than one individual who is an employee
1200 of a title insurer and willing to serve as a member of the commission, the commission shall
1201 include the following members in lieu of the members described in Subsection (1)(a)(i):
1202 (i) one member who is an employee of a title insurer; and
1203 (ii) one member who is an employee of a Utah agency title insurance producer.
1204 (2) (a) Subject to Subsection (2)(c), a commission member shall file with the
1205 commissioner a disclosure of any position of employment or ownership interest that the
1206 commission member has with respect to a person that is subject to the jurisdiction of the
1207 commissioner.
1208 (b) The disclosure statement required by this Subsection (2) shall be:
1209 (i) filed by no later than the day on which the person begins that person's appointment;
1210 and
1211 (ii) amended when a significant change occurs in any matter required to be disclosed
1212 under this Subsection (2).
1213 (c) A commission member is not required to disclose an ownership interest that the
1214 commission member has if the ownership interest is in a publicly traded company or held as
1215 part of a mutual fund, trust, or similar investment.
1216 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
1217 members expire, the governor shall appoint each new commission member to a four-year term
1218 ending on June 30.
1219 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1220 time of appointment, adjust the length of terms to ensure that the terms of the commission
1221 members are staggered so that approximately half of the members appointed under Subsection
1222 (1)(a)(i) and half of the members appointed under Subsection (1)(a)(ii) are appointed every two
1223 years.
1224 (c) A commission member may not serve more than one consecutive term.
1225 (d) When a vacancy occurs in the membership for any reason, the governor, with the
1226 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
1227 (e) Notwithstanding the other provisions of this Subsection (3), a commission member
1228 serves until a successor is appointed by the governor with the advice and consent of the Senate.
1229 (4) A commission member may not receive compensation or benefits for the
1230 commission member's service, but may receive per diem and travel expenses in accordance
1231 with:
1232 (a) Section 63A-3-106;
1233 (b) Section 63A-3-107; and
1234 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1235 63A-3-107.
1236 (5) Members of the commission shall annually select one commission member to serve
1237 as chair.
1238 (6) (a) (i) Except as provided in Subsection (6)(b), the commission shall meet at least
1239 monthly.
1240 (ii) (A) The commissioner shall, with the concurrence of the chair of the commission,
1241 designate at least one monthly meeting per quarter as an in-person meeting.
1242 (B) Notwithstanding Section 52-4-207, a commission member shall physically attend a
1243 meeting designated as an in-person meeting under Subsection (6)(a)(ii)(A) and may not attend
1244 through electronic means. A commission member may attend any other commission meeting,
1245 subcommittee meeting, or emergency meeting by electronic means in accordance with Section
1246 52-4-207.
1247 (b) (i) Except as provided in Subsection (6)(b)(ii), the commissioner may, with the
1248 concurrence of the chair of the commission, cancel a monthly meeting of the commission if,
1249 due to the number or nature of pending title insurance matters, the monthly meeting is not
1250 necessary.
1251 (ii) The commissioner may not cancel a monthly meeting designated as an in-person
1252 meeting under Subsection (6)(a)(ii)(A).
1253 (c) The commissioner may call additional meetings:
1254 (i) at the commissioner's discretion;
1255 (ii) upon the request of the chair of the commission; or
1256 (iii) upon the written request of three or more commission members.
1257 (d) (i) Three commission members constitute a quorum for the transaction of business.
1258 (ii) The action of a majority of the commission members when a quorum is present is
1259 the action of the commission.
1260 (7) The commissioner shall staff the commission.
1261 Section 27. Section 32B-2-201 is amended to read:
1262 32B-2-201. Alcoholic Beverage Control Commission created.
1263 (1) There is created the "Alcoholic Beverage Control Commission." The commission is
1264 the governing board over the department.
1265 (2) (a) The commission is composed of seven part-time commissioners appointed by
1266 the governor with the advice and consent of the Senate.
1267 (b) No more than four commissioners may be of the same political party.
1268 (3) (a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
1269 governor shall appoint each new commissioner or reappointed commissioner to a four-year
1270 term.
1271 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1272 time of appointment or reappointment, adjust the length of terms to ensure that the terms of no
1273 more than three commissioners expire in a fiscal year.
1274 (4) (a) When a vacancy occurs on the commission for any reason, the governor shall
1275 appoint a replacement for the unexpired term with the advice and consent of the Senate.
1276 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
1277 the commission after the expiration of a term until a successor is appointed by the governor,
1278 with the advice and consent of the Senate.
1279 (5) A commissioner shall take the oath of office.
1280 (6) (a) The governor may remove a commissioner from the commission for cause,
1281 neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
1282 (i) the governor; or
1283 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
1284 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor
1285 shall provide the commissioner notice of:
1286 (i) the date, time, and place of the hearing; and
1287 (ii) the alleged grounds for the removal.
1288 (c) The commissioner shall have an opportunity to:
1289 (i) attend the hearing;
1290 (ii) present witnesses and other evidence; and
1291 (iii) confront and cross examine witnesses.
1292 (d) After a hearing under this Subsection (6):
1293 (i) the person conducting the hearing shall prepare written findings of fact and
1294 conclusions of law; and
1295 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
1296 commissioner.
1297 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
1298 examiner shall issue a written recommendation to the governor in addition to complying with
1299 Subsection (6)(d).
1300 (f) A commissioner has five days from the day on which the commissioner receives the
1301 findings and conclusions described in Subsection (6)(d) to file written objections to the
1302 recommendation before the governor issues a final order.
1303 (g) The governor shall:
1304 (i) issue the final order under this Subsection (6) in writing; and
1305 (ii) serve the final order upon the commissioner.
1306 (7) A commissioner may not receive compensation or benefits for the commissioner's
1307 service, but may receive per diem and travel expenses in accordance with:
1308 (a) Section 63A-3-106;
1309 (b) Section 63A-3-107; and
1310 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1311 63A-3-107.
1312 (8) (a) The governor shall annually appoint the chair of the commission. A
1313 commissioner serves as chair to the commission at the pleasure of the governor. If removed as
1314 chair, the commissioner continues to serve as a commissioner unless removed as a
1315 commissioner under Subsection (6).
1316 (b) The commission shall elect:
1317 (i) another commissioner to serve as vice chair; and
1318 (ii) other commission officers as the commission considers advisable.
1319 (c) A commissioner elected under Subsection (8)(b) shall serve in the office to which
1320 the commissioner is elected at the pleasure of the commission.
1321 (9) (a) Each commissioner has equal voting rights on a commission matter when in
1322 attendance at a commission meeting.
1323 (b) Four commissioners is a quorum for conducting commission business.
1324 (c) A majority vote of the quorum present at a meeting is required for the commission
1325 to act.
1326 (10) (a) The commission shall meet at least monthly, but may hold other meetings at
1327 times and places as scheduled by:
1328 (i) the commission;
1329 (ii) the chair; or
1330 (iii) three commissioners upon filing a written request for a meeting with the chair.
1331 (b) Notice of the time and place of a commission meeting shall be given to each
1332 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and Public
1333 Meetings Act. A commission meeting is open to the public, except for a commission meeting
1334 or portion of a commission meeting that is closed by the commission as authorized by Sections
1335 52-4-204 and 52-4-205.
1336 Section 28. Section 32B-2-205 is amended to read:
1337 32B-2-205. Director of alcoholic beverage control.
1338 (1) (a) In accordance with Subsection (1)(b), the governor, with the advice and consent
1339 of the Senate, shall appoint a director of alcoholic beverage control to a four-year term. The
1340 director may be appointed to more than one four-year term. The director is the administrative
1341 head of the department.
1342 (b) (i) The governor shall appoint the director from nominations made by the
1343 commission.
1344 (ii) The commission shall submit the nomination of three individuals to the governor
1345 for appointment of the director.
1346 (iii) By no later than 30 calendar days from the day on which the governor receives the
1347 three nominations submitted by the commission, the governor may:
1348 (A) appoint the director; or
1349 (B) reject the three nominations.
1350 (iv) If the governor rejects the nominations or fails to take action within the 30-day
1351 period, the commission shall nominate three different individuals from which the governor may
1352 appoint the director or reject the nominations until such time as the governor appoints the
1353 director.
1354 (v) The governor may reappoint the director without seeking nominations from the
1355 commission. Reappointment of a director is subject to the advice and consent of the Senate.
1356 (c) If there is a vacancy in the position of director, during the nomination process
1357 described in Subsection (1)(b), the governor may appoint an interim director for a period of up
1358 to 30 calendar days. If a director is not appointed within the 30-day period, the interim director
1359 may continue to serve beyond the 30-day period subject to the advice and consent of the Senate
1360 at the next scheduled time for the Senate giving consent to appointments of the governor.
1361 Except that if the Senate does not act on the consent to the appointment of the interim director
1362 within 60 days of the end of the initial 30-day period, the interim director may continue as the
1363 interim director.
1364 (d) The director may be terminated by:
1365 (i) the commission by a vote of four commissioners; or
1366 (ii) the governor after consultation with the commission.
1367 (e) The director may not be a commissioner.
1368 (f) The director shall:
1369 (i) be qualified in administration;
1370 (ii) be knowledgeable by experience and training in the field of business management;
1371 and
1372 (iii) possess any other qualification prescribed by the commission.
1373 (2) The governor shall establish the director's compensation within the salary range
1374 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1375 (3) The director shall:
1376 (a) carry out the policies of the commission;
1377 (b) carry out the policies of the department;
1378 (c) fully inform the commission of the operations and administrative activities of the
1379 department; and
1380 (d) assist the commission in the proper discharge of the commission's duties.
1381 Section 29. Section 34-20-3 is amended to read:
1382 34-20-3. Labor relations board.
1383 (1) (a) There is created the Labor Relations Board consisting of the following:
1384 (i) the commissioner of the Labor Commission;
1385 (ii) two members appointed by the governor with the advice and consent of the Senate
1386 consisting of:
1387 (A) a representative of employers, in the appointment of whom the governor shall
1388 consider nominations from employer organizations; and
1389 (B) a representative of employees, in the appointment of whom the governor shall
1390 consider nominations from employee organizations.
1391 (b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed
1392 under Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed
1393 member to a four-year term.
1394 (ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the
1395 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1396 members appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every
1397 two years.
1398 (c) The commissioner shall serve as chair of the board.
1399 (d) A vacancy occurring on the board for any cause of the members appointed under
1400 Subsection (1)(a)(ii) shall be filled by the governor with the advice and consent of the Senate
1401 pursuant to this section for the unexpired term of the vacating member.
1402 (e) The governor may at any time remove a member appointed under Subsection
1403 (1)(a)(ii) but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for
1404 cause upon a hearing.
1405 (f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any
1406 other office in the government of the United States, this state or any other state, or of any
1407 county government or municipal corporation within a state.
1408 (g) A member appointed under Subsection (1)(a)(ii) may not receive compensation or
1409 benefits for the member's service, but may receive per diem and travel expenses in accordance
1410 with:
1411 (i) Section 63A-3-106;
1412 (ii) Section 63A-3-107; and
1413 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1414 63A-3-107.
1415 (2) A meeting of the board may be called:
1416 (a) by the chair; or
1417 (b) jointly by the members appointed under Subsection (1)(a)(ii).
1418 (3) The chair may provide staff and administrative support as necessary from the Labor
1419 Commission.
1420 (4) A vacancy in the board does not impair the right of the remaining members to
1421 exercise all the powers of the board, and two members of the board shall at all times constitute
1422 a quorum.
1423 (5) The board shall have an official seal which shall be judicially noticed.
1424 Section 30. Section 34A-1-201 is amended to read:
1425 34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
1426 Qualifications -- Responsibilities -- Reports.
1427 (1) (a) The chief administrative officer of the commission is the commissioner, who
1428 shall be appointed by the governor with the advice and consent of the Senate.
1429 (b) The commissioner shall serve at the pleasure of the governor.
1430 (c) The commissioner shall receive a salary established by the governor within the
1431 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1432 (d) The commissioner shall be experienced in administration, management, and
1433 coordination of complex organizations.
1434 (2) (a) The commissioner shall serve full-time.
1435 (b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
1436 (A) hold any other office of this state, another state, or the federal government except
1437 in an ex officio capacity; or
1438 (B) serve on any committee of any political party.
1439 (ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
1440 (A) hold a nominal position or title if it is required by law as a condition for the state
1441 participating in an appropriation or allotment of any money, property, or service that may be
1442 made or allotted for the commission; or
1443 (B) serve as the chief administrative officer of any division, office, or bureau that is
1444 established within the commission.
1445 (iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
1446 commissioner may not be paid any additional compensation for holding the position.
1447 (3) Before beginning the duties as a commissioner, an appointed commissioner shall
1448 take and subscribe the constitutional oath of office and file the oath with the Division of
1449 Archives.
1450 (4) The commissioner shall:
1451 (a) administer and supervise the commission in compliance with Title 67, Chapter 19,
1452 Utah State Personnel Management Act;
1453 (b) approve the proposed budget of each division and the Appeals Board;
1454 (c) approve all applications for federal grants or assistance in support of any
1455 commission program; and
1456 (d) fulfill such other duties as assigned by the Legislature or as assigned by the
1457 governor that are not inconsistent with this title or Title 34, Labor in General.
1458 (5) (a) The commissioner shall report annually to the Legislature and the governor
1459 concerning the operations of the commission and the programs that the commission
1460 administers.
1461 (b) If federal law requires that a report to the governor or Legislature be given
1462 concerning the commission or a program administered by the commission, the commissioner or
1463 the commissioner's designee shall make that report.
1464 Section 31. Section 34A-1-205 is amended to read:
1465 34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation --
1466 Qualifications.
1467 (1) There is created the Appeals Board within the commission consisting of three
1468 members. The board may call and preside at adjudicative proceedings to review an order or
1469 decision that is subject to review by the Appeals Board under this title.
1470 (2) (a) The governor shall appoint the members with the advice and consent of the
1471 Senate and in accordance with this section.
1472 (b) One member of the board shall be appointed to represent employers, in making this
1473 appointment, the governor shall consider nominations from employer organizations.
1474 (c) One member of the board shall be appointed to represent employees, in making this
1475 appointment, the governor shall consider nominations from employee organizations.
1476 (d) No more than two members may belong to the same political party.
1477 (e) The governor shall, at the time of appointment or reappointment, make
1478 appointments to the board so that at least two of the members of the board are members of the
1479 Utah State Bar in good standing or resigned from the Utah State Bar in good standing.
1480 (3) (a) The term of a member shall be six years beginning on March 1 of the year the
1481 member is appointed, except that the governor shall, at the time of appointment or
1482 reappointment, adjust the length of terms to ensure that the terms of members are staggered so
1483 that one member is appointed every two years.
1484 (b) The governor may remove a member only for inefficiency, neglect of duty,
1485 malfeasance or misfeasance in office, or other good and sufficient cause.
1486 (c) A member shall hold office until a successor is appointed and has qualified.
1487 (4) A member shall be part-time and receive compensation as provided by Title 67,
1488 Chapter 19, Utah State Personnel Management Act.
1489 (5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
1490 and administrative head of the board.
1491 (b) The governor shall appoint and may remove at will the chair from the position of
1492 chair.
1493 (6) A majority of the board shall constitute a quorum to transact business.
1494 (7) (a) The commission shall provide the Appeals Board necessary staff support,
1495 except as provided in Subsection (7)(b).
1496 (b) At the request of the Appeals Board, the attorney general shall act as an impartial
1497 aid to the Appeals Board in outlining the facts and the issues.
1498 Section 32. Section 35A-1-201 is amended to read:
1499 35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
1500 Qualifications -- Responsibilities -- Deputy directors.
1501 (1) (a) The chief administrative officer of the department is the executive director, who
1502 is appointed by the governor with the advice and consent of the Senate.
1503 (b) The executive director serves at the pleasure of the governor.
1504 (c) The executive director shall receive a salary established by the governor within the
1505 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1506 (d) The executive director shall be experienced in administration, management, and
1507 coordination of complex organizations.
1508 (2) The executive director shall:
1509 (a) administer and supervise the department in compliance with Title 67, Chapter 19,
1510 Utah State Personnel Management Act;
1511 (b) supervise and coordinate between the economic service areas and directors created
1512 under Chapter 2, Economic Service Areas;
1513 (c) coordinate policies and program activities conducted through the divisions and
1514 economic service areas of the department;
1515 (d) approve the proposed budget of each division, the Workforce Appeals Board, and
1516 each economic service area within the department;
1517 (e) approve all applications for federal grants or assistance in support of any
1518 department program;
1519 (f) coordinate with the executive directors of the Governor's Office of Economic
1520 Development and the Governor's Office of Management and Budget to review data and metrics
1521 to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
1522 (g) fulfill such other duties as assigned by the Legislature or as assigned by the
1523 governor that are not inconsistent with this title.
1524 (3) The executive director may appoint deputy or assistant directors to assist the
1525 executive director in carrying out the department's responsibilities.
1526 (4) The executive director shall at least annually provide for the sharing of information
1527 between the advisory councils established under this title.
1528 Section 33. Section 35A-8-304 is amended to read:
1529 35A-8-304. Permanent Community Impact Fund Board created -- Members --
1530 Terms -- Chair -- Expenses.
1531 (1) There is created within the department the Permanent Community Impact Fund
1532 Board composed of 11 members as follows:
1533 (a) the chair of the Board of Water Resources or the chair's designee;
1534 (b) the chair of the Water Quality Board or the chair's designee;
1535 (c) the director of the department or the director's designee;
1536 (d) the state treasurer;
1537 (e) the chair of the Transportation Commission or the chair's designee;
1538 (f) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
1539 (g) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
1540 Wayne County;
1541 (h) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
1542 (i) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
1543 County; and
1544 (j) a locally elected official from each of the two counties that produced the most
1545 mineral lease money during the previous four-year period, prior to the term of appointment, as
1546 determined by the department.
1547 (2) (a) The members specified under Subsections (1)(f) through (j) may not reside in
1548 the same county and shall be:
1549 (i) nominated by the Board of Directors of the Southeastern Association of Local
1550 Governments, the Six County Association of Governments, the Uintah Basin Association of
1551 Governments, and the Five County Association of Governments, respectively, except that a
1552 member under Subsection (1)(j) shall be nominated by the Board of Directors of the
1553 Association of Governments from the region of the state in which the county is located; and
1554 (ii) appointed by the governor with the advice and consent of the Senate.
1555 (b) Except as required by Subsection (2)(c), as terms of current board members expire,
1556 the governor shall appoint each new member or reappointed member to a four-year term.
1557 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
1558 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1559 board members are staggered so that approximately half of the board is appointed every two
1560 years.
1561 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1562 appointed for the unexpired term.
1563 (3) The terms of office for the members of the impact board specified under
1564 Subsections (1)(a) through (1)(e) shall run concurrently with the terms of office for the
1565 councils, boards, committees, commission, departments, or offices from which the members
1566 come.
1567 (4) The executive director of the department, or the executive director's designee, is the
1568 chair of the impact board.
1569 (5) A member may not receive compensation or benefits for the member's service, but
1570 may receive per diem and travel expenses in accordance with:
1571 (a) Section 63A-3-106;
1572 (b) Section 63A-3-107; and
1573 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1574 63A-3-107.
1575 Section 34. Section 35A-8-2103 is amended to read:
1576 35A-8-2103. Private Activity Bond Review Board.
1577 (1) There is created within the department the Private Activity Bond Review Board,
1578 composed of the following 11 members:
1579 (a) (i) the executive director of the department or the executive director's designee;
1580 (ii) the executive director of the Governor's Office of Economic Development or the
1581 executive director's designee;
1582 (iii) the state treasurer or the state treasurer's designee;
1583 (iv) the chair of the Board of Regents or the chair's designee; and
1584 (v) the chair of the Utah Housing Corporation or the chair's designee; and
1585 (b) six local government members who are:
1586 (i) three elected or appointed county officials, nominated by the Utah Association of
1587 Counties and appointed by the governor with the advice and consent of the Senate; and
1588 (ii) three elected or appointed municipal officials, nominated by the Utah League of
1589 Cities and Towns and appointed by the governor with the advice and consent of the Senate.
1590 (2) (a) Except as required by Subsection (2)(b), the terms of office for the local
1591 government members of the board of review shall be four-year terms.
1592 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1593 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1594 board of review members are staggered so that approximately half of the board of review is
1595 appointed every two years.
1596 (c) Members may be reappointed only once.
1597 (3) (a) If a local government member ceases to be an elected or appointed official of
1598 the city or county the member is appointed to represent, that membership on the board of
1599 review terminates immediately and there shall be a vacancy in the membership.
1600 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
1601 appointed within 30 days in the manner of the regular appointment for the unexpired term.
1602 (4) (a) The chair of the board of review is the executive director of the department or
1603 the executive director's designee.
1604 (b) The chair is nonvoting except in the case of a tie vote.
1605 (5) Six members of the board of review constitute a quorum.
1606 (6) Formal action by the board of review requires a majority vote of a quorum.
1607 (7) A member may not receive compensation or benefits for the member's service, but
1608 may receive per diem and travel expenses in accordance with:
1609 (a) Section 63A-3-106;
1610 (b) Section 63A-3-107; and
1611 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1612 (8) The chair of the board of review serves as the state official designated under state
1613 law to make certifications required to be made under Section 146 of the code including the
1614 certification required by Section 149(e)(2)(F) of the code.
1615 Section 35. Section 40-6-4 is amended to read:
1616 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of
1617 members -- Terms -- Chair -- Quorum -- Expenses.
1618 (1) (a) There is created within the Department of Natural Resources the Board of Oil,
1619 Gas, and Mining.
1620 (b) The board shall be the policy making body for the Division of Oil, Gas, and
1621 Mining.
1622 (2) (a) The board shall consist of seven members appointed by the governor with the
1623 advice and consent of the Senate.
1624 (b) No more than four members shall be from the same political party.
1625 (c) In accordance with the requirements of Section 79-2-203, the members appointed
1626 under Subsection (2)(a) shall include the following:
1627 (i) two members who are knowledgeable in mining matters;
1628 (ii) two members who are knowledgeable in oil and gas matters;
1629 (iii) one member who is knowledgeable in ecological and environmental matters;
1630 (iv) one member who:
1631 (A) is a private land owner;
1632 (B) owns a mineral or royalty interest; and
1633 (C) is knowledgeable in mineral or royalty interests; and
1634 (v) one member who is knowledgeable in geological matters.
1635 (3) (a) Except as required by Subsection (3)(b), as terms of current board members
1636 expire, the governor shall appoint each new member or reappointed member to a four-year
1637 term.
1638 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1639 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1640 board members are staggered so that approximately half of the board is appointed every two
1641 years.
1642 (c) A member shall hold office until the expiration of the member's term and until the
1643 member's successor is appointed, but not more than 90 days after the expiration of the
1644 member's term.
1645 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1646 be appointed for the unexpired term by the governor with the advice and consent of the Senate.
1647 (b) The person appointed shall have the same qualifications as the person's
1648 predecessor.
1649 (5) (a) The board shall appoint its chair from the membership.
1650 (b) Four members of the board shall constitute a quorum for the transaction of business
1651 and the holding of hearings.
1652 (6) A member may not receive compensation or benefits for the member's service, but
1653 may receive per diem and travel expenses in accordance with:
1654 (a) Section 63A-3-106;
1655 (b) Section 63A-3-107; and
1656 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1657 63A-3-107.
1658 Section 36. Section 49-11-202 is amended to read:
1659 49-11-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
1660 Officers -- Expenses and per diem.
1661 (1) There is established the Utah State Retirement Board composed of seven board
1662 members determined as follows:
1663 (a) Four board members, with experience in investments or banking, shall be appointed
1664 by the governor from the general public.
1665 (b) One board member shall be a school employee appointed by the governor from at
1666 least three nominations submitted by the governing board of the school employees' association
1667 that is representative of a majority of the school employees who are members of a system
1668 administered by the board.
1669 (c) One board member shall be a public employee appointed by the governor from at
1670 least three nominations submitted by the governing board of the public employee association
1671 that is representative of a majority of the public employees who are members of a system
1672 administered by the board.
1673 (d) One board member shall be the state treasurer.
1674 (2) Four board members constitute a quorum for the transaction of business.
1675 (3) (a) All appointments to the board shall be made on a nonpartisan basis, with the
1676 advice and consent of the Senate.
1677 (b) Board members shall serve until their successors are appointed and take the
1678 constitutional oath of office.
1679 (c) When a vacancy occurs on the board for any reason, the replacement shall be
1680 appointed for the unexpired term.
1681 (4) (a) Except as required by Subsection (4)(b), all appointed board members shall
1682 serve for four-year terms.
1683 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1684 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1685 board members are staggered so that:
1686 (i) approximately half of the board is appointed every two years; and
1687 (ii) no more than two of the board members appointed under Subsection (1)(a) are
1688 appointed every two years.
1689 (c) A board member who is appointed as a school employee or as a public employee
1690 who retires or who is no longer employed with a participating employer shall immediately
1691 resign from the board.
1692 (5) (a) Each year the board shall elect a president and vice president from its
1693 membership.
1694 (b) A board member may not receive compensation or benefits for the board member's
1695 service, but may receive per diem and travel expenses in accordance with:
1696 (i) Section 63A-3-106;
1697 (ii) Section 63A-3-107; and
1698 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1699 63A-3-107.
1700 Section 37. Section 51-7-16 is amended to read:
1701 51-7-16. State Money Management Council -- Members -- Terms -- Vacancies --
1702 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
1703 of interests -- Per diem and expenses.
1704 (1) (a) There is created a State Money Management Council composed of five
1705 members appointed by the governor after consultation with the state treasurer and with the
1706 advice and consent of the Senate.
1707 (b) The members of the council shall be qualified by training and experience in the
1708 field of investment or finance as follows:
1709 (i) at least one member, but not more than two members, shall be experienced in the
1710 banking business;
1711 (ii) at least one member, but not more than two members, shall be an elected treasurer;
1712 (iii) at least one member, but not more than two members, shall be an appointed public
1713 treasurer; and
1714 (iv) two members, but not more than two members, shall be experienced in the field of
1715 investment.
1716 (c) No more than three members of the council may be from the same political party.
1717 (2) (a) Except as required by Subsection (2)(b), the council members shall be appointed
1718 for terms of four years.
1719 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1720 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1721 council members are staggered so that approximately half of the council is appointed every two
1722 years.
1723 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1724 appointed for the unexpired term.
1725 (d) All members shall serve until their successors are appointed and qualified.
1726 (3) (a) The council members shall elect a chair and vice chair.
1727 (b) The state treasurer shall serve as executive secretary of the council without vote.
1728 (4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
1729 the council and at other times at the call of the chair, the state treasurer, or any two members of
1730 the council.
1731 (b) Three members are a quorum for the transaction of business.
1732 (c) Actions of the council require a vote of a majority of those present.
1733 (d) All meetings of the council and records of its proceedings are open for inspection
1734 by the public at the state treasurer's office during regular business hours except for:
1735 (i) reports of the commissioner of financial institutions concerning the identity,
1736 liquidity, or financial condition of qualified depositories and the amount of public funds each is
1737 eligible to hold; and
1738 (ii) reports of the director concerning the identity, liquidity, or financial condition of
1739 certified dealers.
1740 (5) (a) Each member of the council shall file a sworn or written statement with the
1741 lieutenant governor that discloses any position or employment or ownership interest that [
1742 the member has in any financial institution or investment organization.
1743 (b) Each member shall file the statement required by this Subsection (5) when [
1744 member becomes a member of the council and when substantial changes in [
1745 position, employment, or ownership interests occur.
1746 (6) A member may not receive compensation or benefits for the member's service, but
1747 may receive per diem and travel expenses in accordance with:
1748 (a) Section 63A-3-106;
1749 (b) Section 63A-3-107; and
1750 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1751 63A-3-107.
1752 Section 38. Section 51-10-206 is amended to read:
1753 51-10-206. Diné Advisory Committee.
1754 (1) There is created the Diné Advisory Committee.
1755 (2) (a) The governor, with the advice and consent of the Senate, shall appoint nine
1756 members to the Diné Advisory Committee.
1757 (b) In making an appointment under Subsection (2)(a), the governor shall ensure that
1758 the Diné Advisory Committee includes:
1759 (i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
1760 San Juan County, Utah;
1761 (ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
1762 Utah;
1763 (iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
1764 resides in San Juan County, Utah;
1765 (iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
1766 resides in San Juan County, Utah;
1767 (v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
1768 of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
1769 is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
1770 Nation;
1771 (vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
1772 in San Juan County, Utah; and
1773 (vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
1774 resides in San Juan County, Utah.
1775 (3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
1776 Dennehotso chapters, shall submit to the governor the names of two nominees to the Diné
1777 Advisory Committee chosen by the chapter.
1778 (ii) The governor shall appoint one of the two persons whose names are submitted
1779 under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory Committee.
1780 (b) (i) The Blue Mountain Diné shall submit to the governor the names of two
1781 nominees to the Diné Advisory Committee.
1782 (ii) The governor shall appoint one of the two persons whose names are submitted
1783 under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory
1784 Committee.
1785 (c) (i) The Aneth Chapter shall submit to the governor the names of two nominees for
1786 each of the two positions to the Diné Advisory Committee representing the Aneth chapter.
1787 (ii) The governor shall appoint two of the persons whose names are submitted under
1788 Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné Advisory Committee.
1789 (d) (i) Subject to Subsection (3)(d)(ii), the Oljato Chapter shall submit to the governor
1790 the names of two nominees for each of the two positions to the Diné Advisory Committee
1791 representing the Oljato Chapter and the Dennehotso Chapter.
1792 (ii) The Dennehotso Chapter may submit one nominee for purposes of the governor
1793 appointing a representative of the Oljato Chapter and the Dennehotso Chapter.
1794 (iii) The governor shall appoint two of the persons whose names are submitted under
1795 Subsection (3)(d)(i) or (ii) to be the representatives on the Diné Advisory Committee of the
1796 Oljato Chapter and the Dennehotso Chapter.
1797 (e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
1798 Mountain Diné shall ensure that the individual's whose name is submitted:
1799 (i) is an enrolled member of the Navajo Nation;
1800 (ii) resides in San Juan County, Utah;
1801 (iii) is 21 years of age or older;
1802 (iv) is not an officer of the chapter;
1803 (v) has not been convicted of a felony; and
1804 (vi) is not currently, or within the last 12 months has not been, an officer, director,
1805 employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
1806 expenditure of:
1807 (A) the Division of Indian Affairs; or
1808 (B) the fund.
1809 (4) If both members appointed under Subsection (2)(b)(v) are registered members of
1810 the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
1811 (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
1812 by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
1813 Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
1814 (i) the Division of Indian Affairs;
1815 (ii) the fund; or
1816 (iii) the Division of Indian Affairs or fund as an officer, director, employee, or
1817 contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
1818 of:
1819 (A) the Division of Indian Affairs; or
1820 (B) the fund.
1821 (b) A member of the Diné Advisory Committee may receive a benefit from an
1822 expenditure of the fund if:
1823 (i) when the benefit is discussed by the Diné Advisory Committee:
1824 (A) the member discloses that the member may receive the benefit;
1825 (B) the member physically leaves the room in which the Diné Advisory Committee is
1826 discussing the benefit; and
1827 (C) the Diné Advisory Committee approves the member receiving the benefit by a
1828 unanimous vote of the members present at the meeting discussing the benefit;
1829 (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
1830 (iii) the member is in compliance with the ethics and conflict of interest policy required
1831 under Subsection 51-10-204(2)(c);
1832 (iv) (A) the expenditure from the fund is made in accordance with this chapter; and
1833 (B) the benefit is no greater than the benefit available to members of the Navajo Nation
1834 residing in San Juan County, Utah; and
1835 (v) the member is not receiving the benefit as an officer, director, employee, or
1836 contractor of a service provider.
1837 (6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
1838 members expire, the governor shall appoint each new member or reappointed member to a
1839 four-year term.
1840 (ii) The governor shall, at the time of appointment or reappointment, adjust the length
1841 of terms to ensure that the terms of committee members are staggered so that approximately
1842 half of the Diné Advisory Committee is appointed every two years.
1843 (iii) The terms of the Aneth Chapter's representatives appointed under Subsection
1844 (3)(c)(ii) shall be staggered in accordance with this Subsection (6) so that only one position is
1845 appointed by the governor in a year.
1846 (iv) The terms of the Oljato Chapter's and the Dennehotso Chapter's representatives
1847 appointed under Subsection (3)(d) shall be staggered in accordance with this Subsection (6) so
1848 that only one position is appointed by the governor in a year.
1849 (b) Except as provided in Subsection (6)(c), a committee member shall serve until the
1850 committee member's successor is appointed and qualified.
1851 (c) If a committee member is absent from three consecutive committee meetings, or if
1852 the committee member violates the ethical or conflict of interest policies established by statute
1853 or the Diné Advisory Committee:
1854 (i) the committee member's appointment is terminated;
1855 (ii) the position is vacant; and
1856 (iii) the governor shall appoint a replacement.
1857 (d) When a vacancy occurs in the membership for any reason, the governor shall
1858 appoint a replacement for the unexpired term according to the procedures of this section.
1859 (e) The governor may appoint an individual to more than one term on the Diné
1860 Advisory Committee.
1861 (7) (a) The committee members shall select a chair and vice chair from committee
1862 membership each two years subsequent to the appointment of new committee members.
1863 (b) Five members of the Diné Advisory Committee is a quorum for the transaction of
1864 business.
1865 (c) The Diné Advisory Committee shall:
1866 (i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
1867 (ii) ensure that its meetings are held at or near:
1868 (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
1869 (B) other places in Utah that the Diné Advisory Committee considers practical and
1870 appropriate; and
1871 (iii) ensure that its meetings are public hearings at which a resident of San Juan
1872 County, Utah, may appear and speak.
1873 (8) A committee member may not receive compensation or benefits for the committee
1874 member's service, but may receive per diem and travel expenses in accordance with policy
1875 adopted by the board.
1876 (9) The trust administrator shall staff the Diné Advisory Committee.
1877 (10) The Diné Advisory Committee shall advise the trust administrator about the
1878 expenditure of fund money.
1879 Section 39. Section 53-1-107 is amended to read:
1880 53-1-107. Commissioner of public safety -- Appointment -- Qualifications --
1881 Salary.
1882 (1) The chief executive officer of the department is the commissioner.
1883 (2) (a) Every fourth year after the year 1989, the governor shall appoint a commissioner
1884 with the advice and consent of the Senate.
1885 (b) The commissioner shall serve for a period of four years from July 1 of the year of
1886 [
1887 (3) The commissioner shall:
1888 (a) be an individual of recognized executive and administrative capacity;
1889 (b) be selected solely with regard to [
1890 to discharge the duties of the commissioner's office;
1891 (c) be of high moral character;
1892 (d) be of good standing in the community in which [
1893 (e) have been a resident of this state for a period of at least five years immediately prior
1894 to [
1895 (4) The commissioner shall devote full time to the duties of the office.
1896 (5) The governor shall establish the commissioner's salary within the salary range fixed
1897 by the Legislature in Title 67, Chapter 22, State Officer Compensation.
1898 Section 40. Section 53-2a-1103 is amended to read:
1899 53-2a-1103. Search and Rescue Advisory Board -- Members -- Compensation.
1900 (1) There is created the Search and Rescue Advisory Board consisting of seven
1901 members appointed as follows:
1902 (a) two representatives designated by the Utah Sheriff's Association, who are members
1903 of a voluntary search and rescue unit operating in the state, one of whom is from a county
1904 having a population of 75,000 or more; and one from a county having a population of less than
1905 75,000;
1906 (b) three sheriffs designated by the Utah Sheriff's Association, at least one of whom
1907 shall be from a county having a population of 75,000 or more, and at least one of whom shall
1908 be from a county having a population of less than 75,000;
1909 (c) one representative of the Division of Emergency Management designated by the
1910 director; and
1911 (d) one private citizen appointed by the governor with the advice and consent of the
1912 Senate.
1913 (2) (a) The term of each member of the board is four years.
1914 (b) A member may be reappointed to successive terms.
1915 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1916 appointed for the unexpired term.
1917 (d) In order to stagger the terms of membership, the members appointed or reappointed
1918 to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two
1919 years, and all subsequent terms shall be four years.
1920 (3) A member may not receive compensation or benefits for the member's service, but
1921 may receive per diem and travel expenses in accordance with:
1922 (a) Section 63A-3-106;
1923 (b) Section 63A-3-107; and
1924 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1925 63A-3-107.
1926 Section 41. Section 53B-1-104 is amended to read:
1927 53B-1-104. Membership of the board -- Student appointee -- Terms -- Oath --
1928 Officers -- Committees -- Bylaws -- Meetings -- Quorum -- Vacancies -- Compensation.
1929 (1) Except as provided in Subsection (2), the board consists of 17 residents of the state
1930 appointed by the governor with the advice and consent of the Senate, as follows:
1931 (a) eight at-large members;
1932 (b) eight members, each of whom is:
1933 (i) selected from three nominees presented to the governor by a higher education
1934 institution board of trustees; and
1935 (ii) a current or former member of the institution of higher education board of trustees
1936 that nominates the member; and
1937 (c) one member, selected from three nominees presented to the governor by the student
1938 body presidents of the institutions of higher education, who:
1939 (i) is a fully matriculated student enrolled in an institution of higher education; and
1940 (ii) is not serving as a student body president at the time of the nomination.
1941 (2) (a) (i) An individual appointed to the board on or before May 8, 2017, may serve on
1942 the board, even if the individual does not fulfill a requirement for the composition of the board
1943 described in Subsection (1).
1944 (ii) The governor may reappoint a member described in Subsection (2)(a)(i) when the
1945 member's term expires.
1946 (b) An individual appointed to the board on or before May 8, 2017, who is a current or
1947 former member of an institution of higher education board of trustees is the board member for
1948 the institution of higher education described in Subsection (1)(b).
1949 (c) (i) Subject to Subsection (2)(c)(ii), as positions on the board become vacant, the
1950 governor shall ensure that newly appointed members move the board toward the composition
1951 described in Subsection (1).
1952 (ii) In appointing a new member to the board, the governor shall first appoint a member
1953 described in Subsection (1)(b) until the eight positions described in Subsection (1)(b) are filled.
1954 (3) (a) All appointments to the board shall be made on a nonpartisan basis.
1955 (b) In making appointments to the board, the governor shall consider:
1956 (i) geographic representation of members;
1957 (ii) diversity;
1958 (iii) experience in higher education governance;
1959 (iv) experience in economic development; and
1960 (v) exposure to institutions of higher education.
1961 (c) An individual may not serve simultaneously on the State Board of Regents and an
1962 institution of higher education board of trustees.
1963 (4) (a) Except as provided in Subsection (4)(b), members of the board shall be
1964 appointed to six-year staggered terms, which begin on July 1 of the year of appointment.
1965 (b) A student member described in Subsection (1)(c) shall be appointed to a one-year
1966 term.
1967 (c) (i) The governor may remove a member of the board for cause.
1968 (ii) The governor shall consult with the president of the Senate before removing a
1969 member of the board.
1970 (5) (a) A member of the board shall take the official oath of office before entering upon
1971 the duties of office.
1972 (b) The oath shall be filed with the Division of Archives and Records Services.
1973 (6) The board shall elect a chair and vice chair from among the board's members who
1974 shall serve terms of two years and until their successors are chosen and qualified.
1975 (7) (a) The board shall appoint a secretary from the staff of the board's chief executive
1976 to serve at the board's discretion.
1977 (b) The secretary is a full-time employee who receives a salary set by the board.
1978 (c) The secretary shall record and maintain a record of all board meetings and perform
1979 other duties as the board directs.
1980 (8) (a) The board may establish advisory committees.
1981 (b) The powers and authority of the board are nondelegable, except as specifically
1982 provided for in this title.
1983 (c) All matters requiring board determination shall be addressed in a properly convened
1984 meeting of the board or the board's executive committee.
1985 (9) The board shall enact bylaws for the board's own government not inconsistent with
1986 the constitution or the laws of this state.
1987 (10) (a) The board shall meet regularly upon the board's own determination.
1988 (b) The board may also meet, in full or executive session, at the request of the chair,
1989 the executive officer, or five members of the board.
1990 (11) A quorum of the voting members of the board is required to conduct the board's
1991 business and consists of nine members.
1992 (12) (a) A vacancy in the board occurring before the expiration of a voting member's
1993 full term shall be immediately filled by appointment by the governor with the advice and
1994 consent of the Senate.
1995 (b) An individual appointed under Subsection (12)(a) serves for the remainder of the
1996 unexpired term.
1997 (13) A board member may not receive compensation or benefits for the member's
1998 service, but may receive per diem and travel expenses in accordance with:
1999 (a) Section 63A-3-106;
2000 (b) Section 63A-3-107; and
2001 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2002 63A-3-107.
2003 Section 42. Section 53B-1-105 is amended to read:
2004 53B-1-105. Appointment of commissioner of higher education -- Qualifications --
2005 Duties.
2006 (1) (a) The board, upon approval from the governor and with the advice and consent of
2007 the Senate for each appointee nominated on or after May 8, 2012, shall appoint a commissioner
2008 of higher education to serve at its pleasure as its chief executive officer.
2009 (b) The commissioner may be terminated by:
2010 (i) the board; or
2011 (ii) the governor, after consultation with the board.
2012 (c) The board shall:
2013 (i) set the salary of the commissioner;
2014 (ii) prescribe the duties and functions of the commissioner; and
2015 (iii) select a commissioner on the basis of outstanding professional qualifications.
2016 (2) The commissioner is responsible to the board to:
2017 (a) ensure that the policies and programs of the board are properly executed;
2018 (b) furnish information about the state system of higher education and make
2019 recommendations regarding that information to the board;
2020 (c) provide state-level leadership in any activity affecting an institution in the state
2021 system of higher education; and
2022 (d) perform other duties assigned by the board in carrying out its duties and
2023 responsibilities.
2024 Section 43. Section 53B-2-104 is amended to read:
2025 53B-2-104. Institution of higher education board of trustees -- Membership --
2026 Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees --
2027 Compensation.
2028 (1) (a) Except as provided in Subsection (10), the board of trustees of an institution of
2029 higher education consists of the following:
2030 (i) except as provided in Subsection (1)(c), eight individuals appointed by the governor
2031 with the advice and consent of the Senate; and
2032 (ii) two ex officio members who are the president of the institution's alumni
2033 association, and the president of the associated students of the institution.
2034 (b) The appointed members of the boards of trustees for Utah Valley University and
2035 Salt Lake Community College shall be representative of the interests of business, industry, and
2036 labor.
2037 (c) (i) The board of trustees of Utah State University has nine individuals appointed by
2038 the governor with the advice and consent of the Senate.
2039 (ii) One of the nine individuals described in Subsection (1)(c)(i) shall reside in the
2040 Utah State University Eastern service region or the Utah State University Blanding service
2041 region.
2042 (2) (a) The governor shall appoint four members of each board of trustees during each
2043 odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
2044 (b) Except as provided in Subsection (2)(d), a member appointed under Subsection
2045 (1)(a)(i) or (1)(c)(i) holds office until a successor is appointed and qualified.
2046 (c) The ex officio members serve for the same period as they serve as presidents and
2047 until their successors have qualified.
2048 (d) (i) The governor may remove a member appointed under Subsection (1)(a)(i) or
2049 (1)(c)(i) for cause.
2050 (ii) The governor shall consult with the president of the Senate before removing a
2051 member appointed under Subsection (1)(a)(i) or (1)(c)(i).
2052 (3) When a vacancy occurs in the membership of a board of trustees for any reason, the
2053 replacement shall be appointed for the unexpired term.
2054 (4) (a) Each member of a board of trustees shall take the official oath of office prior to
2055 assuming the office.
2056 (b) The oath shall be filed with the Division of Archives and Records Services.
2057 (5) A board of trustees shall elect a chair and vice chair, who serve for two years and
2058 until their successors are elected and qualified.
2059 (6) (a) A board of trustees may enact bylaws for the board of trustees' own government,
2060 including provisions for regular meetings.
2061 (b) (i) A board of trustees may provide for an executive committee in the board of
2062 trustees' bylaws.
2063 (ii) If established, an executive committee shall have full authority of the board of
2064 trustees to act upon routine matters during the interim between board of trustees meetings.
2065 (iii) An executive committee may act on nonroutine matters only under extraordinary
2066 and emergency circumstances.
2067 (iv) An executive committee shall report the executive committee's activities to the
2068 board of trustees at the board of trustees' next regular meeting following the action.
2069 (c) Copies of a board of trustees' bylaws shall be filed with the board.
2070 (7) A quorum is required to conduct business and consists of six members.
2071 (8) A board of trustees may establish advisory committees.
2072 (9) A member may not receive compensation or benefits for the member's service, but
2073 may receive per diem and travel expenses in accordance with:
2074 (a) Section 63A-3-106;
2075 (b) Section 63A-3-107; and
2076 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2077 63A-3-107.
2078 (10) This section does not apply to a technical college board of directors described in
2079 Section 53B-2a-108.
2080 Section 44. Section 53B-2a-103 is amended to read:
2081 53B-2a-103. UTech Board of Trustees -- Membership -- Terms -- Vacancies --
2082 Oath -- Officers -- Quorum -- Committees -- Compensation.
2083 (1) There is created the UTech Board of Trustees.
2084 (2) (a) Beginning on July 1, 2019, the board of trustees is composed of 15 members
2085 appointed by the governor with the advice and consent of the Senate, as follows:
2086 (i) one member selected from at least two nominees presented to the governor by the
2087 board of directors of each technical college, for a total of eight members; and
2088 (ii) one member who is employed in and represents each of the following sectors:
2089 (A) information technology;
2090 (B) manufacturing;
2091 (C) life sciences;
2092 (D) health care;
2093 (E) transportation;
2094 (F) union craft, trade, or apprenticeship; and
2095 (G) non-union craft, trade, or apprenticeship.
2096 (b) The seven members described in Subsection (2)(a)(ii) shall be selected from the
2097 state at large, subject to the following conditions:
2098 (i) at least four members shall reside in a geographic area served by a technical college;
2099 and
2100 (ii) no more than two members may reside in a single geographic area served by a
2101 technical college.
2102 (c) The governor shall make appointments to the board of trustees on a nonpartisan
2103 basis.
2104 (d) An individual may not serve on the board of trustees and a technical college board
2105 of directors simultaneously.
2106 (3) (a) (i) Except as provided under Subsection (3)(a)(ii), a member shall be appointed
2107 commencing on July 1 of each odd-numbered year to a four-year term.
2108 (ii) The governor shall ensure that member terms are staggered so that approximately
2109 one-half of the members' terms expire in any odd-numbered year.
2110 (b) A member may not hold office for more than two consecutive full terms.
2111 (c) (i) The governor may remove a member of the board of trustees for cause.
2112 (ii) The governor shall consult with the president of the Senate before removing a
2113 member of the board of trustees.
2114 (4) When a vacancy occurs on the board of trustees for any reason, the governor shall
2115 appoint a replacement for the unexpired term.
2116 (5) (a) Each member shall take the official oath of office prior to assuming the office.
2117 (b) The oath shall be filed with the Division of Archives and Records Services.
2118 (6) (a) The board of trustees shall elect a chair and vice chair, who serve for two years
2119 and until their successors are elected and qualified.
2120 (b) A member may not serve more than two consecutive terms as the chair or vice
2121 chair.
2122 (7) (a) The board of trustees shall enact bylaws for the board of trustees' own
2123 government, including provisions for regular meetings.
2124 (b) (i) The board of trustees shall provide for an executive committee in the board of
2125 trustees' bylaws.
2126 (ii) The executive committee shall have full authority of the board of trustees to act
2127 upon routine matters during the interim between board of trustees meetings.
2128 (iii) The executive committee may act on nonroutine matters only under extraordinary
2129 and emergency circumstances.
2130 (iv) The executive committee shall report the executive committee's activities to the
2131 board of trustees at the board of trustees' next regular meeting following the executive
2132 committee's activities.
2133 (8) A quorum shall be required to conduct business which shall consist of a majority of
2134 board of trustee members.
2135 (9) The board of trustees may establish advisory committees.
2136 (10) A member may not receive compensation or benefits for the member's service, but
2137 may receive per diem and travel expenses in accordance with:
2138 (a) Section 63A-3-106;
2139 (b) Section 63A-3-107; and
2140 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2141 63A-3-107.
2142 Section 45. Section 53B-2a-108 is amended to read:
2143 53B-2a-108. Technical college boards of directors -- Membership --
2144 Appointments.
2145 (1) As used in this section:
2146 (a) "Higher education institution" means the same as that term is defined in Section
2147 53B-2a-112.
2148 (b) "Technical college service area" means the geographic area served by each
2149 technical college as described in Section 53B-2a-105.
2150 (2) A technical college board of directors consists of:
2151 (a) one member of the local school board for each school district in the technical
2152 college service area, appointed by the local school board to which the member belongs;
2153 (b) except as provided in Subsection (3)(b), one individual who is a member of the
2154 higher education institution board of trustees, appointed by the higher education institution
2155 board of trustees; and
2156 (c) a number of individuals, appointed by the governor with the advice and consent of
2157 the Senate, that is:
2158 (i) seven for:
2159 (A) Tooele Technical College;
2160 (B) Uintah Basin Technical College; and
2161 (C) Dixie Technical College;
2162 (ii) eight for:
2163 (A) Bridgerland Technical College;
2164 (B) Ogden-Weber Technical College;
2165 (C) Davis Technical College; and
2166 (D) Southwest Technical College; or
2167 (iii) nine for Mountainland Technical College.
2168 (3) (a) In appointing the members described in Subsection (2)(c), the governor shall
2169 appoint individuals who represent the interests of business, industry, or labor in the technical
2170 college service area.
2171 (b) If no member of the institution of higher education board of trustees lives within
2172 the technical college service area, the institution of higher education board of trustees may
2173 nominate an individual to be appointed by the governor with the advice and consent of the
2174 Senate instead of appointing a member described in Subsection (2)(b).
2175 (4) (a) The governor may remove a member appointed under Subsection (2)(c) or
2176 (3)(b) for cause.
2177 (b) The governor shall consult with the president of the Senate before removing a
2178 member appointed under Subsection (2)(c) or (3)(b).
2179 (5) (a) Notwithstanding Subsection (2) or 53B-2a-109(2), an individual appointed to a
2180 technical college board of directors on or before May 7, 2018, may continue to serve on the
2181 technical college board of directors until the end of the individual's current term, even if the
2182 total number of members on the technical college board of directors exceeds the number of
2183 members for the technical college board of directors described in Subsection (2).
2184 (b) Notwithstanding Subsection (2), the governor may only make an appointment
2185 described in Subsection (2)(c) if the number of members on the technical college board of
2186 directors following the appointment will be less than or equal to the number of members for the
2187 technical college board of directors described in Subsection (2).
2188 Section 46. Section 53C-1-202 is amended to read:
2189 53C-1-202. Board of trustees membership -- Nomination list -- Qualifications --
2190 Terms -- Replacement -- Chair -- Quorum.
2191 (1) There is established the School and Institutional Trust Lands Board of Trustees.
2192 (2) The board shall consist of seven members appointed on a nonpartisan basis by the
2193 governor with the advice and consent of the Senate.
2194 (3) (a) Except for the appointment made pursuant to Subsection (5), all appointments
2195 to the board shall be for a nonconsecutive term of six years, or until a replacement has been
2196 appointed and confirmed pursuant to this section.
2197 (b) If a vacancy occurs, the governor shall appoint a replacement, following the
2198 procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
2199 (c) Any member of the board who has served less than six years upon the expiration of
2200 that member's term is eligible for a consecutive reappointment.
2201 (4) (a) The governor shall select six of the seven appointees to the board from a
2202 nomination list of at least two candidates for each position or vacancy submitted pursuant to
2203 Section 53C-1-203.
2204 (b) The governor may request an additional nomination list of at least two candidates
2205 from the nominating committee if the initial list of candidates for a given position is
2206 unacceptable.
2207 (c) (i) If the governor fails to select an appointee within 60 days after receipt of the
2208 initial list or within 60 days after the receipt of an additional list, the nominating committee
2209 shall make an interim appointment by majority vote.
2210 (ii) The interim appointee shall serve until the matter is resolved by the committee and
2211 the governor or until replaced pursuant to this chapter.
2212 (5) (a) The governor may appoint one member without requiring a nomination list.
2213 (b) The member appointed under Subsection (5)(a) serves at the pleasure of the
2214 governor.
2215 (6) (a) Each board candidate shall possess outstanding professional qualifications
2216 pertinent to the purposes and activities of the trust.
2217 (b) The board shall represent the following areas of expertise:
2218 (i) nonrenewable resource management or development;
2219 (ii) renewable resource management or development; and
2220 (iii) real estate.
2221 (c) Other qualifications which are pertinent for membership to the board are expertise
2222 in any of the following areas:
2223 (i) business;
2224 (ii) investment banking;
2225 (iii) finance;
2226 (iv) trust administration;
2227 (v) asset management; and
2228 (vi) the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i)
2229 through (v).
2230 (7) The board of trustees shall select a chair and vice chair from its membership.
2231 (8) Before assuming a position on the board, each member shall take an oath of office.
2232 (9) Four members of the board constitute a quorum for the transaction of business.
2233 (10) The governor or five board members may, for cause, remove a member of the
2234 board.
2235 Section 47. Section 53E-3-921 is amended to read:
2236 53E-3-921. Appointment of compact commissioner.
2237 The governor, with the advice and consent of the Senate, shall appoint a compact
2238 commissioner to carry out the duties described in this part.
2239 Section 48. Section 53G-5-201 is amended to read:
2240 53G-5-201. State Charter School Board created.
2241 (1) As used in this section, "organization that represents Utah's charter schools" means
2242 an organization, except a governmental entity, that advocates for charter schools, charter school
2243 parents, or charter school students.
2244 (2) (a) The State Charter School Board is created consisting of the following members
2245 appointed by the governor with the advice and consent of the Senate :
2246 (i) one member who has expertise in finance or small business management;
2247 (ii) three members who:
2248 (A) are nominated by an organization that represents Utah's charter schools; and
2249 (B) have expertise or experience in developing or administering a charter school;
2250 (iii) two members who are nominated by the state board; and
2251 (iv) one member who:
2252 (A) has expertise in personalized learning, including digital teaching and learning or
2253 deliberate practice; and
2254 (B) supports innovation in education.
2255 (b) Each appointee shall have demonstrated dedication to the purposes of charter
2256 schools as outlined in Section 53G-5-104.
2257 (c) At least two candidates shall be nominated for each appointment made under
2258 Subsection (2)(a)(ii) or (iii).
2259 (d) The governor may seek nominations for a prospective appointment under
2260 Subsection (2)(a)(ii) from one or more organizations that represent Utah's charter schools.
2261 (3) (a) State Charter School Board members shall serve four-year terms.
2262 (b) If a vacancy occurs, the governor shall, with the advice and consent of the Senate,
2263 appoint a replacement for the unexpired term.
2264 (4) The governor may remove a member at any time for official misconduct, habitual
2265 or willful neglect of duty, or for other good and sufficient cause.
2266 (5) (a) The State Charter School Board shall annually elect a chair from its
2267 membership.
2268 (b) Four members of the State Charter School Board shall constitute a quorum.
2269 (c) Meetings may be called by the chair or upon request of three members of the State
2270 Charter School Board.
2271 (6) A member may not receive compensation or benefits for the member's service, but
2272 may receive per diem and travel expenses in accordance with:
2273 (a) Section 63A-3-106;
2274 (b) Section 63A-3-107; and
2275 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2276 63A-3-107.
2277 Section 49. Section 54-1-1.5 is amended to read:
2278 54-1-1.5. Appointment of members -- Terms -- Qualifications -- Chairman --
2279 Quorum -- Removal -- Vacancies -- Compensation.
2280 The commission shall be composed of three members appointed by the governor with
2281 the advice and consent of the Senate. The terms of the members shall be staggered so that one
2282 commissioner is appointed for a term of six years on March 1 of each odd-numbered year. Not
2283 more than two members of the commission shall belong to the same political party. One
2284 member of the commission shall be designated by the governor as chairman of the commission.
2285 Any two commissioners constitute a quorum. Any member of the commission may be
2286 removed for cause by the governor. Vacancies in the commission shall be filled for unexpired
2287 terms by appointment of the governor. Commissioners shall receive compensation as
2288 established by the governor within the salary range fixed by the Legislature in Title 67, Chapter
2289 22, State Officer Compensation, and all actual and necessary expenses incurred in attending to
2290 official business. Each commissioner at the time of appointment and qualification shall be a
2291 resident citizen of the United States and of the state of Utah and shall be not less than 30 years
2292 of age. Except as provided by law, no commissioner may hold any other office either under the
2293 government of the United States or of this state or of any municipal corporation within this
2294 state.
2295 Section 50. Section 54-10a-201 is amended to read:
2296 54-10a-201. Office of Consumer Services -- Director.
2297 (1) There is created within the Department of Commerce the "Office of Consumer
2298 Services."
2299 (2) (a) The governor shall appoint, with the concurrence of the Committee of
2300 Consumer Services and the advice and consent of the Senate, a qualified person in the field of
2301 public utilities to be the director of the office.
2302 (b) The director shall serve for a term of six years.
2303 (c) For purposes of the individual who is the director on May 12, 2009, that
2304 individual's six-year term is considered to begin on July 1, 2009.
2305 (d) The governor may remove the director for cause.
2306 (3) In accordance with this chapter, the director shall on behalf of the office:
2307 (a) represent residential consumers and small commercial consumers of an applicable
2308 public utility; and
2309 (b) represent the interests of:
2310 (i) residential consumers; and
2311 (ii) small commercial consumers.
2312 Section 51. Section 59-1-201 is amended to read:
2313 59-1-201. Composition of commission -- Terms -- Removal from office --
2314 Appointment.
2315 (1) The commission shall be composed of four members appointed by the governor
2316 with the advice and consent of the Senate.
2317 (2) Subject to Subsection (3), the term of office of each commissioner shall be for four
2318 years and expire on June 30 of the year the term ends.
2319 (3) The governor shall stagger a term described in Subsection (2) so that the term of
2320 one commissioner expires each year.
2321 (4) A commissioner shall hold office until a successor is appointed and qualified.
2322 (5) (a) The governor may remove a commissioner from office for neglect of duty,
2323 inefficiency, or malfeasance, after notice and a hearing.
2324 (b) If the governor removes a commissioner from office and appoints another person to
2325 replace the commissioner, the person the governor appoints to replace the commissioner:
2326 (i) shall serve for the remainder of the unexpired term; and
2327 (ii) may be reappointed as the governor determines.
2328 (6) (a) Before appointing a commissioner, the governor shall request a list of names of
2329 potential appointees from:
2330 (i) the Utah State Bar;
2331 (ii) one or more organizations that represent certified public accountants who are
2332 licensed to practice in the state;
2333 (iii) one or more organizations that represent persons who assess or appraise property
2334 in the state; and
2335 (iv) one or more national organizations that:
2336 (A) offer a professional certification in the areas of property tax, sales and use tax, and
2337 state income tax;
2338 (B) require experience, education, and testing to obtain the certification; and
2339 (C) require additional education to maintain the certification.
2340 (b) In appointing a commissioner, the governor shall consider:
2341 (i) to the extent names of potential appointees are submitted, the names of potential
2342 appointees submitted in accordance with Subsection (6)(a); and
2343 (ii) any other potential appointee of the governor's own choosing.
2344 Section 52. Section 59-1-206 is amended to read:
2345 59-1-206. Appointment of staff -- Executive director -- Compensation --
2346 Administrative secretary -- Internal audit unit -- Appeals office staff -- Division directors
2347 -- Criminal tax investigators.
2348 (1) The commission shall appoint the following persons who are qualified,
2349 knowledgeable, and experienced in matters relating to their respective positions, exempt under
2350 Title 67, Chapter 19, Utah State Personnel Management Act, to serve at the pleasure of, and
2351 who are directly accountable to, the commission:
2352 (a) in consultation with the governor and with the advice and consent of the Senate, an
2353 executive director;
2354 (b) an administrative secretary;
2355 (c) an internal audit unit; and
2356 (d) an appeals staff.
2357 (2) The governor shall establish the executive director's salary within the salary range
2358 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
2359 (3) Division directors shall be appointed by the executive director subject to the
2360 approval of the commission. The division directors are exempt employees under Title 67,
2361 Chapter 19, Utah State Personnel Management Act.
2362 (4) (a) The executive director may with the approval of the commission employ
2363 additional staff necessary to perform the duties and responsibilities of the commission. These
2364 employees are subject to Title 67, Chapter 19, Utah State Personnel Management Act.
2365 (b) (i) The executive director may under Subsection (4)(a) employ criminal tax
2366 investigators to help the commission carry out its duties and responsibilities regarding criminal
2367 provisions of the state tax laws. The executive director may not employ more than eight
2368 criminal tax investigators at one time.
2369 (ii) The executive director may designate investigators hired under this Subsection
2370 (4)(b) as special function officers, as defined in Section 53-13-105, to enforce the criminal
2371 provisions of the state tax laws.
2372 (iii) Notwithstanding Section 49-15-201, any special function officer designated under
2373 this Subsection (4)(b) may not become or be designated as a member of the Public Safety
2374 Retirement Systems.
2375 (5) The internal audit unit shall provide the following:
2376 (a) an examination to determine the honesty and integrity of fiscal affairs, the accuracy
2377 and reliability of financial statements and reports, and the adequacy and effectiveness of
2378 financial controls to properly record and safeguard the acquisition, custody, and use of public
2379 funds;
2380 (b) an examination to determine whether commission administrators have faithfully
2381 adhered to commission policies and legislative intent;
2382 (c) an examination to determine whether the operations of the divisions and other units
2383 of the commission have been conducted in an efficient and effective manner;
2384 (d) an examination to determine whether the programs administered by the divisions
2385 and other units of the commission have been effective in accomplishing intended objectives;
2386 and
2387 (e) an examination to determine whether management control and information systems
2388 are adequate and effective in assuring that commission programs are administered faithfully,
2389 efficiently, and effectively.
2390 (6) The appeals office shall receive and hear appeals to the commission and shall
2391 conduct the hearings in compliance with formal written rules approved by the commission.
2392 The commission has final review authority over the appeals.
2393 Section 53. Section 61-1-18.5 is amended to read:
2394 61-1-18.5. Securities Commission -- Transition.
2395 (1) (a) There is created a Securities Commission.
2396 (b) The division shall provide staffing to the commission.
2397 (2) (a) The commission shall:
2398 (i) formulate and make recommendations to the director regarding policy and
2399 budgetary matters;
2400 (ii) submit recommendations regarding registration requirements;
2401 (iii) formulate and make recommendations to the director regarding the establishment
2402 of reasonable fees;
2403 (iv) act in an advisory capacity to the director with respect to the exercise of the
2404 director's duties, powers, and responsibilities;
2405 (v) conduct an administrative hearing under this chapter that is not:
2406 (A) delegated by the commission to an administrative law judge or the division relating
2407 to a violation of this chapter; or
2408 (B) expressly delegated to the division under this chapter;
2409 (vi) except as provided in Subsection (2)(b), and consistent with Section 61-1-20,
2410 impose a sanction as provided in this chapter;
2411 (vii) review rules made by the division for purposes of concurrence in accordance with
2412 Section 61-1-24; and
2413 (viii) perform other duties as this chapter provides.
2414 (b) (i) The commission may delegate to the division the authority to impose a sanction
2415 under this chapter.
2416 (ii) If under Subsection (2)(b)(i) the commission delegates to the division the authority
2417 to impose a sanction, a person who is subject to the sanction may petition the commission for
2418 review of the sanction.
2419 (iii) A person who is sanctioned by the division in accordance with this Subsection
2420 (2)(b) may seek agency review by the executive director only after the commission reviews the
2421 division's action.
2422 (3) (a) The governor shall appoint five members to the commission with the advice and
2423 consent of the Senate as follows:
2424 (i) two members from the securities brokerage community:
2425 (A) who are not from the same broker-dealer or affiliate; and
2426 (B) who have at least five years prior experience in securities matters;
2427 (ii) one member from the securities section of the Utah State Bar:
2428 (A) whose practice primarily involves:
2429 (I) corporate securities; or
2430 (II) representation of plaintiffs in securities cases;
2431 (B) who does not routinely represent clients involved in:
2432 (I) civil or administrative litigation with the division; or
2433 (II) criminal cases brought under this chapter; and
2434 (C) who has at least five years prior experience in securities matters;
2435 (iii) one member who is an officer or director of a business entity not subject to the
2436 reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and
2437 (iv) one member from the public at large who has no active participation in the
2438 securities business.
2439 (b) A member may not serve more than two consecutive terms.
2440 (4) (a) Except as required by Subsection (4)(b) and subject to Subsection (4)(c), as
2441 terms of current members expire, the governor shall appoint a new member or reappointed
2442 member to a four-year term.
2443 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
2444 or reappointment, adjust the length of terms to ensure that the terms of commission members
2445 are staggered so that approximately half of the commission is appointed every two years.
2446 (c) For purposes of making an appointment to the commission, the governor:
2447 (i) shall as of May 12, 2009:
2448 (A) appoint all five members of the commission; and
2449 (B) stagger the terms of the five members of the commission to comply with
2450 Subsection (4)(b); and
2451 (ii) may not consider the commission an extension of the previous Securities Advisory
2452 Board.
2453 (d) When a vacancy occurs in the membership for any reason, the governor shall
2454 appoint a replacement member for the unexpired term.
2455 (e) A member shall serve until the member's respective successor is appointed and
2456 qualified.
2457 (f) The commission shall annually select one member to serve as chair of the
2458 commission.
2459 (5) (a) The commission shall meet:
2460 (i) at least quarterly on a regular date to be fixed by the commission; and
2461 (ii) at such other times at the call of:
2462 (A) the director; or
2463 (B) any two members of the commission.
2464 (b) A majority of the commission shall constitute a quorum for the transaction of
2465 business.
2466 (c) An action of the commission requires a vote of a majority of members present.
2467 (6) A member of the commission shall, by sworn and written statement filed with the
2468 Department of Commerce and the lieutenant governor, disclose any position of employment or
2469 ownership interest that the member has with respect to an entity or business subject to the
2470 jurisdiction of the division or commission. This statement shall be filed upon appointment and
2471 must be appropriately amended whenever significant changes occur in matters covered by the
2472 statement.
2473 (7) A member may not receive compensation or benefits for the member's service, but
2474 may receive per diem and travel expenses in accordance with:
2475 (a) Section 63A-3-106;
2476 (b) Section 63A-3-107; and
2477 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2478 63A-3-107.
2479 (8) (a) A rule or form made by the division under this section that is in effect on May
2480 11, 2009, is considered to have been concurred with by the commission as of May 12, 2009,
2481 until the commission acts on the rule or form.
2482 (b) For a civil or administrative action pending under this chapter as of May 12, 2009,
2483 brought under the authority of division under this chapter as in effect May 11, 2009, that may
2484 be brought only by the commission under this chapter as in effect on May 12, 2009:
2485 (i) the action shall be considered brought by the commission; and
2486 (ii) the commission may take any act authorized under this chapter regarding that
2487 action.
2488 Section 54. Section 61-2f-103 is amended to read:
2489 61-2f-103. Real Estate Commission.
2490 (1) There is created within the division a Real Estate Commission. The commission
2491 shall:
2492 (a) subject to concurrence by the division and in accordance with Title 63G, Chapter 3,
2493 Utah Administrative Rulemaking Act, make rules for the administration of this chapter that are
2494 not inconsistent with this chapter, including:
2495 (i) licensing of:
2496 (A) a principal broker;
2497 (B) an associate broker; and
2498 (C) a sales agent;
2499 (ii) registration of:
2500 (A) an entity; and
2501 (B) a branch office;
2502 (iii) prelicensing and postlicensing education curricula;
2503 (iv) examination procedures;
2504 (v) the certification and conduct of:
2505 (A) a real estate school;
2506 (B) a course provider; or
2507 (C) an instructor;
2508 (vi) proper handling of money received by a licensee under this chapter;
2509 (vii) brokerage office procedures and recordkeeping requirements;
2510 (viii) property management;
2511 (ix) standards of conduct for a licensee under this chapter; and
2512 (x) if the commission, with the concurrence of the division, determines necessary, a
2513 rule as provided in Subsection 61-2f-306(3) regarding a legal form;
2514 (b) establish, with the concurrence of the division, a fee provided for in this chapter,
2515 except a fee imposed under Part 5, Real Estate Education, Research, and Recovery Fund Act;
2516 (c) conduct an administrative hearing not delegated by the commission to an
2517 administrative law judge or the division relating to the:
2518 (i) licensing of an applicant;
2519 (ii) conduct of a licensee;
2520 (iii) the certification or conduct of a real estate school, course provider, or instructor
2521 regulated under this chapter; or
2522 (iv) violation of this chapter by any person;
2523 (d) with the concurrence of the director, impose a sanction as provided in Section
2524 61-2f-404;
2525 (e) advise the director on the administration and enforcement of a matter affecting the
2526 division and the real estate sales and property management industries;
2527 (f) advise the director on matters affecting the division budget;
2528 (g) advise and assist the director in conducting real estate seminars; and
2529 (h) perform other duties as provided by this chapter.
2530 (2) (a) Except as provided in Subsection (2)(b), a state entity may not, without the
2531 concurrence of the commission, make a rule that changes the rights, duties, or obligations of
2532 buyers, sellers, or persons licensed under this chapter in relation to a real estate transaction
2533 between private parties.
2534 (b) Subsection (2)(a) does not apply to a rule made:
2535 (i) under Title 31A, Insurance Code, or Title 7, Financial Institutions Act; or
2536 (ii) by the Department of Commerce or any division or other rulemaking body within
2537 the Department of Commerce.
2538 (3) (a) The commission shall be comprised of five members appointed by the governor
2539 and approved by the Senate.
2540 (b) Four of the commission members shall:
2541 (i) have at least five years' experience in the real estate business; and
2542 (ii) hold an active principal broker, associate broker, or sales agent license.
2543 (c) One commission member shall be a member of the general public.
2544 (d) The governor may not appoint a commission member described in Subsection
2545 (3)(b) who, at the time of appointment, resides in the same county in the state as another
2546 commission member.
2547 (e) At least one commission member described in Subsection (3)(b) shall at the time of
2548 an appointment reside in a county that is not a county of the first or second class.
2549 (4) (a) Except as required by Subsection (4)(b), as terms of current commission
2550 members expire, the governor shall appoint each new member or reappointed member to a
2551 four-year term ending June 30.
2552 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2553 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2554 commission members are staggered so that approximately half of the commission is appointed
2555 every two years.
2556 (c) Upon the expiration of the term of a member of the commission, the member of the
2557 commission shall continue to hold office until a successor is appointed and qualified.
2558 (d) A commission member may not serve more than two consecutive terms.
2559 (e) Members of the commission shall annually select one member to serve as chair.
2560 (5) When a vacancy occurs in the membership for any reason, the governor, with the
2561 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
2562 (6) A member may not receive compensation or benefits for the member's service, but
2563 may receive per diem and travel expenses in accordance with:
2564 (a) Section 63A-3-106;
2565 (b) Section 63A-3-107; and
2566 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2567 63A-3-107.
2568 (7) (a) The commission shall meet at least monthly.
2569 (b) The director may call additional meetings:
2570 (i) at the director's discretion;
2571 (ii) upon the request of the chair; or
2572 (iii) upon the written request of three or more commission members.
2573 (8) Three members of the commission constitute a quorum for the transaction of
2574 business.
2575 Section 55. Section 61-2g-204 is amended to read:
2576 61-2g-204. Real Estate Appraiser Licensing and Certification Board.
2577 (1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
2578 that consists of five regular members as follows:
2579 (i) one state-licensed or state-certified appraiser who may be either a residential or
2580 general licensee or certificate holder;
2581 (ii) one state-certified residential appraiser;
2582 (iii) one state-certified general appraiser;
2583 (iv) one member who is certified as either a state-certified residential appraiser or a
2584 state-certified general appraiser; and
2585 (v) one member of the general public.
2586 (b) A state-licensed or state-certified appraiser may be appointed as an alternate
2587 member of the board.
2588 (c) The governor shall appoint all members of the board with the advice and consent of
2589 the Senate.
2590 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
2591 expire, the governor shall appoint each new member or reappointed member to a four-year
2592 term beginning on July 1.
2593 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2594 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2595 board members are staggered so that approximately half of the board is appointed every two
2596 years.
2597 (c) Upon the expiration of a member's term, a member of the board shall continue to
2598 hold office until the appointment and qualification of the member's successor.
2599 (d) A person may not serve as a member of the board for more than two consecutive
2600 terms.
2601 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
2602 be appointed for the unexpired term.
2603 (b) The governor may remove a member for cause.
2604 (4) The public member of the board may not be licensed or certified under this chapter.
2605 (5) The board shall meet at least quarterly to conduct its business. The division shall
2606 give public notice of a board meeting.
2607 (6) The members of the board shall elect a chair annually from among the members to
2608 preside at board meetings.
2609 (7) A member may not receive compensation or benefits for the member's service, but
2610 may receive per diem and travel expenses in accordance with:
2611 (a) Section 63A-3-106;
2612 (b) Section 63A-3-107; and
2613 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2614 63A-3-107.
2615 (8) (a) Three members of the board shall constitute a quorum for the transaction of
2616 business.
2617 (b) If a quorum of members is unavailable for any meeting, the alternate member of the
2618 board, if any, shall serve as a regular member of the board for that meeting if with the presence
2619 of the alternate member a quorum is present at the meeting.
2620 Section 56. Section 62A-1-107 is amended to read:
2621 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
2622 vacancies, chairperson, compensation, meetings, quorum.
2623 (1) The Board of Aging and Adult Services described in Subsection 62A-1-105(1)(a)
2624 shall have seven members who are appointed by the governor with the advice and consent of
2625 the Senate.
2626 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
2627 term of four years, and is eligible for one reappointment.
2628 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2629 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2630 board members are staggered so that approximately half of the board is appointed every two
2631 years.
2632 (c) Board members shall continue in office until the expiration of their terms and until
2633 their successors are appointed, which may not exceed 90 days after the formal expiration of a
2634 term.
2635 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
2636 appointed for the unexpired term.
2637 (3) No more than four members of the board may be from the same political party.
2638 The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
2639 on the basis of their active interest, experience, and demonstrated ability to deal with issues
2640 related to the Board of Aging and Adult Services .
2641 (4) The board shall annually elect a chairperson from the board's membership. The
2642 board shall hold meetings at least once every three months. Within budgetary constraints,
2643 meetings may be held from time to time on the call of the chairperson or of the majority of the
2644 members of the board. Four members of the board are necessary to constitute a quorum at any
2645 meeting, and, if a quorum exists, the action of the majority of members present shall be the
2646 action of the board.
2647 (5) A member may not receive compensation or benefits for the member's service, but,
2648 at the executive director's discretion, may receive per diem and travel expenses in accordance
2649 with:
2650 (a) Section 63A-3-106;
2651 (b) Section 63A-3-107; and
2652 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2653 63A-3-107.
2654 (6) The board shall adopt bylaws governing its activities. Bylaws shall include
2655 procedures for removal of a board member who is unable or unwilling to fulfill the
2656 requirements of the board member's appointment.
2657 (7) The board has program policymaking authority for the division over which the
2658 board presides.
2659 Section 57. Section 62A-1-108 is amended to read:
2660 62A-1-108. Executive director -- Appointment -- Compensation -- Qualifications
2661 -- Responsibilities.
2662 (1) The chief administrative officer of the department is the executive director, who
2663 shall be appointed by the governor with the advice and consent of the Senate. The executive
2664 director may be removed at the will of the governor. The executive director shall receive a
2665 salary established by the governor within the salary range fixed by the Legislature in Title 67,
2666 Chapter 22, State Officer Compensation. The executive director shall be experienced in
2667 administration, management, and coordination of complex organizations.
2668 (2) The executive director is responsible for:
2669 (a) administration and supervision of the department;
2670 (b) coordination of policies and program activities conducted through the boards,
2671 divisions, and offices of the department;
2672 (c) approval of the proposed budget of each board, division, and office within the
2673 department; and
2674 (d) such other duties as the Legislature or governor shall assign to him.
2675 (3) The executive director may appoint deputy or assistant directors to assist him in
2676 carrying out the department's responsibilities.
2677 Section 58. Section 62A-7-501 is amended to read:
2678 62A-7-501. Youth Parole Authority -- Expenses -- Responsibilities -- Procedures.
2679 (1) There is created within the division a Youth Parole Authority.
2680 (2) (a) The authority is composed of 10 part-time members and five pro tempore
2681 members who are residents of this state. No more than three pro tempore members may serve
2682 on the authority at any one time.
2683 (b) Throughout this section, the term "member" refers to both part-time and pro
2684 tempore members of the Youth Parole Authority.
2685 (3) (a) Except as required by Subsection (3)(b), members shall be appointed to
2686 four-year terms by the governor with the advice and consent of the Senate.
2687 (b) The governor shall, at the time of appointment or reappointment, adjust the length
2688 of terms to ensure that the terms of authority members are staggered so that approximately half
2689 of the authority is appointed every two years.
2690 (4) Each member shall have training or experience in social work, law, juvenile or
2691 criminal justice, or related behavioral sciences.
2692 (5) When a vacancy occurs in the membership for any reason, the replacement member
2693 shall be appointed for the unexpired term.
2694 (6) During the tenure of the member's appointment, a member may not:
2695 (a) be an employee of the department, other than in the member's capacity as a member
2696 of the authority;
2697 (b) hold any public office;
2698 (c) hold any position in the state's juvenile justice system; or
2699 (d) be an employee, officer, advisor, policy board member, or subcontractor of any
2700 juvenile justice agency or its contractor.
2701 (7) In extraordinary circumstances or when a regular member is absent or otherwise
2702 unavailable, the chair may assign a pro tempore member to act in the absent member's place.
2703 (8) A member may not receive compensation or benefits for the member's service, but
2704 may receive per diem and travel expenses in accordance with:
2705 (a) Section 63A-3-106;
2706 (b) Section 63A-3-107; and
2707 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2708 63A-3-107.
2709 (9) The authority shall determine appropriate parole dates for youth offenders in
2710 accordance with Section 62A-7-404.
2711 (10) Youth offenders may be paroled to their own homes, to an independent living
2712 program contracted or operated by the division, to an approved independent living setting, or to
2713 other appropriate residences of qualifying relatives or guardians, but shall remain on parole
2714 until parole is terminated by the authority in accordance with Section 62A-7-404.
2715 (11) The division's case management staff shall implement parole release plans and
2716 shall supervise youth offenders while on parole.
2717 (12) The division shall permit the authority to have reasonable access to youth
2718 offenders in secure facilities and shall furnish all pertinent data requested by the authority in
2719 matters of parole, revocation, and termination.
2720 Section 59. Section 63A-1-105 is amended to read:
2721 63A-1-105. Appointment of executive director -- Compensation.
2722 (1) The governor shall:
2723 (a) appoint the executive director with the advice and consent of the Senate; and
2724 (b) establish the executive director's salary within the salary range fixed by the
2725 Legislature in Title 67, Chapter 22, State Officer Compensation.
2726 (2) The executive director shall serve at the pleasure of the governor.
2727 Section 60. Section 63F-1-105 is amended to read:
2728 63F-1-105. Appointment of executive director -- Compensation -- Authority.
2729 (1) The governor shall:
2730 (a) appoint the executive director with the advice and consent of the Senate; and
2731 (b) establish the executive director's salary within the salary range fixed by the
2732 Legislature in Title 67, Chapter 22, State Officer Compensation.
2733 (2) The executive director shall:
2734 (a) serve at the pleasure of the governor; and
2735 (b) exercise all powers given to and perform all duties imposed on the department.
2736 Section 61. Section 63G-2-501 is amended to read:
2737 63G-2-501. State Records Committee created -- Membership -- Terms --
2738 Vacancies -- Expenses.
2739 (1) There is created the State Records Committee within the Department of
2740 Administrative Services consisting of the following seven individuals:
2741 (a) an individual in the private sector whose profession requires the individual to create
2742 or manage records that, if created by a governmental entity, would be private or controlled;
2743 (b) an individual with experience with electronic records and databases, as
2744 recommended by a statewide technology advocacy organization that represents the public,
2745 private, and nonprofit sectors;
2746 (c) the director of the Division of Archives and Records Services or the director's
2747 designee;
2748 (d) two citizen members;
2749 (e) one person representing political subdivisions, as recommended by the Utah League
2750 of Cities and Towns; and
2751 (f) one individual representing the news media.
2752 (2) The governor shall appoint the members described in Subsections (1)(a), (b), (d),
2753 (e), and (f) with the advice and consent of the Senate.
2754 (3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
2755 member to a four-year term.
2756 (b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
2757 or reappointment, adjust the length of terms to ensure that the terms of committee members are
2758 staggered so that approximately half of the committee is appointed every two years.
2759 (c) Each appointed member is eligible for reappointment for one additional term.
2760 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2761 appointed for the unexpired term.
2762 (5) A member of the State Records Committee may not receive compensation or
2763 benefits for the member's service on the committee, but may receive per diem and travel
2764 expenses in accordance with:
2765 (a) Section 63A-3-106;
2766 (b) Section 63A-3-107; and
2767 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2768 Section 62. Section 63H-4-102 is amended to read:
2769 63H-4-102. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and
2770 expenses.
2771 (1) There is created an independent state agency and a body politic and corporate
2772 known as the "Heber Valley Historic Railroad Authority."
2773 (2) The authority is composed of eight members as follows:
2774 (a) one member of the county legislative body of Wasatch County;
2775 (b) the mayor of Heber City;
2776 (c) the mayor of Midway;
2777 (d) the executive director of the Department of Transportation or the executive
2778 director's designee;
2779 (e) the executive director of Parks and Recreation, or the executive director's designee;
2780 and
2781 (f) three public members appointed by the governor with the advice and consent of the
2782 Senate, being private citizens of the state, as follows:
2783 (i) two people representing the tourism industry, one each from Wasatch and Utah
2784 counties; and
2785 (ii) one person representing the public at large.
2786 (3) All members shall be residents of the state.
2787 (4) (a) Except as required by Subsection (4)(b), the three public members are appointed
2788 for four-year terms beginning July 1, 2010.
2789 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2790 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2791 authority members are staggered so that approximately half of the authority is appointed every
2792 two years.
2793 (5) Any of the three public members may be removed from office by the governor or
2794 for cause by an affirmative vote of any four members of the authority.
2795 (6) When a vacancy occurs in the membership for any reason, the replacement is
2796 appointed for the unexpired term by the governor with advice and consent of the Senate for the
2797 unexpired term.
2798 (7) Each public member shall hold office for the term of appointment and until a
2799 successor has been appointed and qualified.
2800 (8) A public member is eligible for reappointment, but may not serve more than two
2801 full consecutive terms.
2802 (9) The governor shall appoint the chair of the authority from among its members.
2803 (10) The members shall elect from among their number a vice chair and other officers
2804 they may determine.
2805 (11) The powers of the authority are vested in its members.
2806 (12) (a) Four members constitute a quorum for transaction of authority business.
2807 (b) An affirmative vote of at least four members is necessary for any action taken by
2808 the authority.
2809 (13) A member may not receive compensation or benefits for the member's service, but
2810 may receive per diem and travel expenses in accordance with:
2811 (a) Section 63A-3-106;
2812 (b) Section 63A-3-107; and
2813 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2814 63A-3-107.
2815 Section 63. Section 63H-6-104 is amended to read:
2816 63H-6-104. Board of directors -- Membership -- Term -- Quorum -- Vacancies --
2817 Duties.
2818 (1) The corporation is governed by a board of directors.
2819 (2) The board is composed of members as follows:
2820 (a) the director of the Division of Facilities Construction and Management or the
2821 director's designee;
2822 (b) the commissioner of agriculture and food or the commissioner's designee;
2823 (c) two members, appointed by the president of the Senate:
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 (d) two members, appointed by the speaker of the House:
2827 (i) who have business related experience; and
2828 (ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
2829 (e) five members, of whom only one may be a legislator, in accordance with
2830 Subsection (3)(e), appointed by the governor with the advice and consent of the Senate as
2831 follows:
2832 (i) two members who represent agricultural interests;
2833 (ii) two members who have business related experience; and
2834 (iii) one member who is recommended by the Utah Farm Bureau Federation;
2835 (f) one member, appointed by the mayor of Salt Lake City with the advice and consent
2836 of the Senate, who is a resident of the neighborhood located adjacent to the state fair park;
2837 (g) a representative of Salt Lake County, if Salt Lake County is party to an executed
2838 lease agreement with the corporation; and
2839 (h) a representative of the Days of '47 Rodeo.
2840 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
2841 Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years
2842 after the year that the board member was appointed.
2843 (ii) In making appointments to the board, the president of the Senate, the speaker of the
2844 House, the governor, and the mayor of Salt Lake City shall ensure that the terms of
2845 approximately 1/4 of the appointed board members expire each year.
2846 (b) Except as provided in Subsection (3)(c), appointed board members serve until their
2847 successors are appointed and qualified.
2848 (c) (i) If an appointed board member is absent from three consecutive board meetings
2849 without excuse, that member's appointment is terminated, the position is vacant, and the
2850 individual who appointed the board member shall appoint a replacement.
2851 (ii) The president of the Senate, the speaker of the House, the governor, or the mayor of
2852 Salt Lake City, as applicable, may remove an appointed member of the board at will.
2853 (d) The president of the Senate, the speaker of the House, the governor, or the mayor of
2854 Salt Lake City, as appropriate, shall fill any vacancy that occurs on the board for any reason by
2855 appointing an individual in accordance with the procedures described in this section for the
2856 unexpired term of the vacated member.
2857 (e) No more than a combined total of two legislators may be appointed under
2858 Subsections (2)(c), (d), and (e).
2859 (4) The governor shall select the board's chair.
2860 (5) A majority of the members of the board is a quorum for the transaction of business.
2861 (6) The board may elect a vice chair and any other board offices.
2862 (7) The board may create one or more subcommittees to advise the board on any issue
2863 related to the state fair park.
2864 (8) In carrying out the board's duties under this chapter, the board shall cooperate with
2865 and, upon request, appear before the State Fair Park Committee.
2866 (9) No later than November 30 of each year, the board shall provide the following to
2867 the State Fair Park Committee:
2868 (a) a report on the general state of the financial and business affairs of the corporation;
2869 (b) a report on that year's annual exhibition described in Subsection 63H-6-103(4)(j),
2870 including the exhibition's attendance, operations, and revenue;
2871 (c) any appropriation request that the board plans to submit to the Legislature; and
2872 (d) any other report that the State Fair Park Committee requests.
2873 Section 64. Section 63H-8-201 is amended to read:
2874 63H-8-201. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
2875 Quorum -- Per diem and expenses.
2876 (1) (a) There is created an independent body politic and corporate, constituting a public
2877 corporation, known as the "Utah Housing Corporation."
2878 (b) The corporation may also be known and do business as the:
2879 (i) Utah Housing Finance Association; and
2880 (ii) Utah Housing Finance Agency in connection with a contract entered into when that
2881 was the corporation's legal name.
2882 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
2883 the express approval of the corporation.
2884 (2) The corporation is governed by a board of trustees composed of the following nine
2885 trustees:
2886 (a) the executive director of the Department of Workforce Services or the executive
2887 director's designee;
2888 (b) the commissioner of the Department of Financial Institutions or the commissioner's
2889 designee;
2890 (c) the state treasurer or the treasurer's designee; and
2891 (d) six public trustees, who are private citizens of the state, as follows:
2892 (i) two people who represent the mortgage lending industry;
2893 (ii) two people who represent the home building and real estate industry; and
2894 (iii) two people who represent the public at large.
2895 (3) The governor shall:
2896 (a) appoint the six public trustees of the corporation with the advice and consent of the
2897 Senate; and
2898 (b) ensure that:
2899 (i) the six public trustees are from different counties and are residents of the state; and
2900 (ii) not more than three of the public trustees are members of the same political party.
2901 (4) (a) Except as required by Subsection (4)(b), the governor shall appoint the six
2902 public trustees to terms of office of four years each.
2903 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2904 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2905 corporation trustees are staggered so that approximately half of the board is appointed every
2906 two years.
2907 (5) (a) A public trustee of the corporation may be removed from office for cause either
2908 by the governor or by an affirmative vote of six trustees of the corporation.
2909 (b) When a vacancy occurs in the board of trustees for any reason, the replacement
2910 shall be appointed for the unexpired term.
2911 (c) A public trustee shall hold office for the term of appointment and until the trustee's
2912 successor has been appointed and qualified.
2913 (d) A public trustee is eligible for reappointment but may not serve more than two full
2914 consecutive terms.
2915 (6) (a) The governor shall select the chair of the corporation.
2916 (b) The trustees shall elect from among their number a vice chair and other officers
2917 they may determine.
2918 (7) (a) Five trustees of the corporation constitute a quorum for transaction of business.
2919 (b) An affirmative vote of at least five trustees is necessary for any action to be taken
2920 by the corporation.
2921 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
2922 all rights and perform all duties of the corporation.
2923 (8) A trustee may not receive compensation or benefits for the trustee's service, but
2924 may receive per diem and travel expenses in accordance with:
2925 (a) Section 63A-3-106;
2926 (b) Section 63A-3-107; and
2927 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
2928 63A-3-107.
2929 Section 65. Section 63J-4-602 is amended to read:
2930 63J-4-602. Public Lands Policy Coordinating Office -- Coordinator --
2931 Appointment -- Qualifications -- Compensation.
2932 (1) There is created within state government the Public Lands Policy Coordinating
2933 Office. The office shall be administered by a public lands policy coordinator.
2934 (2) The coordinator shall be appointed by the governor with the advice and consent of
2935 the Senate and shall serve at the pleasure of the governor.
2936 (3) The coordinator shall have demonstrated the necessary administrative and
2937 professional ability through education and experience to efficiently and effectively manage the
2938 office's affairs.
2939 (4) The coordinator and employees of the office shall receive compensation as
2940 provided in Title 67, Chapter 19, Utah State Personnel Management Act.
2941 Section 66. Section 63J-4-702 is amended to read:
2942 63J-4-702. Employability to Careers Program Board.
2943 (1) There is created within the office the Employability to Careers Program Board
2944 composed of the following members:
2945 (a) the executive director of the Department of Workforce Services or the executive
2946 director's designee;
2947 (b) the executive director of the Department of Human Services or the executive
2948 director's designee; and
2949 (c) three members appointed by the governor with the advice and consent of the Senate
2950 as follows:
2951 (i) one member from the private or nonprofit sector with expertise in finance;
2952 (ii) one member who is not a legislator from the private or nonprofit sector chosen
2953 from among two individuals recommended by the president of the Senate; and
2954 (iii) one member who is not a legislator from the private or nonprofit sector chosen
2955 from among two individuals recommended by the speaker of the House of Representatives.
2956 (2) (a) An appointed member of the board shall serve for a term of three years, but may
2957 be reappointed for one additional term.
2958 (b) If a vacancy occurs in the board for any reason, the governor with the advice and
2959 consent of the Senate shall appoint a replacement to serve the remainder of the board member's
2960 term.
2961 (3) The board shall elect a chair from among the board's membership.
2962 (4) The board shall meet at least quarterly upon the call of the chair.
2963 (5) Four members of the board constitute a quorum.
2964 (6) Action by a majority present constitutes the action of the board.
2965 (7) A board member may not receive compensation or benefits for the member's
2966 service, but a member may receive per diem and travel expenses in accordance with:
2967 (a) Section 63A-3-106;
2968 (b) Section 63A-3-107; and
2969 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2970 63A-3-107.
2971 (8) The office shall provide staff support to the board.
2972 Section 67. Section 63L-9-103 is amended to read:
2973 63L-9-103. Director.
2974 (1) Upon the requirements described in Subsection 63L-9-102(2) being fulfilled, the
2975 governor shall, with the advice and consent of the Senate, appoint a director of the Department
2976 of Land Management.
2977 (2) The director shall:
2978 (a) be the executive and administrative head of the Department of Land Management;
2979 (b) have demonstrated ability and experience in the administration and management of
2980 state or federal lands;
2981 (c) not hold any other public office or be involved in a political party or organization;
2982 and
2983 (d) hire personnel to staff the department.
2984 (3) The director shall have:
2985 (a) executive authority and control of the Department of Land Management; and
2986 (b) authority over all personnel matters.
2987 Section 68. Section 63M-2-301 is amended to read:
2988 63M-2-301. The Utah Science Technology and Research Initiative -- Governing
2989 authority -- Program director.
2990 (1) There is created the Utah Science Technology and Research Initiative.
2991 (2) Subject to Subsection (10), to oversee USTAR, there is created the Utah Science
2992 Technology and Research Governing Authority consisting of:
2993 (a) the state treasurer or the state treasurer's designee;
2994 (b) the executive director of the Governor's Office of Economic Development;
2995 (c) three members appointed by the governor, with the advice and consent of the
2996 Senate;
2997 (d) two members who are not legislators appointed by the president of the Senate;
2998 (e) two members who are not legislators appointed by the speaker of the House of
2999 Representatives; and
3000 (f) one member appointed by the commissioner of higher education.
3001 (3) (a) The eight appointed members under Subsections (2)(c) through (f) shall serve
3002 four-year staggered terms.
3003 (b) An appointed member under Subsection (2)(c), (d), (e), or (f):
3004 (i) may not serve more than two full consecutive terms; and
3005 (ii) may be removed from the governing authority for any reason before the member's
3006 term is completed:
3007 (A) at the discretion of the original appointing authority; and
3008 (B) after the original appointing authority consults with the governing authority.
3009 (4) A vacancy on the governing authority in an appointed position under Subsection
3010 (2)(c), (d), (e), or (f) shall be filled for the unexpired term by the appointing authority in the
3011 same manner as the original appointment.
3012 (5) (a) Except as provided in Subsection (5)(b), the governor, with the advice and
3013 consent of the Senate, shall select the chair of the governing authority to serve a one-year term.
3014 (b) The governor may extend the term of a sitting chair of the governing authority
3015 without the advice and consent of the Senate.
3016 (c) The executive director of the Governor's Office of Economic Development shall
3017 serve as the vice chair of the governing authority.
3018 (6) The governing authority shall meet at least six times each year and may meet more
3019 frequently at the request of a majority of the members of the governing authority.
3020 (7) Five members of the governing authority are a quorum.
3021 (8) A member of the governing authority may not receive compensation or benefits for
3022 the member's service, but may receive per diem and travel expenses as allowed in:
3023 (a) Section 63A-3-106;
3024 (b) Section 63A-3-107; and
3025 (c) rules made by the Division of Finance:
3026 (i) pursuant to Sections 63A-3-106 and 63A-3-107; and
3027 (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3028 (9) (a) The governor, with the advice and consent of the Senate, may appoint a program
3029 director to oversee USTAR.
3030 (b) The program director is an at-will employee who may be terminated with or
3031 without cause by the governor or the executive director of the Governor's Office of Economic
3032 Development.
3033 (10) On July 1, 2019, the governing authority is dissolved and the program director is
3034 under the supervision of the executive director of the Governor's Office of Economic
3035 Development.
3036 Section 69. Section 63M-7-203 is amended to read:
3037 63M-7-203. Executive director -- Qualifications -- Compensation -- Appointment
3038 -- Functions.
3039 (1) The governor, with the advice and consent of the Senate, shall appoint a person
3040 experienced in the field of criminal justice and in administration as the executive director of the
3041 Commission on Criminal and Juvenile Justice. The governor shall establish the executive
3042 director's salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State
3043 Officer Compensation.
3044 (2) (a) The executive director, under the direction of the commission, shall administer
3045 the duties of the commission and act as the governor's advisor on national, state, regional,
3046 metropolitan, and local government planning as it relates to criminal justice.
3047 (b) This chapter does not derogate the planning authority conferred on state, regional,
3048 metropolitan, and local governments by existing law.
3049 Section 70. Section 63M-7-504 is amended to read:
3050 63M-7-504. Crime Victim Reparations and Assistance Board -- Members.
3051 (1) (a) A Crime Victim Reparations and Assistance Board is created, consisting of
3052 seven members appointed by the governor with the advice and consent of the Senate.
3053 (b) The membership of the board shall consist of:
3054 (i) a member of the bar of this state;
3055 (ii) a victim of criminally injurious conduct;
3056 (iii) a licensed physician;
3057 (iv) a representative of law enforcement;
3058 (v) a mental health care provider;
3059 (vi) a victim advocate; and
3060 (vii) a private citizen.
3061 (c) The governor may appoint a chair of the board who shall serve for a period of time
3062 prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
3063 vice chair to serve in the absence of the chair.
3064 (d) The board may hear appeals from administrative decisions as provided in rules
3065 adopted pursuant to Section 63M-7-515.
3066 (2) (a) Except as required by Subsection (2)(b), as terms of current board members
3067 expire, the governor shall appoint each new member or reappointed member to a four-year
3068 term.
3069 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3070 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3071 board members are staggered so that approximately half of the board is appointed every two
3072 years.
3073 (c) A member may be reappointed to one successive term in addition to a member's
3074 initial full-term appointment.
3075 (3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
3076 be appointed for the unexpired term.
3077 (b) A member resigning from the board shall serve until the member's successor is
3078 appointed and qualified.
3079 (4) A member may not receive compensation or benefits for the member's service, but
3080 may receive per diem and travel expenses in accordance with:
3081 (a) Section 63A-3-106;
3082 (b) Section 63A-3-107; and
3083 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3084 63A-3-107.
3085 (5) The board shall meet at least once quarterly but may meet more frequently as
3086 necessary.
3087 Section 71. Section 63N-1-202 is amended to read:
3088 63N-1-202. Executive director of office -- Appointment -- Removal --
3089 Compensation.
3090 (1) The office shall be administered, organized, and managed by an executive director
3091 appointed by the governor, with the advice and consent of the Senate.
3092 (2) The executive director serves at the pleasure of the governor.
3093 (3) The salary of the executive director shall be established by the governor within the
3094 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3095 Section 72. Section 63N-1-401 is amended to read:
3096 63N-1-401. Board of Business and Economic Development -- Membership --
3097 Expenses.
3098 (1) (a) There is created within the office the Board of Business and Economic
3099 Development, consisting of 15 members appointed by the governor to four-year terms of office
3100 with the advice and consent of the Senate.
3101 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
3102 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3103 board members are staggered so that approximately half of the board is appointed every two
3104 years.
3105 (c) The members may not serve more than two full consecutive terms except where the
3106 governor determines that an additional term is in the best interest of the state.
3107 (2) In appointing members of the committee, the governor shall ensure that:
3108 (a) no more than eight members of the board are from one political party; and
3109 (b) members represent a variety of geographic areas and economic interests of the state.
3110 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
3111 appointed for the unexpired term.
3112 (4) Eight members of the board constitute a quorum for conducting board business and
3113 exercising board power.
3114 (5) The governor shall select one board member as the board's chair.
3115 (6) A member may not receive compensation or benefits for the member's service, but
3116 may receive per diem and travel expenses in accordance with:
3117 (a) Section 63A-3-106;
3118 (b) Section 63A-3-107; and
3119 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3120 Section 73. Section 63N-1-501 is amended to read:
3121 63N-1-501. Governor's Economic Development Coordinating Council --
3122 Membership -- Expenses.
3123 (1) There is created in the office the Governor's Economic Development Coordinating
3124 Council, consisting of the following 11 members:
3125 (a) the executive director, who shall serve as chair of the council;
3126 (b) the chair of the board or the chair's designee;
3127 (c) the chair of the Utah Science Technology and Research Governing Authority
3128 created in Section 63M-2-301 or the chair's designee;
3129 (d) the chair of the Governor's Rural Partnership Board created in Section 63C-10-102
3130 or the chair's designee;
3131 (e) the chair of the board of directors of the Utah Capital Investment Corporation
3132 created in Section 63N-6-301 or the chair's designee;
3133 (f) the chair of the Economic Development Corporation of Utah or its successor
3134 organization or the chair's designee;
3135 (g) the chair of the World Trade Center Utah or its successor organization or the chair's
3136 designee; and
3137 (h) four members appointed by the governor, with the advice and consent of the
3138 Senate, who have expertise in business, economic development, entrepreneurship, or the
3139 raising of venture or seed capital for research and business growth.
3140 (2) (a) The four members appointed by the governor may serve for no more than two
3141 consecutive two-year terms.
3142 (b) The governor shall appoint a replacement if a vacancy occurs from the membership
3143 appointed under Subsection (1)(h).
3144 (3) Six members of the council constitute a quorum for the purpose of conducting
3145 council business and the action of a majority of a quorum constitutes the action of the council.
3146 (4) A member may not receive compensation or benefits for the member's service on
3147 the council, but may receive per diem and travel expenses in accordance with:
3148 (a) Sections 63A-3-106 and 63A-3-107; and
3149 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3150 (5) The office shall provide office space and administrative staff support for the
3151 council.
3152 (6) The council, as a governmental entity, has all the rights, privileges, and immunities
3153 of a governmental entity of the state and its meetings are subject to Title 52, Chapter 4, Open
3154 and Public Meetings Act.
3155 Section 74. Section 63N-7-102 is amended to read:
3156 63N-7-102. Members -- Meetings -- Expenses.
3157 (1) (a) The board shall consist of 13 members appointed by the governor to four-year
3158 terms with the advice and consent of the Senate.
3159 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
3160 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3161 board members are staggered so that approximately half of the board is appointed every two
3162 years.
3163 (2) The members may not serve more than two full consecutive terms unless the
3164 governor determines that an additional term is in the best interest of the state.
3165 (3) Not more than seven members of the board may be of the same political party.
3166 (4) (a) The members shall be representative of:
3167 (i) all areas of the state with six being appointed from separate geographical areas as
3168 provided in Subsection (4)(b); and
3169 (ii) a diverse mix of business ownership or executive management of tourism related
3170 industries.
3171 (b) The geographical representatives shall be appointed as follows:
3172 (i) one member from Salt Lake, Tooele, or Morgan County;
3173 (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
3174 (iii) one member from Utah, Summit, Juab, or Wasatch County;
3175 (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
3176 (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
3177 (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
3178 (c) The tourism industry representatives of ownership or executive management shall
3179 be appointed as follows:
3180 (i) one member from ownership or executive management of the lodging industry, as
3181 recommended by the lodging industry for the governor's consideration;
3182 (ii) one member from ownership or executive management of the restaurant industry,
3183 as recommended by the restaurant industry for the governor's consideration;
3184 (iii) one member from ownership or executive management of the ski industry, as
3185 recommended by the ski industry for the governor's consideration; and
3186 (iv) one member from ownership or executive management of the motor vehicle rental
3187 industry, as recommended by the motor vehicle rental industry for the governor's consideration.
3188 (d) One member shall be appointed at large from ownership or executive management
3189 of business, finance, economic policy, or the academic media marketing community.
3190 (e) One member shall be appointed from the Utah Tourism Industry Coalition as
3191 recommended by the coalition for the governor's consideration.
3192 (f) One member shall be appointed to represent the state's counties as recommended by
3193 the Utah Association of Counties for the governor's consideration.
3194 (g) (i) The governor may choose to disregard a recommendation made for a board
3195 member under Subsections (4)(c), (e), and (f).
3196 (ii) The governor shall request additional recommendations if recommendations are
3197 disregarded under Subsection (4)(g)(i).
3198 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
3199 appointed for the unexpired term from the same geographic area or industry representation as
3200 the member whose office was vacated.
3201 (6) Seven members of the board constitute a quorum for conducting board business and
3202 exercising board powers.
3203 (7) The governor shall select one of the board members as chair and one of the board
3204 members as vice chair, each for a four-year term as recommended by the board for the
3205 governor's consideration.
3206 (8) A member may not receive compensation or benefits for the member's service, but
3207 may receive per diem and travel expenses in accordance with:
3208 (a) Section 63A-3-106;
3209 (b) Section 63A-3-107; and
3210 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3211 (9) The board shall meet monthly or as often as the board determines to be necessary at
3212 various locations throughout the state.
3213 (10) Members who may have a potential conflict of interest in consideration of fund
3214 allocation decisions shall identify the potential conflict prior to voting on the issue.
3215 (11) (a) The board shall determine attendance requirements for maintaining a
3216 designated board seat.
3217 (b) If a board member fails to attend according to the requirements established
3218 pursuant to Subsection (11)(a), the board member shall be replaced upon written certification
3219 from the board chair or vice chair to the governor.
3220 (c) A replacement appointed by the governor under Subsection (11)(b) shall serve for
3221 the remainder of the board member's unexpired term.
3222 (12) The board's office shall be in Salt Lake City.
3223 Section 75. Section 64-13-3 is amended to read:
3224 64-13-3. Executive director.
3225 (1) The executive director shall be appointed by the governor with the advice and
3226 consent of the Senate.
3227 (2) The executive director shall be experienced and knowledgeable in the field of
3228 corrections and shall have training in criminology and penology.
3229 (3) The governor shall establish the executive director's salary within the salary range
3230 fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3231 Section 76. Section 67-1-1.5 is amended to read:
3232 67-1-1.5. Gubernatorial appointment powers.
3233 (1) As used in this section:
3234 (a) "Board member" means each gubernatorial appointee to any state board, committee,
3235 commission, council, or authority.
3236 (b) "Executive branch management position" includes department executive directors,
3237 division directors, and any other administrative position in state government where the person
3238 filling the position:
3239 (i) works full-time performing managerial and administrative functions;
3240 (ii) is appointed by the governor with the advice and consent of the Senate.
3241 (c) (i) "Executive branch policy position" means any person other than a person filling
3242 an executive branch management position, who is appointed by the governor with the advice
3243 and consent of the Senate.
3244 (ii) "Executive branch policy position" includes each member of any state board and
3245 commission appointed by the governor with the advice and consent of the Senate.
3246 (2) (a) Whenever a vacancy occurs in any executive branch policy position or in any
3247 executive branch management position, the governor shall submit the name of a nominee to the
3248 Senate for advice and consent no later than three months after the day on which the vacancy
3249 occurs.
3250 (b) If the Senate fails to consent to that person within 90 days after the day on which
3251 the governor submits the nominee's name to the Senate for consent:
3252 (i) the nomination is considered rejected; and
3253 (ii) the governor shall resubmit the name of the nominee described in Subsection (2)(a)
3254 or submit the name of a different nominee to the Senate for consent no later than 60 days after
3255 the date on which the nomination was rejected by the Senate.
3256 (3) (a) Whenever a vacancy occurs in any executive branch management position, the
3257 governor may either:
3258 (i) appoint an interim manager who meets the qualifications of the vacant position to
3259 exercise the powers and duties of the vacant position for three months, pending consent of a
3260 person to permanently fill that position by the Senate; or
3261 (ii) appoint an interim manager who does not meet the qualifications of the vacant
3262 position and submit that person's name to the Senate for consent as interim manager within one
3263 month of the appointment.
3264 (b) If the Senate fails to consent to the interim manager appointed under Subsection
3265 (3)(a)(ii) within 30 days after the day on which the governor submits the nominee's name to the
3266 Senate for consent:
3267 (i) the nomination is considered rejected; and
3268 (ii) the governor may:
3269 (A) (I) reappoint the interim manager to whom the Senate failed to consent within 30
3270 days; and
3271 (II) resubmit the name of the person described in Subsection (3)(b)(ii)(A)(I) to the
3272 Senate for consent as interim manager; or
3273 (B) appoint a different interim manager under Subsection (3)(a).
3274 (c) If, after an interim manager has served three months, no one has been appointed and
3275 received Senate consent to permanently fill the position, the governor shall:
3276 (i) appoint a new interim manager who meets the qualifications of the vacant position
3277 to exercise the powers and duties of the vacant position for three months; or
3278 (ii) submit the name of the first interim manager to the Senate for consent as an interim
3279 manager for a three-month term.
3280 (d) If the Senate fails to consent to a nominee whose name is submitted under
3281 Subsection (3)(c)(ii) within 30 days after the day on which the governor submits the name to
3282 the Senate:
3283 (i) the nomination is considered rejected; and
3284 (ii) the governor shall:
3285 (A) (I) reappoint the person described in Subsection (3)(d); and
3286 (II) resubmit the name of the person described in Subsection (3)(d) to the Senate for
3287 consent as interim manager; or
3288 (B) appoint a different interim manager in the manner required by Subsection (3)(a).
3289 (4) The governor may not make a temporary appointment to fill a vacant executive
3290 branch policy position.
3291 (5) (a) Before appointing any person to serve as a board member, the governor shall
3292 ask the person whether or not the person wishes to receive per diem, expenses, or both for
3293 serving as a board member.
3294 (b) If the person declines to receive per diem, expenses, or both, the governor shall
3295 notify the agency administering the board, commission, committee, council, or authority and
3296 direct the agency to implement the board member's request.
3297 (6) A gubernatorial nomination upon which the Senate has not acted to give consent or
3298 refuse to give consent is void when a vacancy in the office of governor occurs.
3299 Section 77. Section 67-1-2 is amended to read:
3300 67-1-2. Senate confirmation of gubernatorial nominees -- Verification of
3301 nomination requirements -- Consultation on appointments -- Notification of anticipated
3302 vacancies.
3303 (1) [
3304 Senate, the Senate majority leader, and the Senate minority leader, 15 days before any Senate
3305 session to confirm any gubernatorial nominee, except a judicial appointment, the governor
3306 shall send to each member of the Senate and to the Office of Legislative Research and General
3307 Counsel:
3308 (a) a list of each nominee for an office or position made by the governor in accordance
3309 with the Utah Constitution and state law; and
3310 (b) any information that may support or provide biographical information about the
3311 nominee, including resumes and curriculum vitae.
3312 (2) Except as provided in Subsection (3), beginning October 1, 2020, at least 30 days
3313 before the day of an extraordinary session of the Senate to confirm a gubernatorial nominee,
3314 the governor shall send to each member of the Senate and to the Office of Legislative Research
3315 and General Counsel the following information for each nominee:
3316 (a) the nominee's name and biographical information, including a resume and
3317 curriculum vitae;
3318 (b) a detailed list, with citations, of the legal requirements for the appointed position;
3319 (c) a detailed list with supporting documents explaining how, and verifying that, the
3320 nominee meets each statutory and constitutional requirement for the appointed position; and
3321 (d) a written certification by the governor that the nominee satisfies all requirements
3322 for the appointment.
3323 (3) (a) Subsection (2) does not apply to a judicial nominee.
3324 (b) Beginning October 1, 2020, a majority of the president of the Senate, the Senate
3325 majority leader, and the Senate minority leader may waive the 30-day requirement described in
3326 Subsection (2) for a gubernatorial nominee other than a nominee for the following:
3327 (i) the executive director of a department;
3328 (ii) the executive director of the Governor's Office of Economic Development;
3329 (iii) the executive director of the Labor Commission;
3330 (iv) a member of the State Tax Commission;
3331 (v) a member of the State Board of Education;
3332 (vi) a member of the State Board of Regents;
3333 (vii) a member of the Utah System of Technical Colleges Board of Trustees; or
3334 (viii) an individual:
3335 (A) whose appointment requires the advice and consent of the Senate; and
3336 (B) whom the governor designates as a member of the governor's cabinet.
3337 (4) Beginning October 1, 2020, the Senate shall hold a confirmation hearing for a
3338 nominee for an individual described in Subsection (3)(b)(i) through (viii).
3339 (5) Beginning on October 1, 2020, the governor shall:
3340 (a) if the governor is aware of an upcoming vacancy in a position that requires Senate
3341 confirmation, provide notice of the upcoming vacancy to the president of the Senate, the Senate
3342 minority leader, and the Office of Legislative Research and General Counsel at least 30 days
3343 before the day on which the vacancy occurs; and
3344 (b) establish a process for government entities and other relevant organizations to
3345 provide input on gubernatorial appointments.
3346 [
3347 immediately provide to the president of the Senate and the Office of Legislative Research and
3348 General Counsel:
3349 (a) the name of the judicial appointee; and
3350 (b) the judicial appointee's:
3351 (i) resume;
3352 (ii) complete file of all the application materials the governor received from the
3353 Judicial Nominating Commission; and
3354 (iii) any other related documents, including any letters received by the governor about
3355 the appointee, unless the letter specifically directs that it may not be shared.
3356 [
3357 Legislative Research and General Counsel of the number of letters withheld pursuant to
3358 Subsection [
3359 [
3360 nominating commission shall be classified as private in accordance with Section 63G-2-302.
3361 (b) All other records received from the governor pursuant to this Subsection [
3362 may be classified as private in accordance with Section 63G-2-302.
3363 [
3364 judicial appointment.
3365 (10) A judicial nominating commission shall, at the time the judicial nominating
3366 commission certifies a list of the most qualified judicial applicants to the governor under
3367 Section 78A-10-104, submit the same list to the president of the Senate, the Senate minority
3368 leader, and the Office of Legislative Research and General Counsel.
3369 Section 78. Section 67-1-2.5 is amended to read:
3370 67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
3371 (1) As used in this section:
3372 (a) "Administrator" means the boards and commissions administrator designated under
3373 Subsection (2).
3374 (b) "Executive board" means any executive branch board, commission, council,
3375 committee, working group, task force, study group, advisory group, or other body with a
3376 defined limited membership that is created to operate for more than six months by the
3377 constitution, by statute, by executive order, by the governor, lieutenant governor, attorney
3378 general, state auditor, or state treasurer or by the head of a department, division, or other
3379 administrative subunit of the executive branch of state government.
3380 (2) (a) Before September 1 of the calendar year following the year in which the
3381 Legislature creates a new executive board, the governor shall:
3382 (i) review the executive board to evaluate:
3383 (A) whether the executive board accomplishes a substantial governmental interest; and
3384 (B) whether it is necessary for the executive board to remain in statute;
3385 (ii) in the governor's review under Subsection (2)(a)(i), consider:
3386 (A) the funding required for the executive board;
3387 (B) the staffing resources required for the executive board;
3388 (C) the time members of the executive board are required to commit to serve on the
3389 executive board; and
3390 (D) whether the responsibilities of the executive board could reasonably be
3391 accomplished through an existing entity or without statutory direction; and
3392 (iii) submit a report to the Government Operations Interim Committee recommending
3393 that the Legislature:
3394 (A) repeal the executive board;
3395 (B) add a sunset provision or future repeal date to the executive board;
3396 (C) make other changes to make the executive board more efficient; or
3397 (D) make no changes to the executive board.
3398 (b) In conducting the evaluation and making the report described in Subsection (2)(a),
3399 the governor shall give deference to:
3400 (i) reducing the size of government; and
3401 (ii) making governmental programs more efficient and effective.
3402 (c) Upon receipt of a report from the governor under Subsection (2)(a)(iii), the
3403 Government Operations Interim Committee shall vote on whether to address the
3404 recommendations made by the governor in the report and prepare legislation accordingly.
3405 (3) (a) The governor shall designate a board and commissions administrator from the
3406 governor's staff to maintain a computerized database containing information about all
3407 executive boards.
3408 (b) The administrator shall ensure that the database contains:
3409 (i) the name of each executive board;
3410 (ii) the statutory or constitutional authority for the creation of the executive board;
3411 (iii) the sunset date on which each executive board's statutory authority expires;
3412 (iv) the state officer or department and division of state government under whose
3413 jurisdiction the executive board operates or with which the executive board is affiliated, if any;
3414 (v) the name, address, gender, telephone number, and county of each individual
3415 currently serving on the executive board, along with a notation of all vacant or unfilled
3416 positions;
3417 (vi) the title of the position held by the person who appointed each member of the
3418 executive board;
3419 (vii) the length of the term to which each member of the executive board was
3420 appointed and the month and year that each executive board member's term expires;
3421 (viii) whether [
3422 and consent of the Senate;
3423 (ix) the organization, interest group, profession, local government entity, or geographic
3424 area that an individual appointed to an executive board represents, if any;
3425 (x) the party affiliation of an individual appointed to an executive board, if the statute
3426 or executive order creating the position requires representation from political parties;
3427 (xi) whether each executive board is a policy board or an advisory board;
3428 (xii) whether the executive board has or exercises rulemaking authority; and
3429 (xiii) any compensation and expense reimbursement that members of the executive
3430 board are authorized to receive.
3431 (4) The administrator shall place the following on the governor's website:
3432 (a) the information contained in the database;
3433 (b) each report the administrator receives under Subsection (5); and
3434 (c) the summary report described in Subsection (6).
3435 (5) (a) Before August 1 of each year, each executive board shall prepare and submit to
3436 the administrator an annual report that includes:
3437 (i) the name of the executive board;
3438 (ii) a description of the executive board's official function and purpose;
3439 (iii) a description of the actual work performed by the executive board since the last
3440 report the executive board submitted to the administrator under this Subsection (5);
3441 (iv) a description of actions taken by the executive board since the last report the
3442 executive board submitted to the administrator under this Subsection (5);
3443 (v) recommendations on whether any statutory, rule, or other changes are needed to
3444 make the executive board more effective; and
3445 (vi) an indication of whether the executive board should continue to exist.
3446 (b) The administrator shall compile and post the reports described in Subsection (5)(a)
3447 to the governor's website before September 1 of each year.
3448 (c) An executive board is not required to submit a report under this Subsection (5) if
3449 the executive board:
3450 (i) is also a legislative board under Section 36-12-22; and
3451 (ii) submits a report under Section 36-12-22.
3452 (6) (a) The administrator shall prepare, publish, and distribute an annual report by
3453 September 1 of each year that includes:
3454 (i) as of August 1 of that year:
3455 (A) the total number of executive boards;
3456 (B) the name of each of those executive boards and the state officer or department and
3457 division of state government under whose jurisdiction the executive board operates or with
3458 which the executive board is affiliated, if any;
3459 (C) for each state officer and each department and division, the total number of
3460 executive boards under the jurisdiction of or affiliated with that officer, department, and
3461 division;
3462 (D) the total number of members for each of those executive boards;
3463 (E) whether or not some or all of the members of each of those executive boards are
3464 approved by the Senate;
3465 (F) whether each board is a policymaking board or an advisory board and the total
3466 number of policy boards and the total number of advisory boards; and
3467 (G) the compensation, if any, paid to the members of each of those executive boards;
3468 and
3469 (ii) a summary of the reports submitted to the administrator under Subsection (5),
3470 including:
3471 (A) a list of each executive board that submitted a report under Subsection (5);
3472 (B) a list of each executive board that did not submit a report under Subsection (5);
3473 (C) an indication of any recommendations made under Subsection (5)(a)(v); and
3474 (D) a list of any executive boards that indicated under Subsection (5)(a)(vi) that the
3475 executive board should no longer exist.
3476 (b) The administrator shall distribute copies of the report described in Subsection (6)(a)
3477 to:
3478 (i) the governor;
3479 (ii) the president of the Senate;
3480 (iii) the speaker of the House;
3481 (iv) the Office of Legislative Research and General Counsel;
3482 (v) the Government Operations Interim Committee; and
3483 (vi) any other persons who request a copy of the annual report.
3484 (c) Each year, the Government Operations Interim Committee shall prepare legislation
3485 making any changes the committee determines are suitable with respect to the report the
3486 committee receives under Subsection (6)(b), including:
3487 (i) repealing an executive board that is no longer functional or necessary; and
3488 (ii) making appropriate changes to make an executive board more effective.
3489 Section 79. Section 67-1-3 is amended to read:
3490 67-1-3. Removal of gubernatorial appointee.
3491 (1) Any time during a recess of the Legislature, the governor may remove any
3492 gubernatorial appointee for official misconduct, habitual or willful neglect of duty, or for other
3493 good and sufficient cause.
3494 (2) If the appointment required the advice and consent of the Senate, the governor may
3495 fill the vacancy created by the removal by following the procedures and requirements of
3496 Section 67-1-1.5.
3497 Section 80. Section 67-1-5 is amended to read:
3498 67-1-5. Commissioning officers.
3499 The governor must commission all officers of the militia, and all officers appointed by
3500 the governor or by the governor with the advice and consent of the Senate.
3501 Section 81. Section 67-1a-2 is amended to read:
3502 67-1a-2. Duties enumerated.
3503 (1) The lieutenant governor shall:
3504 (a) perform duties delegated by the governor, including assignments to serve in any of
3505 the following capacities:
3506 (i) as the head of any one department, if so qualified, with the advice and consent of
3507 the Senate, and, upon appointment at the pleasure of the governor and without additional
3508 compensation;
3509 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
3510 law for the purpose of advising the governor or coordinating intergovernmental or
3511 interdepartmental policies or programs;
3512 (iii) as liaison between the governor and the state Legislature to coordinate and
3513 facilitate the governor's programs and budget requests;
3514 (iv) as liaison between the governor and other officials of local, state, federal, and
3515 international governments or any other political entities to coordinate, facilitate, and protect the
3516 interests of the state;
3517 (v) as personal advisor to the governor, including advice on policies, programs,
3518 administrative and personnel matters, and fiscal or budgetary matters; and
3519 (vi) as chairperson or member of any temporary or permanent boards, councils,
3520 commissions, committees, task forces, or other group appointed by the governor;
3521 (b) serve on all boards and commissions in lieu of the governor, whenever so
3522 designated by the governor;
3523 (c) serve as the chief election officer of the state as required by Subsection (2);
3524 (d) keep custody of the Great Seal of Utah;
3525 (e) keep a register of, and attest, the official acts of the governor;
3526 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
3527 which the official signature of the governor is required; and
3528 (g) furnish a certified copy of all or any part of any law, record, or other instrument
3529 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
3530 it and pays the fee.
3531 (2) (a) As the chief election officer, the lieutenant governor shall:
3532 (i) exercise general supervisory authority over all elections;
3533 (ii) exercise direct authority over the conduct of elections for federal, state, and
3534 multicounty officers and statewide or multicounty ballot propositions and any recounts
3535 involving those races;
3536 (iii) assist county clerks in unifying the election ballot;
3537 (iv) (A) prepare election information for the public as required by statute and as
3538 determined appropriate by the lieutenant governor; and
3539 (B) make the information under Subsection (2)(a)(iv)(A) available to the public and to
3540 news media on the Internet and in other forms as required by statute or as determined
3541 appropriate by the lieutenant governor;
3542 (v) receive and answer election questions and maintain an election file on opinions
3543 received from the attorney general;
3544 (vi) maintain a current list of registered political parties as defined in Section
3545 20A-8-101;
3546 (vii) maintain election returns and statistics;
3547 (viii) certify to the governor the names of those persons who have received the highest
3548 number of votes for any office;
3549 (ix) ensure that all voting equipment purchased by the state complies with the
3550 requirements of Subsection 20A-5-302(2) and Sections 20A-5-802 and 20A-5-803;
3551 (x) conduct the study described in Section 67-1a-14;
3552 (xi) during a declared emergency, to the extent that the lieutenant governor determines
3553 it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
3554 relating to:
3555 (A) voting on election day;
3556 (B) early voting;
3557 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
3558 (D) the counting of an absentee ballot or military-overseas ballot; or
3559 (E) the canvassing of election returns; and
3560 (xii) perform other election duties as provided in Title 20A, Election Code.
3561 (b) As chief election officer, the lieutenant governor may not assume the
3562 responsibilities assigned to the county clerks, city recorders, town clerks, or other local election
3563 officials by Title 20A, Election Code.
3564 (3) (a) The lieutenant governor shall:
3565 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
3566 incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
3567 municipality's population using the population estimate from the Utah Population Committee;
3568 and
3569 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
3570 based on the municipality's population; and
3571 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3572 municipality's legislative body.
3573 (b) The lieutenant governor shall:
3574 (i) determine the classification under Section 10-2-301 of a consolidated municipality
3575 upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
3576 Consolidation of Municipalities, using population information from:
3577 (A) each official census or census estimate of the United States Bureau of the Census;
3578 or
3579 (B) the population estimate from the Utah Population Committee, if the population of a
3580 municipality is not available from the United States Bureau of the Census; and
3581 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
3582 belongs based on the municipality's population; and
3583 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3584 consolidated municipality's legislative body.
3585 (c) The lieutenant governor shall:
3586 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
3587 metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
3588 Townships and Unincorporated Islands in a County of the First Class on and after May 12,
3589 2015, based on the metro township's population using the population estimates from the Utah
3590 Population Committee; and
3591 (ii) prepare a certificate indicating the class in which the new metro township belongs
3592 based on the metro township's population and, within 10 days after preparing the certificate,
3593 deliver a copy of the certificate to the metro township's legislative body.
3594 (d) The lieutenant governor shall monitor the population of each municipality using
3595 population information from:
3596 (i) each official census or census estimate of the United States Bureau of the Census; or
3597 (ii) the population estimate from the Utah Population Committee, if the population of a
3598 municipality is not available from the United States Bureau of the Census.
3599 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
3600 municipality's population has increased beyond the population for its current class, the
3601 lieutenant governor shall:
3602 (i) prepare a certificate indicating the class in which the municipality belongs based on
3603 the increased population figure; and
3604 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3605 legislative body of the municipality whose class has changed.
3606 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
3607 municipality's population has decreased below the population for its current class, the
3608 lieutenant governor shall send written notification of that fact to the municipality's legislative
3609 body.
3610 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
3611 population has decreased below the population for its current class, the lieutenant governor
3612 shall:
3613 (A) prepare a certificate indicating the class in which the municipality belongs based
3614 on the decreased population figure; and
3615 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
3616 legislative body of the municipality whose class has changed.
3617 Section 82. Section 67-19a-201 is amended to read:
3618 67-19a-201. Career Service Review Office created -- Appointment of an
3619 administrator -- Reporting -- Qualifications.
3620 (1) There is created a Career Service Review Office.
3621 (2) (a) The governor shall appoint, with the advice and consent of the Senate, an
3622 administrator of the office.
3623 (b) The administrator shall have demonstrated an ability to administer personnel
3624 policies in performing the duties specified in this chapter.
3625 Section 83. Section 68-4-5 is amended to read:
3626 68-4-5. Creation -- Members -- Terms.
3627 (1) There is established the "Utah Commission on Uniform State Laws," which
3628 consists of members of the Utah State Bar who are appointed as commissioners to the National
3629 Conference of Commissioners on Uniform State Laws as follows:
3630 (a) one commissioner, appointed by the governor with the advice and consent of the
3631 Senate, who shall be a member of the Senate at the time of appointment;
3632 (b) one commissioner, appointed by the governor with the advice and consent of the
3633 Senate, who shall be a member of the House of Representatives at the time of appointment;
3634 (c) two commissioners, appointed by the governor with the advice and consent of the
3635 Senate, who shall be active members of the Utah State Bar;
3636 (d) one commissioner who is the Legislature's general counsel or, alternatively, an
3637 attorney from the Office of Legislative Research and General Counsel who is appointed by the
3638 general counsel;
3639 (e) any commissioner that has previously served as a member of the commission and
3640 has been elected as a life member of the National Conference of Commissioners on Uniform
3641 State Laws according to the conference's constitution, bylaws, and rules of procedure; and
3642 (f) up to one associate commissioner, appointed by the Legislature's general counsel,
3643 who is an attorney from the Office of Legislative Research and General Counsel.
3644 (2) Commissioners appointed by the governor shall be appointed for four-year terms
3645 commencing on the date of their confirmation by the Senate.
3646 (3) A commissioner continues to serve:
3647 (a) unless the commissioner dies or resigns;
3648 (b) unless the commissioner ceases to be a member of the Utah State Bar in good
3649 standing; or
3650 (c) (i) for a commissioner appointed by the governor and notwithstanding expiration of
3651 the commissioner's term under Subsection (2), until the governor:
3652 (A) reappoints the commissioner to a new term; or
3653 (B) appoints a successor commissioner;
3654 (ii) for the general counsel, until the general counsel ceases to serve as general counsel
3655 or appoints an attorney to serve in the general counsel's place;
3656 (iii) for a commissioner appointed to serve in the place of the general counsel, until the
3657 general counsel chooses to serve as a commissioner or appoints a successor commissioner; or
3658 (iv) for an associate commissioner, until the general counsel appoints a successor
3659 commissioner or elects not to fill the position of associate commissioner.
3660 Section 84. Section 68-4-6 is amended to read:
3661 68-4-6. Vacancies.
3662 (1) For a commissioner who serves in a governor-appointed position described in
3663 Subsection 68-4-5(1)(a), (b), or (c):
3664 (a) the office of a commissioner becomes vacant and the governor, with the advice and
3665 consent of the Senate, shall immediately appoint a new commissioner upon the
3666 commissioner's:
3667 (i) death;
3668 (ii) resignation; or
3669 (iii) failure to be a member of the Utah State Bar in good standing; and
3670 (b) the governor may, with the advice and consent of the Senate, appoint a new
3671 commissioner or, as applicable, reappoint the current commissioner, provided that the current
3672 commissioner meets the requirements for appointment, after any of the following events:
3673 (i) the commissioner's failure to actively serve as commissioner;
3674 (ii) the commissioner's refusal to serve as commissioner;
3675 (iii) expiration of the commissioner's term;
3676 (iv) the commissioner's appointment to another position on the commission; or
3677 (v) the commissioner's election as a life member of the National Conference of
3678 Commissioners on Uniform State Laws.
3679 (2) (a) The commissioner who is the Legislature's general counsel shall serve only
3680 while acting as the Legislature's general counsel.
3681 (b) A commissioner who is serving as an appointee of the Legislature's general counsel
3682 shall serve at the will of the general counsel.
3683 Section 85. Section 72-1-202 is amended to read:
3684 72-1-202. Executive director of department -- Appointment -- Qualifications --
3685 Term -- Responsibility -- Power to bring suits -- Salary.
3686 (1) (a) The governor, with the advice and consent of the Senate, shall appoint an
3687 executive director to be the chief executive officer of the department.
3688 (b) The executive director shall be a registered professional engineer and qualified
3689 executive with technical and administrative experience and training appropriate for the
3690 position.
3691 (c) The executive director shall remain in office until a successor is appointed.
3692 (d) The executive director may be removed by the governor.
3693 (2) In addition to the other functions, powers, duties, rights, and responsibilities
3694 prescribed in this chapter, the executive director shall:
3695 (a) have responsibility for the administrative supervision of the state transportation
3696 systems and the various operations of the department;
3697 (b) have the responsibility for the implementation of rules, priorities, and policies
3698 established by the department and the commission;
3699 (c) have the responsibility for the oversight and supervision of any transportation
3700 project for which state funds are expended;
3701 (d) have full power to bring suit in courts of competent jurisdiction in the name of the
3702 department as the executive director considers reasonable and necessary for the proper
3703 attainment of the goals of this chapter;
3704 (e) receive a salary, to be established by the governor within the salary range fixed by
3705 the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual
3706 traveling expenses while away from the executive director's office on official business;
3707 (f) purchase all equipment, services, and supplies necessary to achieve the department's
3708 functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;
3709 (g) have the responsibility to determine whether a purchase from, contribution to, or
3710 other participation with a public entity or association of public entities in a pooled fund
3711 program to acquire, develop, or share information, data, reports, or other services related to the
3712 department's mission are procurement items under Title 63G, Chapter 6a, Utah Procurement
3713 Code;
3714 (h) have responsibility for administrative supervision of the Comptroller Division, the
3715 Internal Audit Division, and the Communications Division; and
3716 (i) appoint assistants, to serve at the discretion of the executive director, to administer
3717 the divisions of the department.
3718 (3) The executive director may employ other assistants and advisers as the executive
3719 director finds necessary and fix salaries in accordance with the salary standards adopted by the
3720 Department of Human Resource Management.
3721 Section 86. Section 72-1-301 is amended to read:
3722 72-1-301. Transportation Commission created -- Members, appointment, terms --
3723 Qualifications -- Pay and expenses -- Chair -- Quorum.
3724 (1) (a) There is created the Transportation Commission which shall consist of seven
3725 members.
3726 (b) The members of the commission shall be residents of Utah.
3727 (c) The members of the commission shall be selected on a nonpartisan basis.
3728 (d) (i) The commissioners shall be appointed by the governor, with the advice and
3729 consent of the Senate, for a term of six years, beginning on April 1 of odd-numbered years,
3730 except as provided under Subsection (1)(d)(ii).
3731 (ii) The first two additional commissioners serving on the seven member commission
3732 shall be appointed for terms of two years nine months and four years nine months, respectively,
3733 initially commencing on July 1, 1996, and subsequently commencing as specified under
3734 Subsection (1)(d)(i).
3735 (e) The commissioners serve on a part-time basis.
3736 (f) Each commissioner shall remain in office until a successor is appointed and
3737 qualified.
3738 (2) (a) Except as provided in Subsection (2)(b), the selection of the commissioners
3739 shall be as follows:
3740 (i) one commissioner from Box Elder, Cache, or Rich county;
3741 (ii) one commissioner from Salt Lake or Tooele county;
3742 (iii) one commissioner from Carbon, Emery, Grand, or San Juan county;
3743 (iv) one commissioner from Beaver, Garfield, Iron, Kane, Millard, Piute, Sanpete,
3744 Sevier, Washington, or Wayne county;
3745 (v) one commissioner from Weber, Davis, or Morgan county;
3746 (vi) one commissioner from Juab, Utah, Wasatch, Duchesne, Summit, Uintah, or
3747 Daggett county; and
3748 (vii) one commissioner selected from the state at large.
3749 (b) Beginning with the appointment of commissioners on or after July 1, 2009 and
3750 subject to the restriction in Subsection (2)(d), the selection of commissioners shall be as
3751 follows:
3752 (i) four commissioners with one commissioner selected from each of the four regions
3753 established by the department; and
3754 (ii) subject to the restriction in Subsection (2)(c), three commissioners selected from
3755 the state at large.
3756 (c) (i) At least one of the three commissioners appointed under Subsection (2)(b)(ii)
3757 shall be selected from a rural county.
3758 (ii) For purposes of this Subsection (2)(c), a rural county includes a county of the third,
3759 fourth, fifth, or sixth class.
3760 (d) No more than two commissioners appointed under Subsection (2)(b) may be
3761 selected from any one of the four regions established by the department.
3762 (3) A member may not receive compensation or benefits for the member's service, but
3763 may receive per diem and travel expenses in accordance with:
3764 (a) Section 63A-3-106;
3765 (b) Section 63A-3-107; and
3766 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3767 63A-3-107.
3768 (4) (a) One member of the commission shall be designated by the governor as chair.
3769 (b) The commission shall select one member as vice chair to act in the chair's absence.
3770 (5) Any four commissioners constitute a quorum.
3771 (6) Each member of the commission shall qualify by taking the constitutional oath of
3772 office.
3773 (7) For the purposes of Section 63J-1-504, the commission is not considered an
3774 agency.
3775 Section 87. Section 73-2-1 is amended to read:
3776 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
3777 (1) There shall be a state engineer.
3778 (2) The state engineer shall:
3779 (a) be appointed by the governor with the advice and consent of the Senate;
3780 (b) hold office for the term of four years and until a successor is appointed; and
3781 (c) have five years experience as a practical engineer or the theoretical knowledge,
3782 practical experience, and skill necessary for the position.
3783 (3) (a) The state engineer shall be responsible for the general administrative
3784 supervision of the waters of the state and the measurement, appropriation, apportionment, and
3785 distribution of those waters.
3786 (b) The state engineer may secure the equitable apportionment and distribution of the
3787 water according to the respective rights of appropriators.
3788 (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
3789 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
3790 regarding:
3791 (a) reports of water right conveyances;
3792 (b) the construction of water wells and the licensing of water well drillers;
3793 (c) dam construction and safety;
3794 (d) the alteration of natural streams;
3795 (e) geothermal resource conservation;
3796 (f) enforcement orders and the imposition of fines and penalties; and
3797 (g) the duty of water.
3798 (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
3799 Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
3800 governing:
3801 (a) water distribution systems and water commissioners;
3802 (b) water measurement and reporting;
3803 (c) groundwater recharge and recovery;
3804 (d) wastewater reuse;
3805 (e) the form, content, and processing procedure for a claim under Section 73-5-13 to
3806 surface or underground water that is not represented by a certificate of appropriation;
3807 (f) the form and content of a proof submitted to the state engineer under Section
3808 73-3-16;
3809 (g) the determination of water rights; or
3810 (h) the form and content of applications and related documents, maps, and reports.
3811 (6) The state engineer may bring suit in courts of competent jurisdiction to:
3812 (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
3813 water without first seeking redress through the administrative process;
3814 (b) prevent theft, waste, loss, or pollution of those waters;
3815 (c) enable him to carry out the duties of the state engineer's office; and
3816 (d) enforce administrative orders and collect fines and penalties.
3817 (7) The state engineer may:
3818 (a) upon request from the board of trustees of an irrigation district under Title 17B,
3819 Chapter 2a, Part 5, Irrigation District Act, or another local district under Title 17B, Limited
3820 Purpose Local Government Entities - Local Districts, or a special service district under Title
3821 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a
3822 water survey to be made of all lands proposed to be annexed to the district in order to
3823 determine and allot the maximum amount of water that could be beneficially used on the land,
3824 with a separate survey and allotment being made for each 40-acre or smaller tract in separate
3825 ownership; and
3826 (b) upon completion of the survey and allotment under Subsection (7)(a), file with the
3827 district board a return of the survey and report of the allotment.
3828 (8) (a) The state engineer may establish water distribution systems and define their
3829 boundaries.
3830 (b) The water distribution systems shall be formed in a manner that:
3831 (i) secures the best protection to the water claimants; and
3832 (ii) is the most economical for the state to supervise.
3833 Section 88. Section 73-10-2 is amended to read:
3834 73-10-2. Board of Water Resources -- Members -- Appointment -- Terms --
3835 Vacancies.
3836 (1) (a) The Board of Water Resources shall be comprised of eight members to be
3837 appointed by the governor with the advice and consent of the Senate.
3838 (b) In addition to the requirements of Section 79-2-203, not more than four members
3839 shall be from the same political party.
3840 (2) One member of the board shall be appointed from each of the following districts:
3841 (a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
3842 (b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
3843 (c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
3844 (d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
3845 (e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
3846 and Wayne;
3847 (f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
3848 (g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand,
3849 and San Juan; and
3850 (h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron,
3851 Washington, and Kane.
3852 (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of
3853 four years.
3854 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
3855 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3856 board members are staggered so that approximately half of the board is appointed every two
3857 years.
3858 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
3859 appointed for the unexpired term with the advice and consent of the Senate and shall be from
3860 the same district as such person.
3861 (4) A member may not receive compensation or benefits for the member's service, but
3862 may receive per diem and travel expenses in accordance with:
3863 (a) Section 63A-3-106;
3864 (b) Section 63A-3-107; and
3865 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3866 63A-3-107.
3867 Section 89. Section 73-30-201 is amended to read:
3868 73-30-201. Advisory council created -- Staffing -- Per diem and travel expenses.
3869 (1) There is created an advisory council known as the "Great Salt Lake Advisory
3870 Council" consisting of 11 members listed in Subsection (2).
3871 (2) (a) The governor shall appoint the following members, with the advice and consent
3872 of the Senate:
3873 (i) one representative of industry representing the extractive industry;
3874 (ii) one representative of industry representing aquaculture;
3875 (iii) one representative of conservation interests;
3876 (iv) one representative of a migratory bird protection area as defined in Section
3877 23-28-102;
3878 (v) one representative who is an elected official from municipal government, or the
3879 elected official's designee;
3880 (vi) five representatives who are elected officials from county government, or the
3881 elected official's designee, one each representing:
3882 (A) Box Elder County;
3883 (B) Davis County;
3884 (C) Salt Lake County;
3885 (D) Tooele County; and
3886 (E) Weber County; and
3887 (vii) one representative of a publicly owned treatment works.
3888 (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year
3889 term.
3890 (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment,
3891 the governor shall adjust the length of terms of voting members to ensure that the terms of
3892 council members are staggered so that approximately half of the council is appointed every two
3893 years.
3894 (c) When a vacancy occurs in the membership for any reason, the governor shall
3895 appoint a replacement for the unexpired term with the advice and consent of the Senate.
3896 (d) A member shall hold office until the member's successor is appointed and qualified.
3897 (4) The council shall determine:
3898 (a) the time and place of meetings; and
3899 (b) any other procedural matter not specified in this chapter.
3900 (5) (a) Attendance of six members at a meeting of the council constitutes a quorum.
3901 (b) A vote of the majority of the members present at a meeting when a quorum is
3902 present constitutes an action of the council.
3903 (6) A member may not receive compensation or benefits for the member's service, but
3904 may receive per diem and travel expenses in accordance with:
3905 (a) Section 63A-3-106;
3906 (b) Section 63A-3-107; and
3907 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3908 63A-3-107.
3909 (7) The Department of Natural Resources and the Department of Environmental
3910 Quality shall coordinate and provide necessary staff assistance to the council.
3911 Section 90. Section 77-5-6 is amended to read:
3912 77-5-6. Suspension on filing articles -- Vacancy, how filled.
3913 When articles of impeachment are presented to the Senate, and the officer has been
3914 served with a copy of the articles, [
3915 office and may not exercise [
3916 Upon the suspension of any officer, other than the governor, or a justice or judge of a court of
3917 record, [
3918 with the advice and consent of the Senate, until the acquittal of the party impeached, or, in the
3919 case of [
3920 law.
3921 Section 91. Section 77-27-2 is amended to read:
3922 77-27-2. Board of Pardons and Parole -- Creation -- Compensation -- Functions.
3923 (1) There is created the Board of Pardons and Parole. The board shall consist of five
3924 full-time members and not more than five pro tempore members to be appointed by the
3925 governor with the advice and consent of the Senate as provided in this section. The members
3926 of the board shall be resident citizens of the state. The governor shall establish salaries for the
3927 members of the board within the salary range fixed by the Legislature in Title 67, Chapter 22,
3928 State Officer Compensation.
3929 (2) (a) (i) The full-time board members shall serve terms of five years. The terms of
3930 the full-time members shall be staggered so one board member is appointed for a term of five
3931 years on March 1 of each year.
3932 (ii) The pro tempore members shall serve terms of five years, beginning on March 1 of
3933 the year of appointment, with no more than one pro tempore member term beginning or
3934 expiring in the same calendar year. If a pro tempore member vacancy occurs, the board may
3935 submit the names of not fewer than three or more than five persons to the governor for
3936 appointment to fill the vacancy.
3937 (b) All vacancies occurring on the board for any cause shall be filled by the governor
3938 with the advice and consent of the Senate pursuant to this section for the unexpired term of the
3939 vacating member.
3940 (c) The governor may at any time remove any member of the board for inefficiency,
3941 neglect of duty, malfeasance or malfeasance in office, or for cause upon a hearing.
3942 (d) A member of the board may not hold any other office in the government of the
3943 United States, this state or any other state, or of any county government or municipal
3944 corporation within a state. A member may not engage in any occupation or business
3945 inconsistent with the member's duties.
3946 (e) A majority of the board constitutes a quorum for the transaction of business,
3947 including the holding of hearings at any time or any location within or without the state, or for
3948 the purpose of exercising any duty or authority of the board. Action taken by a majority of the
3949 board regarding whether parole, pardon, commutation, termination of sentence, or remission of
3950 fines or forfeitures may be granted or restitution ordered in individual cases is deemed the
3951 action of the board. A majority vote of the five full-time members of the board is required for
3952 adoption of rules or policies of general applicability as provided by statute. However, a
3953 vacancy on the board does not impair the right of the remaining board members to exercise any
3954 duty or authority of the board as long as a majority of the board remains.
3955 (f) Any investigation, inquiry, or hearing that the board has authority to undertake or
3956 hold may be conducted by any board member or an examiner appointed by the board. When
3957 any of these actions are approved and confirmed by the board and filed in its office, they are
3958 considered to be the action of the board and have the same effect as if originally made by the
3959 board.
3960 (g) When a full-time board member is absent or in other extraordinary circumstances
3961 the chair may, as dictated by public interest and efficient administration of the board, assign a
3962 pro tempore member to act in the place of a full-time member. Pro tempore members shall
3963 receive a per diem rate of compensation as established by the Division of Finance and all actual
3964 and necessary expenses incurred in attending to official business.
3965 (h) The chair may request staff and administrative support as necessary from the
3966 Department of Corrections.
3967 (3) (a) Except as provided in Subsection (3)(b), the Commission on Criminal and
3968 Juvenile Justice shall:
3969 (i) recommend five applicants to the governor for a full-time member appointment to
3970 the Board of Pardons and Parole; and
3971 (ii) consider applicants' knowledge of the criminal justice system, state and federal
3972 criminal law, judicial procedure, corrections policies and procedures, and behavioral sciences.
3973 (b) The procedures and requirements of Subsection (3)(a) do not apply if the governor
3974 appoints a sitting board member to a new term of office.
3975 (4) (a) The board shall appoint an individual to serve as its mental health adviser and
3976 may appoint other staff necessary to aid it in fulfilling its responsibilities under Title 77,
3977 Chapter 16a, Commitment and Treatment of Persons with a Mental Illness. The adviser shall
3978 prepare reports and recommendations to the board on all persons adjudicated as guilty with a
3979 mental illness, in accordance with Title 77, Chapter 16a, Commitment and Treatment of
3980 Persons with a Mental Illness.
3981 (b) The mental health adviser shall possess the qualifications necessary to carry out the
3982 duties imposed by the board and may not be employed by the Department of Corrections or the
3983 Utah State Hospital.
3984 (i) The Board of Pardons and Parole may review outside employment by the mental
3985 health advisor.
3986 (ii) The Board of Pardons and Parole shall develop rules governing employment with
3987 entities other than the board by the mental health advisor for the purpose of prohibiting a
3988 conflict of interest.
3989 (c) The mental health adviser shall:
3990 (i) act as liaison for the board with the Department of Human Services and local mental
3991 health authorities;
3992 (ii) educate the members of the board regarding the needs and special circumstances of
3993 persons with a mental illness in the criminal justice system;
3994 (iii) in cooperation with the Department of Corrections, monitor the status of persons
3995 in the prison who have been found guilty with a mental illness;
3996 (iv) monitor the progress of other persons under the board's jurisdiction who have a
3997 mental illness;
3998 (v) conduct hearings as necessary in the preparation of reports and recommendations;
3999 and
4000 (vi) perform other duties as assigned by the board.
4001 Section 92. Section 78A-11-103 is amended to read:
4002 78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies --
4003 Voting -- Power of chair.
4004 (1) The membership of the commission consists of the following 11 members:
4005 (a) two members of the House of Representatives to be appointed by the speaker of the
4006 House of Representatives for a four-year term, not more than one of whom may be of the same
4007 political party as the speaker;
4008 (b) two members of the Senate to be appointed by the president of the Senate for a
4009 four-year term, not more than one of whom may be of the same political party as the president;
4010 (c) two members of, and in good standing with, the Utah State Bar, who shall be
4011 appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
4012 reside in the same judicial district;
4013 (d) three persons not members of the Utah State Bar, who shall be appointed by the
4014 governor, with the advice and consent of the Senate, for four-year terms, not more than two of
4015 whom may be of the same political party as the governor; and
4016 (e) two judges to be appointed by a majority of the Utah Supreme Court for a four-year
4017 term, neither of whom may:
4018 (i) be a member of the Utah Supreme Court;
4019 (ii) serve on the same level of court as the other; and
4020 (iii) if trial judges, serve primarily in the same judicial district as the other.
4021 (2) (a) The terms of the members shall be staggered so that approximately half of the
4022 commission expires every two years.
4023 (b) Members of the commission may not serve longer than eight years.
4024 (3) The commission shall establish guidelines and procedures for the disqualification
4025 of any member from consideration of any matter. A judge who is a member of the commission
4026 or the Supreme Court may not participate in any proceedings involving the judge's own
4027 removal or retirement.
4028 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
4029 be appointed by the appointing authority for that position for the unexpired term.
4030 (b) If the appointing authority fails to appoint a replacement, the commissioners who
4031 have been appointed may act as a commission under all the provisions of this section.
4032 (5) Six members of the commission shall constitute a quorum. Any action of a
4033 majority of the quorum constitutes the action of the commission.
4034 (6) (a) At each commission meeting, the chair and executive director shall schedule all
4035 complaints to be heard by the commission and present any information from which a
4036 reasonable inference can be drawn that a judge has committed misconduct so that the
4037 commission may determine by majority vote of a quorum whether the executive director shall
4038 draft a written complaint in accordance with Subsection 78A-11-102(2)(b).
4039 (b) The chair and executive director may not act to dismiss any complaint without a
4040 majority vote of a quorum of the commission.
4041 (7) It is the responsibility of the chair and the executive director to ensure that the
4042 commission complies with the procedures of the commission.
4043 (8) The chair shall be nonvoting except in the case of a tie vote.
4044 (9) The chair shall be allowed the actual expenses of secretarial services, the expenses
4045 of services for either a court reporter or a transcriber of electronic tape recordings, and other
4046 necessary administrative expenses incurred in the performance of the duties of the commission.
4047 (10) Upon a majority vote of the quorum, the commission may:
4048 (a) employ an executive director, legal counsel, investigators, and other staff to assist
4049 the commission; and
4050 (b) incur other reasonable and necessary expenses within the authorized budget of the
4051 commission and consistent with the duties of the commission.
4052 (11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
4053 Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
4054 Section 93. Section 78B-22-402 is amended to read:
4055 78B-22-402. Commission members -- Member qualifications -- Terms -- Vacancy.
4056 (1) The commission is composed of 15 voting members and one ex officio, nonvoting
4057 member.
4058 (a) The governor, with the advice and consent of the Senate, shall appoint the
4059 following 13 voting members:
4060 (i) two practicing criminal defense attorneys recommended by the Utah Association of
4061 Criminal Defense Lawyers;
4062 (ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
4063 Association of Criminal Defense Lawyers;
4064 (iii) an attorney representing minority interests recommended by the Utah Minority Bar
4065 Association;
4066 (iv) one member recommended by the Utah Association of Counties from a county of
4067 the first or second class;
4068 (v) one member recommended by the Utah Association of Counties from a county of
4069 the third through sixth class;
4070 (vi) a director of a county public defender organization recommended by the Utah
4071 Association of Criminal Defense Lawyers;
4072 (vii) two members recommended by the Utah League of Cities and Towns from its
4073 membership;
4074 (viii) a retired judge recommended by the Judicial Council;
4075 (ix) one attorney practicing in the area of parental defense, recommended by an entity
4076 funded under the Child Welfare Parental Defense Program created in Section 63M-7-211; and
4077 (x) two members of the Utah Legislature, one from the House of Representatives and
4078 one from the Senate, selected jointly by the Speaker of the House and President of the Senate.
4079 (b) The Judicial Council shall appoint a voting member from the Administrative Office
4080 of the Courts.
4081 (c) The executive director of the State Commission on Criminal and Juvenile Justice or
4082 the executive director's designee is a voting member of the commission.
4083 (d) The director of the commission, appointed under Section 78B-22-403, is an ex
4084 officio, nonvoting member of the commission.
4085 (2) A member appointed by the governor shall serve a four-year term, except as
4086 provided in Subsection (3).
4087 (3) The governor shall stagger the initial terms of appointees so that approximately half
4088 of the members appointed by the governor are appointed every two years.
4089 (4) A member appointed to the commission shall have significant experience in
4090 indigent criminal defense , parental defense, or juvenile defense in delinquency proceedings or
4091 have otherwise demonstrated a strong commitment to providing effective representation in
4092 indigent defense services.
4093 (5) A person who is currently employed solely as a criminal prosecuting attorney may
4094 not serve as a member of the commission .
4095 (6) A commission member shall hold office until the member's successor is appointed.
4096 (7) The commission may remove a member for incompetence, dereliction of duty,
4097 malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
4098 (8) If a vacancy occurs in the membership for any reason, a replacement shall be
4099 appointed for the remaining unexpired term in the same manner as the original appointment.
4100 (9) The commission shall annually elect a chair from the commission's membership to
4101 serve a one-year term. A commission member may not serve as chair of the commission for
4102 more than three consecutive terms.
4103 (10) A member may not receive compensation or benefits for the member's service, but
4104 may receive per diem and travel expenses in accordance with:
4105 (a) Section 63A-3-106;
4106 (b) Section 63A-3-107; and
4107 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4108 63A-3-107.
4109 (11) (a) A majority of the members of the commission constitutes a quorum.
4110 (b) If a quorum is present, the action of a majority of the voting members present
4111 constitutes the action of the commission.
4112 Section 94. Section 79-2-202 is amended to read:
4113 79-2-202. Executive director -- Appointment -- Removal -- Compensation --
4114 Responsibilities.
4115 (1) (a) The chief administrative officer of the department is an executive director
4116 appointed by the governor with the advice and consent of the Senate.
4117 (b) The executive director may be removed at the will of the governor.
4118 (c) The executive director shall receive a salary established by the governor within the
4119 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
4120 (2) The executive director shall:
4121 (a) administer and supervise the department and provide for coordination and
4122 cooperation among the boards, divisions, councils, and committees of the department;
4123 (b) approve the budget of each board and division;
4124 (c) participate in regulatory proceedings as appropriate for the functions and duties of
4125 the department;
4126 (d) report at the end of each fiscal year to the governor on department, board, and
4127 division activities;
4128 (e) ensure that any training or certification required of a public official or public
4129 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
4130 22, State Training and Certification Requirements, if the training or certification is required:
4131 (i) under this title;
4132 (ii) by the department; or
4133 (iii) by an agency or division within the department; and
4134 (f) perform other duties as provided by statute.
4135 (3) By following the procedures and requirements of Title 63J, Chapter 5, Federal
4136 Funds Procedures Act, the executive director, may accept an executive or legislative provision
4137 that is enacted by the federal government, whereby the state may participate in the distribution,
4138 disbursement, or administration of a fund or service from the federal government for purposes
4139 consistent with the powers and duties of the department.
4140 (4) (a) The executive director, in cooperation with the governmental entities having
4141 policymaking authority regarding natural resources, may engage in studies and comprehensive
4142 planning for the development and conservation of the state's natural resources.
4143 (b) The executive director shall submit any plan to the governor for review and
4144 approval.
4145 Section 95. Section 79-3-302 is amended to read:
4146 79-3-302. Members of board -- Qualifications and appointment -- Vacancies --
4147 Organization -- Meetings -- Financial gain prohibited -- Expenses.
4148 (1) The board consists of seven members appointed by the governor, with the advice
4149 and consent of the Senate.
4150 (2) In addition to the requirements of Section 79-2-203, the members shall have the
4151 following qualifications:
4152 (a) one member knowledgeable in the field of geology as applied to the practice of civil
4153 engineering;
4154 (b) four members knowledgeable and representative of various segments of the mineral
4155 industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial minerals;
4156 (c) one member knowledgeable of the economic or scientific interests of the mineral
4157 industry in the state; and
4158 (d) one member who is interested in the goals of the survey and from the public at
4159 large.
4160 (3) The director of the School and Institutional Trust Lands Administration is an ex
4161 officio member of the board but without any voting privileges.
4162 (4) (a) Except as required by Subsection (4)(b), members are appointed for terms of
4163 four years.
4164 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
4165 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4166 board members are staggered so that approximately half of the board is appointed every two
4167 years.
4168 (c) No more than four members may be of the same political party.
4169 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
4170 appointed for the unexpired term by the governor with the advice and consent of the Senate.
4171 (5) The board shall select from its members a chair and such officers and committees
4172 as it considers necessary.
4173 (6) (a) The board shall hold meetings at least quarterly on such dates as may be set by
4174 its chair.
4175 (b) Special meetings may be held upon notice of the chair or by a majority of its
4176 members.
4177 (c) A majority of the members of the board present at a meeting constitutes a quorum
4178 for the transaction of business.
4179 (7) Members of the board may not obtain financial gain by reason of information
4180 obtained during the course of their official duties.
4181 (8) A member may not receive compensation or benefits for the member's service, but
4182 may receive per diem and travel expenses in accordance with:
4183 (a) Section 63A-3-106;
4184 (b) Section 63A-3-107; and
4185 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4186 63A-3-107.
4187 Section 96. Section 79-4-302 is amended to read:
4188 79-4-302. Board appointment and terms of members -- Expenses.
4189 (1) (a) The board is composed of nine members appointed by the governor, with the
4190 advice and consent of the Senate, to four-year terms.
4191 (b) In addition to the requirements of Section 79-2-203, the governor shall:
4192 (i) appoint one member from each judicial district and one member from the public at
4193 large;
4194 (ii) ensure that not more than five members are from the same political party; and
4195 (iii) appoint persons who have an understanding of and demonstrated interest in parks
4196 and recreation.
4197 (c) Notwithstanding the term requirements of Subsection (1)(a), the governor may
4198 adjust the length of terms to ensure that the terms of board members are staggered so that
4199 approximately half of the board is appointed every two years.
4200 (2) When vacancies occur because of death, resignation, or other cause, the governor,
4201 with the advice and consent of the Senate, shall:
4202 (a) appoint a person to complete the unexpired term of the person whose office was
4203 vacated; and
4204 (b) if the person was appointed from a judicial district, appoint the replacement from
4205 the judicial district from which the person whose office has become vacant was appointed.
4206 (3) The board shall appoint its chair from its membership.
4207 (4) A member may not receive compensation or benefits for the member's service, but
4208 may receive per diem and travel expenses in accordance with:
4209 (a) Section 63A-3-106;
4210 (b) Section 63A-3-107; and
4211 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4212 63A-3-107.
4213 Section 97. Coordinating S.B. 60 with S.B. 146 -- Superseding and technical
4214 amendments.
4215 If this S.B. 60 and S.B. 146, Boards and Commissions Modifications, both pass and
4216 become law, and S.B. 111, Higher Education Amendments, does not pass, it is the intent of the
4217 Legislature that the Office of Legislative Research and General Counsel prepare the Utah Code
4218 Database for publication by:
4219 (1) modifying Subsections 67-1-2(1) and (2) to read:
4220 "(1) [
4221 Senate, the Senate majority leader, and the Senate minority leader, 15 days before any Senate
4222 session to confirm any gubernatorial nominee, except a judicial appointment, the governor
4223 shall send to each member of the Senate and to the Office of Legislative Research and General
4224 Counsel:
4225 (a) a list of each nominee for an office or position made by the governor in accordance
4226 with the Utah Constitution and state law; and
4227 (b) any information that may support or provide biographical information about the
4228 nominee, including resumes and curriculum vitae.
4229 (2) Except as provided in Subsection (3), beginning October 1, 2020, at least 30 days
4230 before the day of an extraordinary session of the Senate to confirm a gubernatorial nominee,
4231 the governor shall send to each member of the Senate and to the Office of Legislative Research
4232 and General Counsel the following information for each nominee:
4233 (a) the nominee's name and biographical information, including a resume and
4234 curriculum vitae with personal contact information, including home address, email address, and
4235 telephone number, redacted, except that the governor shall send to the Office of Legislative
4236 Research and General Counsel the contact information for the nominee;
4237 (b) a detailed list, with citations, of the legal requirements for the appointed position;
4238 (c) a detailed list with supporting documents explaining how, and verifying that, the
4239 nominee meets each statutory and constitutional requirement for the appointed position;
4240 (d) a written certification by the governor that the nominee satisfies all requirements
4241 for the appointment; and
4242 (e) public comment information collected in accordance with Section 63G-24-204.";
4243 and
4244 (2) renumbering the remaining subsections, and references to those subsections,
4245 accordingly.
4246 Section 98. Coordinating S.B. 60 with S.B. 111 -- Superseding technical and
4247 substantive amendments.
4248 If this S.B. 60 and S.B. 146, Higher Education Amendments, both pass and become
4249 law, and S.B. 146, Boards and Commission Modifications, does not pass, it is the intent of the
4250 Legislature that the amendments in this coordination clause supersede the coordination clause
4251 in Section 202 in S.B. 111, and that the Office of Legislative Research and General Counsel
4252 prepare the Utah Code database for publication by modifying Subsections 67-1-2(3)(b) and (4)
4253 to read:
4254 "(b) Beginning October 1, 2020, a majority of the president of the Senate, the Senate
4255 majority leader, and the Senate minority leader may waive the 30-day requirement described in
4256 Subsection (2) for a gubernatorial nominee other than a nominee for the following:
4257 (i) the executive director of a department;
4258 (ii) the executive director of the Governor's Office of Economic Development;
4259 (iii) the executive director of the Labor Commission;
4260 (iv) a member of the State Tax Commission;
4261 (v) a member of the State Board of Education;
4262 (vi) a member of the Utah Board of Higher Education; or
4263 (vii) an individual:
4264 (A) whose appointment requires the advice and consent of the Senate; and
4265 (B) whom the governor designates as a member of the governor's cabinet.
4266 (4) Beginning October 1, 2020, the Senate shall hold a confirmation hearing for a
4267 nominee for an individual described in Subsection (3)(b)(i) through (vii).".
4268 Section 99. Coordinating S.B. 60 with S.B. 146 and S.B. 111 -- Superseding
4269 technical and substantive amendments.
4270 If this S.B. 60, S.B. 146, Boards and Commission Modifications, and S.B. 111, Higher
4271 Education Amendments, all pass and become law, it is the intent of the Legislature that the
4272 amendments in this coordination clause supersede the coordination clause in Section 60 in S.B.
4273 146, and that the Office of Legislative Research and General Counsel prepare the Utah Code
4274 database for publication by:
4275 (1) modifying Subsection 53B-1-404(1) as renumbered and amended by S.B. 111 to
4276 read:
4277 "(1) [
4278 of the state appointed by the governor with the advice and consent of the Senate in accordance
4279 with Title 63G, Chapter 24, Part 2, Vacancies, as follows:
4280 [
4281 [
4282 [
4283
4284 [
4285
4286 [
4287
4288 [
4289 [
4290 [
4291
4292
4293 [
4294
4295 [
4296
4297
4298 [
4299
4300
4301 [
4302
4303
4304 (a) subject to Subsections (2)(a), (3), and (6)(b)(ii), 16 members appointed from among
4305 candidates presented to the governor by a nominating committee; and
4306 (b) two student members appointed as described in Subsection (4).";
4307 (2) creating a newly enacted Subsection 53B-1-404(4)(c) to read:
4308 "(c) An appointee described in Subsection (4)(a) is not subject to the public comment
4309 process described in Section 63G-24-204.";
4310 (3) modifying Subsections 63G-24-102(4) and (5)(a) to read:
4311 "(4) "Nominee" means a person selected by the governor to fill a rulemaking board
4312 vacancy subject to the advice and consent of the Senate.
4313 (5) (a) "Rulemaking board" means a board, committee, commission, or council:
4314 (i) that has rulemaking authority; and
4315 (ii) at least part of whose membership is appointed by the governor subject to the
4316 advice and consent of the Senate.";
4317 (4) modifying Subsections 67-1-2(1) through (4) to read:
4318 "(1) [
4319 Senate, the Senate majority leader, and the Senate minority leader, 15 days before any Senate
4320 session to confirm any gubernatorial nominee, except a judicial appointment, the governor
4321 shall send to each member of the Senate and to the Office of Legislative Research and General
4322 Counsel:
4323 (a) a list of each nominee for an office or position made by the governor in accordance
4324 with the Utah Constitution and state law; and
4325 (b) any information that may support or provide biographical information about the
4326 nominee, including resumes and curriculum vitae.
4327 (2) Except as provided in Subsection (3), beginning October 1, 2020, at least 30 days
4328 before the day of an extraordinary session of the Senate to confirm a gubernatorial nominee,
4329 the governor shall send to each member of the Senate and to the Office of Legislative Research
4330 and General Counsel the following information for each nominee:
4331 (a) the nominee's name and biographical information, including a resume and
4332 curriculum vitae with personal contact information, including home address, email address, and
4333 telephone number, redacted, except that the governor shall send to the Office of Legislative
4334 Research and General Counsel the contact information for the nominee;
4335 (b) a detailed list, with citations, of the legal requirements for the appointed position;
4336 (c) a detailed list with supporting documents explaining how, and verifying that, the
4337 nominee meets each statutory and constitutional requirement for the appointed position;
4338 (d) a written certification by the governor that the nominee satisfies all requirements
4339 for the appointment; and
4340 (e) public comment information collected in accordance with Section 63G-24-204.
4341 (3) (a) Subsection (2) does not apply to a judicial nominee.
4342 (b) Beginning October 1, 2020, a majority of the president of the Senate, the Senate
4343 majority leader, and the Senate minority leader may waive the 30-day requirement described in
4344 Subsection (2) for a gubernatorial nominee other than a nominee for the following:
4345 (i) the executive director of a department;
4346 (ii) the executive director of the Governor's Office of Economic Development; (iii) the
4347 executive director of the Labor Commission;
4348 (iv) a member of the State Tax Commission;
4349 (v) a member of the State Board of Education;
4350 (vi) a member of the Utah Board of Higher Education; or
4351 (vii) an individual:
4352 (A) whose appointment requires the advice and consent of the Senate; and
4353 (B) whom the governor designates as a member of the governor's cabinet.
4354 (4) Beginning October 1, 2020, the Senate shall hold a confirmation hearing for a
4355 nominee for an individual described in Subsection (3)(b)(i) through (vii)."; and
4356 (5) renumbering the remaining subsections, and references to those subsections, of
4357 Section 67-1-2 accordingly.