Chief Sponsor: Curtis S. Bramble

House Sponsor: Joel Ferry


9     General Description:
10          This bill amends provisions related to the Utah Powersport Vehicle Franchise Advisory
11     Board (Advisory Board).
12     Highlighted Provisions:
13          This bill:
14          ▸     amends the appointment of members to the Advisory Board;
15          ▸     sunsets the Advisory Board in 2032; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          13-35-103, as last amended by Laws of Utah 2015, Chapter 258
24          63I-1-213, as last amended by Laws of Utah 2021, Chapter 26

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 13-35-103 is amended to read:
28          13-35-103. Utah Powersport Vehicle Franchise Advisory Board -- Creation --
29     Appointment of members -- Alternate members -- Chair -- Quorum -- Conflict of interest.

30          (1) There is created within the department the Utah Powersport Vehicle Franchise
31     Advisory Board that consists of:
32          (a) the executive director or the executive director's designee; and
33          (b) [six] seven members appointed by the executive director, with the concurrence of
34     the governor, as follows:
35          (i) [three] four new powersport vehicle franchisees, each from a different congressional
36     district in the state; and
37          (ii) (A) three members representing powersport vehicle franchisors registered by the
38     department pursuant to Section 13-35-105;
39          (B) three members of the general public, none of whom shall be related to any
40     franchisee; or
41          (C) three members consisting of any combination of these representatives under this
42     Subsection (1)(b)(ii).
43          (2) (a) The executive director shall also appoint, with the concurrence of the governor,
44     three alternate members, with at least one alternate from each of the designations set forth in
45     Subsections (1)(b)(i) and (1)(b)(ii), except that the new powersport vehicle franchisee alternate
46     or alternates for the designation under Subsection (1)(b)(i) may be from any congressional
47     district.
48          (b) An alternate shall take the place of a regular advisory board member from the same
49     designation at a meeting of the advisory board where that regular advisory board member is
50     absent or otherwise disqualified from participating in the advisory board meeting.
51          (3) (a) (i) Members of the advisory board appointed under Subsections (1)(b) and (2)
52     shall be appointed for a term of four years.
53          (ii) No specific term shall apply to the executive director or the executive director's
54     designee.
55          [(b) The executive director may adjust the term of members who were appointed to the
56     advisory board prior to July 1, 2002, by extending the unexpired term of a member for up to
57     two additional years in order to insure that approximately half of the members are appointed

58     every two years.]
59          [(c)] (b) In the event of a vacancy on the advisory board of a member appointed under
60     Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall
61     appoint an individual to complete the unexpired term of the member whose office is vacant.
62          [(d)] (c) A member may not be appointed to more than two consecutive terms.
63          (4) (a) The executive director or the executive director's designee shall be the chair of
64     the advisory board.
65          (b) The department shall keep a record of all hearings, proceedings, transactions,
66     communications, and recommendations of the advisory board.
67          (5) (a) Four or more members of the advisory board constitute a quorum for the
68     transaction of business.
69          (b) The action of a majority of a quorum present is considered the action of the
70     advisory board.
71          (6) (a) A member of the advisory board may not participate as a board member in a
72     proceeding or hearing:
73          (i) involving the member's business or employer; or
74          (ii) when a member, a member's business, family, or employer has a pecuniary interest
75     in the outcome or other conflict of interest concerning an issue before the advisory board.
76          (b) If a member of the advisory board is disqualified under Subsection (6)(a), the
77     executive director shall select the appropriate alternate member to act on the issue before the
78     advisory board as provided in Subsection (2).
79          (7) Except for the executive director or the executive director's designee, an individual
80     may not be appointed or serve on the advisory board while holding any other elective or
81     appointive state or federal office.
82          (8) A member may not receive compensation or benefits for the member's service, but
83     may receive per diem and travel expenses in accordance with:
84          (a) Section 63A-3-106;
85          (b) Section 63A-3-107; and

86          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
87     63A-3-107.
88          (9) The department shall provide necessary staff support to the advisory board.
89          Section 2. Section 63I-1-213 is amended to read:
90          63I-1-213. Repeal dates, Title 13.
91          (1) Section 13-32a-112, which creates the Pawnshop and Secondhand Merchandise
92     Advisory Board, is repealed July 1, 2027.
93          (2) Section 13-35-103, which creates the Powersport Motor Vehicle Franchise
94     Advisory Board, is repealed July 1, [2022] 2032.
95          (3) Section 13-43-202, which creates the Land Use and Eminent Domain Advisory
96     Board, is repealed July 1, 2026.