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S.B. 10 Enrolled
REVISIONS TO SENATE ADVISE AND
CONSENT POWERS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Ron Allen
This act makes uniform the language in the Utah Code governing Senate advise and consent
powers. This act conforms specific statutory conflicts relating to the governor's appointment
powers with general provisions governing the governor's appointment powers. This act
makes technical corrections.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-2-3, as last amended by Chapter 114, Laws of Utah 1991
4-18-4, as last amended by Chapter 82, Laws of Utah 1997
7-1-202, as last amended by Chapter 114, Laws of Utah 1991
7-1-203, as last amended by Chapters 79 and 243, Laws of Utah 1996
9-1-204, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-2-203, as last amended by Chapter 243, Laws of Utah 1996
9-3-202, as last amended by Chapter 243, Laws of Utah 1996
9-4-304, as last amended by Chapters 242 and 243, Laws of Utah 1996
9-4-503, as last amended by Chapters 194 and 243, Laws of Utah 1996
9-4-904, as last amended by Chapter 319, Laws of Utah 2001
9-4-1104, as last amended by Chapter 276, Laws of Utah 1997
9-6-204, as last amended by Chapter 243, Laws of Utah 1996
9-8-204, as last amended by Chapter 243, Laws of Utah 1996
9-14-103, as enacted by Chapter 368, Laws of Utah 1999
9-15-103, as enacted by Chapter 368, Laws of Utah 1999
11-38-201, as enacted by Chapter 24, Laws of Utah 1999
13-1-3, as last amended by Chapter 114, Laws of Utah 1991
17A-2-1409, as last amended by Chapter 254, Laws of Utah 2000
17A-2-1704, as last amended by Chapter 1, Laws of Utah 2000
19-1-104, as enacted by Chapter 112, Laws of Utah 1991
19-2-103, as last amended by Chapter 275, Laws of Utah 2001
19-3-103, as last amended by Chapter 243, Laws of Utah 1996
19-4-103, as last amended by Chapter 275, Laws of Utah 2001
19-5-103, as last amended by Chapter 275, Laws of Utah 2001
19-6-103, as last amended by Chapter 243, Laws of Utah 1996
23-14-2, as last amended by Chapter 276, Laws of Utah 1997
26-1-8, as last amended by Chapter 114, Laws of Utah 1991
26-33a-103, as last amended by Chapter 21, Laws of Utah 1999
31A-2-102, as last amended by Chapter 305, Laws of Utah 1993
31A-29-104, as last amended by Chapter 243, Laws of Utah 1996
31A-33-106, as renumbered and amended by Chapter 240 and last amended by Chapter 243,
Laws of Utah 1996
34-20-3, as last amended by Chapters 135 and 375, Laws of Utah 1997
34A-1-201, as enacted by Chapter 375, Laws of Utah 1997
34A-1-205, as enacted by Chapter 375, Laws of Utah 1997
35A-1-201, as last amended by Chapter 10, Laws of Utah 1997
40-6-4, as last amended by Chapter 243, Laws of Utah 1996
49-1-202, as last amended by Chapter 243, Laws of Utah 1996
51-7-16, as last amended by Chapter 276, Laws of Utah 1997
53-1-107, as renumbered and amended by Chapter 234, Laws of Utah 1993
53-2-108, as enacted by Chapter 281, Laws of Utah 1997
53B-1-104, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
53C-1-202, as enacted by Chapter 294, Laws of Utah 1994
54-1-1.5, as last amended by Chapter 114, Laws of Utah 1991
54-1-1.6, as enacted by Chapter 246, Laws of Utah 1983
54-10-2, as last amended by Chapter 243, Laws of Utah 1996
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59-1-206, as last amended by Chapter 114, Laws of Utah 1991
61-1-18.5, as last amended by Chapter 160, Laws of Utah 1997
61-2b-7, as last amended by Chapter 117, Laws of Utah 1999
62A-1-107, as last amended by Chapter 69, Laws of Utah 1999
62A-1-108, as last amended by Chapter 114, Laws of Utah 1991
62A-4a-102, as last amended by Chapter 208, Laws of Utah 2000
62A-7-109, as last amended by Chapter 1, Laws of Utah 2000
62A-13-103, as last amended by Chapter 157, Laws of Utah 2001
63-2-501, as last amended by Chapters 194 and 243, Laws of Utah 1996
63-5-4, as last amended by Chapter 82, Laws of Utah 1997
63-11-14, as last amended by Chapters 242 and 243, Laws of Utah 1996
63-25a-103, as last amended by Chapter 270, Laws of Utah 1999
63-25a-404, as last amended by Chapter 235, Laws of Utah 2000
63-34-4, as last amended by Chapter 243, Laws of Utah 1996
63-34-5, as last amended by Chapter 66, Laws of Utah 1993
63-88-103, as last amended by Chapter 243, Laws of Utah 1996
63-88-107, as last amended by Chapter 281, Laws of Utah 2000
63A-1-105, as enacted by Chapter 212, Laws of Utah 1993
63A-7-104, as last amended by Chapter 109, Laws of Utah 2001
63A-10-103, as last amended by Chapter 109, Laws of Utah 2001
63C-9-201, as last amended by Chapter 46, Laws of Utah 1999
63D-1-301, as last amended by Chapter 364, Laws of Utah 1998
64-13-3, as last amended by Chapter 114, Laws of Utah 1991
64-13-4.1, as last amended by Chapter 243, Laws of Utah 1996
67-1-1.5, as last amended by Chapter 243, Laws of Utah 1996
67-1-2.5, as last amended by Chapter 242, Laws of Utah 1996
67-1-3, Utah Code Annotated 1953
67-1a-2, as enacted by Chapter 68, Laws of Utah 1984
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67-19-5, as last amended by Chapter 128, Laws of Utah 1994
68-4-6, as last amended by Chapter 125, Laws of Utah 1993
72-1-202, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-1-301, as renumbered and amended by Chapter 270, Laws of Utah 1998
72-7-109, as enacted by Chapter 347, Laws of Utah 2000
73-10-2, as last amended by Chapter 243, Laws of Utah 1996
77-27-2, as last amended by Chapters 13 and 22, Laws of Utah 1998
78-8-102, as renumbered and amended by Chapter 148, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
4-2-3
is amended to read:
4-2-3. Administration by commissioner.
Administration of the department is under the direction, control, and management of a
commissioner appointed by the governor with the [advice and] consent of the Senate. The
commissioner shall serve at the pleasure of the governor. The governor shall establish the
commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter
22, State Officer Compensation.
Section 2.
Section
4-18-4
is amended to read:
4-18-4. Soil Conservation Commission created -- Composition -- Appointment -- Terms
-- Compensation -- Attorney general to provide legal assistance.
(1) There is established, to serve as an agency of the state and functioning within the
Department of Agriculture and Food the Soil Conservation Commission to perform the functions
specified in this chapter.
(2) The Soil Conservation Commission shall be comprised of 12 members as follows:
(a) the director of the Extension Service at Utah State University, or his designee;
(b) the president of the Association of Soil Conservation Districts, or his designee;
(c) the commissioner, or his designee;
(d) the executive director of the Department of Natural Resources, or his designee;
(e) the executive director of the Department of Environmental Quality, or his designee; and
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(f) seven district supervisors who provide district representation on the commission on a
multicounty basis.
(3) If a district supervisor is unable to attend a meeting, an alternate may serve in his place.
(4) The members of the commission specified in Subsection (2)(f) shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the [advice and] consent of the Senate.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of commission
members are staggered so that approximately half of the commission is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) The commissioner is chair of the commission.
(8) Attendance of a majority of the commission members at a meeting constitutes a quorum.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties from the committee at the rates established by the Division of
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(10) The commission shall keep a record of its actions.
(11) The attorney general shall provide legal services to the commission upon request.
Section 3.
Section
7-1-202
is amended to read:
7-1-202. Commissioner of financial institutions as executive officer -- Appointment --
Term -- Salary -- Qualifications.
The chief executive officer of the Department of Financial Institutions shall be the
commissioner of financial institutions who shall be appointed by the governor with the [advice and]
consent of the Senate. He shall hold office for a term of four years following his appointment and
confirmation and until his successor is appointed and qualified, but he shall be subject to removal
at the pleasure of the governor. The governor shall establish the commissioner's salary within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. The
commissioner of financial institutions shall be a citizen of the United States and shall have sufficient
experience with depository institutions or as an employee of a state or federal agency having
supervision over financial institutions to demonstrate his qualifications and fitness to perform the
duties of his office.
Section 4.
Section
7-1-203
is amended to read:
7-1-203. Board of Financial Institutions.
(1) There is created a Board of Financial Institutions consisting of the commissioner and the
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following five members, who shall be qualified by training and experience in their respective fields
and shall be appointed by the governor with the [advice and] consent of the Senate:
(a) one representative from the commercial banking business;
(b) one representative from the savings and loan, consumer lending, mortgage brokerage,
or escrow agency business;
(c) one representative from the industrial loan corporation business;
(d) one representative from the credit union business; and
(e) one representative of the general public who, as a result of education, training,
experience, or interest, is well qualified to consider economic and financial issues and data as they
may affect the public interest in the soundness of the financial systems of this state.
(2) The commissioner shall act as chair.
(3) (a) All members of the board shall be residents of this state.
(b) No more than three members of the board may be from the same political party.
(c) No more than two members of the board may be connected with the same financial
institution or its holding company.
(d) A member may not participate in any matter involving any institution with which the
member has a conflict of interest.
(4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years each
expiring on July 1.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) All members serve until their respective successors are appointed and qualified.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) The board shall meet at least quarterly on a date it sets. The commissioner or any two
members of the board may call additional meetings. Four members constitute a quorum for the
transaction of business. Actions of the board require a vote of a majority of those present. Meetings
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of the board and records of its proceedings are subject to Title 52, Chapter 4, Open and Public
Meetings, except for discussion of confidential information pertaining to a particular financial
institution.
(6) Each member of the board shall, by sworn or written statement filed with the
commissioner, disclose any position of employment or ownership interest that the member has with
respect to any institution subject to the jurisdiction of the department. The member shall file this
statement when first appointed to the board and shall subsequently file amendments if there is any
material change in the matters covered by the statement.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(8) The board shall advise the commissioner with respect to the exercise of his duties,
powers, and responsibilities under this title and the organization and performance of the department
and its employees.
(9) The board shall recommend annually to the governor and the Legislature a budget for
the requirements of the department in carrying out its duties, functions, and responsibilities under
this title.
Section 5.
Section
9-1-204
is amended to read:
9-1-204. Executive director of department -- Appointment -- Removal --
Compensation.
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(1) The department shall be administered, directed, controlled, organized, and managed by
an executive director appointed by the governor with the [advice and] consent of the Senate.
(2) The executive director shall serve at the pleasure of the governor and is subject to
removal by the governor with or without cause.
(3) The salary of the executive director shall be established by the governor within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 6.
Section
9-2-203
is amended to read:
9-2-203. Members -- Meetings -- Expenses.
(1) (a) The board shall consist of 15 members appointed by the governor to four-year terms
of office with the [advice and] consent of the Senate.
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) The members may not serve more than two full consecutive terms except where the
governor determines that an additional term is in the best interest of the state.
(2) Not more than eight members of the board may be from one political party.
(3) The members shall be representative of all areas of the state.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) Eight members of the board constitute a quorum for conducting board business and
exercising board power.
(6) The governor shall select one of the board members as its chair.
(7) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
Section 7.
Section
9-3-202
is amended to read:
9-3-202. Members -- Meetings -- Expenses.
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(1) (a) The board shall consist of nine members appointed by the governor to four-year terms
of office with the [advice and] consent of the Senate.
(b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(2) The members may not serve more than two full consecutive terms unless the governor
determines that an additional term is in the best interest of the state.
(3) Not more than five members of the board may be of the same political party.
(4) (a) The members shall be representative of:
(i) all areas of the state with six being appointed from separate geographical areas as
provided in Subsection (4)(b); and
(ii) a diverse mix of the travel and tourism related industries.
(b) The geographical representatives shall be appointed as follows:
(i) one member from Salt Lake, Tooele, or Morgan County;
(ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
(iii) one member from Utah, Summit, Juab, or Wasatch County;
(iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
(v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
(vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
(c) The travel and tourism industry representatives shall be appointed from among active
participants in the ownership or management of travel and tourism related businesses.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term from the same geographic area or industry representation as the
member whose office was vacated.
(6) Five members of the board constitutes a quorum for conducting board business and
exercising board powers.
(7) The governor shall select one of the board members as chair and one of the board
members as vice chair, each for a two-year term.
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(8) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
(9) The board shall meet at least once each quarter at various locations throughout the state.
Section 8.
Section
9-4-304
is amended to read:
9-4-304. Permanent Community Impact Fund Board created -- Members -- Terms --
Chair -- Expenses.
(1) There is created within the Department of Community and Economic Development the
Permanent Community Impact Fund Board composed of 11 members as follows:
(a) the chair of the Board of Water Resources or the chair's designee;
(b) the chair of the Water Quality Board or the chair's designee;
(c) the director of the department or the director's designee;
(d) the chair of the State Board of Education or the chair's designee;
(e) the chair of the State Board of Regents or the chair's designee;
(f) the state treasurer;
(g) the chair of the Transportation Commission or the chair's designee;
(h) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
(i) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or Wayne
County;
(j) a locally elected official who resides in Duchesne, Daggett, or Uintah County; and
(k) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or Kane
County.
(2) (a) The members specified under Subsections (1)(h) through (1)(k) shall be:
(i) nominated by the Board of Directors of the Southeastern Association of Governments,
Central Utah Association of Governments, Uintah Basin Association of Governments, and
Southwestern Association of Governments, respectively; and
(ii) appointed by the governor with the [advice and] consent of the Senate.
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(iii) Except as required by Subsection (2)(a)(iv), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(iv) Notwithstanding the requirements of Subsection (2)(a)(iii), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) The terms of office for the members of the impact board specified under Subsections
(1)(a) through (1)(g) shall run concurrently with the terms of office for the councils, boards,
committees, commission, departments, or offices from which the members come.
(4) The executive director of the department, or the executive director's designee, shall be
the chair of the impact board.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Higher education members may decline to receive per diem and expenses for their
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service.
(d) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 9.
Section
9-4-503
is amended to read:
9-4-503. Private Activity Bond Review Board.
(1) There is created within the department the Private Activity Bond Review Board,
composed of ten members as follows:
(a) four ex officio members who shall be:
(i) the executive director of the department or his designee;
(ii) the state treasurer or his designee;
(iii) the chair of the Board of Regents or his designee; and
(iv) the chair of the Utah Housing Finance Agency or his designee; and
(b) six local government members who shall be:
(i) three elected or appointed county officials, nominated by the Utah Association of
Counties and appointed by the governor with the [advice and] consent of the Senate; and
(ii) three elected or appointed municipal officials, nominated by the Utah League of Cities
and Towns and appointed by the governor with the [advice and] consent of the Senate.
(2) (a) Except as required by Subsection (2)(b), the terms of office for the local government
members of the board of review shall be four-year terms.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) Members may be reappointed only once.
(3) (a) If a local government member ceases to be an elected or appointed official of the city
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or county he is appointed to represent, his membership on the board of review shall terminate
immediately and there shall be a vacancy in the membership.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed within 30 days in the manner of the regular appointment for the unexpired term, and until
his successor is appointed and qualified.
(4) The chair of the board of review shall be the executive director of the department or his
designee. The chair shall be nonvoting except in the case of a tie vote.
(5) Five members of the board of review constitute a quorum.
(6) Formal action by the board of review shall be by majority vote of a quorum.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(d) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
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performance of their official duties from the committee at the rates established by the Division of
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(8) The chair of the board of review shall serve as the state official designated under state
law to make certifications required to be made under Section 146 of the code including, without
limitation, the certification required by Section 149(e)(2)(F) of the code.
Section 10.
Section
9-4-904
is amended to read:
9-4-904. Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers -- Quorum -- Per
diem and expenses.
(1) (a) There is created an independent body politic and corporate, constituting a public
corporation, known as the "Utah Housing Corporation."
(b) The corporation may also be known and do business as the:
(i) Utah Housing Finance Association; and
(ii) Utah Housing Finance Agency in connection with any contract entered into when that
was the corporation's legal name.
(c) Any other entity may not use the names described in Subsections (1)(a) and (b) without
the express approval of the corporation.
(2) The corporation shall be governed by a board of trustees composed of the following nine
trustees:
(a) three ex officio trustees who shall be:
(i) the executive director of the Department of Community and Economic Development;
(ii) the commissioner of the Department of Financial Institutions or his designee; and
(iii) the state treasurer or his designee; and
(b) six public trustees, being private citizens of the state, as follows:
(i) two people representing the mortgage lending industry;
(ii) two people representing the home building and real estate industry; and
(iii) two people representing the public at large.
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(3) The governor shall:
(a) appoint the six public trustees of the corporation with the [advice and] consent of the
Senate; and
(b) ensure that:
(i) the six public trustees are from different counties and are residents of Utah; and
(ii) not more than three of the public trustees belong to the same political party.
(4) (a) Except as required by Subsection (4)(b), the six public trustees shall be appointed to
terms of office of four years each.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of corporation
trustees are staggered so that approximately half of the board is appointed every two years.
(5) (a) Any of the six public trustees of the corporation may be removed from office for
cause either by the governor or by an affirmative vote of any six trustees of the corporation.
(b) When a vacancy occurs in the board of trustees for any reason, the replacement shall be
appointed for the unexpired term.
(c) Each public trustee shall hold office for the term of his appointment and until his
successor has been appointed and qualified.
(d) Any public trustee is eligible for reappointment but may not serve more than two full
consecutive terms.
(6) (a) The governor shall select the chair of the corporation.
(b) The trustees shall elect from among their number a vice chair and other officers they may
determine.
(7) Five trustees of the corporation constitute a quorum for transaction of business. An
affirmative vote of at least five trustees is necessary for any action to be taken by the corporation.
A vacancy in the board of trustees may not impair the right of a quorum to exercise all rights and
perform all duties of the corporation.
(8) (a) (i) Trustees who are not government employees may not receive compensation or
benefits for their services, but may receive a reasonable per diem and reimbursement expenses
- 16 -
incurred in the performance of the trustee's official duties at the rates established by the board of
trustees.
(ii) Trustees may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee trustees who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the corporation at the rates established by the Division of
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee trustees may decline to receive per diem and
expenses for their service.
Section 11.
Section
9-4-1104
is amended to read:
9-4-1104. Board of Directors -- Membership -- Term -- Quorum -- Vacancies.
(1) The corporation shall be governed by a board of directors.
(2) The board shall be composed of 11 members appointed by the governor with the [advice
and] consent of the Senate.
(3) The governor shall ensure that:
(a) two members of the board are residents of Salt Lake County in which the state fair is
held;
(b) there is at least one member of the board from each judicial district;
(c) two members of the board are residents of the First Congressional District;
(d) two members of the board are residents of the Second Congressional District;
(e) two members of the board are residents of the Third Congressional District; and
(f) two members of the board represent agricultural interests.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), the governor shall appoint board
members to serve terms that expire on the December 1 four years after the year that the board
member was appointed.
(ii) In making appointments to the board, the governor shall ensure that the terms of
approximately 1/4 of the board expire each year.
(b) Except as provided in Subsection (4)(c), board members shall serve until their successors
- 17 -
are appointed and qualified.
(c) (i) If a board member is absent from three consecutive board meetings without excuse,
that member's appointment is terminated, the position is vacant, and the governor shall appoint a
replacement.
(ii) The governor may remove any member of the board at will.
(d) The governor shall fill any vacancy that occurs on the board for any reason by appointing
a person according to the procedures of this section for the unexpired term of the vacated member.
(5) The governor shall select the board's chair.
(6) Six members of the board are a quorum for the transaction of business.
(7) The board may elect a vice chair and any other board offices.
Section 12.
Section
9-6-204
is amended to read:
9-6-204. Utah Arts Council Board of Directors.
(1) There is created within the department the Board of Directors of the Utah Arts Council.
(2) (a) The board shall consist of 13 members appointed by the governor to four-year terms
of office with the [advice and] consent of the Senate.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) Nine board members shall be working artists in the following areas:
(i) visual arts;
(ii) architecture or design;
(iii) literature;
(iv) music;
(v) sculpture;
(vi) folklore or folk arts;
(vii) theatre;
(viii) dance; and
(ix) media arts.
- 18 -
(d) Four board members shall be citizens knowledgeable in the arts.
(3) The members shall be appointed from the state at large with due consideration for
geographical representation.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor within one month from the time of vacancy.
(5) Seven members of the board constitute a quorum for the transaction of business.
(6) The governor shall annually select one of the board members as chair.
(7) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
(c) Members may not receive gifts, prizes, or awards of money from the purchasing fund of
the division during their terms of office.
Section 13.
Section
9-8-204
is amended to read:
9-8-204. Board of State History.
(1) There is created within the department the Board of State History.
(2) The board shall consist of 11 members appointed by the governor with the [advice and]
consent of the Senate as follows:
(a) sufficient representatives to satisfy the federal requirements for an adequately qualified
State Historic Preservation Review Board; and
(b) other persons with an interest in the subject matter of the division's responsibilities.
(3) (a) Except as required by Subsection (3)(b), the members shall be appointed for terms
of four years and shall serve until their successors are appointed and qualified.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term with the [advice and] consent of the Senate.
- 19 -
(5) Six members of the board are a quorum for the transaction of business.
(6) The governor shall select a chair and vice chair from the board members.
(7) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
Section 14.
Section
9-14-103
is amended to read:
9-14-103. Rural Development Fund Board -- Members -- Terms -- Chair -- Quorum
-- Expenses.
(1) There is created within the division the Rural Development Fund Board comprised of
five members as follows:
(a) the governor or the governor's designee;
(b) two mayors from eligible entities; and
(c) two county commissioners from eligible entities.
(2) The governor shall appoint the members, [subject to confirmation by] with the consent
of the Senate.
(3) The terms of members shall run concurrently with the terms of office for the governor,
the mayors, and the commissioners.
(4) The governor or the governor's designee shall serve as the chair of the board.
(5) Three board members constitute a quorum.
(6) (a) Members who do not receive salary, per diem, or expenses from the entity that they
represent for their service may receive per diem and expenses incurred in the performance of their
official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
Section 15.
Section
9-15-103
is amended to read:
9-15-103. Rural Electronic Commerce Communications System Fund Board --
Members -- Terms -- Chair -- Quorum -- Expenses.
- 20 -
(1) There is created within the division the Rural Electronic Commerce Communications
System Fund Board comprised of nine members as follows:
(a) the governor or the governor's designee;
(b) four mayors from towns scattered throughout rural Utah; and
(c) four county commissioners from four different rural counties in the state.
(2) No more than two members under Subsections (1)(b) and (c) may be from the same
county.
(3) The governor shall appoint the members[, subject to confirmation by] with the consent
of the Senate.
(4) The terms of members shall run concurrently with their terms of office.
(5) The governor or the governor's designee shall serve as chair of the board.
(6) Five members constitute a quorum.
(7) (a) Members who do not receive salary, per diem, or expenses from the entity that they
represent for their service may receive per diem and expenses incurred in the performance of their
official duties at rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
Section 16.
Section
11-38-201
is amended to read:
11-38-201. Quality Growth Commission -- Term of office -- Vacancy -- Organization
-- Expenses -- Staff.
(1) There is created a Quality Growth Commission consisting of:
(a) two persons at the state government level, one of whom shall be from the Department
of Natural Resources;
(b) six elected officials at the local government level; and
(c) five persons from the profit and nonprofit private sector, no more than three of whom
may be from the same political party and one of whom shall be from the residential construction
industry, nominated by the Utah Home Builders Association, and one of whom shall be from the real
estate industry, nominated by the Utah Association of Realtors.
- 21 -
(2) (a) Each commission member shall be appointed by the governor with the [advice and]
consent of the Senate.
(b) The governor shall select three of the six members under Subsection (1)(b) from a list
of names provided by the Utah League of Cities and Towns, and shall select the remaining three
from a list of names provided by the Utah Association of Counties.
(c) Two of the persons appointed under Subsection (1) shall be from the agricultural
community from a list of names provided by Utah farm organizations.
(3) (a) The term of office of each member is four years, except that the governor shall
appoint one of the persons at the state government level, three of the persons at the local government
level, and two of the persons under Subsection (1)(c) to an initial two-year term.
(b) No member of the commission may serve more than two consecutive four-year terms.
(4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as an
appointment under Subsection (2).
(5) Commission members shall elect a chair from their number and establish rules for the
organization and operation of the commission.
(6) (a) No member may receive compensation or benefits for the member's service on the
commission.
(b) (i) A member who is not a government officer or employee may be reimbursed for
reasonable expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) A member who is a government officer or employee and who does not receive expenses
from the member's agency may be reimbursed for reasonable expenses incurred in the performance
of the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(c) A member may decline to be reimbursed for reasonable expenses incurred in the
performance of the member's official duties.
(d) A member is not required to give bond for the performance of official duties.
(7) Staff services to the commission:
- 22 -
(a) shall be provided by OPB; and
(b) may be provided by local entities through the Utah Association of Counties and the Utah
League of Cities and Towns, with funds approved by the commission from those identified as
available to local entities under Subsection
11-38-203
(1).
Section 17.
Section
13-1-3
is amended to read:
13-1-3. Executive director.
(1) The department shall be under the supervision, direction, and control of the executive
director of commerce. The executive director shall be appointed by the governor with the [advice
and] consent of the Senate. The executive director shall hold office at the pleasure of the governor.
The governor shall establish the executive director's salary within the salary range fixed by the
Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall employ personnel necessary to carry out the duties and
responsibilities of the department.
Section 18.
Section
17A-2-1409
is amended to read:
17A-2-1409. Board of trustees -- Selection of members -- Number -- Qualifications --
Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
(1) (a) Within 45 days after entry of the decree incorporating the district, the board of
trustees shall be selected as provided in this Subsection (1).
(b) For a district that consists of a single county, the county legislative body of that county
shall appoint each trustee.
(c) (i) For a district that consists of more than a single county, the governor, with the [advice
and] consent of the Senate, shall appoint each trustee from nominees submitted as provided in this
Subsection (1)(c).
(ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
incorporated cities, the legislative body of each city within the division shall submit two nominees
per trustee.
(B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit fewer
than two nominees per trustee if the legislative body certifies in writing to the governor that the
- 23 -
legislative body is unable, after reasonably diligent effort, to identify two nominees who are willing
and qualified to serve as trustee.
(iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the county
legislative body of the county in which the division is located shall submit three nominees per
trustee.
(B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit fewer
than three nominees per trustee if the county legislative body certifies in writing to the governor that
the county legislative body is unable, after reasonably diligent effort, to identify three nominees who
are willing and qualified to serve as trustee.
(iv) If a trustee represents a division located in more than one county, the county governing
bodies of those counties shall collectively compile the list of three nominees.
(d) In districts where substantial water is allocated for irrigated agriculture, one trustee
appointed in that district shall be a person who owns irrigation rights and uses those rights as part
of that person's livelihood.
(2) (a) The court shall establish the number, representation, and votes of trustees for each
district in the decree creating the district. The board of trustees of the district shall consist of not
more than 11 persons who are residents of the district. If the district consists of five or more
counties, the board of trustees shall consist of not more than 21 persons who are residents of the
district.
(b) At least 90 days before expiration of a trustee's term, the secretary of the board shall:
(i) give written notice of vacancies in any office of trustee and of the expiration date of terms
of office of trustees to the county legislative body in single county districts and to the nominating
entities and the governor in all other districts; and
(ii) publish the notice in a newspaper having general circulation.
(c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a vacancy
in the office of trustee, the legislative body of the city or the county legislative body, as the case may
be, shall nominate candidates to fill the unexpired term of office pursuant to Subsection (1).
(ii) If the entity charged with nominating candidates for appointment by the governor has
- 24 -
not submitted the list of nominees within 90 days after service of the notice, the governor shall make
the appointment from qualified candidates without consultation with the legislative body of the city
or the county legislative body.
(iii) If the governor fails to appoint, the incumbent shall continue to serve until a successor
is appointed and qualified.
(iv) Appointment by the governor vests in the appointee, upon qualification, the authority
to discharge the duties of trustee, subject only to the [advice and] consent of the Senate.
(d) Each trustee shall hold office during the term for which appointed and until a successor
is duly appointed and has qualified.
(3) Each trustee shall furnish a corporate surety bond at the expense of the district, in amount
and form fixed and approved by the court, conditioned for the faithful performance of duties as a
trustee.
(4) (a) A report of the business transacted during the preceding year by the district, including
a financial report prepared by certified public accountants, shall be filed with:
(i) the clerk of the district court;
(ii) the governing bodies of counties with lands within the district; and
(iii) cities charged with nominating trustees.
(b) No more than 14 days and no less than five days prior to the annual meeting, the district
shall have published at least once in a newspaper having general circulation within the district:
(i) a notice of the annual meeting; and
(ii) the names of the trustees.
(c) The district shall have published a summary of its financial report in a newspaper having
general circulation within the district. The summary shall be published no later than 30 days after
the date the audit report required under Title 51, Chapter 2, Audits of Political Subdivisions,
Interlocal Organizations and Other Local Entities, is required to be filed with the state auditor.
(d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less than
$1,000,000.
Section 19.
Section
17A-2-1704
is amended to read:
- 25 -
17A-2-1704. Creation of authority -- Members.
(1) (a) The authority comprises ten members. If the requirements of Section
17A-2-1703
are
met, the governor shall, with the [advice and] consent of the Senate, appoint six members of the
authority from the public-at-large.
(b) The remaining four members of the authority are:
(i) the executive director of the Department of Environmental Quality;
(ii) the executive director of the Department of Community and Economic Development;
(iii) the executive director of the Department of Natural Resources; and
(iv) the executive director of the Department of Transportation.
(2) Public-at-large members, no more than three of whom shall be from the same political
party, shall be appointed to six-year terms of office, subject to removal by the governor with or
without cause.
(3) The governor shall name one public-at-large member as chairman of the authority
responsible for the call and conduct of authority meetings.
(4) The authority may elect other officers as necessary.
(5) Five members of the authority present at a properly noticed meeting constitute a quorum
for the transaction of official authority business.
(6) Public-at-large members are entitled to per diem and expenses for each day devoted to
authority business at the rates established by the director of the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
Section 20.
Section
19-1-104
is amended to read:
19-1-104. Creation of department -- Appointment of executive director.
(1) There is created within state government the Department of Environmental Quality. The
department shall be administered by an executive director.
(2) The executive director shall be appointed by the governor with the [advice and] consent
of the Senate and shall serve at the pleasure of the governor.
(3) The executive director shall have demonstrated the necessary administrative and
professional ability through education and experience to efficiently and effectively manage the
- 26 -
department's affairs.
(4) The Legislature shall fix the compensation of the executive director in accordance with
Title 67, Chapter 22, State Officer Compensation.
Section 21.
Section
19-2-103
is amended to read:
19-2-103. Members of board -- Appointment -- Terms -- Organization -- Per diem and
expenses.
(1) The board comprises 11 members, one of whom shall be the executive director and ten
of whom shall be appointed by the governor with the [advice and] consent of the Senate.
(2) The members shall be knowledgeable of air pollution matters and shall be:
(a) a practicing physician and surgeon licensed in the state not connected with industry;
(b) a registered professional engineer who is not from industry;
(c) a representative from municipal government;
(d) a representative from county government;
(e) a representative from agriculture;
(f) a representative from the mining industry;
(g) a representative from manufacturing;
(h) a representative from the fuel industry; and
(i) two representatives of the public not representing or connected with industry, at least one
of whom represents organized environmental interests.
(3) No more than five of the appointed members shall belong to the same political party.
(4) The majority of the members may not derive any significant portion of their income from
persons subject to permits or orders under this chapter. Any potential conflict of interest of any
member or the executive secretary, relevant to the interests of the board, shall be adequately
disclosed.
(5) Members serving on the Air Conservation Committee created by Chapter 126, Laws of
Utah 1981, as amended, shall serve as members of the board throughout the terms for which they
were appointed.
(6) (a) Except as required by Subsection (6)(b), members shall be appointed for a term of four
- 27 -
years.
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(7) Members may serve more than one term.
(8) Members shall hold office until the expiration of their terms and until their successors
are appointed, but not more than 90 days after the expiration of their terms.
(9) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(10) The board shall elect annually a chair and a vice chair from its members.
(11) (a) The board shall meet at least quarterly, and special meetings may be called by the
chair upon his own initiative, upon the request of the executive secretary, or upon the request of three
members of the board.
(b) Three days' notice shall be given to each member of the board prior to any meeting.
(12) Six members constitute a quorum at any meeting, and the action of a majority of
members present is the action of the board.
(13) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
- 28 -
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 22.
Section
19-3-103
is amended to read:
19-3-103. Radiation Control Board -- Members -- Organization -- Meetings -- Per diem
and expenses.
(1) The board created under Section
19-1-106
comprises 11 members, one of whom shall
be the executive director, or his designee, and the remainder of whom shall be appointed by the
governor[,] with the [advice and] consent of the Senate.
(2) No more than five appointed members shall be from the same political party.
(3) The appointed members shall be knowledgeable about radiation protection and shall be
as follows:
(a) one physician;
(b) one dentist;
(c) one health physicist or other professional employed in the field of radiation safety;
(d) two representatives of regulated industry, at least one of whom represents the radioactive
waste management industry;
(e) one registrant or licensee representative from academia;
(f) one representative of a local health department;
(g) one elected county official; and
(h) two members of the general public, at least one of whom represents organized
environmental interests.
(4) (a) Except as required by Subsection (4)(b), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
- 29 -
members are staggered so that approximately half of the board is appointed every two years.
(5) Each board member is eligible for reappointment to more than one term.
(6) Each board member shall continue in office until the expiration of his term and until a
successor is appointed, but not more than 90 days after the expiration of his term.
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, after considering recommendations by the
department and with the consent of the Senate.
(8) The board shall annually elect a chair and vice chair from its members.
(9) The board shall meet at least quarterly. Other meetings may be called by the chair, by
the executive secretary, or upon the request of three members of the board.
(10) Reasonable notice shall be given each member of the board prior to any meeting.
(11) Six members constitute a quorum. The action of a majority of the members present is
the action of the board.
(12) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
- 30 -
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 23.
Section
19-4-103
is amended to read:
19-4-103. Drinking Water Board -- Members -- Organization -- Meetings -- Per diem
and expenses.
(1) The board created under Section
19-1-106
comprises 11 members, one of whom is the
executive director and the remainder of whom shall be appointed by the governor[,] with the [advice
and] consent of the Senate.
(2) No more than five appointed members shall be from the same political party.
(3) The appointed members shall be knowledgeable about drinking water and public water
systems and shall represent different geographical areas within the state insofar as practicable.
(4) The ten appointed members shall be appointed from the following areas:
(a) two elected officials of municipal government or their representatives involved in
management or operation of public water systems;
(b) two representatives of improvement districts, water conservancy districts, or metropolitan
water districts;
(c) one representative from an industry which manages or operates a public water system;
(d) one registered professional engineer with expertise in civil or sanitary engineering;
(e) one representative from the state water research community or from an institution of
higher education which has comparable expertise in water research;
(f) two representatives of the public who do not represent other interests named in this
section and who do not receive, and have not received during the past two years, a significant portion
of their income, directly or indirectly, from suppliers; and
(g) one representative from a local health department.
(5) (a) Members of the Utah Safe Drinking Water Committee created by Chapter 126, Laws
of Utah 1981, shall serve as members of the board throughout the terms for which they were
appointed.
(b) Except as required by Subsection (5)(c), as terms of current board members expire, the
- 31 -
governor shall appoint each new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (5)(b), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) Each member holds office until the expiration of the member's term, and until a
successor is appointed, but not for more than 90 days after the expiration of the term.
(8) The board shall elect annually a chair and a vice chair from its members.
(9) (a) The board shall meet at least quarterly.
(b) Special meetings may be called by the chair upon his own initiative, upon the request of
the executive secretary, or upon the request of three members of the board.
(c) Reasonable notice shall be given each member of the board prior to any meeting.
(10) Six members constitute a quorum at any meeting and the action of the majority of the
members present is the action of the board.
(11) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
- 32 -
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Local government members may decline to receive per diem and expenses for their
service.
Section 24.
Section
19-5-103
is amended to read:
19-5-103. Water Quality Board -- Members of board -- Appointment -- Terms --
Organization -- Meetings -- Per diem and expenses.
(1) Committee members currently serving on the Water Pollution Control Committee created
under Chapter 126, Laws of Utah 1981, shall serve on the board throughout the terms for which they
were appointed.
(2) The board comprises the executive director and ten members appointed by the
governor[,] with the [advice and] consent of the Senate.
(3) No more than five of the appointed members may be from the same political party.
(4) The appointed members, insofar as practicable, shall include the following:
(a) one member representing the mineral industries;
(b) one member representing the food processing industries;
(c) one member representing other manufacturing industries;
(d) two members who are officials of municipal government or their representatives involved
in the management or operation of wastewater treatment facilities;
(e) one member representing agricultural and livestock interests;
(f) one member representing fish, wildlife, and recreation interests;
(g) one member representing improvement and service districts; and
(h) two members at large, one of whom represents organized environmental interests,
selected with due consideration of the areas of the state affected by water pollution and not
representing other interests named in this Subsection (4).
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term with the [advice and] consent of the Senate.
(6) (a) Except as required by Subsection (6)(b), members shall be appointed for terms of four
- 33 -
years and are eligible for reappointment.
(b) Notwithstanding the requirements of Subsection (6)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(7) Members shall hold office until the expiration of their terms and until their successors
are appointed, not to exceed 90 days after the formal expiration of their terms.
(8) The board shall:
(a) organize and annually select one of its members as chair and one of its members as vice
chair;
(b) hold at least four regular meetings each calendar year; and
(c) keep minutes of its proceedings which shall be open to the public for inspection.
(9) Special meetings may be called by the chair and must be called by him upon the request
of three or more members of the board.
(10) Each member of the board and the executive secretary shall be notified of the time and
place of each meeting.
(11) Six members of the board constitute a quorum for the transaction of business, and the
action of a majority of members present is the action of the board.
(12) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
(c) Local government members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(d) Local government members may decline to receive per diem and expenses for their
service.
Section 25.
Section
19-6-103
is amended to read:
- 34 -
19-6-103. Solid and Hazardous Waste Control Board -- Members -- Terms --
Organization -- Meetings -- Per diem and expenses.
(1) The Solid and Hazardous Waste Control Board created by Section
19-1-106
comprises
the executive director and 12 members appointed by the governor with the [advice and] consent of
the Senate.
(2) The appointed members shall be knowledgeable about solid and hazardous waste matters
and consist of:
(a) one representative of municipal government;
(b) one representative of county government;
(c) one representative of the manufacturing or fuel industry;
(d) one representative of the mining industry;
(e) one representative of the private solid waste disposal or solid waste recovery industry;
(f) one registered professional engineer;
(g) one representative of a local health department;
(h) one representative of the hazardous waste disposal industry; and
(i) four representatives of the public, at least one of whom is a representative of organized
environmental interests.
(3) Not more than six of the appointed members may be from the same political party.
(4) (a) Except as required by Subsection (4)(b), members shall be appointed for terms of four
years each.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(5) Each member is eligible for reappointment.
(6) Board members shall continue in office until the expiration of their terms and until their
successors are appointed, but not more than 90 days after the expiration of their terms.
(7) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, after considering recommendations of the board
- 35 -
and with the consent of the Senate.
(8) The board shall elect a chair and vice chair on or before April 1 of each year from its
membership.
(9) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.
(10) (a) The board shall hold a meeting at least once every three months including one
meeting during each annual general session of the Legislature.
(b) Meetings shall be held on the call of the chair, the executive secretary, or any three of
the members.
(11) Seven members constitute a quorum at any meeting, and the action of the majority of
members present is the action of the board.
Section 26.
Section
23-14-2
is amended to read:
23-14-2. Wildlife Board -- Creation -- Membership -- Terms -- Quorum -- Meetings
-- Per diem and expenses.
(1) There is created a Wildlife Board which shall consist of seven members appointed by
the governor with the consent of the Senate.
(2) (a) The members of the board shall have expertise or experience in at least one of the
- 36 -
following areas:
(i) wildlife management or biology;
(ii) habitat management, including range or aquatic;
(iii) business, including knowledge of private land issues; and
(iv) economics, including knowledge of recreational wildlife uses.
(b) Each of the areas of expertise under Subsection (2)(a) shall be represented by at least one
member of the Wildlife Board.
(3) (a) The governor shall select each board member from a list of nominees submitted by
the nominating committee pursuant to Section
23-14-2.5
.
(b) No more than two members shall be from a single wildlife region described in
Subsection
23-14-2.6
(1).
(c) The governor may request an additional list of at least two nominees from the nominating
committee if the initial list of nominees for a given position is unacceptable.
(d) (i) If the governor fails to appoint a board member within 60 days after receipt of the
initial or additional list, the nominating committee shall make an interim appointment by majority
vote.
(ii) The interim board member shall serve until the matter is resolved by the committee and
the governor or until the board member is replaced pursuant to this chapter.
[(e) Each appointment shall be confirmed by the Senate.]
(4) (a) Except as required by Subsection (4)(b), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a six-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that:
(i) the terms of board members are staggered so that approximately 1/3 of the board is
appointed every two years; and
(ii) members serving from the same region have staggered terms.
(c) If a vacancy occurs, the nominating committee shall submit two names, as provided in
Subsection
23-14-2.5
(4), to the governor and the governor shall appoint a replacement for the
- 37 -
unexpired term.
(d) Board members may serve only one term unless:
(i) the member is among the first board members appointed to serve four years or less; or
(ii) the member filled a vacancy under Subsection (4)(c) for four years or less.
(5) (a) The board shall elect a chair and a vice chair from its membership.
(b) Four members of the board shall constitute a quorum.
(c) The director of the Division of Wildlife Resources shall act as secretary to the board but
shall not be a voting member of the board.
(6) (a) The Wildlife Board shall hold a sufficient number of public meetings each year to
expeditiously conduct its business.
(b) Meetings may be called by the chair upon five days notice or upon shorter notice in
emergency situations.
(c) Meetings may be held at the Salt Lake City office of the Division of Wildlife Resources
or elsewhere as determined by the Wildlife Board.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(8) (a) The members of the Wildlife Board shall complete an orientation course to assist
them in the performance of the duties of their office.
(b) The Department of Natural Resources shall provide the course required under Subsection
- 38 -
(8)(a).
Section 27.
Section
26-1-8
is amended to read:
26-1-8. Executive director -- Appointment -- Compensation.
The chief administrative officer of the department is the executive director who shall be
appointed by the governor with the [advice and] consent of the Senate. The executive director shall
serve at the pleasure of the governor. The governor shall establish the executive director's salary
within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 28.
Section
26-33a-103
is amended to read:
26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
(1) The Health Data Committee created by Section
26-1-7
shall be composed of 13 members
appointed by the governor [and confirmed by] with the consent of the Senate.
(2) No more than seven members of the committee may be members of the same political
party.
(3) The appointed members of the committee shall be knowledgeable regarding the health
care system and the characteristics and use of health data and shall be selected so that the committee
at all times includes individuals who provide care.
(4) The membership of the committee shall be:
(a) one person employed by or otherwise associated with a hospital as defined by Section
26-21-2
;
(b) one physician, as defined in Section
58-67-102
, licensed to practice in this state, who
spends the majority of his time in the practice of medicine in this state;
(c) one registered nurse licensed to practice in this state under Title 58, Chapter 31b, Nurse
Practice Act;
(d) three persons employed by or otherwise associated with a business that supplies health
care insurance to its employees, at least one of whom represents an employer employing 50 or fewer
employees;
(e) one person employed by or associated with a third-party payor that is not licensed under
Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;
- 39 -
(f) two consumer representatives from organized consumer or employee associations;
(g) one person broadly representative of the public interest;
(h) one person employed by or associated with an organization that is licensed under Title
31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
(i) two people representing public health.
(5) (a) Except as required by Subsection (5)(b), as terms of current committee members
expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of committee
members are staggered so that approximately half of the committee is appointed every two years.
(c) Members may serve after their terms expire until replaced.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) Committee members shall annually elect a chair of the committee from among their
membership.
(8) The committee shall meet at least once during each calendar quarter. Meeting dates shall
be set by the chair upon ten working days notice to the other members, or upon written request by
at least four committee members with at least ten working days notice to other committee members.
(9) Seven committee members constitute a quorum for the transaction of business. Action
may not be taken except upon the affirmative vote of a majority of a quorum of the committee.
(10) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
- 40 -
Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(11) All meetings of the committee shall be open to the public, except that the committee
may hold a closed meeting if the requirements of Sections
52-4-4
and
52-4-5
are met.
Section 29.
Section
31A-2-102
is amended to read:
31A-2-102. Appointment, general powers, and duties of commissioner -- Temporary
acting commissioner -- Compensation of commissioner.
(1) The chief officer of the department is the insurance commissioner, who may exercise all
powers given to, and shall perform all duties imposed on, the Insurance Department. He shall be
appointed by the governor[,] with the [advice and] consent of the Senate. If the commissioner dies,
resigns, or is removed, a successor may be appointed as specified in this subsection. If the
Legislature is not then in session, the successor may serve as acting commissioner without
[confirmation] consent until the Senate has an opportunity to [confirm or reject] consent to the
successor. The commissioner is subject to removal at the pleasure of the governor.
(2) When the office of the commissioner is vacant, or when the commissioner is unable to
perform the duties of the office, the governor [may name a temporary acting commissioner who is
then subject to all the laws applicable to the commissioner] shall fill the position as provided in
Section
67-1-1.5
.
(3) The governor shall establish the commissioner's salary within the salary range approved
by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 30.
Section
31A-29-104
is amended to read:
31A-29-104. Creation of pool -- Board of directors -- Appointment -- Terms -- Quorum
-- Plan preparation.
(1) There is created the "Utah Comprehensive Health Insurance Pool," a nonprofit entity
within the Insurance Department.
(2) The pool shall be under the direction of a board of directors composed of 11 members.
(a) The governor shall appoint the directors with the [advice and] consent of the Senate as
- 41 -
follows:
(i) two representatives of health insurance companies or health service organizations;
(ii) one representative of a health maintenance organization;
(iii) one physician;
(iv) one representative of hospitals;
(v) one representative of the general public who is reasonably expected to qualify for
coverage under the pool;
(vi) one parent or spouse of such an individual;
(vii) one representative of the general public; and
(viii) one representative of employers.
(b) The board shall also include:
(i) the commissioner or his designee; and
(ii) the executive director of the Department of Health or his designee.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term in the same manner as the original appointment was made.
(5) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
from the Pool Fund.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the pool at the rates established by the Division of Finance
- 42 -
under Sections
63A-3-106
and
63A-3-107
.
(ii) A state government member who is a member because of their state government position
may not receive per diem or expenses for their service.
(iii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(6) The board shall elect annually a chair and vice chair from its membership.
(7) Seven board members are a quorum for the transaction of business.
(8) The action of a majority of the members of the quorum is the action of the board.
(9) The board shall submit a plan of operation to the commissioner no later than January 1,
1991.
(10) The sale of policies under this chapter shall commence on July 1, 1991, or as soon
thereafter as adequate funding for the coverage is available as determined by the commissioner.
Section 31.
Section
31A-33-106
is amended to read:
31A-33-106. Board of directors.
(1) There is created a board of directors of the Workers' Compensation Fund.
(2) The board shall consist of seven directors.
(3) One of the directors shall be the executive director of the Department of Administrative
Services or his designee.
(4) One of the directors shall be the chief executive officer of the fund.
(5) The governor, with the [advice and] consent of the Senate, shall appoint:
(a) three directors who are owners, officers, or employees of policyholders other than the
state that have been insured by the Workers' Compensation Fund for at least one year before their
appointment; and
(b) two directors from the public in general.
(6) No two directors may represent the same policyholder.
(7) At least four directors appointed by the governor shall have had previous experience in
investments, risk management, occupational safety, casualty insurance, or law.
(8) Any director who represents a policyholder that fails to maintain workers' compensation
- 43 -
insurance through the Workers' Compensation Fund shall immediately resign from the board.
(9) A person may not be a director if he:
(a) has any interest as a stockholder, employee, attorney, or contractor of a competing
insurance carrier providing workers' compensation insurance in Utah;
(b) fails to meet or comply with the conflict of interest policies established by the board; or
(c) is not bondable.
(10) After notice and a hearing, the governor may remove any director for neglect of duty,
inefficiency, or malfeasance.
(11) (a) Except as required by Subsection (11)(b), the term of office of the directors
appointed by the governor shall be four years, beginning July 1 of the year of appointment.
(b) Notwithstanding the requirements of Subsection (11)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(12) Each director shall hold office until his successor is appointed and qualified.
(13) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(14) The board shall annually elect a chair and other officers as needed from its membership.
(15) The board shall meet at least quarterly at a time and place designated by the chair.
(16) The chair may call board meetings more frequently than quarterly and shall call
additional board meetings if requested to do so by a majority of the board.
(17) Four directors are a quorum for the purpose of transacting all business of the board.
(18) Each decision of the board requires the affirmative vote of at least four directors for
approval.
(19) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(b) Members may decline to receive per diem and expenses for their service.
(20) The fund shall pay the per diem allowance and expenses from the Injury Fund upon
- 44 -
vouchers drawn in the same manner as the Workers' Compensation Fund pays its normal operating
expenses.
(21) The executive director of the Department of Administrative Services, or his designee,
and the chief executive officer of the Workers' Compensation Fund shall serve on the board without
a per diem allowance.
Section 32.
Section
34-20-3
is amended to read:
34-20-3. Labor relations board.
(1) (a) There is created the Labor Relations Board consisting of the following:
(i) the commissioner of the Labor Commission;
(ii) two members appointed by the governor with the [advice and] consent of the Senate
consisting of:
(A) a representative of employers, in making this appointment the governor shall consider
nominations from employer organizations; and
(B) a representative of employees, in making this appointment the governor shall consider
nominations from employee organizations.
(b) (i) Except as provided in Subsection (1)(b)(ii), as terms of members appointed under
Subsection (1)(a)(ii) expire, the governor shall appoint each new member or reappointed member
to a four-year term.
(ii) Notwithstanding the requirements of Subsection (1)(b)(i), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of members
appointed under Subsection (1)(a)(ii) are staggered so one member is appointed every two years.
(c) The commissioner shall serve as chair of the board.
(d) A vacancy occurring on the board for any cause of the members appointed under
Subsection (1)(a)(ii) shall be filled by the governor with the [advice and] consent of the Senate
pursuant to this section for the unexpired term of the vacating member.
(e) The governor may at any time remove a member appointed under Subsection (1)(a)(ii)
but only for inefficiency, neglect of duty, malfeasance or malfeasance in office, or for cause upon
a hearing.
- 45 -
(f) A member of the board appointed under Subsection (1)(a)(ii) may not hold any other
office in the government of the United States, this state or any other state, or of any county
government or municipal corporation within a state.
(g) (i) (A) A member appointed under Subsection (1)(a)(ii) may not receive compensation
for the member's services, but may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(B) A member appointed under Subsection (1)(a)(ii) may decline to receive per diem and
expenses for the member's service.
(ii) The commissioner may not receive additional compensation, per diem, or expenses from
the commissioner's service on the board that is in addition to the monies received as commissioner.
(2) A meeting of the board may be called:
(a) by the chair; or
(b) jointly by the members appointed under Subsection (1)(a)(ii).
(3) The chair may provide staff and administrative support as necessary from the Labor
Commission.
(4) A vacancy in the board shall not impair the right of the remaining members to exercise
all the powers of the board, and two members of the board shall at all times constitute a quorum.
(5) The board shall have an official seal which shall be judicially noticed.
Section 33.
Section
34A-1-201
is amended to read:
34A-1-201. Commissioner -- Appointment -- Removal -- Compensation --
Qualifications -- Responsibilities -- Reports.
(1) (a) The chief administrative officer of the commission is the commissioner, who shall
be appointed by the governor with the [advice and] consent of the Senate.
(b) The commissioner shall serve at the pleasure of the governor.
(c) The commissioner shall receive a salary established by the governor within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The commissioner shall be experienced in administration, management, and coordination
- 46 -
of complex organizations.
(2) (a) The commissioner shall serve full-time.
(b) (i) Except as provided in Subsection (2)(b)(ii), the commissioner may not:
(A) hold any other office of this state, another state, or the federal government except in an
ex officio capacity; or
(B) serve on any committee of any political party.
(ii) Notwithstanding Subsection (2)(b)(i), the commissioner may:
(A) hold a nominal position or title if it is required by law as a condition for the state
participating in an appropriation or allotment of any money, property, or service that may be made
or allotted for the commission; or
(B) serve as the chief administrative officer of any division, office, or bureau that is
established within the commission.
(iii) If the commissioner holds a position as permitted under Subsection (2)(b)(ii), the
commissioner may not be paid any additional compensation for holding the position.
(3) (a) Before beginning the duties as a commissioner, an appointed commissioner shall:
(i) take and subscribe the constitutional oath of office, and file the oath with the Division
of Archives; and
(ii) give a corporate surety bond in the amount in form determined by the Division of
Finance.
(b) An employee of the commission receiving or disbursing funds of the state shall give
corporate surety determined by the Division of Finance.
(c) The bond premiums for bonds required under this Subsection (3) shall be paid by the
state.
(4) The commissioner shall:
(a) administer and supervise the commission in compliance with Title 67, Chapter 19, Utah
State Personnel Management Act;
(b) approve the proposed budget of each division and the Appeals Board;
(c) approve all applications for federal grants or assistance in support of any commission
- 47 -
program; and
(d) fulfill such other duties as assigned by the Legislature or as assigned by the governor that
are not inconsistent with this title or Title 34, Labor in General.
(5) (a) The commissioner shall report annually to the Legislature and the governor
concerning the operations of the commission and the programs that the commission administers.
(b) If federal law requires that a report to the governor or Legislature be given concerning
the commission or a program administered by the commission, the commissioner or the
commissioner's designee shall make that report.
Section 34.
Section
34A-1-205
is amended to read:
34A-1-205. Appeals Board -- Chair -- Appointment -- Compensation -- Qualifications.
(1) There is created the Appeals Board within the commission consisting of three members.
The board may call and preside at adjudicative proceedings to review an order or decision that is
subject to review by the Appeals Board under this title.
(2) (a) The governor shall appoint the members with the [advice and] consent of the Senate
and in accordance with this section.
(b) One member of the board shall be appointed to represent employers, in making this
appointment, the governor shall consider nominations from employer organizations.
(c) One member of the board shall be appointed to represent employees, in making this
appointment, the governor shall consider nominations from employee organizations.
(d) No more than two members may belong to the same political party.
(3) (a) The term of a member shall be six years beginning on March 1 of the year the member
is appointed, except that the governor shall, at the time of appointment or reappointment, adjust the
length of terms to ensure that the terms of members are staggered so that one member is appointed
every two years.
(b) The governor may remove a member only for inefficiency, neglect of duty, malfeasance
or misfeasance in office, or other good and sufficient cause.
(c) A member shall hold office until a successor is appointed and has qualified.
(4) A member shall be part-time and receive compensation as provided by Title 67, Chapter
- 48 -
19, State Personnel Management Act.
(5) (a) The chief officer of the board shall be the chair, who shall serve as the executive and
administrative head of the board.
(b) The governor shall appoint and may remove at will the chair from the position of chair.
(6) A majority of the board shall constitute a quorum to transact business.
(7)(a) The commission shall provide the Appeals Board necessary staff support, except as
provided in Subsection (7)(b).
(b) At the request of the Appeals Board, the attorney general shall act as an impartial aid to
the Appeals Board in outlining the facts and the issues.
Section 35.
Section
35A-1-201
is amended to read:
35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
Qualifications -- Responsibilities -- Deputy directors -- Reports.
(1) (a) The chief administrative officer of the department is the executive director, who shall
be appointed by the governor with the [advice and] consent of the Senate.
(b) The executive director serves at the pleasure of the governor.
(c) The executive director shall receive a salary established by the governor within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(d) The executive director shall be experienced in administration, management, and
coordination of complex organizations.
(2) The executive director shall:
(a) administer and supervise the department in compliance with Title 67, Chapter 19, Utah
State Personnel Management Act;
(b) supervise and coordinate between the regional workforce services areas and regional
directors created under Chapter 2, Regional Workforce Services Areas;
(c) coordinate policies and program activities conducted through the divisions and regional
workforce services areas of the department;
(d) approve the proposed budget of each division, the Workforce Appeals Board, and each
regional workforce services area within the department;
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(e) approve all applications for federal grants or assistance in support of any department
program; and
(f) fulfill such other duties as assigned by the Legislature or as assigned by the governor that
are not inconsistent with this title.
(3) The executive director may appoint deputy or assistant directors to assist the executive
director in carrying out the department's responsibilities.
(4) (a) The executive director shall report annually to the Legislature and the governor
concerning the operations of the department and the programs that the department administers.
(b) If federal law requires that a report to the governor or Legislature be given concerning
the department or a program administered by the department, the executive director or the executive
director's designee shall make that report.
(5) The executive director shall at least annually provide for the sharing of information
between the advisory councils established under this title.
Section 36.
Section
40-6-4
is amended to read:
40-6-4. Board of Oil, Gas and Mining created -- Functions -- Appointment of members
-- Terms -- Chair -- Quorum -- Expenses.
(1) There is created within the Department of Natural Resources the Board of Oil, Gas and
Mining. The board shall be the policy making body for the Division of Oil, Gas and Mining.
(2) The board shall consist of seven members appointed by the governor[,] with the [advice
and] consent of the Senate. No more than four members shall be from the same political party. The
members shall have the following qualifications:
(a) two members knowledgeable in mining matters;
(b) two members knowledgeable in oil and gas matters;
(c) one member knowledgeable in ecological and environmental matters;
(d) one member who is a private land owner, owns a mineral or royalty interest and is
knowledgeable in those interests; and
(e) one member who is knowledgeable in geological matters.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members expire,
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the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor[,] with the [advice and] consent of the Senate.
(b) The person appointed shall have the same qualifications as his predecessor.
(5) The board shall appoint its chair from the membership. Four members of the board shall
constitute a quorum for the transaction of business and the holding of hearings.
(6) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the board at the rates established by the Division of Finance
under Sections
63A-3-106
and
63A-3-107
.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
Section 37.
Section
49-1-202
is amended to read:
49-1-202. Establishment of Utah State Retirement Board -- Quorum -- Terms --
Officers -- Expenses and per diem -- Membership Council established.
(1) There is established the Utah State Retirement Board composed of seven members
determined as follows:
(a) Four members, with experience in investments or banking, shall be appointed by the
governor from the general public.
(b) One member shall be a school employee appointed by the governor from at least three
- 51 -
nominations submitted by the governing board of a school employees' association representative of
a majority of the school employees who are members of the school employees' retirement system.
(c) One member shall be a public employee appointed by the governor from at least three
nominations submitted by the governing board of a public employee association representative of
a majority of the public employees who are members of the public employees' retirement system.
(d) One member shall be the state treasurer, who shall serve as an ex officio member with
full voting privileges.
(2) Four members constitute a quorum for the purpose of doing all business.
(3) (a) All appointments to the board shall be made on a nonpartisan basis, with the [advice
and] consent of the Senate.
(b) Members shall serve until their successors are appointed and take the constitutional oath
of office.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) Members appointed to the board between sessions of the Legislature shall serve with full
authority until acted upon by the Senate in session.
(4) (a) Except as required by Subsection (4)(b), all appointed members shall serve for
four-year terms.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) Public employees or educators who retire or otherwise terminate their employment with
a covered unit shall immediately resign from the board.
(5) Each year the board shall elect a president and vice president from its membership. Each
member shall be reimbursed for expenses incurred in service to the board. Each member shall
receive a per diem plus travel expenses provided by law for attending board meetings.
(6) The board shall establish a membership council to advise and counsel with the board and
the director on policies affecting members of the various systems administered by the retirement
- 52 -
office. The board may pay the travel expenses of members who attend council meetings.
(7) Beginning July 1, 1991, the membership council shall be composed of 13 members
selected as follows:
(a) Three members shall be school employees selected by the governing board of an
association representative of a majority of school employees who are members of the Public
Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
(b) One member shall be a classified school employee selected by the governing board of
an association representative of a majority of classified school employees who are members of the
Public Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
(c) Two members shall be public employees selected by the governing board of an
association representative of a majority of the public employees who are members of the Public
Employees' Retirement System or the Public Employees' Noncontributory Retirement System.
(d) One member shall be a city or town officer or employee selected by the governing board
of an association representative of the cities and towns who are members of the Public Employees'
Retirement System or the Public Employees' Noncontributory Retirement System.
(e) One member shall be a county officer or employee selected by the governing board of
an association representative of counties who are members of the Public Employees' Retirement
System or the Public Employees' Noncontributory Retirement System.
(f) One member shall be a representative of members of the Judges' Retirement System
selected by the Judicial Council.
(g) One member shall be a representative of members of the Public Safety Retirement
System selected by the governing board of an association representative of the majority of peace
officers who are members of the Public Safety Retirement System.
(h) One member shall be a representative of members of the Firefighters' Retirement System
selected by the governing board of an association representative of the majority of paid professional
firefighters who are members of the Firefighters' Retirement System.
(i) One member shall be a retired member selected by the Utah Association of Retired Public
Employees.
- 53 -
(j) One member shall be a retired member selected by the Utah Retired School Employees'
Association.
(8) (a) Members shall be appointed as provided for in Subsection (7).
(b) Except as required by Subsection (8)(c), as terms of current council members expire, the
board shall appoint each new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (8)(b), the board shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of council members
are staggered so that approximately half of the council is appointed every two years.
(d) Each term expires on June 30 in the year of expiration.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(9) The council shall designate one council member as chair annually.
(10) The council shall:
(a) recommend benefits and policies for members of any system administered by the board
to the board and to the Legislature;
(b) recommend procedures and practices to improve the administration of the system and
the public employee relations responsibilities of the board and office;
(c) examine the record of all decisions affecting retirement benefits;
(d) submit nominations to the board for the position of executive director if that position is
vacant; and
(e) act upon all other duties assigned to it by the board.
Section 38.
Section
51-7-16
is amended to read:
51-7-16. State Money Management Council -- Members -- Terms -- Vacancies -- Chair
and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure of interests
-- Per diem and expenses.
(1) (a) There is created a State Money Management Council composed of five members
appointed by the governor after consultation with the state treasurer and with the [advice and]
consent of the Senate.
- 54 -
(b) The members of the council shall be qualified by training and experience in the field of
investment or finance as follows:
(i) at least one member, but not more than two members, shall be experienced in the banking
business;
(ii) at least one member, but not more than two members, shall be an elected treasurer;
(iii) at least one member, but not more than two members, shall be an appointed public
treasurer; and
(iv) two members, but not more than two members, shall be experienced in the field of
investment.
(c) No more than three members of the council may be from the same political party.
(2) (a) Except as required by Subsection (2)(b), the council members shall be appointed for
terms of four years.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of council
members are staggered so that approximately half of the council is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(d) All members shall serve until their successors are appointed and qualified.
(3) (a) The council members shall elect a chair and vice chair.
(b) The state treasurer shall serve as executive secretary of the council without vote.
(4) (a) The council shall meet at least once per quarter at a regular date to be fixed by the
council and at other times at the call of the chair, the state treasurer, or any two members of the