UT
Utah House Bill HB0412

Utah 2025 Regular Session

Utah House Bill HB0412 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 412
1+03-07 14:50 4th Sub. (Green) H.B. 412
2+Luz Escamilla proposes the following substitute bill:
23 1
34 Boards and Commissions Revisions
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Jefferson S. Burton
78 Senate Sponsor: Calvin R. Musselman
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill amends provisions related to membership on a board, commission, committee, or
1617 6
1718 council (board).
1819 7
1920 Highlighted Provisions:
2021 8
2122 This bill:
2223 9
23-▸ eliminates requirements providing that no more than a certain number of members of
24+▸ eliminates the requirement that no more than a certain number of members of certain
2425 10
25-certain boards may be affiliated with or a member of the same political party;
26+county and municipal boards may be a member of the same political party;
2627 11
28+▸ for certain executive boards in which the governor is prohibited from appointing more
29+12
30+than a certain number of members who are members of the same political party,
31+13
32+authorizes the governor to appoint more than that number if the governor first consults
33+14
34+with the minority leaders of the House of Representatives and the Senate;
35+15
2736 ▸ modifies appointment provisions and removes members who are legislators from certain
28-12
29-boards; and
30-13
37+16
38+boards;
39+17
40+▸ includes a coordination clause merging changes made to Section 63H-8-201 in this bill
41+18
42+and in H.B. 360, Housing Attainability Amendments, if both bills pass and become law;
43+19
44+and
45+20
3146 ▸ makes technical and conforming changes.
32-14
47+21
3348 Money Appropriated in this Bill:
34-15
49+22
3550 None
36-16
51+23
3752 Other Special Clauses:
38-17
39-None
40-18
53+24
54+This bill provides a coordination clause.
55+25
4156 Utah Code Sections Affected:
42-19
57+26
4358 AMENDS:
44-20
59+27
4560 9-9-112, as last amended by Laws of Utah 2022, Chapter 68
46-21
61+28
4762 9-20-201, as last amended by Laws of Utah 2024, Chapter 323
48-22
63+4th Sub. H.B. 412 4th Sub. (Green) H.B. 412 03-07 14:50
64+29
4965 10-3-1004, as last amended by Laws of Utah 2010, Chapter 378
50-23
66+30
5167 17-28-2, as last amended by Laws of Utah 2002, Chapter 158
52-24
68+31
5369 17-30-3, as last amended by Laws of Utah 2023, Chapter 15
54-25
70+32
5571 17-30a-202, as enacted by Laws of Utah 2014, Chapter 366
56-26
72+33
5773 19-2-103, as last amended by Laws of Utah 2024, Chapter 529
58-27
74+34
5975 19-4-103, as last amended by Laws of Utah 2024, Chapter 529
60-28
61-19-5-103, as last amended by Laws of Utah 2024, Chapter 529 H.B. 412 Enrolled Copy
62-29
76+35
77+19-5-103, as last amended by Laws of Utah 2024, Chapter 529
78+36
6379 19-6-103, as last amended by Laws of Utah 2020, Chapters 352, 373
64-30
80+37
6581 26B-1-426, as last amended by Laws of Utah 2024, Chapter 529
66-31
82+38
6783 32B-2-201, as last amended by Laws of Utah 2022, Chapter 447
68-32
84+39
6985 34A-1-205, as last amended by Laws of Utah 2021, Chapter 345
70-33
86+40
7187 35A-1-205, as last amended by Laws of Utah 2021, Chapter 344
72-34
88+41
7389 35A-1-206, as last amended by Laws of Utah 2020, Chapter 365
74-35
90+42
7591 36-2-4, as last amended by Laws of Utah 2021, Chapter 382
76-36
92+43
7793 40-6-4, as last amended by Laws of Utah 2024, Chapter 529
78-37
94+44
7995 51-7-16, as last amended by Laws of Utah 2024, Chapter 529
80-38
96+45
8197 53B-34-110, as enacted by Laws of Utah 2024, Chapter 378
82-39
98+46
8399 54-10a-202, as last amended by Laws of Utah 2020, Chapter 154
84-40
100+47
85101 63H-8-201, as last amended by Laws of Utah 2024, Chapter 443
86-41
102+48
87103 63M-15-201, as enacted by Laws of Utah 2021, Chapter 91
88-42
104+49
89105 63N-7-201, as last amended by Laws of Utah 2024, Chapter 529
90-43
106+50
107+67-1-2.5, as last amended by Laws of Utah 2024, Chapter 533
108+51
91109 67-8-4, as last amended by Laws of Utah 2020, Chapter 432
92-44
110+52
93111 73-10-2, as last amended by Laws of Utah 2023, Chapter 205
94-45
112+53
95113 78A-12-201, as last amended by Laws of Utah 2022, Chapter 11
96-46
114+54
97115 79-3-302, as last amended by Laws of Utah 2020, Chapters 352, 373
98-47
116+55
117+Utah Code Sections affected by Coordination Clause:
118+56
99119
100-48
120+57
101121 Be it enacted by the Legislature of the state of Utah:
102-49
122+58
103123 Section 1. Section 9-9-112 is amended to read:
104-50
124+59
105125 9-9-112 . Bears Ears Visitor Center Advisory Committee.
106-51
126+60
107127 (1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the Hopi
108-52
128+61
109129 Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an
110-53
130+62
111131 advisory committee for the purpose of exploring the feasibility, location, functions, and
112-54
132+- 2 - 03-07 14:50 4th Sub. (Green) H.B. 412
133+63
113134 other important matters surrounding the creation of a visitor center at Bears Ears.
114-55
135+64
115136 (2) As used in this section:
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137+65
117138 (a) "Advisory committee" means the Bears Ears Visitor Center Advisory Committee
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139+66
119140 created by this section.
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141+67
121142 (b) "Bears Ears" means the Bears Ears National Monument.
122-59
143+68
123144 (3)(a) Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center
124-60
145+69
125146 Advisory Committee consisting of the following [eight ] voting members:
126-61
147+70
127148 [(i) five voting members as follows:]
128-62
149+71
129150 [(A)] (i) a representative of the Navajo Nation, appointed by the Navajo Nation;
130-- 2 - Enrolled Copy H.B. 412
131-63
151+72
132152 [(B)] (ii) a representative of the Ute Mountain Ute Tribe, appointed by the Ute
133-64
153+73
134154 Mountain Ute Tribe;
135-65
155+74
136156 [(C)] (iii) a representative of the Hopi Nation, appointed by the Hopi Nation;
137-66
157+75
138158 [(D)] (iv) a representative of the Zuni Tribe, appointed by the Zuni Tribe; and
139-67
159+76
140160 [(E)] (v) a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by
141-68
161+77
142162 the Ute Indian Tribe of the Uintah Ouray[; and] .
143-69
163+78
144164 [(ii) subject to Subsection (4), three nonvoting members as follows:]
145-70
165+79
146166 [(A) one member of the Senate, appointed by the president of the Senate; and]
147-71
167+80
148168 [(B) two members of the House of Representatives, appointed by the speaker of
149-72
169+81
150170 the House of Representatives.]
151-73
171+82
152172 (b) The advisory committee is formed when all of the tribes described in Subsection (1)
153-74
173+83
154174 have communicated to the other tribes and to the Division of Indian Affairs that the
155-75
175+84
156176 tribe has appointed a member to the advisory committee.
157-76
177+85
158178 (c)(i) The president of the Senate and the speaker of the House of Representatives
159-77
179+86
160180 may each appoint to the advisory committee one nonvoting individual.
161-78
181+87
162182 (ii) If an individual appointed under Subsection (3)(c)(i) is a member of the
163-79
183+88
164184 Legislature, the member serves as a member of the public and not in the member's
165-80
185+89
166186 legislative capacity.
167-81
187+90
168188 [(4) At least one of the three legislative members appointed under Subsection (3)(a)(ii) shall
169-82
189+91
170190 be from a minority party.]
171-83
191+92
172192 [(5)] (4) The advisory committee may select from the advisory committee members the
173-84
193+93
174194 chair or other officers of the advisory committee.
175-85
195+94
176196 [(6)] (5)(a) If a vacancy occurs in the membership of the advisory committee appointed
177-86
197+95
178198 under Subsection (3), the member shall be replaced in the same manner in which the
179-87
199+96
180200 original appointment was made.
181-88
201+- 3 - 4th Sub. (Green) H.B. 412 03-07 14:50
202+97
182203 (b) A member appointed under Subsection (3) serves until the member's successor is
183-89
204+98
184205 appointed and qualified.
185-90
206+99
186207 [(7)] (6)(a) A majority of the voting members of the advisory committee constitutes a
187-91
208+100
188209 quorum.
189-92
210+101
190211 (b) The action of a majority of a quorum constitutes an action of the advisory committee.
191-93
212+102
192213 [(8)(a) The salary and expenses of an advisory committee member who is a legislator
193-94
214+103
194215 shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5,
195-95
216+104
196217 Legislative Compensation and Expenses.]
197-96
218+105
198219 [(b)] (7) An advisory committee member [who is not a legislator ]may not receive
199-- 3 - H.B. 412 Enrolled Copy
200-97
220+106
201221 compensation or benefits for the member's service on the advisory committee, but may
202-98
222+107
203223 receive per diem and reimbursement for travel expenses incurred as an advisory
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224+108
205225 committee member at the rates established by the Division of Finance under:
206-100
226+109
207227 [(i)] (a) Sections 63A-3-106 and 63A-3-107; and
208-101
228+110
209229 [(ii)] (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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230+111
211231 63A-3-107.
212-103
232+112
213233 [(9)] (8) The advisory committee may invite the United States Forest Service, the Bureau of
214-104
234+113
215235 Land Management, the Division of State Parks, the Division of Outdoor Recreation, and
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236+114
217237 the Utah Office of Tourism within the Governor's Office of Economic Opportunity, to
218-106
238+115
219239 serve as technical advisors to the advisory committee.
220-107
240+116
221241 [(10)] (9) The Division of Indian Affairs shall staff the advisory committee.
222-108
242+117
223243 [(11)] (10) The advisory committee shall study and make recommendations concerning:
224-109
244+118
225245 (a) the need for a visitor center associated with Bears Ears;
226-110
246+119
227247 (b) the feasibility of a visitor center associated with Bears Ears, including investigating:
228-111
248+120
229249 (i) potential locations for the visitor center;
230-112
250+121
231251 (ii) purposes for the visitor center; and
232-113
252+122
233253 (iii) sources of funding to build and maintain the visitor center;
234-114
254+123
235255 (c) whether a visitor center will increase visitorship to Bears Ears; and
236-115
256+124
237257 (d) whether a visitor center at Bears Ears could function as a repository of traditional
238-116
258+125
239259 knowledge and practices.
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260+126
241261 [(12)] (11) The advisory committee may contract with one or more consultants to conduct
242-118
262+127
243263 work related to the issues raised in Subsection [(11)] (10) if the Legislature appropriates
244-119
264+128
245265 money expressly for the purpose of the advisory committee contracting with a consultant.
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266+129
247267 [(13)] (12) The advisory committee shall hold at least one public hearing to obtain public
248-121
268+130
249269 comment on the creation of a Bears Ears visitor center.
250-122
270+- 4 - 03-07 14:50 4th Sub. (Green) H.B. 412
271+131
251272 [(14)] (13) The advisory committee shall report the advisory committee's recommendations
252-123
273+132
253274 to one or more of the following:
254-124
275+133
255276 (a) the Economic Development and Workforce Services Interim Committee;
256-125
277+134
257278 (b) the House Economic Development and Workforce Services Committee; or
258-126
279+135
259280 (c) the Senate Economic Development and Workforce Services Committee.
260-127
281+136
261282 Section 2. Section 9-20-201 is amended to read:
262-128
283+137
263284 9-20-201 . Creation -- Members -- Appointment -- Terms -- Vacancies -- Per
264-129
285+138
265286 diem and expenses.
266-130
287+139
267288 (1) There is created the Utah Commission on Service and Volunteerism consisting of 19
268-- 4 - Enrolled Copy H.B. 412
269-131
289+140
270290 voting members and one nonvoting member.
271-132
291+141
272292 (2) The 19 voting members of the commission are:
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274294 (a) the lieutenant governor;
275-134
295+143
276296 (b) the commissioner of higher education or the commissioner's designee;
277-135
297+144
278298 (c) the state superintendent of public instruction or the superintendent's designee;
279-136
299+145
280300 (d) the executive director of the Department of Cultural and Community Engagement or
281-137
301+146
282302 the executive director's designee;
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303+147
284304 (e) nine members appointed by the governor as follows:
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286306 (i) an individual with expertise in the educational, training, and developmental needs
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307+149
288308 of youth, particularly disadvantaged youth;
289-141
309+150
290310 (ii) an individual with experience in promoting the involvement of older adults in
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311+151
292312 volunteer service;
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313+152
294314 (iii) a representative of a community-based agency or organization within the state;
295-144
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296316 (iv) a representative of local government;
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317+154
298318 (v) a representative of a local labor organization in the state;
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319+155
300320 (vi) a representative of business;
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302322 (vii) an individual between the ages of 16 and 25 years old who participates in a
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304324 volunteer or service program;
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306326 (viii) a representative of a national service program; and
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308328 (ix) a representative of the volunteer sector; and
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310330 (f) six members appointed by the governor from among the following groups:
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312332 (i) local educators;
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314334 (ii) experts in the delivery of human, educational, cultural, environmental, or public
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335+163
316336 safety services to communities and individuals;
317-155
337+164
318338 (iii) representatives of Native American tribes;
319-156
339+- 5 - 4th Sub. (Green) H.B. 412 03-07 14:50
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320341 (iv) representatives of organizations that assist out-of-school youth or other at-risk
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342+166
322343 youth; or
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324345 (v) representatives of entities that receive assistance under the Domestic Volunteer
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326347 Service Act of 1973, 42 U.S.C. 4950 et seq.
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328349 (3) The nonvoting member of the commission is the regional representative of the
329-161
350+170
330351 corporation.
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332-(4)(a) In appointing persons to serve on the commission, the governor shall ensure that[:]
333-163
334-no more than five voting members of the commission are state government
335-164
352+171
353+(4)(a) In appointing persons to serve on the commission, the governor shall ensure that:
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355+(i) except as provided in Subsection 67-1-2.5(15)(a), no more than 10 voting
356+173
357+members of the commission are members of the same political party; and
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359+(ii) no more than five voting members of the commission are state government
360+175
336361 employees.
337-- 5 - H.B. 412 Enrolled Copy
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339-[(i) no more than 10 voting members of the commission are members of the same
340-166
341-political party; and]
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343-[(ii) no more than five voting members of the commission are state government
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345-employees.]
346-169
362+176
347363 (b) In appointing persons to serve on the commission, the governor shall strive for
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349365 balance on the commission according to race, ethnicity, age, gender, disability
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366+178
351367 characteristics, and geography.
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353369 (5)(a) Except as required by Subsection (5)(b), as terms of current commission members
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355371 expire, the governor shall appoint each new member or reappointed member to a
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357373 three-year term.
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359375 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
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361377 time of appointment or reappointment, adjust the length of terms to ensure that the
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363379 terms of commission members are staggered so that approximately one-third of the
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365381 commission is appointed every year.
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367383 (6) When a vacancy occurs in the membership, the replacement shall be appointed for the
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369385 unexpired term.
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371387 (7) A member appointed by the governor may not serve more than two consecutive terms.
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373389 (8) A member may not receive compensation or benefits for the member's service, but may
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375391 receive per diem and travel expenses in accordance with:
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377393 (a) Section 63A-3-106;
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379395 (b) Section 63A-3-107; and
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381397 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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383399 63A-3-107.
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385401 Section 3. Section 10-3-1004 is amended to read:
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387403 10-3-1004 . Qualifications of commissioners -- Salary -- Removal.
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389405 [Not more than two members of the civil service commission shall at any one time
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391407 be of the same political party. ]
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393-(1) No member of the civil service commission shall during [his] the member's tenure of
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395-office hold any other public office, or be a candidate for any other public office.
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408+- 6 - 03-07 14:50 4th Sub. (Green) H.B. 412
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410+(1) No member of the civil service commission shall, during [his] the member's tenure of
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412+office:
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414+(a) hold any other public office[,] ; or
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416+(b) be a candidate for any other public office.
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397418 (2) Each member shall receive $25 for each meeting of the commission which [he] the
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399420 member shall attend, but may not receive more than $100 in any one month.
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401422 (3) In case of misconduct, inability or willful neglect in the performance of the duties of the
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403424 office by any member, the member may be removed from office by the board of city
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405426 commissioners by a majority vote of the entire membership, but the member shall, if [he]
406-- 6 - Enrolled Copy H.B. 412
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408428 the member so desires, have an opportunity to be heard in defense.
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410430 Section 4. Section 17-28-2 is amended to read:
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412432 17-28-2 . Vacancies -- Compensation -- Removal from office.
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414434 (1) Any vacancy occurring on the County Fire Civil Service Council shall be filled by
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416436 appointment by the county executive for the unexpired term.
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418438 [(2) Not more than two members of any council shall at any one time be affiliated with or a
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420440 member of the same political party.]
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422442 [(3)] (2) A member of the council may not hold, during the term of [his] the member's office,
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424444 any other public office or be a candidate for any other public office.
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426446 [(4)] (3)(a) Each council member shall receive $50 for each meeting of the council
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428448 attended by [him] the council member.
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430450 (b) The county legislative body may raise the compensation of [council members as it] a
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432452 council member as the county legislative body considers appropriate.
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434454 (c) [This compensation and allowance] The compensation and allowance described in
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436456 Subsections (3)(a) and (b) shall be a charge against the county and paid monthly.
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438458 [(5)] (4)(a) [In case of misconduct, willful neglect, or inability to perform the duties of
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440460 his office, any council member may be removed from office by the county
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442462 legislative body upon a majority vote of the body, but the member is entitled to an
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444464 opportunity to be heard in his own defense.] In case of misconduct, willful neglect, or
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446466 an inability to perform the duties of the council member's office, a council member
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448468 may be removed from office by the county legislative body upon a majority vote of
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450470 the county legislative body.
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452472 (b) A county legislative body that moves to remove a council member from office under
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454474 Subsection (4)(a) shall provide the council member with the opportunity to be heard
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456476 in the council member's own defense.
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477+- 7 - 4th Sub. (Green) H.B. 412 03-07 14:50
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458479 Section 5. Section 17-30-3 is amended to read:
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460481 17-30-3 . Establishment of merit system commission -- Appointment,
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462483 qualifications, and compensation of members.
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464485 (1)(a) Each county with a population of 20,000 or more shall establish a merit system
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466487 commission consisting of three members appointed as provided in Subsection (1)(b).
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468489 (b)(i) As used in this Subsection (1)(b):
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470491 (A) "Police interlocal entity" means an interlocal entity, as defined in Section
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472493 11-13-103, that is created:
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474495 (I) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to
475-- 7 - H.B. 412 Enrolled Copy
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477497 which a county of the first class is a party; and
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479499 (II) to provide law enforcement service to an area that includes the
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500+244
481501 unincorporated part of the county.
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483503 (B) "Police special district" means a special district, as defined in Section
484-237
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485505 17B-1-102:
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487507 (I) whose creation was initiated by the adoption of a resolution under Section
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489509 17B-1-203 by the legislative body of a county of the first class, alone or
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491511 with one or more other legislative bodies; and
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493513 (II) that is created to provide law enforcement service to an area that includes
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495515 the unincorporated part of the county.
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497517 (ii) For a county in which a police interlocal entity is created, whether or not a police
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518+253
499519 special district is also created in the county:
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501521 (A) two members shall be appointed by the legislative body of the county; and
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503523 (B) one member shall be appointed by the governing body of the interlocal entity.
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505525 (iii) For a county in which a police special district is created but in which a police
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507527 interlocal entity has not been created:
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509529 (A) two members shall be appointed by the legislative body of the county; and
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511531 (B) one member shall be appointed by the board of trustees of the police special
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513533 district.
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515535 (iv) For each other county, all three members shall be appointed by the county
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517537 legislative body.
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519539 [(c) Not more than two members of the commission shall be affiliated with or members
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521541 of the same political party.]
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523543 [(d)] (c) Of the original appointees, one member shall be appointed for a term ending
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525545 February 1 of the first odd-numbered year after the date of appointment, and one each
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546+- 8 - 03-07 14:50 4th Sub. (Green) H.B. 412
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527548 for terms ending two and four years thereafter.
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529550 [(e)] (d) Upon the expiration of any of the terms, a successor shall be appointed for a full
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531552 term of six years.
532-261
553+270
533554 [(f)] (e) Appointment to fill a vacancy resulting other than from expiration of term shall
534-262
555+271
535556 be for the unexpired portion of the term only.
536-263
557+272
537558 (2) Members of a commission shall be citizens of the state, shall have been residents of the
538-264
559+273
539560 area embraced by the governmental unit from which appointed not less than five years
540-265
561+274
541562 next preceding the date of appointment, and shall hold no other office or employment
542-266
563+275
543564 under the governmental unit for which appointed.
544-- 8 - Enrolled Copy H.B. 412
545-267
565+276
546566 (3) The county legislative body may compensate a member for service on the commission
547-268
567+277
548568 and reimburse the member for necessary expenses incurred in the performance of the
549-269
569+278
550570 member's duties.
551-270
571+279
552572 Section 6. Section 17-30a-202 is amended to read:
553-271
573+280
554574 17-30a-202 . Establishment of merit commission -- Appointment, qualifications,
555-272
575+281
556576 and compensation of members.
557-273
577+282
558578 (1)(a) Except as provided in Subsection (1)(b), a county subject to this chapter shall
559-274
579+283
560580 establish a merit system commission consisting of three appointed members:
561-275
581+284
562582 (i) two members appointed by the legislative body of the county; and
563-276
583+285
564584 (ii) one member appointed by the governing body of a police interlocal entity.
565-277
585+286
566586 (b) If there is no police interlocal entity within the county, the county legislative body
567-278
587+287
568588 shall appoint all three members of a commission described in Subsection (1)(a).
569-279
589+288
570590 [(c) No more than two members of the commission may be affiliated with or members
571-280
591+289
572592 of the same political party.]
573-281
593+290
574594 [(d)] (c)(i) Of the original appointees described in Subsection (1)(a) or (b), one
575-282
595+291
576596 member shall be appointed for a term ending February 1 of the first odd-numbered
577-283
597+292
578598 year after the date of appointment, and one each for terms ending two and four
579-284
599+293
580600 years thereafter.
581-285
601+294
582602 (ii) For a term subsequent to a term described in Subsection [(1)(d)] (1)(c), a
583-286
603+295
584604 commission member shall hold a term of six years.
585-287
605+296
586606 [(e)] (d) If an appointed position described in Subsection (1)(a) or (b) is vacated for a
587-288
607+297
588608 cause other than expiration of the member's term, the position is filled by
589-289
609+298
590610 appointment for the unexpired portion of the term only.
591-290
611+299
592612 (2) A member of the commission:
593-291
613+300
594614 (a) shall be a resident of the state;
595-292
615+- 9 - 4th Sub. (Green) H.B. 412 03-07 14:50
616+301
596617 (b) for at least five years preceding the date of appointment a resident of:
597-293
618+302
598619 (i) the county; or
599-294
620+303
600621 (ii) if applicable, the area served by the police interlocal entity from which appointed;
601-295
622+304
602623 and
603-296
624+305
604625 (c) may not hold another office or employment with the county or, if applicable, in a
605-297
626+306
606627 municipality served by the police interlocal entity for which the member is appointed.
607-298
628+307
608629 (3) The county legislative body or interlocal entity governing body may compensate a
609-299
630+308
610631 member for service on the commission and reimburse the member for necessary
611-300
632+309
612633 expenses incurred in the performance of the member's duties.
613-- 9 - H.B. 412 Enrolled Copy
614-301
634+310
615635 Section 7. Section 19-2-103 is amended to read:
616-302
636+311
617637 19-2-103 . Members of board -- Appointment -- Terms -- Organization -- Per
618-303
638+312
619639 diem and expenses.
620-304
640+313
621641 (1) The board consists of the following nine members:
622-305
642+314
623643 (a) the following non-voting member, except that the member may vote to break a tie
624-306
644+315
625645 vote between the voting members:
626-307
646+316
627647 (i) the executive director; or
628-308
648+317
629649 (ii) an employee of the department designated by the executive director; and
630-309
650+318
631651 (b) the following eight voting members, who shall be appointed or reappointed by the
632-310
652+319
633653 governor with the advice and consent of the Senate in accordance with Title 63G,
634-311
654+320
635655 Chapter 24, Part 2, Vacancies:
636-312
656+321
637657 (i) one representative who:
638-313
658+322
639659 (A) is not connected with industry;
640-314
660+323
641661 (B) is an expert in air quality matters; and
642-315
662+324
643663 (C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a
644-316
664+325
645665 scientist with relevant training and experience;
646-317
666+326
647667 (ii) two government representatives who do not represent the federal government;
648-318
668+327
649669 (iii) one representative from the mining industry;
650-319
670+328
651671 (iv) one representative from the fuels industry;
652-320
672+329
653673 (v) one representative from the manufacturing industry;
654-321
674+330
655675 (vi) one representative from the public who represents:
656-322
676+331
657677 (A) an environmental nongovernmental organization; or
658-323
678+332
659679 (B) a nongovernmental organization that represents community interests and does
660-324
680+333
661681 not represent industry interests; and
662-325
682+334
663683 (vii) one representative from the public who is trained and experienced in public
664-326
684+- 10 - 03-07 14:50 4th Sub. (Green) H.B. 412
685+335
665686 health.
666-327
687+336
667688 (2) A member of the board shall:
668-328
689+337
669690 (a) be knowledgeable about air pollution matters, as evidenced by a professional degree,
670-329
691+338
671692 a professional accreditation, or documented experience;
672-330
693+339
673694 (b) be a resident of Utah;
674-331
695+340
675696 (c) attend board meetings in accordance with the attendance rules made by the
676-332
697+341
677698 department under Subsection 19-1-201(1)(d)(i)(A); and
678-333
699+342
679700 (d) comply with all applicable statutes, rules, and policies, including the conflict of
680-334
701+343
681702 interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest,
682-- 10 - Enrolled Copy H.B. 412
683-335
703+344
684704 and the conflict of interest rules made by the department under Subsection 19-1-201
685-336
705+345
686706 (1)(d)(i)(B).
687-337
688-[(3) No more than five of the appointed members of the board shall belong to the same
689-338
690-political party.]
691-339
692-[(4)] (3) A majority of the members of the board may not derive any significant portion of
693-340
694-their income from persons subject to permits or orders under this chapter.
695-341
696-[(5)] (4)(a) Members shall be appointed for a term of four years.
697-342
698-(b) Notwithstanding the requirements of Subsection [(5)(a)] (4)(a), the governor shall, at
699-343
700-the time of appointment or reappointment, adjust the length of terms to ensure that
701-344
702-the terms of board members are staggered so that half of the appointed board is
703-345
707+346
708+(3) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than five of the
709+347
710+appointed members of the board shall belong to the same political party.
711+348
712+(4) A majority of the members of the board may not derive any significant portion of their
713+349
714+income from persons subject to permits or orders under this chapter.
715+350
716+(5)(a) Members shall be appointed for a term of four years.
717+351
718+(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
719+352
720+time of appointment or reappointment, adjust the length of terms to ensure that the
721+353
722+terms of board members are staggered so that half of the appointed board is
723+354
704724 appointed every two years.
705-346
706-[(6)] (5) A member may serve more than one term.
707-347
708-[(7)] (6) A member shall hold office until the expiration of the member's term and until the
709-348
725+355
726+(6) A member may serve more than one term.
727+356
728+(7) A member shall hold office until the expiration of the member's term and until the
729+357
710730 member's successor is appointed, but not more than 90 days after the expiration of the
711-349
731+358
712732 member's term.
713-350
714-[(8)] (7) When a vacancy occurs in the membership for any reason, the governor shall, with
715-351
716-the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
717-352
733+359
734+(8) When a vacancy occurs in the membership for any reason, the governor shall, with the
735+360
736+advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
737+361
718738 Vacancies, appoint a replacement for the unexpired term.
719-353
720-[(9)] (8) The board shall elect annually a chair and a vice chair from its members.
721-354
722-[(10)] (9)(a) The board shall meet at least quarterly.
723-355
739+362
740+(9) The board shall elect annually a chair and a vice chair from its members.
741+363
742+(10)(a) The board shall meet at least quarterly.
743+364
724744 (b) Special meetings may be called by the chair upon the chair's own initiative, upon the
725-356
745+365
726746 request of the director, or upon the request of three members of the board.
727-357
747+366
728748 (c) Three days' notice shall be given to each member of the board before a meeting.
729-358
730-[(11)] (10) Five members constitute a quorum at a meeting, and the action of a majority of
731-359
749+367
750+(11) Five members constitute a quorum at a meeting, and the action of a majority of
751+368
732752 members present is the action of the board.
733-360
734-[(12)] (11) A member may not receive compensation or benefits for the member's service,
735-361
736-but may receive per diem and travel expenses in accordance with:
737-362
753+- 11 - 4th Sub. (Green) H.B. 412 03-07 14:50
754+369
755+(12) A member may not receive compensation or benefits for the member's service, but
756+370
757+may receive per diem and travel expenses in accordance with:
758+371
738759 (a) Section 63A-3-106;
739-363
760+372
740761 (b) Section 63A-3-107; and
741-364
762+373
742763 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
743-365
764+374
744765 63A-3-107.
745-366
766+375
746767 Section 8. Section 19-4-103 is amended to read:
747-367
768+376
748769 19-4-103 . Drinking Water Board -- Members -- Organization -- Meetings -- Per
749-368
770+377
750771 diem and expenses.
751-- 11 - H.B. 412 Enrolled Copy
752-369
772+378
753773 (1) The board consists of the following nine members:
754-370
774+379
755775 (a) the following non-voting member, except that the member may vote to break a tie
756-371
776+380
757777 vote between the voting members:
758-372
778+381
759779 (i) the executive director; or
760-373
780+382
761781 (ii) an employee of the department designated by the executive director; and
762-374
782+383
763783 (b) the following eight voting members, who shall be appointed by the governor with the
764-375
784+384
765785 advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
766-376
786+385
767787 Vacancies:
768-377
788+386
769789 (i) one representative who is a Utah-licensed professional engineer with expertise in
770-378
790+387
771791 civil or sanitary engineering;
772-379
792+388
773793 (ii) two representatives who are elected officials from a municipal government that is
774-380
794+389
775795 involved in the management or operation of a public water system;
776-381
796+390
777797 (iii) one representative from an improvement district, a water conservancy district, or
778-382
798+391
779799 a metropolitan water district;
780-383
800+392
781801 (iv) one representative from an entity that manages or operates a public water system;
782-384
802+393
783803 (v) one representative from:
784-385
804+394
785805 (A) the state water research community; or
786-386
806+395
787807 (B) an institution of higher education that has comparable expertise in water
788-387
808+396
789809 research to the state water research community;
790-388
810+397
791811 (vi) one representative from the public who represents:
792-389
812+398
793813 (A) an environmental nongovernmental organization; or
794-390
814+399
795815 (B) a nongovernmental organization that represents community interests and does
796-391
816+400
797817 not represent industry interests; and
798-392
818+401
799819 (vii) one representative from the public who is trained and experienced in public
800-393
820+402
801821 health.
802-394
822+- 12 - 03-07 14:50 4th Sub. (Green) H.B. 412
823+403
803824 (2) A member of the board shall:
804-395
825+404
805826 (a) be knowledgeable about drinking water and public water systems, as evidenced by a
806-396
827+405
807828 professional degree, a professional accreditation, or documented experience;
808-397
829+406
809830 (b) represent different geographical areas within the state insofar as practicable;
810-398
831+407
811832 (c) be a resident of Utah;
812-399
833+408
813834 (d) attend board meetings in accordance with the attendance rules made by the
814-400
835+409
815836 department under Subsection 19-1-201(1)(d)(i)(A); and
816-401
837+410
817838 (e) comply with all applicable statutes, rules, and policies, including the conflict of
818-402
839+411
819840 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the
820-- 12 - Enrolled Copy H.B. 412
821-403
841+412
822842 conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
823-404
843+413
824844 Interest.
825-405
826-[(3) No more than five appointed members of the board shall be from the same political
827-406
828-party.]
829-407
830-[(4)] (3)(a) As terms of current board members expire, the governor shall appoint each
831-408
832-new member or reappointed member to a four-year term.
833-409
834-(b) Notwithstanding the requirements of Subsection [(4)(a)] (3)(a), the governor shall, at
835-410
836-the time of appointment or reappointment, adjust the length of terms to ensure that
837-411
838-the terms of board members are staggered so that half of the appointed board is
839-412
845+414
846+(3) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than five appointed
847+415
848+members of the board shall be from the same political party.
849+416
850+(4)(a) As terms of current board members expire, the governor shall appoint each new
851+417
852+member or reappointed member to a four-year term.
853+418
854+(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
855+419
856+time of appointment or reappointment, adjust the length of terms to ensure that the
857+420
858+terms of board members are staggered so that half of the appointed board is
859+421
840860 appointed every two years.
841-413
842-(c)(i) Notwithstanding Subsection [(4)(a)] (3)(a), the term of a board member who is
843-414
861+422
862+(c)(i) Notwithstanding Subsection (4)(a), the term of a board member who is
863+423
844864 appointed before May 1, 2013, shall expire on April 30, 2013.
845-415
865+424
846866 (ii) On May 1, 2013, the governor shall appoint or reappoint board members in
847-416
867+425
848868 accordance with this section.
849-417
850-[(5)] (4) When a vacancy occurs in the membership for any reason, the replacement shall be
851-418
869+426
870+(5) When a vacancy occurs in the membership for any reason, the replacement shall be
871+427
852872 appointed for the unexpired term.
853-419
854-[(6)] (5) When the governor makes a new appointment or reappointment under Subsection [
855-420
856-(4)(a)] (3)(a), or a vacancy appointment under Subsection [(5)] (4), the governor's new
857-421
858-appointment, reappointment, or vacancy appointment shall be with the advice and
859-422
860-consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
861-423
862-[(7)] (6) Each member holds office until the expiration of the member's term, and until a
863-424
873+428
874+(6) When the governor makes a new appointment or reappointment under Subsection (4)(a),
875+429
876+or a vacancy appointment under Subsection (5), the governor's new appointment,
877+430
878+reappointment, or vacancy appointment shall be with the advice and consent of the
879+431
880+Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
881+432
882+(7) Each member holds office until the expiration of the member's term, and until a
883+433
864884 successor is appointed, but not for more than 90 days after the expiration of the term.
865-425
866-[(8)] (7) The board shall elect annually a chair and a vice chair from its members.
867-426
868-[(9)] (8)(a) The board shall meet at least quarterly.
869-427
885+434
886+(8) The board shall elect annually a chair and a vice chair from its members.
887+435
888+(9)(a) The board shall meet at least quarterly.
889+436
870890 (b) Special meetings may be called by the chair upon the chair's own initiative, upon the
871-428
891+- 13 - 4th Sub. (Green) H.B. 412 03-07 14:50
892+437
872893 request of the director, or upon the request of three members of the board.
873-429
894+438
874895 (c) Reasonable notice shall be given to each member of the board before any meeting.
875-430
876-[(10)] (9) Five members constitute a quorum at any meeting and the action of the majority
877-431
878-of the members present is the action of the board.
879-432
880-[(11)] (10) A member may not receive compensation or benefits for the member's service,
881-433
882-but may receive per diem and travel expenses in accordance with:
883-434
896+439
897+(10) Five members constitute a quorum at any meeting and the action of the majority of the
898+440
899+members present is the action of the board.
900+441
901+(11) A member may not receive compensation or benefits for the member's service, but
902+442
903+may receive per diem and travel expenses in accordance with:
904+443
884905 (a) Section 63A-3-106;
885-435
906+444
886907 (b) Section 63A-3-107; and
887-436
908+445
888909 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
889-- 13 - H.B. 412 Enrolled Copy
890-437
910+446
891911 63A-3-107.
892-438
912+447
893913 Section 9. Section 19-5-103 is amended to read:
894-439
914+448
895915 19-5-103 . Water Quality Board -- Members of board -- Appointment -- Terms --
896-440
916+449
897917 Organization -- Meetings -- Per diem and expenses.
898-441
918+450
899919 (1) The board consists of the following nine members:
900-442
920+451
901921 (a) the following non-voting member, except that the member may vote to break a tie
902-443
922+452
903923 vote between the voting members:
904-444
924+453
905925 (i) the executive director; or
906-445
926+454
907927 (ii) an employee of the department designated by the executive director; and
908-446
928+455
909929 (b) the following eight voting members, who shall be appointed or reappointed by the
910-447
930+456
911931 governor with the advice and consent of the Senate in accordance with Title 63G,
912-448
932+457
913933 Chapter 24, Part 2, Vacancies:
914-449
934+458
915935 (i) one representative who:
916-450
936+459
917937 (A) is an expert and has relevant training and experience in water quality matters;
918-451
938+460
919939 (B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a
920-452
940+461
921941 scientist with relevant training and experience; and
922-453
942+462
923943 (C) represents local and special service districts in the state;
924-454
944+463
925945 (ii) two government representatives who do not represent the federal government;
926-455
946+464
927947 (iii) one representative from the mineral industry;
928-456
948+465
929949 (iv) one representative from the manufacturing industry;
930-457
950+466
931951 (v) one representative who represents agricultural and livestock interests;
932-458
952+467
933953 (vi) one representative from the public who represents:
934-459
954+468
935955 (A) an environmental nongovernmental organization; or
936-460
956+469
937957 (B) a nongovernmental organization that represents community interests and does
938-461
958+470
939959 not represent industry interests; and
940-462
960+- 14 - 03-07 14:50 4th Sub. (Green) H.B. 412
961+471
941962 (vii) one representative from the public who is trained and experienced in public
942-463
963+472
943964 health.
944-464
965+473
945966 (2) A member of the board shall:
946-465
967+474
947968 (a) be knowledgeable about water quality matters, as evidenced by a professional
948-466
969+475
949970 degree, a professional accreditation, or documented experience;
950-467
971+476
951972 (b) be a resident of Utah;
952-468
973+477
953974 (c) attend board meetings in accordance with the attendance rules made by the
954-469
975+478
955976 department under Subsection 19-1-201(1)(d)(i)(A); and
956-470
977+479
957978 (d) comply with all applicable statutes, rules, and policies, including the conflict of
958-- 14 - Enrolled Copy H.B. 412
959-471
979+480
960980 interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the
961-472
981+481
962982 conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
963-473
983+482
964984 Interest.
965-474
966-[(3) No more than five of the appointed members may be from the same political party.]
967-475
968-[(4)] (3) When a vacancy occurs in the membership for any reason, the governor shall, with
969-476
970-the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
971-477
985+483
986+(3) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than five of the
987+484
988+appointed members may be from the same political party.
989+485
990+(4) When a vacancy occurs in the membership for any reason, the governor shall, with the
991+486
992+advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
993+487
972994 Vacancies, appoint a replacement for the unexpired term.
973-478
974-[(5)] (4)(a) A member shall be appointed for a term of four years and is eligible for
975-479
995+488
996+(5)(a) A member shall be appointed for a term of four years and is eligible for
997+489
976998 reappointment.
977-480
978-(b) Notwithstanding the requirements of Subsection [(5)(a)] (4)(a), the governor shall, at
979-481
980-the time of appointment or reappointment, adjust the length of terms to ensure that
981-482
982-the terms of board members are staggered so that half of the appointed board is
983-483
999+490
1000+(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1001+491
1002+time of appointment or reappointment, adjust the length of terms to ensure that the
1003+492
1004+terms of board members are staggered so that half of the appointed board is
1005+493
9841006 appointed every two years.
985-484
986-[(6)] (5) A member shall hold office until the expiration of the member's term and until the
987-485
1007+494
1008+(6) A member shall hold office until the expiration of the member's term and until the
1009+495
9881010 member's successor is appointed, not to exceed 90 days after the formal expiration of the
989-486
1011+496
9901012 term.
991-487
992-[(7)] (6) The board shall:
993-488
1013+497
1014+(7) The board shall:
1015+498
9941016 (a) organize and annually select one of its members as chair and one of its members as
995-489
1017+499
9961018 vice chair;
997-490
1019+500
9981020 (b) hold at least four regular meetings each calendar year; and
999-491
1021+501
10001022 (c) keep minutes of its proceedings which are open to the public for inspection.
1001-492
1002-[(8)] (7) The chair may call a special meeting upon the request of three or more members of
1003-493
1004-the board.
1005-494
1006-[(9)] (8) Each member of the board and the director shall be notified of the time and place of
1007-495
1023+502
1024+(8) The chair may call a special meeting upon the request of three or more members of the
1025+503
1026+board.
1027+504
1028+(9) Each member of the board and the director shall be notified of the time and place of
1029+- 15 - 4th Sub. (Green) H.B. 412 03-07 14:50
1030+505
10081031 each meeting.
1009-496
1010-[(10)] (9) Five members of the board constitute a quorum for the transaction of business,
1011-497
1012-and the action of a majority of members present is the action of the board.
1013-498
1014-[(11)] (10) A member may not receive compensation or benefits for the member's service,
1015-499
1016-but may receive per diem and travel expenses in accordance with:
1017-500
1032+506
1033+(10) Five members of the board constitute a quorum for the transaction of business, and the
1034+507
1035+action of a majority of members present is the action of the board.
1036+508
1037+(11) A member may not receive compensation or benefits for the member's service, but
1038+509
1039+may receive per diem and travel expenses in accordance with:
1040+510
10181041 (a) Section 63A-3-106;
1019-501
1042+511
10201043 (b) Section 63A-3-107; and
1021-502
1044+512
10221045 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1023-503
1046+513
10241047 63A-3-107.
1025-504
1048+514
10261049 Section 10. Section 19-6-103 is amended to read:
1027-- 15 - H.B. 412 Enrolled Copy
1028-505
1050+515
10291051 19-6-103 . Waste Management and Radiation Control Board -- Members --
1030-506
1052+516
10311053 Terms -- Organization -- Meetings -- Per diem and expenses.
1032-507
1054+517
10331055 (1) The board consists of the following 12 members:
1034-508
1056+518
10351057 (a) the following non-voting member, except that the member may vote to break a tie
1036-509
1058+519
10371059 vote between the voting members:
1038-510
1060+520
10391061 (i) the executive director; or
1040-511
1062+521
10411063 (ii) an employee of the department designated by the executive director; and
1042-512
1064+522
10431065 (b) the following 11 voting members appointed by the governor with the advice and
1044-513
1066+523
10451067 consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
1046-514
1068+524
10471069 (i) one representative who is:
1048-515
1070+525
10491071 (A) not connected with industry; and
1050-516
1072+526
10511073 (B) a Utah-licensed professional engineer;
1052-517
1074+527
10531075 (ii) two government representatives who do not represent the federal government;
1054-518
1076+528
10551077 (iii) one representative from the manufacturing, mining, or fuel industry;
1056-519
1078+529
10571079 (iv) one representative from the private solid or hazardous waste disposal industry;
1058-520
1080+530
10591081 (v) one representative from the private hazardous waste recovery industry;
1060-521
1082+531
10611083 (vi) one representative from the radioactive waste management industry;
1062-522
1084+532
10631085 (vii) one representative from the uranium milling industry;
1064-523
1086+533
10651087 (viii) one representative from the public who represents:
1066-524
1088+534
10671089 (A) an environmental nongovernmental organization; or
1068-525
1090+535
10691091 (B) a nongovernmental organization that represents community interests and does
1070-526
1092+536
10711093 not represent industry interests;
1072-527
1094+537
10731095 (ix) one representative from the public who is trained and experienced in public
1074-528
1096+538
10751097 health and a licensed:
1076-529
1098+- 16 - 03-07 14:50 4th Sub. (Green) H.B. 412
1099+539
10771100 (A) medical doctor; or
1078-530
1101+540
10791102 (B) dentist; and
1080-531
1103+541
10811104 (x) one representative who is:
1082-532
1105+542
10831106 (A) a medical physicist or a health physicist; or
1084-533
1107+543
10851108 (B) a professional employed in the field of radiation safety.
1086-534
1109+544
10871110 (2) A member of the board shall:
1088-535
1111+545
10891112 (a) be knowledgeable about solid and hazardous waste matters and radiation safety and
1090-536
1113+546
10911114 protection as evidenced by a professional degree, a professional accreditation, or
1092-537
1115+547
10931116 documented experience;
1094-538
1117+548
10951118 (b) be a resident of Utah;
1096-- 16 - Enrolled Copy H.B. 412
1097-539
1119+549
10981120 (c) attend board meetings in accordance with the attendance rules made by the
1099-540
1121+550
11001122 department under Subsection 19-1-201(1)(d)(i)(A); and
1101-541
1123+551
11021124 (d) comply with all applicable statutes, rules, and policies, including the conflict of
1103-542
1125+552
11041126 interest rules made by the department in accordance with Subsection
1105-543
1127+553
11061128 19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G,
1107-544
1129+554
11081130 Chapter 24, Part 3, Conflicts of Interest.
1109-545
1110-[(3) No more than six of the appointed members may be from the same political party.]
1111-546
1112-[(4)] (3)(a) Members shall be appointed for terms of four years each.
1113-547
1114-(b) Notwithstanding the requirements of Subsection [(4)(a)] (3)(a), the governor shall, at
1115-548
1116-the time of appointment or reappointment, adjust the length of terms to ensure that
1117-549
1118-the terms of board members are staggered so that half of the appointed board is
1119-550
1131+555
1132+(3) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than six of the
1133+556
1134+appointed members may be from the same political party.
1135+557
1136+(4)(a) Members shall be appointed for terms of four years each.
1137+558
1138+(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1139+559
1140+time of appointment or reappointment, adjust the length of terms to ensure that the
1141+560
1142+terms of board members are staggered so that half of the appointed board is
1143+561
11201144 appointed every two years.
1121-551
1122-[(5)] (4) Each member is eligible for reappointment.
1123-552
1124-[(6)] (5) Board members shall continue in office until the expiration of their terms and until
1125-553
1126-their successors are appointed, but not more than 90 days after the expiration of their
1127-554
1128-terms.
1129-555
1130-[(7)] (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1131-556
1145+562
1146+(5) Each member is eligible for reappointment.
1147+563
1148+(6) Board members shall continue in office until the expiration of their terms and until their
1149+564
1150+successors are appointed, but not more than 90 days after the expiration of their terms.
1151+565
1152+(7) When a vacancy occurs in the membership for any reason, the replacement shall be
1153+566
11321154 appointed for the unexpired term by the governor, after considering recommendations of
1133-557
1155+567
11341156 the board and with the advice and consent of the Senate.
1135-558
1136-[(8)] (7) The board shall elect a chair and vice chair on or before April 1 of each year from
1137-559
1138-its membership.
1139-560
1140-[(9)] (8) A member may not receive compensation or benefits for the member's service, but
1141-561
1142-may receive per diem and travel expenses in accordance with:
1143-562
1157+568
1158+(8) The board shall elect a chair and vice chair on or before April 1 of each year from its
1159+569
1160+membership.
1161+570
1162+(9) A member may not receive compensation or benefits for the member's service, but may
1163+571
1164+receive per diem and travel expenses in accordance with:
1165+572
11441166 (a) Section 63A-3-106;
1145-563
1167+- 17 - 4th Sub. (Green) H.B. 412 03-07 14:50
1168+573
11461169 (b) Section 63A-3-107; and
1147-564
1170+574
11481171 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1149-565
1172+575
11501173 63A-3-107.
1151-566
1152-[(10)] (9)(a) The board shall hold a meeting at least once every three months including
1153-567
1154-one meeting during each annual general session of the Legislature.
1155-568
1174+576
1175+(10)(a) The board shall hold a meeting at least once every three months including one
1176+577
1177+meeting during each annual general session of the Legislature.
1178+578
11561179 (b) Meetings shall be held on the call of the chair, the director, or any three of the
1157-569
1180+579
11581181 members.
1159-570
1160-[(11)] (10) Six members constitute a quorum at any meeting, and the action of the majority
1161-571
1162-of members present is the action of the board.
1163-572
1182+580
1183+(11) Six members constitute a quorum at any meeting, and the action of the majority of
1184+581
1185+members present is the action of the board.
1186+582
11641187 Section 11. Section 26B-1-426 is amended to read:
1165-- 17 - H.B. 412 Enrolled Copy
1166-573
1188+583
11671189 26B-1-426 . Board of Aging and Adult Services -- Members, appointment, terms,
1168-574
1190+584
11691191 vacancies, chairperson, compensation, meetings, quorum.
1170-575
1192+585
11711193 (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven
1172-576
1194+586
11731195 members who are appointed or reappointed by the governor with the advice and consent
1174-577
1196+587
11751197 of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1176-578
1198+588
11771199 (2)(a) Except as required by Subsection (2)(b), each member shall be appointed for a
1178-579
1200+589
11791201 term of four years, and is eligible for one reappointment.
1180-580
1202+590
11811203 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1182-581
1204+591
11831205 time of appointment or reappointment, adjust the length of terms to ensure that the
1184-582
1206+592
11851207 terms of board members are staggered so that approximately half of the board is
1186-583
1208+593
11871209 appointed every two years.
1188-584
1210+594
11891211 (c) Board members shall continue in office until the expiration of their terms and until
1190-585
1212+595
11911213 their successors are appointed, which may not exceed 90 days after the formal
1192-586
1214+596
11931215 expiration of a term.
1194-587
1216+597
11951217 (d) When a vacancy occurs in the membership for any reason, the governor shall, with
1196-588
1218+598
11971219 the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
1198-589
1220+599
11991221 2, Vacancies, appoint a replacement for the unexpired term.
1200-590
1201-[(3)(a) No more than four members of the board may be from the same political party. ]
1202-591
1203-[(b)] (3) The board shall have diversity of gender, ethnicity, and culture; and members shall
1204-592
1222+600
1223+(3)(a) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than four
1224+601
1225+members of the board may be from the same political party.
1226+602
1227+(b) The board shall have diversity of gender, ethnicity, and culture; and members shall
1228+603
12051229 be chosen on the basis of their active interest, experience, and demonstrated ability to
1206-593
1230+604
12071231 deal with issues related to the Board of Aging and Adult Services.
1208-594
1232+605
12091233 (4)(a) The board shall annually elect a chairperson from the board's membership.
1210-595
1234+606
12111235 (b) The board shall hold meetings at least once every three months.
1212-596
1236+- 18 - 03-07 14:50 4th Sub. (Green) H.B. 412
1237+607
12131238 (c) Within budgetary constraints, meetings may be held from time to time on the call of
1214-597
1239+608
12151240 the chairperson or of the majority of the members of the board.
1216-598
1241+609
12171242 (d) Four members of the board are necessary to constitute a quorum at any meeting, and,
1218-599
1243+610
12191244 if a quorum exists, the action of the majority of members present shall be the action
1220-600
1245+611
12211246 of the board.
1222-601
1247+612
12231248 (5) A member may not receive compensation or benefits for the member's service, but, at
1224-602
1249+613
12251250 the executive director's discretion, may receive per diem and travel expenses in
1226-603
1251+614
12271252 accordance with:
1228-604
1253+615
12291254 (a) Section 63A-3-106;
1230-605
1255+616
12311256 (b) Section 63A-3-107; and
1232-606
1257+617
12331258 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1234-- 18 - Enrolled Copy H.B. 412
1235-607
1259+618
12361260 63A-3-107.
1237-608
1261+619
12381262 (6)(a) The board shall adopt bylaws governing its activities.
1239-609
1263+620
12401264 (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
1241-610
1265+621
12421266 board member who is unable or unwilling to fulfill the requirements of the board
1243-611
1267+622
12441268 member's appointment.
1245-612
1269+623
12461270 (7) The board has program policymaking authority for the division over which the board
1247-613
1271+624
12481272 presides.
1249-614
1273+625
12501274 (8) A member of the board shall comply with the conflict of interest provisions described in
1251-615
1275+626
12521276 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1253-616
1277+627
12541278 Section 12. Section 32B-2-201 is amended to read:
1255-617
1279+628
12561280 32B-2-201 . Alcoholic Beverage Services Commission created.
1257-618
1281+629
12581282 (1)(a) There is created the "Alcoholic Beverage Services Commission."
1259-619
1283+630
12601284 (b) The commission is the governing board over the department.
1261-620
1262-(2)[(a)] The commission is composed of seven part-time commissioners appointed by
1263-621
1264-the governor with the advice and consent of the Senate in accordance with Title 63G,
1265-622
1285+631
1286+(2)(a) The commission is composed of seven part-time commissioners appointed by the
1287+632
1288+governor with the advice and consent of the Senate in accordance with Title 63G,
1289+633
12661290 Chapter 24, Part 2, Vacancies.
1267-623
1268-[(b) No more than four commissioners may be of the same political party.]
1269-624
1291+634
1292+(b) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than four
1293+635
1294+commissioners may be of the same political party.
1295+636
12701296 (3)(a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
1271-625
1297+637
12721298 governor shall appoint each new commissioner or reappointed commissioner to a
1273-626
1299+638
12741300 four-year term.
1275-627
1301+639
12761302 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1277-628
1303+640
12781304 time of appointment or reappointment, adjust the length of terms to ensure that the
1279-629
1305+- 19 - 4th Sub. (Green) H.B. 412 03-07 14:50
1306+641
12801307 terms of no more than three commissioners expire in a fiscal year.
1281-630
1308+642
12821309 (4)(a) When a vacancy occurs on the commission for any reason, the governor shall
1283-631
1310+643
12841311 appoint a replacement for the unexpired term with the advice and consent of the
1285-632
1312+644
12861313 Senate.
1287-633
1314+645
12881315 (b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
1289-634
1316+646
12901317 the commission after the expiration of a term until a successor is appointed by the
1291-635
1318+647
12921319 governor, with the advice and consent of the Senate.
1293-636
1320+648
12941321 (5) A commissioner shall take the oath of office.
1295-637
1322+649
12961323 (6)(a) The governor may remove a commissioner from the commission for cause,
1297-638
1324+650
12981325 neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
1299-639
1326+651
13001327 (i) the governor; or
1301-640
1328+652
13021329 (ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
1303-- 19 - H.B. 412 Enrolled Copy
1304-641
1330+653
13051331 (b) At least 10 days before the hearing described in Subsection (6)(a), the governor shall
1306-642
1332+654
13071333 provide the commissioner notice of:
1308-643
1334+655
13091335 (i) the date, time, and place of the hearing; and
1310-644
1336+656
13111337 (ii) the alleged grounds for the removal.
1312-645
1338+657
13131339 (c) The commissioner shall have an opportunity to:
1314-646
1340+658
13151341 (i) attend the hearing;
1316-647
1342+659
13171343 (ii) present witnesses and other evidence; and
1318-648
1344+660
13191345 (iii) confront and cross examine witnesses.
1320-649
1346+661
13211347 (d) After a hearing under this Subsection (6):
1322-650
1348+662
13231349 (i) the person conducting the hearing shall prepare written findings of fact and
1324-651
1350+663
13251351 conclusions of law; and
1326-652
1352+664
13271353 (ii) the governor shall serve a copy of the prepared findings and conclusions upon the
1328-653
1354+665
13291355 commissioner.
1330-654
1356+666
13311357 (e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
1332-655
1358+667
13331359 examiner shall issue a written recommendation to the governor in addition to
1334-656
1360+668
13351361 complying with Subsection (6)(d).
1336-657
1362+669
13371363 (f) A commissioner has five days from the day on which the commissioner receives the
1338-658
1364+670
13391365 findings and conclusions described in Subsection (6)(d) to file written objections to
1340-659
1366+671
13411367 the recommendation before the governor issues a final order.
1342-660
1368+672
13431369 (g) The governor shall:
1344-661
1370+673
13451371 (i) issue the final order under this Subsection (6) in writing; and
1346-662
1372+674
13471373 (ii) serve the final order upon the commissioner.
1348-663
1374+- 20 - 03-07 14:50 4th Sub. (Green) H.B. 412
1375+675
13491376 (7) A commissioner may not receive compensation or benefits for the commissioner's
1350-664
1377+676
13511378 service, but may receive per diem and travel expenses in accordance with:
1352-665
1379+677
13531380 (a) Section 63A-3-106;
1354-666
1381+678
13551382 (b) Section 63A-3-107; and
1356-667
1383+679
13571384 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1358-668
1385+680
13591386 63A-3-107.
1360-669
1387+681
13611388 (8)(a)(i) The governor shall annually appoint the chair of the commission.
1362-670
1389+682
13631390 (ii) A commissioner serves as chair to the commission at the pleasure of the governor.
1364-671
1391+683
13651392 (iii) If removed as chair, the commissioner continues to serve as a commissioner
1366-672
1393+684
13671394 unless removed as a commissioner under Subsection (6).
1368-673
1395+685
13691396 (b) The commission shall elect:
1370-674
1397+686
13711398 (i) another commissioner to serve as vice chair; and
1372-- 20 - Enrolled Copy H.B. 412
1373-675
1399+687
13741400 (ii) other commission officers as the commission considers advisable.
1375-676
1401+688
13761402 (c) A commissioner elected under Subsection (8)(b) shall serve in the office to which the
1377-677
1403+689
13781404 commissioner is elected at the pleasure of the commission.
1379-678
1405+690
13801406 (9)(a) Each commissioner has equal voting rights on a commission matter when in
1381-679
1407+691
13821408 attendance at a commission meeting.
1383-680
1409+692
13841410 (b) Four commissioners is a quorum for conducting commission business.
1385-681
1411+693
13861412 (c) A majority vote of the quorum present at a meeting is required for the commission to
1387-682
1413+694
13881414 act.
1389-683
1415+695
13901416 (d) A commissioner shall comply with the conflict of interest provisions described in
1391-684
1417+696
13921418 Title 63G, Chapter 24, Part 3, Conflicts of Interest.
1393-685
1419+697
13941420 (10)(a) The commission shall meet at least monthly, but may hold other meetings at
1395-686
1421+698
13961422 times and places as scheduled by:
1397-687
1423+699
13981424 (i) the commission;
1399-688
1425+700
14001426 (ii) the chair; or
1401-689
1427+701
14021428 (iii) three commissioners upon filing a written request for a meeting with the chair.
1403-690
1429+702
14041430 (b)(i) Notice of the time and place of a commission meeting shall be given to each
1405-691
1431+703
14061432 commissioner, and to the public in compliance with Title 52, Chapter 4, Open and
1407-692
1433+704
14081434 Public Meetings Act.
1409-693
1435+705
14101436 (ii) A commission meeting is open to the public, except for a commission meeting or
1411-694
1437+706
14121438 portion of a commission meeting that is closed by the commission as authorized
1413-695
1439+707
14141440 by Sections 52-4-204 and 52-4-205.
1415-696
1441+708
14161442 Section 13. Section 34A-1-205 is amended to read:
1417-697
1443+- 21 - 4th Sub. (Green) H.B. 412 03-07 14:50
1444+709
14181445 34A-1-205 . Appeals Board -- Chair -- Appointment -- Compensation --
1419-698
1446+710
14201447 Qualifications.
1421-699
1448+711
14221449 (1)(a) There is created the Appeals Board within the commission consisting of three
1423-700
1450+712
14241451 members.
1425-701
1452+713
14261453 (b) The board may call and preside at adjudicative proceedings to review an order or
1427-702
1454+714
14281455 decision that is subject to review by the Appeals Board under this title.
1429-703
1456+715
14301457 (2)(a) With the advice and consent of the Senate and in accordance with this section, the
1431-704
1458+716
14321459 governor shall appoint:
1433-705
1460+717
14341461 (i) one member of the board to represent employers; and
1435-706
1462+718
14361463 (ii) one member of the board to represent employees.
1437-707
1464+719
14381465 (b) With the advice and consent of the Senate and in accordance with this section, the
1439-708
1466+720
14401467 governor may appoint:
1441-- 21 - H.B. 412 Enrolled Copy
1442-709
1468+721
14431469 (i) one alternate member of the board to represent employers in the event that the
1444-710
1470+722
14451471 member representing employers is unavailable; or
1446-711
1472+723
14471473 (ii) one alternate member of the board to represent employees in the event that the
1448-712
1474+724
14491475 member representing employees is unavailable.
1450-713
1476+725
14511477 (c) In making the appointments described in this subsection, the governor shall:
1452-714
1478+726
14531479 (i) when appointing a member or alternate member to represent employers, consider
1454-715
1455-nominations from employer organizations; and
1456-716
1480+727
1481+nominations from employer organizations;
1482+728
14571483 (ii) when appointing a member or alternate member to represent employees, consider
1458-717
1459-nominations from employee organizations[;] .
1460-718
1461-[(iii) ensure that no more than two members belong to the same political party; and]
1462-719
1463-[(iv) ensure that an alternate member belongs to the same political party as the
1464-720
1465-member for whom the alternate stands in.]
1466-721
1484+729
1485+nominations from employee organizations;
1486+730
1487+(iii) except as provided in Subsection 67-1-2.5(15)(a), ensure that no more than two
1488+731
1489+members belong to the same political party; and
1490+732
1491+(iv) ensure that an alternate member belongs to the same political party as the
1492+733
1493+member for whom the alternate stands in.
1494+734
14671495 (d) The governor shall, at the time of appointment or reappointment, make appointments
1468-722
1496+735
14691497 to the board so that at least two of the members of the board are members of the Utah
1470-723
1498+736
14711499 State Bar in good standing or resigned from the Utah State Bar in good standing.
1472-724
1500+737
14731501 (3)(a) The term of a member and an alternate member shall be six years beginning on
1474-725
1502+738
14751503 March 1 of the year the member or alternate member is appointed, except that the
1476-726
1504+739
14771505 governor shall, at the time of appointment or reappointment, adjust the length of
1478-727
1506+740
14791507 terms to ensure that the terms of members and alternate members are staggered so
1480-728
1508+741
14811509 that one member and alternate member is appointed every two years.
1482-729
1510+742
14831511 (b) The governor may remove a member or alternate member only for inefficiency,
1484-730
1512+- 22 - 03-07 14:50 4th Sub. (Green) H.B. 412
1513+743
14851514 neglect of duty, malfeasance or misfeasance in office, or other good and sufficient
1486-731
1515+744
14871516 cause.
1488-732
1517+745
14891518 (c) A member or alternate member shall hold office until a successor is appointed and
1490-733
1519+746
14911520 has qualified.
1492-734
1521+747
14931522 (4) A member and alternate member shall be part-time and receive compensation as
1494-735
1523+748
14951524 provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
1496-736
1525+749
14971526 (5)(a) The chief officer of the board shall be the chair, who shall serve as the executive
1498-737
1527+750
14991528 and administrative head of the board.
1500-738
1529+751
15011530 (b) The governor shall appoint and may remove at will the chair from the position of
1502-739
1531+752
15031532 chair.
1504-740
1533+753
15051534 (6) A majority of the board shall constitute a quorum to transact business.
1506-741
1535+754
15071536 (7)(a) The commission shall provide the Appeals Board necessary staff support, except
1508-742
1537+755
15091538 as provided in Subsection (7)(b).
1510-- 22 - Enrolled Copy H.B. 412
1511-743
1539+756
15121540 (b) At the request of the Appeals Board, the attorney general shall act as an impartial aid
1513-744
1541+757
15141542 to the Appeals Board in outlining the facts and the issues.
1515-745
1543+758
15161544 Section 14. Section 35A-1-205 is amended to read:
1517-746
1545+759
15181546 35A-1-205 . Workforce Appeals Board -- Chair -- Appointment -- Compensation
1519-747
1547+760
15201548 -- Qualifications.
1521-748
1549+761
15221550 (1) There is created the Workforce Appeals Board within the department consisting of one
1523-749
1551+762
15241552 or more panels to hear and decide appeals from the decision of an administrative law
1525-750
1553+763
15261554 judge.
1527-751
1528-(2)[(a)] A panel shall consist of three impartial members appointed by the governor as
1529-752
1555+764
1556+(2)(a) A panel shall consist of three impartial members appointed by the governor as
1557+765
15301558 follows:
1531-753
1532-[(i)] (a) the board chair, appointed in accordance with Subsection (5);
1533-754
1534-[(ii)] (b) one member appointed to represent employers; and in making this appointment,
1535-755
1559+766
1560+(i) the board chair, appointed in accordance with Subsection (5);
1561+767
1562+(ii) one member appointed to represent employers; and in making this appointment,
1563+768
15361564 the governor shall consider nominations from employer organizations; and
1537-756
1538-[(iii)] (c) one member appointed to represent employees; and in making this appointment,
1539-757
1565+769
1566+(iii) one member appointed to represent employees; and in making this appointment,
1567+770
15401568 the governor shall consider nominations from employee organizations.
1541-758
1542-[(b) No more than two members of a panel may belong to the same political party.]
1543-759
1569+771
1570+(b) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than two members of
1571+772
1572+a panel may belong to the same political party.
1573+773
15441574 (3)(a)(i) The term of a member shall be six years beginning on March 1 of the year
1545-760
1575+774
15461576 the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
1547-761
1577+775
15481578 (ii) The governor shall, at the time of appointment or reappointment, adjust the length
1549-762
1579+776
15501580 of terms to ensure that the terms of members are staggered so that approximately
1551-763
1581+- 23 - 4th Sub. (Green) H.B. 412 03-07 14:50
1582+777
15521583 one third of the members are appointed every two years.
1553-764
1584+778
15541585 (b) When a vacancy occurs in the membership for any reason, the replacement shall be
1555-765
1586+779
15561587 appointed for the unexpired term.
1557-766
1588+780
15581589 (c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
1559-767
1590+781
15601591 or misfeasance in office, or other good and sufficient cause.
1561-768
1592+782
15621593 (d) A member shall hold office until a successor is appointed and has qualified.
1563-769
1594+783
15641595 (4)(a) Except as provided in Subsection (4)(b), a member may not receive compensation
1565-770
1596+784
15661597 or benefits for the member's service, but may receive per diem and travel expenses in
1567-771
1598+785
15681599 accordance with:
1569-772
1600+786
15701601 (i) Section 63A-3-106;
1571-773
1602+787
15721603 (ii) Section 63A-3-107; and
1573-774
1604+788
15741605 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1575-775
1606+789
15761607 63A-3-107.
1577-776
1608+790
15781609 (b) The member appointed as board chair in accordance with Subsection (5) shall be
1579-- 23 - H.B. 412 Enrolled Copy
1580-777
1610+791
15811611 compensated at an hourly rate determined by the Division of Human Resource
1582-778
1612+792
15831613 Management in accordance with Title 63A, Chapter 17, Utah State Personnel
1584-779
1614+793
15851615 Management Act.
1586-780
1616+794
15871617 (5)(a) The chief officer of the board shall be the chair, who shall serve as the executive
1588-781
1618+795
15891619 and administrative head of the board.
1590-782
1620+796
15911621 (b) The chair shall be appointed by the governor to represent the public and may be
1592-783
1622+797
15931623 removed from that position at the will of the governor.
1594-784
1624+798
15951625 (c) The chair shall be experienced in administration and possess any additional
1596-785
1626+799
15971627 qualifications determined by the governor.
1598-786
1628+800
15991629 (6)(a) The chair shall designate an alternate from a panel appointed under this section:
1600-787
1630+801
16011631 (i) in the absence of a regular member or the chair; or
1602-788
1632+802
16031633 (ii) if the regular member or the chair has a conflict of interest.
1604-789
1634+803
16051635 (b) Each case shall be decided by a full three-member panel.
1606-790
1636+804
16071637 (7) The department shall provide the Workforce Appeals Board necessary staff support,
1608-791
1638+805
16091639 except, the board may employ, retain, or appoint legal counsel.
1610-792
1640+806
16111641 Section 15. Section 35A-1-206 is amended to read:
1612-793
1642+807
16131643 35A-1-206 . State Workforce Development Board -- Appointment -- Membership
1614-794
1644+808
16151645 -- Terms of members -- Compensation.
1616-795
1646+809
16171647 (1) There is created within the department the State Workforce Development Board in
1618-796
1648+810
16191649 accordance with the provisions of the Workforce Innovation and Opportunity Act, 29
1620-797
1650+- 24 - 03-07 14:50 4th Sub. (Green) H.B. 412
1651+811
16211652 U.S.C. Sec. 3101 et seq.
1622-798
1653+812
16231654 (2) The board shall consist of the following [38] members:
1624-799
1655+813
16251656 (a) the governor or the governor's designee;
1626-800
1657+814
16271658 [(b) one member of the Senate, appointed by the president of the Senate;]
1628-801
1659+815
16291660 [(c) one representative of the House of Representatives, appointed by the speaker of the
1630-802
1661+816
16311662 House of Representatives;]
1632-803
1663+817
16331664 [(d)] (b) the executive director or the executive director's designee;
1634-804
1665+818
16351666 [(e)] (c) the executive director of the Department of Health and Human Services or the
1636-805
1667+819
16371668 executive director's designee;
1638-806
1669+820
16391670 [(f)] (d) the director of the Utah State Office of Rehabilitation or the director's designee;
1640-807
1671+821
16411672 [(g)] (e) the state superintendent of public instruction or the superintendent's designee;
1642-808
1673+822
16431674 [(h)] (f) the commissioner of higher education or the commissioner's designee;
1644-809
1675+823
16451676 [(i)] (g) the executive director of the Governor's Office of Economic Opportunity or the
1646-810
1677+824
16471678 executive director's designee;
1648-- 24 - Enrolled Copy H.B. 412
1649-811
1679+825
16501680 [(j)] (h) the executive director of the Department of Veterans and Military Affairs or the
1651-812
1681+826
16521682 executive director's designee; and
1653-813
1683+827
16541684 [(k)] (i) the following members appointed by the governor:
1655-814
1685+828
16561686 (i) 20 representatives of business in the state, selected among the following:
1657-815
1687+829
16581688 (A) owners of businesses, chief executive or operating officers of businesses, or
1659-816
1689+830
16601690 other business executives or employers with policymaking or hiring authority;
1661-817
1691+831
16621692 (B) representatives of businesses, including small businesses, that provide
1663-818
1693+832
16641694 employment opportunities that include high-quality, work-relevant training and
1665-819
1695+833
16661696 development in in-demand industry sectors or occupations in the state; and
1667-820
1697+834
16681698 (C) representatives of businesses appointed from among individuals nominated by
1669-821
1699+835
16701700 state business organizations or business trade associations;
1671-822
1701+836
16721702 (ii) six representatives of the workforce within the state, which:
1673-823
1703+837
16741704 (A) shall include at least two representatives of labor organizations who have been
1675-824
1705+838
16761706 nominated by state labor federations;
1677-825
1707+839
16781708 (B) shall include at least one representative from a registered apprentice program;
1679-826
1709+840
16801710 (C) may include one or more representatives from a community-based
1681-827
1711+841
16821712 organization that has demonstrated experience and expertise in addressing the
1683-828
1713+842
16841714 employment, training, or educational needs of individuals with barriers to
1685-829
1715+843
16861716 employment; and
1687-830
1717+844
16881718 (D) may include one or more representatives from an organization that has
1689-831
1719+- 25 - 4th Sub. (Green) H.B. 412 03-07 14:50
1720+845
16901721 demonstrated experience and expertise in addressing the employment, training,
1691-832
1722+846
16921723 or education needs of eligible youth, including organizations that serve out of
1693-833
1724+847
16941725 school youth; and
1695-834
1726+848
16961727 (iii) two elected officials that represent a city or a county.
1697-835
1728+849
16981729 (3)(a) The governor shall appoint one of the appointed business representatives as chair
1699-836
1730+850
17001731 of the board.
1701-837
1732+851
17021733 (b) The chair shall serve at the pleasure of the governor.
1703-838
1734+852
17041735 (4)(a) The governor shall ensure that members appointed to the board represent diverse
1705-839
1736+853
17061737 geographic areas of the state, including urban, suburban, and rural areas.
1707-840
1738+854
17081739 (b) A member appointed by the governor shall serve a term of four years and may be
1709-841
1740+855
17101741 reappointed to one additional term.
1711-842
1742+856
17121743 (c) A member shall continue to serve until the member's successor has been appointed
1713-843
1744+857
17141745 and qualified.
1715-844
1746+858
17161747 (d) Except as provided in Subsection (4)(e), as terms of board members expire, the
1717-- 25 - H.B. 412 Enrolled Copy
1718-845
1748+859
17191749 governor shall appoint each new member or reappointed member to a four-year term.
1720-846
1750+860
17211751 (e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
1722-847
1752+861
17231753 time of appointment or reappointment, adjust the length of terms to ensure that the
1724-848
1754+862
17251755 terms of board members are staggered so that approximately one half of the board is
1726-849
1756+863
17271757 appointed every two years.
1728-850
1758+864
17291759 (f) When a vacancy occurs in the membership for any reason, the replacement shall be
1730-851
1760+865
17311761 appointed for the unexpired term.
1732-852
1762+866
17331763 (g) The executive director shall terminate the term of any governor-appointed member
1734-853
1764+867
17351765 of the board if the member leaves the position that qualified the member for the
1736-854
1766+868
17371767 appointment.
1738-855
1768+869
17391769 (5) A majority of members constitutes a quorum for the transaction of business.
1740-856
1770+870
17411771 (6)[(a)] A member of the board [who is not a legislator ]may not receive compensation
1742-857
1772+871
17431773 or benefits for the member's service, but may receive per diem and travel expenses as
1744-858
1774+872
17451775 allowed in:
1746-859
1776+873
17471777 [(i)] (a) Section 63A-3-106;
1748-860
1778+874
17491779 [(ii)] (b) Section 63A-3-107; and
1750-861
1780+875
17511781 [(iii)] (c) rules made by the Division of Finance according to Sections 63A-3-106 and
1752-862
1782+876
17531783 63A-3-107.
1754-863
1784+877
17551785 [(b) Compensation and expenses of a member who is a legislator are governed by
1756-864
1786+878
17571787 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
1758-865
1788+- 26 - 03-07 14:50 4th Sub. (Green) H.B. 412
1789+879
17591790 Expenses.]
1760-866
1791+880
17611792 (7) The department shall provide staff and administrative support to the board at the
1762-867
1793+881
17631794 direction of the executive director.
1764-868
1795+882
17651796 (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec. 3111,
1766-869
1797+883
17671798 including:
1768-870
1799+884
17691800 (a) identifying opportunities to align initiatives in education, training, workforce
1770-871
1801+885
17711802 development, and economic development;
1772-872
1803+886
17731804 (b) developing and implementing the state workforce services plan described in Section
1774-873
1805+887
17751806 35A-1-207;
1776-874
1807+888
17771808 (c) utilizing strategic partners to ensure the needs of industry are met, including the
1778-875
1809+889
17791810 development of expanded strategies for partnerships for in-demand occupations and
1780-876
1811+890
17811812 understanding and adapting to economic changes;
1782-877
1813+891
17831814 (d) developing strategies for staff training;
1784-878
1815+892
17851816 (e) developing and improving employment centers; and
1786-- 26 - Enrolled Copy H.B. 412
1787-879
1817+893
17881818 (f) performing other responsibilities within the scope of workforce services as requested
1789-880
1819+894
17901820 by:
1791-881
1821+895
17921822 (i) the Legislature;
1793-882
1823+896
17941824 (ii) the governor; or
1795-883
1825+897
17961826 (iii) the executive director.
1797-884
1827+898
17981828 Section 16. Section 36-2-4 is amended to read:
1799-885
1829+899
18001830 36-2-4 . Legislative Compensation Commission created -- Governor's
1801-886
1831+900
18021832 considerations in appointments -- Organization and expenses.
1803-887
1804-(1) There is created a state Legislative Compensation Commission composed of seven
1805-888
1806-members appointed by the governor[, not more than four of whom shall be from the
1807-889
1808-same political party].
1809-890
1833+901
1834+(1)(a) There is created a state Legislative Compensation Commission composed of
1835+902
1836+seven members appointed by the governor[, not more than four of whom shall be
1837+903
1838+from the same political party].
1839+904
1840+(b) Except as provided in Subsection 67-1-2.5(15)(a), no more than four members of the
1841+905
1842+commission may be a member of the same political party.
1843+906
18101844 (2)(a) Except as required by Subsection (2)(b), the members shall be appointed for
1811-891
1845+907
18121846 four-year terms.
1813-892
1847+908
18141848 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1815-893
1849+909
18161850 time of appointment or reappointment, adjust the length of terms to ensure that the
1817-894
1851+910
18181852 terms of board members are staggered so that approximately half of the board is
1819-895
1853+911
18201854 appointed every two years.
1821-896
1855+912
18221856 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1823-897
1857+- 27 - 4th Sub. (Green) H.B. 412 03-07 14:50
1858+913
18241859 appointed for the unexpired term in the same manner as the vacated member was
1825-898
1860+914
18261861 chosen.
1827-899
1862+915
18281863 (3) In appointing members of the commission, the governor shall give consideration to
1829-900
1864+916
18301865 achieving representation from the major geographic areas of the state, and representation
1831-901
1866+917
18321867 from a broad cross section of occupational, professional, employee, and management
1833-902
1868+918
18341869 interests.
1835-903
1870+919
18361871 (4) The commission shall select a chair. Four members of the commission shall constitute a
1837-904
1872+920
18381873 quorum. The commission shall not make any final determination without the
1839-905
1874+921
18401875 concurrence of a majority of the commission's members appointed and serving on the
1841-906
1876+922
18421877 commission being present.
1843-907
1878+923
18441879 (5) A member may not receive compensation or benefits for the member's service, but may
1845-908
1880+924
18461881 receive per diem and travel expenses in accordance with:
1847-909
1882+925
18481883 (a) Section 63A-3-106;
1849-910
1884+926
18501885 (b) Section 63A-3-107; and
1851-911
1886+927
18521887 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1853-912
1888+928
18541889 63A-3-107.
1855-- 27 - H.B. 412 Enrolled Copy
1856-913
1890+929
18571891 (6)(a) The commission shall be a citizen commission and no member or employee of the
1858-914
1892+930
18591893 legislative, judicial, or executive branch is eligible for appointment to the
1860-915
1894+931
18611895 commission.
1862-916
1896+932
18631897 (b) The executive director of the Governor's Office of Planning and Budget:
1864-917
1898+933
18651899 (i) shall provide staff to the commission; and
1866-918
1900+934
18671901 (ii) is responsible for administration, budgeting, procurement, and related
1868-919
1902+935
18691903 management functions for the commission.
1870-920
1904+936
18711905 Section 17. Section 40-6-4 is amended to read:
1872-921
1906+937
18731907 40-6-4 . Board of Oil, Gas, and Mining created -- Functions -- Appointment of
1874-922
1908+938
18751909 members -- Terms -- Chair -- Quorum -- Expenses.
1876-923
1910+939
18771911 (1)(a) There is created within the Department of Natural Resources the Board of Oil,
1878-924
1912+940
18791913 Gas, and Mining.
1880-925
1914+941
18811915 (b) The board shall be the policy making body for the Division of Oil, Gas, and Mining.
1882-926
1916+942
18831917 (2)(a) The board shall consist of seven members appointed by the governor with the
1884-927
1918+943
18851919 advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
1886-928
1920+944
18871921 Vacancies.
1888-929
1889-[(b) No more than four members shall be from the same political party.]
1890-930
1891-[(c)] (b) In accordance with the requirements of Section 79-2-203, the members
1892-931
1893-appointed under Subsection (2)(a) shall include the following:
1894-932
1922+945
1923+(b) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than four members
1924+946
1925+of the board shall be from the same political party.
1926+- 28 - 03-07 14:50 4th Sub. (Green) H.B. 412
1927+947
1928+(c) In accordance with the requirements of Section 79-2-203, the members appointed
1929+948
1930+under Subsection (2)(a) shall include the following:
1931+949
18951932 (i) two members who are knowledgeable in mining matters;
1896-933
1933+950
18971934 (ii) two members who are knowledgeable in oil and gas matters;
1898-934
1935+951
18991936 (iii) one member who is knowledgeable in ecological and environmental matters;
1900-935
1937+952
19011938 (iv) one member who:
1902-936
1939+953
19031940 (A) is a private land owner;
1904-937
1941+954
19051942 (B) owns a mineral or royalty interest; and
1906-938
1943+955
19071944 (C) is knowledgeable in mineral or royalty interests; and
1908-939
1945+956
19091946 (v) one member who is knowledgeable in geological matters.
1910-940
1947+957
19111948 (3)(a) Except as required by Subsection (3)(b), as terms of current board members
1912-941
1949+958
19131950 expire, the governor shall appoint each new member or reappointed member to a
1914-942
1951+959
19151952 four-year term.
1916-943
1953+960
19171954 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1918-944
1955+961
19191956 time of appointment or reappointment, adjust the length of terms to ensure that the
1920-945
1957+962
19211958 terms of board members are staggered so that approximately half of the board is
1922-946
1959+963
19231960 appointed every two years.
1924-- 28 - Enrolled Copy H.B. 412
1925-947
1961+964
19261962 (c) A member shall hold office until the expiration of the member's term and until the
1927-948
1963+965
19281964 member's successor is appointed, but not more than 90 days after the expiration of the
1929-949
1965+966
19301966 member's term.
1931-950
1967+967
19321968 (4)(a) When a vacancy occurs in the membership for any reason, the replacement shall
1933-951
1969+968
19341970 be appointed for the unexpired term by the governor with the advice and consent of
1935-952
1971+969
19361972 the Senate.
1937-953
1973+970
19381974 (b) The person appointed shall have the same qualifications as the person's predecessor.
1939-954
1975+971
19401976 (5) When the governor makes a new appointment or reappointment under Subsection (3)(a),
1941-955
1977+972
19421978 or a vacancy appointment under Subsection (4)(a), the governor's new appointment,
1943-956
1979+973
19441980 reappointment, or vacancy appointment shall be made with the advice and consent of the
1945-957
1981+974
19461982 Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1947-958
1983+975
19481984 (6)(a) The board shall appoint its chair from the membership.
1949-959
1985+976
19501986 (b) Four members of the board shall constitute a quorum for the transaction of business
1951-960
1987+977
19521988 and the holding of hearings.
1953-961
1989+978
19541990 (7) A member may not receive compensation or benefits for the member's service, but may
1955-962
1991+979
19561992 receive per diem and travel expenses in accordance with:
1957-963
1993+980
19581994 (a) Section 63A-3-106;
1959-964
1995+- 29 - 4th Sub. (Green) H.B. 412 03-07 14:50
1996+981
19601997 (b) Section 63A-3-107; and
1961-965
1998+982
19621999 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1963-966
2000+983
19642001 63A-3-107.
1965-967
2002+984
19662003 (8) A member shall comply with the conflict of interest provisions described in Title 63G,
1967-968
2004+985
19682005 Chapter 24, Part 3, Conflicts of Interest.
1969-969
2006+986
19702007 Section 18. Section 51-7-16 is amended to read:
1971-970
2008+987
19722009 51-7-16 . State Money Management Council -- Members -- Terms -- Vacancies --
1973-971
2010+988
19742011 Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
1975-972
2012+989
19762013 of interests -- Per diem and expenses.
1977-973
2014+990
19782015 (1)(a) There is created a State Money Management Council composed of five members
1979-974
2016+991
19802017 appointed or reappointed by the governor after consultation with the state treasurer
1981-975
2018+992
19822019 and with the advice and consent of the Senate in accordance with Title 63G, Chapter
1983-976
2020+993
19842021 24, Part 2, Vacancies.
1985-977
2022+994
19862023 (b) The members of the council shall be qualified by training and experience in the field
1987-978
2024+995
19882025 of investment or finance as follows:
1989-979
2026+996
19902027 (i) at least one member, but not more than two members, shall be experienced in the
1991-980
2028+997
19922029 banking business;
1993-- 29 - H.B. 412 Enrolled Copy
1994-981
2030+998
19952031 (ii) at least one member, but not more than two members, shall be an elected
1996-982
2032+999
19972033 treasurer;
1998-983
2034+1000
19992035 (iii) at least one member, but not more than two members, shall be an appointed
2000-984
2036+1001
20012037 public treasurer; and
2002-985
2038+1002
20032039 (iv) two members, but not more than two members, shall be experienced in the field
2004-986
2040+1003
20052041 of investment.
2006-987
2007-[(c) No more than three members of the council may be from the same political party.]
2008-988
2042+1004
2043+(c) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than three members
2044+1005
2045+of the council may be from the same political party.
2046+1006
20092047 (2)(a) Except as required by Subsection (2)(b), the council members shall be appointed
2010-989
2048+1007
20112049 for terms of four years.
2012-990
2050+1008
20132051 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2014-991
2052+1009
20152053 time of appointment or reappointment, adjust the length of terms to ensure that the
2016-992
2054+1010
20172055 terms of council members are staggered so that approximately half of the council is
2018-993
2056+1011
20192057 appointed every two years.
2020-994
2058+1012
20212059 (c) When a vacancy occurs in the membership for any reason, the governor shall, with
2022-995
2060+1013
20232061 the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
2024-996
2062+1014
20252063 2, Vacancies, appoint a replacement for the unexpired term.
2026-997
2064+- 30 - 03-07 14:50 4th Sub. (Green) H.B. 412
2065+1015
20272066 (d) All members shall serve until their successors are appointed and qualified.
2028-998
2067+1016
20292068 (3)(a) The council members shall elect a chair and vice chair.
2030-999
2069+1017
20312070 (b) The state treasurer shall serve as executive secretary of the council without vote.
2032-1000
2071+1018
20332072 (4)(a) The council shall meet at least once per quarter at a regular date to be fixed by the
2034-1001
2073+1019
20352074 council and at other times at the call of the chair, the state treasurer, or any two
2036-1002
2075+1020
20372076 members of the council.
2038-1003
2077+1021
20392078 (b) Three members are a quorum for the transaction of business.
2040-1004
2079+1022
20412080 (c) Actions of the council require a vote of a majority of those present.
2042-1005
2081+1023
20432082 (d) All meetings of the council and records of its proceedings are open for inspection by
2044-1006
2083+1024
20452084 the public at the state treasurer's office during regular business hours except for:
2046-1007
2085+1025
20472086 (i) reports of the commissioner of financial institutions concerning the identity,
2048-1008
2087+1026
20492088 liquidity, or financial condition of qualified depositories and the amount of public
2050-1009
2089+1027
20512090 funds each is eligible to hold; and
2052-1010
2091+1028
20532092 (ii) reports of the director concerning the identity, liquidity, or financial condition of
2054-1011
2093+1029
20552094 certified dealers.
2056-1012
2095+1030
20572096 (5)(a) Each member of the council shall file a sworn or written statement with the
2058-1013
2097+1031
20592098 lieutenant governor that discloses any position or employment or ownership interest
2060-1014
2099+1032
20612100 that the member has in any financial institution or investment organization.
2062-- 30 - Enrolled Copy H.B. 412
2063-1015
2101+1033
20642102 (b) Each member shall file the statement required by this Subsection (5) when the
2065-1016
2103+1034
20662104 member becomes a member of the council and when substantial changes in the
2067-1017
2105+1035
20682106 member's position, employment, or ownership interests occur.
2069-1018
2107+1036
20702108 (c) Each member shall comply with the conflict of interest provisions described in Title
2071-1019
2109+1037
20722110 63G, Chapter 24, Part 3, Conflicts of Interest.
2073-1020
2111+1038
20742112 (6) A member may not receive compensation or benefits for the member's service, but may
2075-1021
2113+1039
20762114 receive per diem and travel expenses in accordance with:
2077-1022
2115+1040
20782116 (a) Section 63A-3-106;
2079-1023
2117+1041
20802118 (b) Section 63A-3-107; and
2081-1024
2119+1042
20822120 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2083-1025
2121+1043
20842122 63A-3-107.
2085-1026
2123+1044
20862124 Section 19. Section 53B-34-110 is amended to read:
2087-1027
2125+1045
20882126 53B-34-110 . Talent advisory councils.
2089-1028
2127+1046
20902128 (1) As used in this section:
2091-1029
2129+1047
20922130 (a) "Advisory council" means an advisory council the talent board creates under
2093-1030
2131+1048
20942132 Subsection (10).
2095-1031
2133+- 31 - 4th Sub. (Green) H.B. 412 03-07 14:50
2134+1049
20962135 (b) "Institution of higher education" means the same as the term is defined in Section
2097-1032
2136+1050
20982137 53B-1-102.
2099-1033
2138+1051
21002139 (c) "Talent initiative" means an initiative the board creates under Subsection (2).
2101-1034
2140+1052
21022141 (2)(a) Subject to legislative appropriations and in accordance with the proposal process
2103-1035
2142+1053
21042143 and other provisions of this section, the board shall develop and oversee one or more
2105-1036
2144+1054
21062145 talent initiatives that include providing funding for expanded programs at an
2107-1037
2146+1055
21082147 institution of higher education related to the talent initiative.
2109-1038
2148+1056
21102149 (b) The board shall ensure that a talent initiative the board creates:
2111-1039
2150+1057
21122151 (i) uses a name for the talent initiative that reflects the area the initiative is targeting;
2113-1040
2152+1058
21142153 (ii) contains an outline of the disciplines, industries, degrees, certifications,
2115-1041
2154+1059
21162155 credentials, and types of skills the talent initiative will target; and
2117-1042
2156+1060
21182157 (iii) uses a corresponding advisory council created in Subsection (10).
2119-1043
2158+1061
21202159 (3) In creating a talent initiative, the board shall facilitate collaborations between an
2121-1044
2160+1062
21222161 institution of higher education and participating employers that:
2123-1045
2162+1063
21242163 (a) create expanded, multidisciplinary programs or stackable credential programs offered
2125-1046
2164+1064
21262165 at a technical college, undergraduate, or graduate level of study; and
2127-1047
2166+1065
21282167 (b) prepare students to be workforce participants in jobs requiring skills related to a
2129-1048
2168+1066
21302169 talent initiative.
2131-- 31 - H.B. 412 Enrolled Copy
2132-1049
2170+1067
21332171 (4)(a) An institution of higher education seeking to partner with one or more
2134-1050
2172+1068
21352173 participating employers to create a program related to a talent initiative shall submit a
2136-1051
2174+1069
21372175 proposal to the talent board through a process the talent board creates.
2138-1052
2176+1070
21392177 (b) An institution of higher education shall submit a proposal that contains:
2140-1053
2178+1071
21412179 (i) a description of the proposed program, including:
2142-1054
2180+1072
21432181 (A) implementation timelines for the program;
2144-1055
2182+1073
21452183 (B) a demonstration of how the program will be responsive to the talent needs
2146-1056
2184+1074
21472185 related to the talent initiative;
2148-1057
2186+1075
21492187 (C) an outline of relevant industry involvement that includes at least one
2150-1058
2188+1076
21512189 participating employer that partners with the institution of higher education; and
2152-1059
2190+1077
21532191 (D) an explanation of how the program addresses an unmet regional workforce
2154-1060
2192+1078
21552193 need related to a talent initiative;
2156-1061
2194+1079
21572195 (ii) an estimate of:
2158-1062
2196+1080
21592197 (A) projected student enrollment and completion rates for a program;
2160-1063
2198+1081
21612199 (B) the academic credit or credentials that a program will provide; and
2162-1064
2200+1082
21632201 (C) occupations for which a graduate will qualify;
2164-1065
2202+- 32 - 03-07 14:50 4th Sub. (Green) H.B. 412
2203+1083
21652204 (iii) evidence that each participating employer is committed to participating and
2166-1066
2205+1084
21672206 contributing to the program by providing any combination of:
2168-1067
2207+1085
21692208 (A) instruction;
2170-1068
2209+1086
21712210 (B) curriculum review;
2172-1069
2211+1087
21732212 (C) feedback regarding effectiveness of program graduates as employees;
2174-1070
2213+1088
21752214 (D) work-based learning opportunities; or
2176-1071
2215+1089
21772216 (E) mentoring;
2178-1072
2217+1090
21792218 (iv) a description of any resources a participating employer will provide within the
2180-1073
2219+1091
21812220 program; and
2182-1074
2221+1092
21832222 (v) the amount of funding requested for the program, including:
2184-1075
2223+1093
21852224 (A) the justification for the funding; and
2186-1076
2225+1094
21872226 (B) the cost per student served as estimated under Subsection (4)(b)(ii).
2188-1077
2227+1095
21892228 (5) In reviewing a proposal, the talent board shall provide a proposal to the relevant
2190-1078
2229+1096
21912230 advisory council described in Subsections (10) and (11).
2192-1079
2231+1097
21932232 (6) The relevant advisory council shall:
2194-1080
2233+1098
21952234 (a) review and prioritize each proposal the advisory council receives; and
2196-1081
2235+1099
21972236 (b) recommend to the talent board whether the proposal should be funded and the
2198-1082
2237+1100
21992238 funding amount based on:
2200-- 32 - Enrolled Copy H.B. 412
2201-1083
2239+1101
22022240 (i) the quality and completeness of the elements of the proposal described in
2203-1084
2241+1102
22042242 Subsection (4)(b);
2205-1085
2243+1103
22062244 (ii) to what extent the proposed program:
2207-1086
2245+1104
22082246 (A) would expand the capacity to meet state or regional workforce needs related
2209-1087
2247+1105
22102248 to the talent initiative;
2211-1088
2249+1106
22122250 (B) would integrate industry-relevant competencies with disciplinary expertise;
2213-1089
2251+1107
22142252 (C) would incorporate internships or significant project experiences, including
2215-1090
2253+1108
22162254 team-based experiences;
2217-1091
2255+1109
22182256 (D) identifies how industry professionals would participate in elements described
2219-1092
2257+1110
22202258 in Subsection (4)(b)(iii); and
2221-1093
2259+1111
22222260 (E) would be cost effective; and
2223-1094
2261+1112
22242262 (iii) other relevant criteria as the relevant advisory council and the talent board
2225-1095
2263+1113
22262264 determines.
2227-1096
2265+1114
22282266 (7) The board shall review the recommendations of an advisory council and may provide
2229-1097
2267+1115
22302268 funding for a program related to a talent initiative using the criteria described in
2231-1098
2269+1116
22322270 Subsection (6)(b).
2233-1099
2271+- 33 - 4th Sub. (Green) H.B. 412 03-07 14:50
2272+1117
22342273 (8) In a form that the board approves, each institution of higher education that receives
2235-1100
2274+1118
22362275 funding shall annually provide written information to the board regarding the activities,
2237-1101
2276+1119
22382277 successes, and challenges related to administering the program related to the talent
2239-1102
2278+1120
22402279 initiative, including:
2241-1103
2280+1121
22422281 (a) specific entities that received funding under this section;
2243-1104
2282+1122
22442283 (b) the amount of funding provided to each entity;
2245-1105
2284+1123
22462285 (c) the number of participating students in each program;
2247-1106
2286+1124
22482287 (d) the number of graduates of the program;
2249-1107
2288+1125
22502289 (e) the number of graduates of the program employed in jobs requiring skills related to
2251-1108
2290+1126
22522291 the talent initiative; and
2253-1109
2292+1127
22542293 (f) progress and achievements relevant to the implementation timeline submitted under
2255-1110
2294+1128
22562295 Subsection (4)(b)(i)(A).
2257-1111
2296+1129
22582297 (9) On or before October 1 of each year, the board shall provide an annual written report
2259-1112
2298+1130
22602299 containing the information described in Subsection (8) to the:
2261-1113
2300+1131
22622301 (a) Education Interim Committee; and
2263-1114
2302+1132
22642303 (b) Higher Education Appropriations Subcommittee.
2265-1115
2304+1133
22662305 (10) The talent board shall create a talent advisory council for each talent initiative created
2267-1116
2306+1134
22682307 under Subsection (2) to make recommendations to the board regarding the
2269-- 33 - H.B. 412 Enrolled Copy
2270-1117
2308+1135
22712309 administration of a talent initiative including:
2272-1118
2310+1136
22732311 (a) a deep technology initiative;
2274-1119
2312+1137
22752313 (b) a life sciences workforce initiative; and
2276-1120
2314+1138
22772315 (c) health professions initiatives including a nursing initiative.
2278-1121
2316+1139
22792317 (11) An advisory council shall consist of the following members:
2280-1122
2318+1140
22812319 (a) four members who have extensive experience in the talent initiative's subject matter
2282-1123
2320+1141
22832321 from the private sector whom the chair of the talent board appoints and the board
2284-1124
2322+1142
22852323 approves;
2286-1125
2324+1143
22872325 (b) a representative of the board described in Section 53B-1-402 whom the chair of the
2288-1126
2326+1144
22892327 board appoints;
2290-1127
2328+1145
22912329 (c) a representative of the Governor's Office of Economic Opportunity whom the
2292-1128
2330+1146
22932331 executive director of the Governor's Office of Economic Opportunity appoints;
2294-1129
2332+1147
22952333 (d) a representative from Talent Ready Utah; and
2296-1130
2334+1148
22972335 [(e) one member of the Senate whom the president of the Senate appoints;]
2298-1131
2336+1149
22992337 [(f) one member of the House of Representatives whom the speaker of the House of
2300-1132
2338+1150
23012339 Representatives appoints; and]
2302-1133
2340+- 34 - 03-07 14:50 4th Sub. (Green) H.B. 412
2341+1151
23032342 [(g)] (e) any other specialized industry experts whom a majority of the advisory council
2304-1134
2343+1152
23052344 may invite to participate as needed as nonvoting members.
2306-1135
2345+1153
23072346 (12) Talent Ready Utah shall provide staff support for an advisory council.
2308-1136
2347+1154
23092348 (13)(a) Two advisory council members appointed under Subsection (11)(a) shall serve
2310-1137
2349+1155
23112350 an initial term of two years.
2312-1138
2351+1156
23132352 (b) Except as described in Subsection (13)(a), all other advisory council members shall
2314-1139
2353+1157
23152354 serve an initial term of four years.
2316-1140
2355+1158
23172356 (c) Successor advisory council members upon appointment or reappointment shall each
2318-1141
2357+1159
23192358 serve a term of four years.
2320-1142
2359+1160
23212360 (d) When a vacancy occurs in the membership for any reason, the initial appointing
2322-1143
2361+1161
23232362 authority shall appoint a replacement for the unexpired term.
2324-1144
2363+1162
23252364 (e) An advisory council member may not serve more than two consecutive terms.
2326-1145
2365+1163
23272366 (14) A vote of a majority of the advisory council members constitutes an action of the
2328-1146
2367+1164
23292368 advisory council.
2330-1147
2369+1165
23312370 (15) The duties of the advisory council include reviewing, prioritizing, and making
2332-1148
2371+1166
23332372 recommendations to the board regarding proposals for funding under the talent initiative
2334-1149
2373+1167
23352374 created in accordance with Subsection (2) for which the council was created.
2336-1150
2375+1168
23372376 (16) An advisory council member may not receive compensation or benefits for the
2338-- 34 - Enrolled Copy H.B. 412
2339-1151
2377+1169
23402378 member's service, but [an advisory council member who is not a legislator ]may receive
2341-1152
2379+1170
23422380 per diem and travel expenses in accordance with:
2343-1153
2381+1171
23442382 (a) Sections 63A-3-106 and 63A-3-107; and
2345-1154
2383+1172
23462384 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2347-1155
2385+1173
23482386 63A-3-107.
2349-1156
2387+1174
23502388 (17) The board may discontinue a talent initiative and the related talent advisory council by
2351-1157
2389+1175
23522390 majority vote.
2353-1158
2391+1176
23542392 Section 20. Section 54-10a-202 is amended to read:
2355-1159
2393+1177
23562394 54-10a-202 . Committee of Consumer Services.
2357-1160
2395+1178
23582396 (1)(a) There is created within the office a committee known as the "Committee of
2359-1161
2397+1179
23602398 Consumer Services."
2361-1162
2399+1180
23622400 (b) A member of the committee shall maintain the member's principal residence within
2363-1163
2401+1181
23642402 Utah.
2365-1164
2403+1182
23662404 (2)(a) The governor shall appoint five members to the committee subject to Subsection
2367-1165
2405+1183
23682406 (3).
2369-1166
2407+1184
23702408 (b) Except as required by Subsection (2)(c), as terms of current committee members
2371-1167
2409+- 35 - 4th Sub. (Green) H.B. 412 03-07 14:50
2410+1185
23722411 expire, the governor shall appoint a new member or reappointed member to a
2373-1168
2412+1186
23742413 four-year term.
2375-1169
2414+1187
23762415 (c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
2377-1170
2416+1188
23782417 time of appointment or reappointment, adjust the length of terms to ensure that the
2379-1171
2418+1189
23802419 terms of committee members are staggered so that approximately half of the
2381-1172
2420+1190
23822421 committee is appointed every two years.
2383-1173
2422+1191
23842423 (d) When a vacancy occurs in the membership for any reason, the governor shall appoint
2385-1174
2424+1192
23862425 a replacement for the unexpired term.
2387-1175
2426+1193
23882427 (3) Members of the committee shall represent the following consumer interests:
2389-1176
2428+1194
23902429 (a) one member shall be an individual with experience and understanding of issues
2391-1177
2430+1195
23922431 affecting low-income residents;
2393-1178
2432+1196
23942433 (b) one member shall be a retired person;
2395-1179
2434+1197
23962435 (c) one member shall be an individual with experience and understanding of issues
2397-1180
2436+1198
23982437 affecting small commercial consumers;
2399-1181
2438+1199
24002439 (d) one member shall be a farmer or rancher who uses electric power to pump water in
2401-1182
2440+1200
24022441 the member's farming or ranching operation; and
2403-1183
2442+1201
24042443 (e) one member shall be a residential consumer.
2405-1184
2406-[(4)(a) No more than three members of the committee may be from the same political
2407-- 35 - H.B. 412 Enrolled Copy
2408-1185
2409-party.]
2410-1186
2411-[(b)] (4) Subject to Subsection (3), for a member of the committee appointed on or after
2412-1187
2413-May 12, 2009, the governor shall appoint, to the extent possible, an individual with
2414-1188
2444+1202
2445+(4)(a) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than three
2446+1203
2447+members of the committee may be from the same political party.
2448+1204
2449+(b) Subject to Subsection (3), for a member of the committee appointed on or after May
2450+1205
2451+12, 2009, the governor shall appoint, to the extent possible, an individual with
2452+1206
24152453 expertise or experience in:
2416-1189
2417-[(i)] (a) public utility matters related to consumers;
2418-1190
2419-[(ii)] (b) economics;
2420-1191
2421-[(iii)] (c) accounting;
2422-1192
2423-[(iv)] (d) financing;
2424-1193
2425-[(v)] (e) engineering; or
2426-1194
2427-[(vi)] (f) public utilities law.
2428-1195
2454+1207
2455+(i) public utility matters related to consumers;
2456+1208
2457+(ii) economics;
2458+1209
2459+(iii) accounting;
2460+1210
2461+(iv) financing;
2462+1211
2463+(v) engineering; or
2464+1212
2465+(vi) public utilities law.
2466+1213
24292467 (5) The governor shall designate one member as chair of the committee.
2430-1196
2468+1214
24312469 (6) A member may not receive compensation or benefits for the member's service, but may
2432-1197
2470+1215
24332471 receive per diem and travel expenses in accordance with:
2434-1198
2472+1216
24352473 (a) Section 63A-3-106;
2436-1199
2474+1217
24372475 (b) Section 63A-3-107; and
2438-1200
2476+1218
24392477 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2440-1201
2478+- 36 - 03-07 14:50 4th Sub. (Green) H.B. 412
2479+1219
24412480 63A-3-107.
2442-1202
2481+1220
24432482 (7)(a) The committee may hold monthly meetings.
2444-1203
2483+1221
24452484 (b) The committee may hold other meetings, at the times and places the chair and a
2446-1204
2485+1222
24472486 majority of the committee determine.
2448-1205
2487+1223
24492488 (8)(a) Three members of the committee constitute a quorum of the committee.
2450-1206
2489+1224
24512490 (b) A majority of members voting when a quorum is present constitutes an action of the
2452-1207
2491+1225
24532492 committee.
2454-1208
2493+1226
24552494 Section 21. Section 63H-8-201 is amended to read:
2456-1209
2495+1227
24572496 63H-8-201 . Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
2458-1210
2497+1228
24592498 Quorum -- Per diem and expenses -- Annual conflict of interest disclosure statement --
2460-1211
2499+1229
24612500 Penalties.
2462-1212
2501+1230
24632502 (1)(a) There is created an independent body politic and corporate, constituting a public
2464-1213
2503+1231
24652504 corporation, known as the "Utah Housing Corporation."
2466-1214
2505+1232
24672506 (b) The corporation may also be known and do business as the:
2468-1215
2507+1233
24692508 (i) Utah Housing Finance Association; and
2470-1216
2509+1234
24712510 (ii) Utah Housing Finance Agency in connection with a contract entered into when
2472-1217
2511+1235
24732512 that was the corporation's legal name.
2474-1218
2513+1236
24752514 (c) No other entity may use the names described in Subsections (1)(a) and (b) without
2476-- 36 - Enrolled Copy H.B. 412
2477-1219
2515+1237
24782516 the express approval of the corporation.
2479-1220
2517+1238
24802518 (2) The corporation is governed by a board of trustees composed of the following nine
2481-1221
2519+1239
24822520 trustees:
2483-1222
2521+1240
24842522 (a) the executive director of the Department of Workforce Services or the executive
2485-1223
2523+1241
24862524 director's designee;
2487-1224
2525+1242
24882526 (b) the commissioner of the Department of Financial Institutions or the commissioner's
2489-1225
2527+1243
24902528 designee;
2491-1226
2529+1244
24922530 (c) the state treasurer or the treasurer's designee; and
2493-1227
2531+1245
24942532 (d) six public trustees, who are private citizens of the state, as follows:
2495-1228
2533+1246
24962534 (i) two people who represent the mortgage lending industry;
2497-1229
2535+1247
24982536 (ii) two people who represent the home building and real estate industry; and
2499-1230
2537+1248
25002538 (iii) two people who represent the public at large.
2501-1231
2539+1249
25022540 (3) The governor shall:
2503-1232
2541+1250
25042542 (a) appoint the six public trustees of the corporation with the advice and consent of the
2505-1233
2543+1251
25062544 Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
2507-1234
2508-(b) ensure that[:] the six public trustees are from different counties and are residents of
2509-1235
2510-the state.
2511-1236
2512-[(i) the six public trustees are from different counties and are residents of the state;
2513-1237
2514-and]
2515-1238
2516-[(ii) not more than three of the public trustees are members of the same political party.]
2517-1239
2545+1252
2546+(b) ensure that:
2547+- 37 - 4th Sub. (Green) H.B. 412 03-07 14:50
2548+1253
2549+(i) the six public trustees are from different counties and are residents of the state; and
2550+1254
2551+(ii) [not] except as provided in Subsection 67-1-2.5(15)(a), no more than three of the
2552+1255
2553+public trustees are members of the same political party.
2554+1256
25182555 (4)(a) Except as required by Subsection (4)(b), the governor shall appoint the six public
2519-1240
2556+1257
25202557 trustees to terms of office of four years each.
2521-1241
2558+1258
25222559 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2523-1242
2560+1259
25242561 time of appointment or reappointment, adjust the length of terms to ensure that the
2525-1243
2562+1260
25262563 terms of corporation trustees are staggered so that approximately half of the board is
2527-1244
2564+1261
25282565 appointed every two years.
2529-1245
2566+1262
25302567 (5)(a) A public trustee of the corporation may be removed from office for cause either
2531-1246
2568+1263
25322569 by the governor or by an affirmative vote of six trustees of the corporation.
2533-1247
2570+1264
25342571 (b) When a vacancy occurs in the board of trustees for any reason, the replacement shall
2535-1248
2572+1265
25362573 be appointed for the unexpired term.
2537-1249
2574+1266
25382575 (c) A public trustee shall hold office for the term of appointment and until the trustee's
2539-1250
2576+1267
25402577 successor has been appointed and qualified.
2541-1251
2578+1268
25422579 (d) A public trustee is eligible for reappointment but may not serve more than two full
2543-1252
2580+1269
25442581 consecutive terms.
2545-- 37 - H.B. 412 Enrolled Copy
2546-1253
2582+1270
25472583 (6)(a) The governor shall select the chair of the corporation.
2548-1254
2584+1271
25492585 (b) The trustees shall elect from among their number a vice chair and other officers they
2550-1255
2586+1272
25512587 may determine.
2552-1256
2588+1273
25532589 (7)(a) Five trustees of the corporation constitute a quorum for transaction of business.
2554-1257
2590+1274
25552591 (b) An affirmative vote of at least five trustees is necessary for any action to be taken by
2556-1258
2592+1275
25572593 the corporation.
2558-1259
2594+1276
25592595 (c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
2560-1260
2596+1277
25612597 all rights and perform all duties of the corporation.
2562-1261
2598+1278
25632599 (8) A trustee may not receive compensation or benefits for the trustee's service, but may
2564-1262
2600+1279
25652601 receive per diem and travel expenses in accordance with:
2566-1263
2602+1280
25672603 (a) Section 63A-3-106;
2568-1264
2604+1281
25692605 (b) Section 63A-3-107; and
2570-1265
2606+1282
25712607 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
2572-1266
2608+1283
25732609 63A-3-107.
2574-1267
2610+1284
25752611 (9) A trustee shall, no sooner than January 1 and no later than January 31 of each year
2576-1268
2612+1285
25772613 during which the trustee holds office on the board of trustees:
2578-1269
2614+1286
25792615 (a) prepare a written conflict of interest disclosure statement that contains a response to
2580-1270
2616+- 38 - 03-07 14:50 4th Sub. (Green) H.B. 412
2617+1287
25812618 each item of information described in Subsection 20A-11-1604(6); and
2582-1271
2619+1288
25832620 (b) submit the written disclosure statement to the administrator or clerk of the board of
2584-1272
2621+1289
25852622 trustees.
2586-1273
2623+1290
25872624 (10)(a) No later than 10 business days after the date on which the trustee submits the
2588-1274
2625+1291
25892626 written disclosure statement described in Subsection (9) to the administrator or clerk
2590-1275
2627+1292
25912628 of the board of trustees, the administrator or clerk shall:
2592-1276
2629+1293
25932630 (i) post a copy of the written disclosure statement on the corporation's website; and
2594-1277
2631+1294
25952632 (ii) provide the lieutenant governor with a link to the electronic posting described in
2596-1278
2633+1295
25972634 Subsection (10)(a)(i).
2598-1279
2635+1296
25992636 (b) The administrator or clerk shall ensure that the trustee's written disclosure statement
2600-1280
2637+1297
26012638 remains posted on the corporation's website until the trustee leaves office.
2602-1281
2639+1298
26032640 (11) The administrator or clerk of the board of trustees shall take the action described in
2604-1282
2641+1299
26052642 Subsection (12) if:
2606-1283
2643+1300
26072644 (a) a trustee fails to timely file the written disclosure statement described in Subsection
2608-1284
2645+1301
26092646 (9); or
2610-1285
2647+1302
26112648 (b) a submitted written disclosure statement does not comply with the requirements of
2612-1286
2649+1303
26132650 Subsection 20A-11-1604(6).
2614-- 38 - Enrolled Copy H.B. 412
2615-1287
2651+1304
26162652 (12) If a circumstance described in Subsection (11) occurs, the administrator or clerk of the
2617-1288
2653+1305
26182654 board of trustees shall, within five days after the day on which the administrator or clerk
2619-1289
2655+1306
26202656 determines that a violation occurred, notify the trustee of the violation and direct the
2621-1290
2657+1307
26222658 trustee to submit an amended written disclosure statement correcting the problem.
2623-1291
2659+1308
26242660 (13)(a) It is unlawful for a trustee to fail to submit or amend a written disclosure
2625-1292
2661+1309
26262662 statement within seven days after the day on which the trustee receives the notice
2627-1293
2663+1310
26282664 described in Subsection (12).
2629-1294
2665+1311
26302666 (b) A trustee who violates Subsection (13)(a) is guilty of a class B misdemeanor.
2631-1295
2667+1312
26322668 (c) The administrator or clerk of the board of trustees shall report a violation of
2633-1296
2669+1313
26342670 Subsection (13)(a) to the attorney general.
2635-1297
2671+1314
26362672 (d) In addition to the criminal penalty described in Subsection (13)(b), the administrator
2637-1298
2673+1315
26382674 or clerk of the board of trustees shall impose a civil fine of $100 against a member
2639-1299
2675+1316
26402676 who violates Subsection (13)(a).
2641-1300
2677+1317
26422678 (14) The administrator or clerk of the board shall deposit a fine collected under this section
2643-1301
2679+1318
26442680 into the corporation's account to pay for the costs of administering this section.
2645-1302
2681+1319
26462682 (15) In addition to the written disclosure statement described in Subsection (9), a trustee
2647-1303
2683+1320
26482684 described in Subsection (2)(d) shall also comply with the conflict of interest provisions
2649-1304
2685+- 39 - 4th Sub. (Green) H.B. 412 03-07 14:50
2686+1321
26502687 described in Section 63G-24-301.
2651-1305
2688+1322
26522689 Section 22. Section 63M-15-201 is amended to read:
2653-1306
2690+1323
26542691 63M-15-201 . Composition -- Appointments -- Terms -- Removal.
2655-1307
2692+1324
26562693 (1) There is created within the governor's office the ["]Utah Marriage Commission.["]
2657-1308
2694+1325
26582695 [(2) The commission comprises at least 10 members but no more than 30 members,
2659-1309
2696+1326
26602697 appointed as follows:]
2661-1310
2698+1327
26622699 [(a) the president of the Senate shall appoint two members of the Senate;]
2663-1311
2700+1328
26642701 [(b) the speaker of the House of Representatives shall appoint two members of the
2665-1312
2702+1329
26662703 House of Representatives;]
2667-1313
2704+1330
26682705 [(c)] (2) [the ] The governor, or commission leadership under Section 63M-15-202, shall
2669-1314
2706+1331
26702707 appoint up to 28 commission members that:
2671-1315
2708+1332
26722709 [(i)] (a) may come from the following groups:
2673-1316
2710+1333
26742711 [(A)] (i) non-profit organizations or governmental agencies;
2675-1317
2712+1334
26762713 [(B)] (ii) social workers who are, or have been, licensed under Title 58, Chapter 60,
2677-1318
2714+1335
26782715 Part 2, Social Worker Licensing Act;
2679-1319
2716+1336
26802717 [(C)] (iii) psychologists who are, or have been, licensed under Title 58, Chapter 61,
2681-1320
2718+1337
26822719 Psychologist Licensing Act;
2683-- 39 - H.B. 412 Enrolled Copy
2684-1321
2720+1338
26852721 [(D)] (iv) physicians who are, or have been, board certified in psychiatry and are, or
2686-1322
2722+1339
26872723 have been, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2688-1323
2724+1340
26892725 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2690-1324
2726+1341
26912727 [(E)] (v) marriage and family therapists who are, or have been, licensed under Title
2692-1325
2728+1342
26932729 58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
2694-1326
2730+1343
26952731 [(F)] (vi) representatives of faith communities;
2696-1327
2732+1344
26972733 [(G)] (vii) public health professionals;
2698-1328
2734+1345
26992735 [(H)] (viii) representatives of domestic violence prevention organizations;
2700-1329
2736+1346
27012737 [(I)] (ix) academics from marriage and family studies departments, social or
2702-1330
2738+1347
27032739 behavioral sciences departments, health sciences departments, colleges of law, or
2704-1331
2740+1348
27052741 other related and supporting departments at institutions of higher education in this
2706-1332
2742+1349
27072743 state;
2708-1333
2744+1350
27092745 [(J)] (x) the general public;
2710-1334
2746+1351
27112747 [(K)] (xi) individuals with marketing or public relations experience; and
2712-1335
2748+1352
27132749 [(L)] (xii) legal professionals; or
2714-1336
2750+1353
27152751 [(ii)] (b) have skills or expertise the commission requires to fulfill the commission's
2716-1337
2752+1354
27172753 duties described in Section 63M-15-204.
2718-1338
2754+- 40 - 03-07 14:50 4th Sub. (Green) H.B. 412
2755+1355
27192756 (3)(a) An individual appointed under Subsection [(2)(c)] (2) shall serve for a term of four
2720-1339
2757+1356
27212758 years.
2722-1340
2759+1357
27232760 (b) If approved by the commission, an individual may be appointed for subsequent terms.
2724-1341
2761+1358
27252762 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2726-1342
2763+1359
27272764 appointed by the applicable appointing authority for the remainder of the unexpired
2728-1343
2765+1360
27292766 term of the original appointment.
2730-1344
2767+1361
27312768 (d) Upon majority vote within commission leadership, commission leadership may
2732-1345
2769+1362
27332770 remove a member of the commission if the member is unable to serve.
2734-1346
2771+1363
27352772 (e) Commission leadership may appoint as many non-voting members as necessary if
2736-1347
2773+1364
27372774 the individuals appointed have skills or expertise related to the commission's duties,
2738-1348
2775+1365
27392776 described in Section 63M-15-204.
2740-1349
2777+1366
27412778 Section 23. Section 63N-7-201 is amended to read:
2742-1350
2779+1367
27432780 63N-7-201 . Board of Tourism created -- Members -- Meetings -- Expenses.
2744-1351
2781+1368
27452782 (1) There is created within the tourism office the Board of Tourism Development.
2746-1352
2783+1369
27472784 (2)(a) The board shall consist of 15 members appointed or reappointed by the governor
2748-1353
2785+1370
27492786 to four-year terms with the advice and consent of the Senate.
2750-1354
2787+1371
27512788 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2752-- 40 - Enrolled Copy H.B. 412
2753-1355
2789+1372
27542790 time of appointment or reappointment, adjust the length of terms to ensure that the
2755-1356
2791+1373
27562792 terms of board members are staggered so that approximately half of the board is
2757-1357
2793+1374
27582794 appointed every two years.
2759-1358
2795+1375
27602796 (3) The members may not serve more than two full consecutive terms unless the governor
2761-1359
2797+1376
27622798 determines that an additional term is in the best interest of the state.
2763-1360
2764-[(4) Not more than eight members of the board may be from the same political party.]
2765-1361
2766-[(5)] (4)(a) The members shall be representative of:
2767-1362
2799+1377
2800+(4) [Not] Except as provided in Subsection 67-1-2.5(15)(a), no more than eight members of
2801+1378
2802+the board may be from the same political party.
2803+1379
2804+(5)(a) The members shall be representative of:
2805+1380
27682806 (i) all areas of the state with six being appointed from separate geographical areas as
2769-1363
2770-provided in Subsection [(5)(b)] (4)(b); and
2771-1364
2807+1381
2808+provided in Subsection (5)(b); and
2809+1382
27722810 (ii) a diverse mix of business ownership or executive management of tourism related
2773-1365
2811+1383
27742812 industries.
2775-1366
2813+1384
27762814 (b) The geographical representatives shall be appointed as follows:
2777-1367
2815+1385
27782816 (i) one member from Salt Lake, Tooele, or Morgan County;
2779-1368
2817+1386
27802818 (ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
2781-1369
2819+1387
27822820 (iii) one member from Utah, Summit, Juab, or Wasatch County;
2783-1370
2821+1388
27842822 (iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
2785-1371
2823+- 41 - 4th Sub. (Green) H.B. 412 03-07 14:50
2824+1389
27862825 (v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
2787-1372
2826+1390
27882827 (vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
2789-1373
2828+1391
27902829 (c) The tourism industry representatives of ownership or executive management shall be
2791-1374
2830+1392
27922831 appointed as follows:
2793-1375
2832+1393
27942833 (i) one member from ownership or executive management of the lodging industry, as
2795-1376
2834+1394
27962835 recommended by the tourism industry for the governor's consideration;
2797-1377
2836+1395
27982837 (ii) one member from ownership or executive management of the restaurant industry,
2799-1378
2838+1396
28002839 as recommended by the restaurant industry for the governor's consideration;
2801-1379
2840+1397
28022841 (iii) one member from ownership or executive management of the ski industry, as
2803-1380
2842+1398
28042843 recommended by the ski industry for the governor's consideration; and
2805-1381
2844+1399
28062845 (iv) one member from ownership or executive management of a tourism-related
2807-1382
2846+1400
28082847 transportation provider, as recommended by the tourism industry for the
2809-1383
2848+1401
28102849 governor's consideration.
2811-1384
2850+1402
28122851 (d) One member shall be appointed at large from ownership or executive management of
2813-1385
2852+1403
28142853 business, finance, economic policy, or the academic media marketing community.
2815-1386
2854+1404
28162855 (e) One member shall be appointed from the Utah Tourism Industry Association, as
2817-1387
2856+1405
28182857 recommended by the association for the governor's consideration.
2819-1388
2858+1406
28202859 (f) One member shall be appointed to represent the state's counties, as recommended by
2821-- 41 - H.B. 412 Enrolled Copy
2822-1389
2860+1407
28232861 the Utah Association of Counties for the governor's consideration.
2824-1390
2862+1408
28252863 (g) One member shall be appointed from an arts and cultural organization, as
2826-1391
2864+1409
28272865 recommended by the arts and cultural community for the governor's consideration.
2828-1392
2866+1410
28292867 (h) One member shall be appointed to represent the outdoor recreation industry, as
2830-1393
2868+1411
28312869 recommended by the outdoor recreation industry for the governor's consideration.
2832-1394
2870+1412
28332871 (i)(i) The governor may choose to disregard a recommendation made for the board
2834-1395
2835-members described in Subsections [(5)(c)] (4)(c), (e), and (f) through (h).
2836-1396
2872+1413
2873+members described in Subsections (5)(c), (e), and (f) through (h).
2874+1414
28372875 (ii) The governor shall request additional recommendations if recommendations are
2838-1397
2839-disregarded under Subsection [(5)(i)(i)] (4)(i)(i).
2840-1398
2841-[(6)] (5) When a vacancy occurs in the membership for any reason, the governor shall, with
2842-1399
2843-the advice and consent of the Senate, appoint a replacement for the unexpired term from
2844-1400
2845-the same geographic area or industry representation as the member whose office was
2846-1401
2876+1415
2877+disregarded under Subsection (5)(i)(i).
2878+1416
2879+(6) When a vacancy occurs in the membership for any reason, the governor shall, with the
2880+1417
2881+advice and consent of the Senate, appoint a replacement for the unexpired term from the
2882+1418
2883+same geographic area or industry representation as the member whose office was
2884+1419
28472885 vacated.
2848-1402
2849-[(7)] (6) Eight members of the board constitute a quorum for conducting board business and
2850-1403
2886+1420
2887+(7) Eight members of the board constitute a quorum for conducting board business and
2888+1421
28512889 exercising board powers.
2852-1404
2853-[(8)] (7) The governor shall select one of the board members as chair and one of the board
2854-1405
2890+1422
2891+(8) The governor shall select one of the board members as chair and one of the board
2892+- 42 - 03-07 14:50 4th Sub. (Green) H.B. 412
2893+1423
28552894 members as vice chair, each for a four-year term as recommended by the board for the
2856-1406
2895+1424
28572896 governor's consideration.
2858-1407
2859-[(9)] (8) A member may not receive compensation or benefits for the member's service, but
2860-1408
2861-may receive per diem and travel expenses in accordance with:
2862-1409
2897+1425
2898+(9) A member may not receive compensation or benefits for the member's service, but may
2899+1426
2900+receive per diem and travel expenses in accordance with:
2901+1427
28632902 (a) Section 63A-3-106;
2864-1410
2903+1428
28652904 (b) Section 63A-3-107; and
2866-1411
2905+1429
28672906 (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2868-1412
2869-[(10)] (9) The board shall meet monthly or as often as the board determines to be necessary
2870-1413
2871-at various locations throughout the state.
2872-1414
2873-[(11)] (10) Members who may have a potential conflict of interest in consideration of fund
2874-1415
2907+1430
2908+(10) The board shall meet monthly or as often as the board determines to be necessary at
2909+1431
2910+various locations throughout the state.
2911+1432
2912+(11) Members who may have a potential conflict of interest in consideration of fund
2913+1433
28752914 allocation decisions shall identify the potential conflict prior to voting on the issue.
2876-1416
2877-[(12)] (11)(a) The board shall determine attendance requirements for maintaining a
2878-1417
2879-designated board seat.
2880-1418
2915+1434
2916+(12)(a) The board shall determine attendance requirements for maintaining a designated
2917+1435
2918+board seat.
2919+1436
28812920 (b) If a board member fails to attend according to the requirements established pursuant
2882-1419
2921+1437
28832922 to Subsection (12)(a), the board member shall be replaced upon written certification
2884-1420
2923+1438
28852924 from the board chair or vice chair to the governor.
2886-1421
2925+1439
28872926 (c) A replacement appointed by the governor under Subsection (12)(b) shall serve for
2888-1422
2927+1440
28892928 the remainder of the board member's unexpired term.
2890-- 42 - Enrolled Copy H.B. 412
2891-1423
2892-[(13)] (12)(a) The board's office shall be in Salt Lake City.
2893-1424
2929+1441
2930+(13)(a) The board's office shall be in Salt Lake City.
2931+1442
28942932 (b) The tourism office shall provide staff support to the board.
2895-1425
2896-Section 24. Section 67-8-4 is amended to read:
2897-1426
2933+1443
2934+Section 24. Section 67-1-2.5 is amended to read:
2935+1444
2936+67-1-2.5 . Executive boards -- Database -- Governor's review of new boards --
2937+1445
2938+Creation of boards and commissions -- Inactive boards.
2939+1446
2940+(1) As used in this section:
2941+1447
2942+(a) "Administrator" means the boards and commissions administrator designated under
2943+1448
2944+Subsection (3).
2945+1449
2946+(b) "Executive board" means an executive branch board, commission, council,
2947+1450
2948+committee, working group, task force, study group, advisory group, or other body:
2949+1451
2950+(i) with a defined limited membership;
2951+1452
2952+(ii) that is created by the constitution, by statute, by executive order, by the governor,
2953+1453
2954+lieutenant governor, attorney general, state auditor, or state treasurer or by the
2955+1454
2956+head of a department, division, or other administrative subunit of the executive
2957+1455
2958+branch of state government; and
2959+1456
2960+(iii) that is created to operate for more than six months.
2961+- 43 - 4th Sub. (Green) H.B. 412 03-07 14:50
2962+1457
2963+(c) "Inactive board" means a board that does not need to function at the present time, but
2964+1458
2965+may need to function in the future.
2966+1459
2967+(d) "Interim committee" means the same as that term is defined in Legislative Joint
2968+1460
2969+Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative
2970+1461
2971+Committees.
2972+1462
2973+(2)(a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
2974+1463
2975+following the year in which a new executive board is created in statute, the governor
2976+1464
2977+shall:
2978+1465
2979+(i) review the executive board to evaluate:
2980+1466
2981+(A) whether the executive board accomplishes a substantial governmental interest;
2982+1467
2983+and
2984+1468
2985+(B) whether it is necessary for the executive board tocontinue to exist;
2986+1469
2987+(ii) in the governor's review described in Subsection (2)(a)(i), consider:
2988+1470
2989+(A) the funding required for the executive board;
2990+1471
2991+(B) the staffing resources required for the executive board;
2992+1472
2993+(C) the time members of the executive board are required to commit to serve on
2994+1473
2995+the executive board; and
2996+1474
2997+(D) whether the responsibilities of the executive board could reasonably be
2998+1475
2999+accomplished through an existing entity or without statutory direction; and
3000+1476
3001+(iii) submit a report to the Government Operations Interim Committee recommending
3002+1477
3003+that the Legislature:
3004+1478
3005+(A) repeal the executive board;
3006+1479
3007+(B) add a sunset provision or future repeal date to the executive board;
3008+1480
3009+(C) make other changes to make the executive board more efficient; or
3010+1481
3011+(D) make no changes to the executive board.
3012+1482
3013+(b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
3014+1483
3015+deference to:
3016+1484
3017+(i) reducing the size of government; and
3018+1485
3019+(ii) making governmental programs more efficient and effective.
3020+1486
3021+(c) The governor is not required to conduct the review or submit the report described in
3022+1487
3023+Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I,
3024+1488
3025+Chapter 1, Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal
3026+1489
3027+Dates by Title Act.
3028+1490
3029+(3)(a) The governor shall designate a board and commissions administrator from the
3030+- 44 - 03-07 14:50 4th Sub. (Green) H.B. 412
3031+1491
3032+governor's staff to maintain a computerized database containing information about all
3033+1492
3034+executive boards.
3035+1493
3036+(b) The administrator shall ensure that the database contains:
3037+1494
3038+(i) the name of each executive board;
3039+1495
3040+(ii) the current statutory or constitutional authority for the creation of the executive
3041+1496
3042+board;
3043+1497
3044+(iii) the sunset date on which each executive board's statutory authority expires;
3045+1498
3046+(iv) the state officer or department and division of state government under whose
3047+1499
3048+jurisdiction the executive board operates or with which the executive board is
3049+1500
3050+affiliated, if any;
3051+1501
3052+(v) the name, address, gender, telephone number, and county of each individual
3053+1502
3054+currently serving on the executive board, along with a notation of all vacant or
3055+1503
3056+unfilled positions;
3057+1504
3058+(vi) the title of the position held by the person who appointed each member of the
3059+1505
3060+executive board;
3061+1506
3062+(vii) the length of the term to which each member of the executive board was
3063+1507
3064+appointed and the month and year that each executive board member's term
3065+1508
3066+expires;
3067+1509
3068+(viii) whether members appointed to the executive board require the advice and
3069+1510
3070+consent of the Senate;
3071+1511
3072+(ix) the organization, interest group, profession, local government entity, or
3073+1512
3074+geographic area that an individual appointed to an executive board represents, if
3075+1513
3076+any;
3077+1514
3078+(x) the party affiliation of an individual appointed to an executive board, if the statute
3079+1515
3080+or executive order creating the position requires representation from political
3081+1516
3082+parties;
3083+1517
3084+(xi) whether each executive board is a policy board or an advisory board;
3085+1518
3086+(xii) whether the executive board has or exercises rulemaking authority, or is a
3087+1519
3088+rulemaking board as defined in Section 63G-24-102; and
3089+1520
3090+(xiii) any compensation and expense reimbursement that members of the executive
3091+1521
3092+board are authorized to receive.
3093+1522
3094+(4) The administrator shall ensure the governor's website includes:
3095+1523
3096+(a) the information contained in the database, except for an individual's:
3097+1524
3098+(i) physical address;
3099+- 45 - 4th Sub. (Green) H.B. 412 03-07 14:50
3100+1525
3101+(ii) email address; and
3102+1526
3103+(iii) telephone number;
3104+1527
3105+(b) a portal, accessible on each executive board's web page within the governor's
3106+1528
3107+website, through which a member of the public may provide input on:
3108+1529
3109+(i) an individual appointed to serve on the executive board; or
3110+1530
3111+(ii) a sitting member of the executive board;
3112+1531
3113+(c) each report the administrator receives under Subsection (5); and
3114+1532
3115+(d) the summary report described in Subsection (6).
3116+1533
3117+(5)(a) Before August 1, in each even-numbered year, each executive board shall prepare
3118+1534
3119+and submit to the administrator a report that includes:
3120+1535
3121+(i) the name of the executive board;
3122+1536
3123+(ii) a description of the executive board's official function and purpose;
3124+1537
3125+(iii) a description of the actions taken by the executive board since the last report the
3126+1538
3127+executive board submitted to the administrator under this Subsection (5);
3128+1539
3129+(iv) recommendations on whether any statutory, rule, or other changes are needed to
3130+1540
3131+make the executive board more effective; and
3132+1541
3133+(v) an indication of whether the executive board should continue to exist.
3134+1542
3135+(b) The administrator shall compile and post the reports described in Subsection (5)(a) to
3136+1543
3137+the governor's website before September 1 of a calendar year in which the
3138+1544
3139+administrator receives a report described in Subsection (5)(a).
3140+1545
3141+(6)(a) Before September 1 of a calendar year in which the administrator receives a report
3142+1546
3143+described in Subsection (5)(a), the administrator shall prepare a report that includes:
3144+1547
3145+(i) as of July 1 of that year, the total number of executive boards that exist;
3146+1548
3147+(ii) a summary of the reports submitted to the administrator under Subsection (5),
3148+1549
3149+including:
3150+1550
3151+(A) a list of each executive board that submitted a report under Subsection (5);
3152+1551
3153+(B) a list of each executive board that failed to timely submit a report under
3154+1552
3155+Subsection (5);
3156+1553
3157+(C) an indication of any recommendations made under Subsection (5)(a)(iv);
3158+1554
3159+(D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
3160+1555
3161+executive board should no longer exist; and
3162+1556
3163+(E) a recommendation regarding whether the administrator recommends the
3164+1557
3165+executive board should continue to exist; and
3166+1558
3167+(iii) a list of each executive board, identified and reported by the Division of
3168+- 46 - 03-07 14:50 4th Sub. (Green) H.B. 412
3169+1559
3170+Archives and Record Services under Section 63A-16-601, that did not post a
3171+1560
3172+notice of a public meeting on the Utah Public Notice Website during the previous
3173+1561
3174+fiscal year.
3175+1562
3176+(b) On or before September 1 of a calendar year in which the administrator prepares a
3177+1563
3178+report described in Subsection (6)(a), in accordance with Section 68-3-14, the
3179+1564
3180+administrator shall submit the report to:
3181+1565
3182+(i) the president of the Senate;
3183+1566
3184+(ii) the speaker of the House of Representatives; and
3185+1567
3186+(iii) the Government Operations Interim Committee.
3187+1568
3188+(c)(i) Within 60 days after the day on which an executive board fails to timely submit
3189+1569
3190+a report under Subsection (5), a legislative interim committee shall conduct a
3191+1570
3192+review to determine whether to recommend repeal of the executive board.
3193+1571
3194+(ii) The Office of Legislative Research and General Counsel shall notify the chairs of
3195+1572
3196+an interim committee whose subject area most closely relates to an executive
3197+1573
3198+board described in Subsection (6)(c)(i) of:
3199+1574
3200+(A) the name of the board;
3201+1575
3202+(B) information regarding the function of the board; and
3203+1576
3204+(C) the deadline by which the interim committee is required to conduct a review
3205+1577
3206+described in Subsection (6)(c)(i).
3207+1578
3208+(iii) If there is not an interim committee with a subject area relating to the executive
3209+1579
3210+board, or if the interim committee described in Subsection (6)(c)(ii) is unable to
3211+1580
3212+timely conduct the review described in Subsection (6)(c), the Government
3213+1581
3214+Operations Interim Committee shall conduct the review.
3215+1582
3216+(iv) If an interim committee recommends that an executive board described in
3217+1583
3218+Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General
3219+1584
3220+Counsel shall draft a bill repealing the executive board.
3221+1585
3222+(7) The Legislature may not create an executive board except through a bill that receives a
3223+1586
3224+favorable recommendation by unanimous vote of an interim committee.
3225+1587
3226+(8) Except for an executive board created by the Utah Constitution, an interim committee
3227+1588
3228+may determine that an executive board is an inactive board and recommend that the
3229+1589
3230+governor deactivate the executive board.
3231+1590
3232+(9) Except for an executive board created by the Utah Constitution, an interim committee
3233+1591
3234+may recommend that the governor reactivate a deactivated executive board.
3235+1592
3236+(10) If an interim committee recommends that the governor deactivate or reactivate an
3237+- 47 - 4th Sub. (Green) H.B. 412 03-07 14:50
3238+1593
3239+executive board, the chairs of the interim committee shall submit a written notice
3240+1594
3241+identifying the name of the executive board and the reason for the recommendation to:
3242+1595
3243+(a) the governor;
3244+1596
3245+(b) the chairs of the Legislative Management Committee;
3246+1597
3247+(c) the administrator, as defined in Section 67-1-2.5; and
3248+1598
3249+(d) the executive branch agency that oversees the board.
3250+1599
3251+(11) Except for an executive board created by the Utah Constitution, the Legislature may
3252+1600
3253+deactivate or reactivate an executive board by concurrent resolution.
3254+1601
3255+(12)(a) Except as provided in Subsection (12)(c), the governor may determine that an
3256+1602
3257+executive board is an inactive board:
3258+1603
3259+(i) in response to the recommendation of an interim committee; or
3260+1604
3261+(ii) based on the governor's own determination.
3262+1605
3263+(b) Except as provided in Subsection (12)(c), if the governor determines that an
3264+1606
3265+executive board is an inactive board, the governor may deactivate the executive board.
3266+1607
3267+(c) The governor may not deactivate an executive board if:
3268+1608
3269+(i) the executive board is created by the Utah Constitution;
3270+1609
3271+(ii) within the previous one-year period, the Legislature created the executive board,
3272+1610
3273+reauthorized the executive board, or, by concurrent resolution, reactivated the
3274+1611
3275+executive board; or
3276+1612
3277+(iii) the board is created by a statute that expressly prohibits the governor from
3278+1613
3279+deactivating the executive board.
3280+1614
3281+(d) An executive board that the governor deactivates under Subsection (12)(b), or that
3282+1615
3283+the Legislature deactivates by concurrent resolution, may not take an action or fulfill
3284+1616
3285+a duty that the executive board is otherwise statutorily authorized to take or fulfill.
3286+1617
3287+(13)(a) Except as provided in Subsection (13)(c), the governor may determine that a
3288+1618
3289+deactivated executive board should be reactivated.
3290+1619
3291+(b) Except as provided in Subsection (13)(c), if the governor determines that a
3292+1620
3293+deactivated executive board should be reactivated, the governor may reactivate the
3294+1621
3295+executive board.
3296+1622
3297+(c) The governor may not reactivate an executive board if:
3298+1623
3299+(i) within the previous one-year period, the Legislature deactivated the executive
3300+1624
3301+board by concurrent resolution; or
3302+1625
3303+(ii) the board is created by a statute that expressly prohibits the governor from
3304+1626
3305+reactivating the executive board.
3306+- 48 - 03-07 14:50 4th Sub. (Green) H.B. 412
3307+1627
3308+(d) An executive board that the governor reactivates under Subsection (13)(b), or that
3309+1628
3310+the Legislature reactivates by concurrent resolution, may take an action or fulfill a
3311+1629
3312+duty that the executive board is statutorily authorized to take or fulfill.
3313+1630
3314+(14) Before the governor deactivates or reactivates an executive board under this section,
3315+1631
3316+the governor shall submit a written notice identifying the name of the board and the
3317+1632
3318+reason the governor has determined to deactivate or reactivate the executive board to:
3319+1633
3320+(a) the chairs of the Legislative Management Committee;
3321+1634
3322+(b) the chairs of the Government Operations Interim Committee;
3323+1635
3324+(c) the administrator, as defined in Section 67-1-2.5; and
3325+1636
3326+(d) the executive branch agency that oversees the board.
3327+1637
3328+(15)(a) Except as provided in Subsection (15)(b), if the governor is prohibited from
3329+1638
3330+appointing more than a certain number of individuals to an executive board who are
3331+1639
3332+members of the same political party, the governor may appoint more than that
3333+1640
3334+number if, before making the appointment, the governor first consults with the
3335+1641
3336+minority leader of the House of Representatives and the minority leader of the Senate
3337+1642
3338+to determine if there are other individuals the governor may consider appointing to
3339+1643
3340+the executive board.
3341+1644
3342+(b) Subsection (15)(a) does not apply to:
3343+1645
3344+(i) the Public Service Commission created in Section 54-1-1; or
3345+1646
3346+(ii) an executive board that is required to have a legislator as a member.
3347+1647
3348+Section 25. Section 67-8-4 is amended to read:
3349+1648
28983350 67-8-4 . State Elected Official and Judicial Compensation Commission created --
2899-1427
3351+1649
29003352 Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum --
2901-1428
3353+1650
29023354 Compensation -- Staff.
2903-1429
3355+1651
29043356 (1) There is created a state Elected Official and Judicial Compensation Commission
2905-1430
3357+1652
29063358 comprised of six members[, not more than three of whom may be from the same
2907-1431
3359+1653
29083360 political party,] appointed as follows:
2909-1432
3361+1654
29103362 (a) one member appointed by the governor;
2911-1433
3363+1655
29123364 (b) one member appointed by the president of the Senate;
2913-1434
3365+1656
29143366 (c) one member appointed by the speaker of the House of Representatives;
2915-1435
3367+1657
29163368 (d) two members appointed by the other three appointed members; and
2917-1436
3369+1658
29183370 (e) one member appointed by the State Bar Commission.
2919-1437
3371+1659
29203372 (2)(a) Except as required by Subsection (2)(b), all persons appointed to the commission
2921-1438
3373+1660
29223374 shall serve four-year terms or until their successors are duly appointed and qualified.
2923-1439
3375+- 49 - 4th Sub. (Green) H.B. 412 03-07 14:50
3376+1661
29243377 (b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority
2925-1440
3378+1662
29263379 shall, at the time of appointment or reappointment, adjust the length of terms to
2927-1441
3380+1663
29283381 ensure that the terms of commission members are staggered so that approximately
2929-1442
3382+1664
29303383 half of the commission is appointed every two years.
2931-1443
3384+1665
29323385 (3)(a) The commission shall select a chair and a vice chair from opposite political parties
2933-1444
3386+1666
29343387 at its first meeting.
2935-1445
3388+1667
29363389 (b) Four members of the commission constitute a quorum.
2937-1446
3390+1668
29383391 (c) The action of a majority of a quorum constitutes the action of the commission.
2939-1447
3392+1669
29403393 (4) When a vacancy occurs in the membership for any reason, the replacement shall be
2941-1448
3394+1670
29423395 appointed for the unexpired term.
2943-1449
3396+1671
29443397 (5) An individual may not serve as a member of the commission if the individual is a
2945-1450
3398+1672
29463399 member or employee of the legislative branch, judicial branch, or executive branch.
2947-1451
3400+1673
29483401 (6) A member may not receive compensation or benefits for the member's service, but may
2949-1452
3402+1674
29503403 receive per diem and travel expenses in accordance with:
2951-1453
3404+1675
29523405 (a) Section 63A-3-106;
2953-1454
3406+1676
29543407 (b) Section 63A-3-107; and
2955-1455
3408+1677
29563409 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2957-1456
3410+1678
29583411 63A-3-107.
2959-- 43 - H.B. 412 Enrolled Copy
2960-1457
3412+1679
29613413 (7) A nonpartisan office of the Legislature, selected by the president of the Senate and the
2962-1458
3414+1680
29633415 speaker of the House of Representatives, shall staff the commission.
2964-1459
2965-Section 25. Section 73-10-2 is amended to read:
2966-1460
3416+1681
3417+Section 26. Section 73-10-2 is amended to read:
3418+1682
29673419 73-10-2 . Board of Water Resources -- Members -- Appointment -- Terms --
2968-1461
3420+1683
29693421 Vacancies.
2970-1462
2971-(1)[(a)] The Board of Water Resources shall be comprised of nine members to be
2972-1463
3422+1684
3423+(1)(a) The Board of Water Resources shall be comprised of nine members to be
3424+1685
29733425 appointed by the governor with the advice and consent of the Senate in accordance
2974-1464
3426+1686
29753427 with Title 63G, Chapter 24, Part 2, Vacancies.
2976-1465
2977-[(b) In addition to the requirements of Section 79-2-203, not more than five members
2978-1466
2979-shall be from the same political party.]
2980-1467
3428+1687
3429+(b) [In addition to the requirements of Section 79-2-203, not] Except as provided in
3430+1688
3431+Subsection 67-1-2.5(15)(a), no more than five members of the board shall be from
3432+1689
3433+the same political party.
3434+1690
29813435 (2) [The] Subject to Section 79-2-203, the Board of Water Resources shall consist of:
2982-1468
3436+1691
29833437 (a) one member appointed from each of the following districts:
2984-1469
3438+1692
29853439 (i) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
2986-1470
3440+1693
29873441 (ii) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
2988-1471
3442+1694
29893443 (iii) Salt Lake District, comprising the counties of Salt Lake and Tooele;
2990-1472
3444+- 50 - 03-07 14:50 4th Sub. (Green) H.B. 412
3445+1695
29913446 (iv) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
2992-1473
3447+1696
29933448 (v) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
2994-1474
3449+1697
29953450 and Wayne;
2996-1475
3451+1698
29973452 (vi) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
2998-1476
3453+1699
29993454 (vii) Upper Colorado River District, comprising the counties of Carbon, Emery,
3000-1477
3455+1700
30013456 Grand, and San Juan; and
3002-1478
3457+1701
30033458 (viii) Lower Colorado River District, comprising the counties of Beaver, Garfield,
3004-1479
3459+1702
30053460 Iron, Washington, and Kane; and
3006-1480
3461+1703
30073462 (b) one member that represents the interests of the Great Salt Lake.
3008-1481
3463+1704
30093464 (3)(a) Except as required by Subsection (3)(b), all appointments shall be for terms of
3010-1482
3465+1705
30113466 four years.
3012-1483
3467+1706
30133468 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
3014-1484
3469+1707
30153470 time of appointment or reappointment, adjust the length of terms to ensure that the
3016-1485
3471+1708
30173472 terms of board members are staggered so that approximately half of the board is
3018-1486
3473+1709
30193474 appointed every two years.
3020-1487
3475+1710
30213476 (c) When a vacancy occurs in the membership for any reason, the governor shall appoint
3022-1488
3477+1711
30233478 a replacement member for the unexpired term, with the advice and consent of the
3024-1489
3479+1712
30253480 Senate, who:
3026-1490
3481+1713
30273482 (i) is from the same district as the individual leaving the board; or
3028-- 44 - Enrolled Copy H.B. 412
3029-1491
3483+1714
30303484 (ii) if the individual leaving the board is appointed under Subsection (2)(b),
3031-1492
3485+1715
30323486 represents the interests of the Great Salt Lake.
3033-1493
3487+1716
30343488 (4) A member may not receive compensation or benefits for the member's service, but may
3035-1494
3489+1717
30363490 receive per diem and travel expenses in accordance with:
3037-1495
3491+1718
30383492 (a) Section 63A-3-106;
3039-1496
3493+1719
30403494 (b) Section 63A-3-107; and
3041-1497
3495+1720
30423496 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3043-1498
3497+1721
30443498 63A-3-107.
3045-1499
3499+1722
30463500 (5) A member shall comply with the conflict of interest provisions described in Title 63G,
3047-1500
3501+1723
30483502 Chapter 24, Part 3, Conflicts of Interest.
3049-1501
3050-Section 26. Section 78A-12-201 is amended to read:
3051-1502
3503+1724
3504+Section 27. Section 78A-12-201 is amended to read:
3505+1725
30523506 78A-12-201 . Judicial Performance Evaluation Commission -- Creation --
3053-1503
3507+1726
30543508 Membership.
3055-1504
3509+1727
30563510 (1) There is created an independent commission called the Judicial Performance Evaluation
3057-1505
3511+1728
30583512 Commission consisting of 13 members, as follows:
3059-1506
3513+- 51 - 4th Sub. (Green) H.B. 412 03-07 14:50
3514+1729
30603515 (a) two members appointed by the president of the Senate, only one of whom may be a
3061-1507
3516+1730
30623517 member of the Utah State Bar;
3063-1508
3518+1731
30643519 (b) two members appointed by the speaker of the House of Representatives, only one of
3065-1509
3520+1732
30663521 whom may be a member of the Utah State Bar;
3067-1510
3522+1733
30683523 (c) four members appointed by the members of the Supreme Court, at least one of
3069-1511
3524+1734
30703525 whom, but not more than two of whom, may be a member of the Utah State Bar;
3071-1512
3526+1735
30723527 (d) four members appointed by the governor, at least one of whom, but not more than
3073-1513
3528+1736
30743529 two of whom, may be a member of the Utah State Bar; and
3075-1514
3530+1737
30763531 (e) the executive director of the Commission on Criminal and Juvenile Justice.
3077-1515
3532+1738
30783533 (2)(a) The president of the Senate and the speaker of the House of Representatives shall
3079-1516
3534+1739
30803535 confer when appointing members under Subsections (1)(a) and (b) to ensure that
3081-1517
3536+1740
30823537 there is at least one member from among their four appointees who is a member of
3083-1518
3538+1741
30843539 the Utah State Bar.
3085-1519
3086-[(b) Each of the appointing authorities may appoint no more than half of the appointing
3087-1520
3088-authority's members from the same political party.]
3089-1521
3090-[(c)] (b) A sitting legislator or a sitting judge may not serve as a commission member.
3091-1522
3092-(3)(a) A member appointed under Subsection (1) shall be appointed for a four-year term.
3093-1523
3540+1742
3541+(b) [Each of the appointing authorities] Except as provided in Subsection (3), each
3542+1743
3543+appointing authority may appoint no more than half of the appointing authority's
3544+1744
3545+members from the same political party.
3546+1745
3547+(c) A sitting legislator or a sitting judge may not serve as a commission member.
3548+1746
3549+(3) An appointing authority described in Subsection (1)(a), (b), or (d), may appoint more
3550+1747
3551+than half of the appointing authority's members from the same political party if, before
3552+1748
3553+making the appointment, the appointing authority first consults with the minority leader
3554+1749
3555+of the House of Representatives and the minority leader of the Senate to determine if
3556+1750
3557+there are other individuals the appointing authority may consider appointing to the
3558+1751
3559+commission.
3560+1752
3561+[(3)] (4)(a) A member appointed under Subsection (1) shall be appointed for a four-year
3562+1753
3563+term.
3564+1754
30943565 (b) A member may serve no more than three consecutive terms.
3095-1524
3096-(4) At the time of appointment, the terms of commission members shall be staggered so that
3097-- 45 - H.B. 412 Enrolled Copy
3098-1525
3099-approximately half of commission members' terms expire every two years.
3100-1526
3101-(5) When a vacancy occurs in the membership for any reason, the replacement shall be
3102-1527
3566+1755
3567+[(4)] (5) At the time of appointment, the terms of commission members shall be staggered
3568+1756
3569+so that approximately half of commission members' terms expire every two years.
3570+1757
3571+[(5)] (6) When a vacancy occurs in the membership for any reason, the replacement shall be
3572+1758
31033573 appointed for the unexpired term by the same appointing authority that appointed the
3104-1528
3574+1759
31053575 member creating the vacancy.
3106-1529
3107-(6)(a) Eight members of the commission constitute a quorum.
3108-1530
3576+1760
3577+[(6)] (7)(a) Eight members of the commission constitute a quorum.
3578+1761
31093579 (b) The action of a majority of the quorum constitutes the action of the commission,
3110-1531
3580+1762
31113581 except that the commission may not make a determination that a judge meets or
3112-1532
3582+- 52 - 03-07 14:50 4th Sub. (Green) H.B. 412
3583+1763
31133584 exceeds minimum performance standards, or that a judge does not meet or exceed
3114-1533
3585+1764
31153586 minimum performance standards, by a vote of less than six members.
3116-1534
3587+1765
31173588 (c) If, because of absences, the commission is unable to make a determination described
3118-1535
3119-in Subsection (6)(b) by at least six votes, the commission may meet a second time to
3120-1536
3121-make a determination.
3122-1537
3589+1766
3590+in Subsection [(6)(b)] (7)(b) by at least six votes, the commission may meet a second
3591+1767
3592+time to make a determination.
3593+1768
31233594 (d) If a vote on the question of whether a judge meets or exceeds minimum performance
3124-1538
3595+1769
31253596 standards or does not meet or exceed minimum performance standards ends in a tie
3126-1539
3597+1770
31273598 or does not pass by at least six votes, the record shall reflect that the commission
3128-1540
3599+1771
31293600 made no determination in relation to that judge.
3130-1541
3131-Section 27. Section 79-3-302 is amended to read:
3132-1542
3601+1772
3602+Section 28. Section 79-3-302 is amended to read:
3603+1773
31333604 79-3-302 . Members of board -- Qualifications and appointment -- Vacancies --
3134-1543
3605+1774
31353606 Organization -- Meetings -- Financial gain prohibited -- Expenses.
3136-1544
3607+1775
31373608 (1) The board consists of seven members appointed by the governor, with the advice and
3138-1545
3609+1776
31393610 consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3140-1546
3611+1777
31413612 (2) In addition to the requirements of Section 79-2-203, the members shall have the
3142-1547
3613+1778
31433614 following qualifications:
3144-1548
3615+1779
31453616 (a) one member knowledgeable in the field of geology as applied to the practice of civil
3146-1549
3617+1780
31473618 engineering;
3148-1550
3619+1781
31493620 (b) four members knowledgeable and representative of various segments of the mineral
3150-1551
3621+1782
31513622 industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial
3152-1552
3623+1783
31533624 minerals;
3154-1553
3625+1784
31553626 (c) one member knowledgeable of the economic or scientific interests of the mineral
3156-1554
3627+1785
31573628 industry in the state; and
3158-1555
3629+1786
31593630 (d) one member who is interested in the goals of the survey and from the public at large.
3160-1556
3631+1787
31613632 (3) The director of the School and Institutional Trust Lands Administration is an ex officio
3162-1557
3633+1788
31633634 member of the board but without any voting privileges.
3164-1558
3635+1789
31653636 (4)(a) Except as required by Subsection (4)(b), members are appointed for terms of four
3166-- 46 - Enrolled Copy H.B. 412
3167-1559
3637+1790
31683638 years.
3169-1560
3639+1791
31703640 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
3171-1561
3641+1792
31723642 time of appointment or reappointment, adjust the length of terms to ensure that the
3173-1562
3643+1793
31743644 terms of board members are staggered so that approximately half of the board is
3175-1563
3645+1794
31763646 appointed every two years.
3177-1564
3178-[(c) No more than four members may be of the same political party.]
3179-1565
3180-[(d)] (c) When a vacancy occurs in the membership for any reason, the replacement shall
3181-1566
3182-be appointed for the unexpired term by the governor with the advice and consent of
3183-1567
3184-the Senate.
3185-1568
3647+1795
3648+(c) [No] Except as provided in Subsection 67-1-2.5(15)(a), no more than four members
3649+1796
3650+may be of the same political party.
3651+- 53 - 4th Sub. (Green) H.B. 412 03-07 14:50
3652+1797
3653+(d) When a vacancy occurs in the membership for any reason, the replacement shall be
3654+1798
3655+appointed for the unexpired term by the governor with the advice and consent of the
3656+1799
3657+Senate.
3658+1800
31863659 (5) The board shall select from its members a chair and such officers and committees as it
3187-1569
3660+1801
31883661 considers necessary.
3189-1570
3662+1802
31903663 (6)(a) The board shall hold meetings at least quarterly on such dates as may be set by its
3191-1571
3664+1803
31923665 chair.
3193-1572
3666+1804
31943667 (b) Special meetings may be held upon notice of the chair or by a majority of its
3195-1573
3668+1805
31963669 members.
3197-1574
3670+1806
31983671 (c) A majority of the members of the board present at a meeting constitutes a quorum for
3199-1575
3672+1807
32003673 the transaction of business.
3201-1576
3674+1808
32023675 (7)(a) Members of the board may not obtain financial gain by reason of information
3203-1577
3676+1809
32043677 obtained during the course of their official duties.
3205-1578
3678+1810
32063679 (b) A member shall comply with the conflict of interest provisions described in Title
3207-1579
3680+1811
32083681 63G, Chapter 24, Part 3, Conflicts of Interest.
3209-1580
3682+1812
32103683 (8) A member may not receive compensation or benefits for the member's service, but may
3211-1581
3684+1813
32123685 receive per diem and travel expenses in accordance with:
3213-1582
3686+1814
32143687 (a) Section 63A-3-106;
3215-1583
3688+1815
32163689 (b) Section 63A-3-107; and
3217-1584
3690+1816
32183691 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3219-1585
3692+1817
32203693 63A-3-107.
3221-1586
3222-Section 28. Effective Date.
3223-1587
3694+1818
3695+Section 29. Effective Date.
3696+1819
32243697 This bill takes effect on May 7, 2025.
3225-- 47 -
3698+1820
3699+Section 30. Coordinating H.B. 412 with H.B. 360.
3700+1821
3701+ If H.B. 412, Boards and Commissions Revisions, and H.B. 360, Housing
3702+1822
3703+Attainability Amendments, both pass and become law, the Legislature intends that, on July 1,
3704+1823
3705+2025:
3706+1824
3707+ (1) the coordination clause in H.B. 360 affecting Subsection 63H-8-201(3)(b) not be
3708+1825
3709+implemented; and
3710+1826
3711+ (2) Subsection 63H-8-201(3)(b) in H.B. 412 and H.B. 360 be amended to read:
3712+1827
3713+ "(b) ensure that:
3714+1828
3715+ (i) [the six public trustees are from different counties and are residents of the state]
3716+1829
3717+among the six public trustees, no more than two are from the same county and all are residents
3718+1830
3719+of the state; and
3720+- 54 - 03-07 14:50 4th Sub. (Green) H.B. 412
3721+1831
3722+ (ii) [not] except as provided in Subsection 67-1-2.5(15)(a), no more than three of
3723+1832
3724+the public trustees are members of the same political party.".
3725+- 55 -