Utah House Bill HB0412 Latest Draft

                            Enrolled Copy	H.B. 412
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Boards and Commissions Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Calvin R. Musselman
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LONG TITLE
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General Description:
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This bill amends provisions related to membership on a board, commission, committee, or
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council (board).
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Highlighted Provisions:
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This bill:
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▸ eliminates requirements providing that no more than a certain number of members of
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certain boards may be affiliated with or a member of the same political party;
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▸ modifies appointment provisions and removes members who are legislators from certain
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boards; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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9-9-112, as last amended by Laws of Utah 2022, Chapter 68
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9-20-201, as last amended by Laws of Utah 2024, Chapter 323
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10-3-1004, as last amended by Laws of Utah 2010, Chapter 378
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17-28-2, as last amended by Laws of Utah 2002, Chapter 158
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17-30-3, as last amended by Laws of Utah 2023, Chapter 15
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17-30a-202, as enacted by Laws of Utah 2014, Chapter 366
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19-2-103, as last amended by Laws of Utah 2024, Chapter 529
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19-4-103, as last amended by Laws of Utah 2024, Chapter 529
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19-5-103, as last amended by Laws of Utah 2024, Chapter 529 H.B. 412	Enrolled Copy
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19-6-103, as last amended by Laws of Utah 2020, Chapters 352, 373
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26B-1-426, as last amended by Laws of Utah 2024, Chapter 529
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32B-2-201, as last amended by Laws of Utah 2022, Chapter 447
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34A-1-205, as last amended by Laws of Utah 2021, Chapter 345
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35A-1-205, as last amended by Laws of Utah 2021, Chapter 344
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35A-1-206, as last amended by Laws of Utah 2020, Chapter 365
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36-2-4, as last amended by Laws of Utah 2021, Chapter 382
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40-6-4, as last amended by Laws of Utah 2024, Chapter 529
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51-7-16, as last amended by Laws of Utah 2024, Chapter 529
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53B-34-110, as enacted by Laws of Utah 2024, Chapter 378
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54-10a-202, as last amended by Laws of Utah 2020, Chapter 154
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63H-8-201, as last amended by Laws of Utah 2024, Chapter 443
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63M-15-201, as enacted by Laws of Utah 2021, Chapter 91
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63N-7-201, as last amended by Laws of Utah 2024, Chapter 529
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67-8-4, as last amended by Laws of Utah 2020, Chapter 432
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73-10-2, as last amended by Laws of Utah 2023, Chapter 205
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78A-12-201, as last amended by Laws of Utah 2022, Chapter 11
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79-3-302, as last amended by Laws of Utah 2020, Chapters 352, 373
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 9-9-112 is amended to read:
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9-9-112 . Bears Ears Visitor Center Advisory Committee.
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(1) Utah extends an invitation to the Navajo Nation, the Ute Mountain Ute Tribe, the Hopi
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Nation, the Zuni Tribe, and the Ute Indian Tribe of the Uintah Ouray to form an
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advisory committee for the purpose of exploring the feasibility, location, functions, and
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other important matters surrounding the creation of a visitor center at Bears Ears.
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(2) As used in this section:
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(a) "Advisory committee" means the Bears Ears Visitor Center Advisory Committee
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created by this section.
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(b) "Bears Ears" means the Bears Ears National Monument.
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(3)(a) Subject to Subsection (3)(b), there is created the Bears Ears Visitor Center
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Advisory Committee consisting of the following [eight ] voting members:
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[(i) five voting members as follows:]
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[(A)] (i) a representative of the Navajo Nation, appointed by the Navajo Nation;
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[(B)] (ii) a representative of the Ute Mountain Ute Tribe, appointed by the Ute
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Mountain Ute Tribe;
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[(C)] (iii) a representative of the Hopi Nation, appointed by the Hopi Nation;
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[(D)] (iv) a representative of the Zuni Tribe, appointed by the Zuni Tribe; and
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[(E)] (v) a representative of the Ute Indian Tribe of the Uintah Ouray, appointed by
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the Ute Indian Tribe of the Uintah Ouray[; and] .
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[(ii) subject to Subsection (4), three nonvoting members as follows:]
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[(A) one member of the Senate, appointed by the president of the Senate; and]
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[(B) two members of the House of Representatives, appointed by the speaker of
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the House of Representatives.]
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(b) The advisory committee is formed when all of the tribes described in Subsection (1)
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have communicated to the other tribes and to the Division of Indian Affairs that the
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tribe has appointed a member to the advisory committee.
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(c)(i) The president of the Senate and the speaker of the House of Representatives
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may each appoint to the advisory committee one nonvoting individual.
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(ii) If an individual appointed under Subsection (3)(c)(i) is a member of the
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Legislature, the member serves as a member of the public and not in the member's
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legislative capacity.
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[(4) At least one of the three legislative members appointed under Subsection (3)(a)(ii) shall
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be from a minority party.]
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[(5)] (4) The advisory committee may select from the advisory committee members the
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chair or other officers of the advisory committee.
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[(6)] (5)(a) If a vacancy occurs in the membership of the advisory committee appointed
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under Subsection (3), the member shall be replaced in the same manner in which the
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original appointment was made.
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(b) A member appointed under Subsection (3) serves until the member's successor is
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appointed and qualified.
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[(7)] (6)(a) A majority of the voting members of the advisory committee constitutes a
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quorum.
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(b) The action of a majority of a quorum constitutes an action of the advisory committee.
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[(8)(a) The salary and expenses of an advisory committee member who is a legislator
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shall be paid in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5,
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Legislative Compensation and Expenses.]
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[(b)] (7) An advisory committee member [who is not a legislator ]may not receive
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compensation or benefits for the member's service on the advisory committee, but may
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receive per diem and reimbursement for travel expenses incurred as an advisory
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committee member at the rates established by the Division of Finance under:
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[(i)] (a) Sections 63A-3-106 and 63A-3-107; and
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[(ii)] (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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[(9)] (8) The advisory committee may invite the United States Forest Service, the Bureau of
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Land Management, the Division of State Parks, the Division of Outdoor Recreation, and
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the Utah Office of Tourism within the Governor's Office of Economic Opportunity, to
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serve as technical advisors to the advisory committee.
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[(10)] (9) The Division of Indian Affairs shall staff the advisory committee.
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[(11)] (10) The advisory committee shall study and make recommendations concerning:
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(a) the need for a visitor center associated with Bears Ears;
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(b) the feasibility of a visitor center associated with Bears Ears, including investigating:
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(i) potential locations for the visitor center;
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(ii) purposes for the visitor center; and
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(iii) sources of funding to build and maintain the visitor center;
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(c) whether a visitor center will increase visitorship to Bears Ears; and
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(d) whether a visitor center at Bears Ears could function as a repository of traditional
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knowledge and practices.
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[(12)] (11) The advisory committee may contract with one or more consultants to conduct
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work related to the issues raised in Subsection [(11)] (10) if the Legislature appropriates
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money expressly for the purpose of the advisory committee contracting with a consultant.
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[(13)] (12) The advisory committee shall hold at least one public hearing to obtain public
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comment on the creation of a Bears Ears visitor center.
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[(14)] (13) The advisory committee shall report the advisory committee's recommendations
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to one or more of the following:
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(a) the Economic Development and Workforce Services Interim Committee;
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(b) the House Economic Development and Workforce Services Committee; or
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(c) the Senate Economic Development and Workforce Services Committee.
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Section 2.  Section 9-20-201 is amended to read:
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9-20-201 . Creation -- Members -- Appointment -- Terms -- Vacancies -- Per
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diem and expenses.
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(1) There is created the Utah Commission on Service and Volunteerism consisting of 19
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voting members and one nonvoting member.
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(2) The 19 voting members of the commission are:
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(a) the lieutenant governor;
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(b) the commissioner of higher education or the commissioner's designee;
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(c) the state superintendent of public instruction or the superintendent's designee;
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(d) the executive director of the Department of Cultural and Community Engagement or
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the executive director's designee;
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(e) nine members appointed by the governor as follows:
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(i) an individual with expertise in the educational, training, and developmental needs
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of youth, particularly disadvantaged youth;
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(ii) an individual with experience in promoting the involvement of older adults in
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volunteer service;
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(iii) a representative of a community-based agency or organization within the state;
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(iv) a representative of local government;
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(v) a representative of a local labor organization in the state;
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(vi) a representative of business;
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(vii) an individual between the ages of 16 and 25 years old who participates in a
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volunteer or service program;
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(viii) a representative of a national service program; and
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(ix) a representative of the volunteer sector; and
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(f) six members appointed by the governor from among the following groups:
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(i) local educators;
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(ii) experts in the delivery of human, educational, cultural, environmental, or public
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safety services to communities and individuals;
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(iii) representatives of Native American tribes;
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(iv) representatives of organizations that assist out-of-school youth or other at-risk
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youth; or
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(v) representatives of entities that receive assistance under the Domestic Volunteer
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Service Act of 1973, 42 U.S.C. 4950 et seq.
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(3) The nonvoting member of the commission is the regional representative of the
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corporation.
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(4)(a) In appointing persons to serve on the commission, the governor shall ensure that[:] 
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no more than five voting members of the commission are state government
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employees.
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[(i) no more than 10 voting members of the commission are members of the same
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political party; and]
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[(ii) no more than five voting members of the commission are state government
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employees.]
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(b) In appointing persons to serve on the commission, the governor shall strive for
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balance on the commission according to race, ethnicity, age, gender, disability
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characteristics, and geography.
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(5)(a) Except as required by Subsection (5)(b), as terms of current commission members
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expire, the governor shall appoint each new member or reappointed member to a
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three-year term.
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(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
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time of appointment or reappointment, adjust the length of terms to ensure that the
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terms of commission members are staggered so that approximately one-third of the
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commission is appointed every year.
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(6) When a vacancy occurs in the membership, the replacement shall be appointed for the
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unexpired term.
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(7) A member appointed by the governor may not serve more than two consecutive terms.
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(8) A member may not receive compensation or benefits for the member's service, but may
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receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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Section 3.  Section 10-3-1004 is amended to read:
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10-3-1004 . Qualifications of commissioners -- Salary -- Removal.
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      [Not more than two members of the civil service commission shall at any one time
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be of the same political party. ]
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(1) No member of the civil service commission shall during [his] the member's tenure of
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office hold any other public office, or be a candidate for any other public office.
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(2) Each member shall receive $25 for each meeting of the commission which [he] the
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member shall attend, but may not receive more than $100 in any one month.
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(3) In case of misconduct, inability or willful neglect in the performance of the duties of the
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office by any member, the member may be removed from office by the board of city
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commissioners by a majority vote of the entire membership, but the member shall, if [he] 
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the member so desires, have an opportunity to be heard in defense.
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Section 4.  Section 17-28-2 is amended to read:
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17-28-2 . Vacancies -- Compensation -- Removal from office.
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(1) Any vacancy occurring on the County Fire Civil Service Council shall be filled by
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appointment by the county executive for the unexpired term.
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[(2) Not more than two members of any council shall at any one time be affiliated with or a
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member of the same political party.]
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[(3)] (2) A member of the council may not hold, during the term of [his] the member's office,
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any other public office or be a candidate for any other public office.
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[(4)] (3)(a) Each council member shall receive $50 for each meeting of the council
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attended by [him] the council member.
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(b) The county legislative body may raise the compensation of [council members as it] a
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council member as the county legislative body considers appropriate.
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(c) [This compensation and allowance] The compensation and allowance described in
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Subsections (3)(a) and (b) shall be a charge against the county and paid monthly.
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[(5)] (4)(a) [In case of misconduct, willful neglect, or inability to perform the duties of
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his office, any council member may be removed from office by the county
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legislative body upon a majority vote of the body, but the member is entitled to an
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opportunity to be heard in his own defense.] In case of misconduct, willful neglect, or
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an inability to perform the duties of the council member's office, a council member
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may be removed from office by the county legislative body upon a majority vote of
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the county legislative body.
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(b) A county legislative body that moves to remove a council member from office under
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Subsection (4)(a) shall provide the council member with the opportunity to be heard
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in the council member's own defense.
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Section 5.  Section 17-30-3 is amended to read:
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17-30-3 . Establishment of merit system commission -- Appointment,
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qualifications, and compensation of members.
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(1)(a) Each county with a population of 20,000 or more shall establish a merit system
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commission consisting of three members appointed as provided in Subsection (1)(b).
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(b)(i) As used in this Subsection (1)(b):
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(A) "Police interlocal entity" means an interlocal entity, as defined in Section
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11-13-103, that is created:
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(I) under Title 11, Chapter 13, Interlocal Cooperation Act, by an agreement to
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which a county of the first class is a party; and
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(II) to provide law enforcement service to an area that includes the
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unincorporated part of the county.
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(B) "Police special district" means a special district, as defined in Section
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17B-1-102:
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(I) whose creation was initiated by the adoption of a resolution under Section
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17B-1-203 by the legislative body of a county of the first class, alone or
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with one or more other legislative bodies; and
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(II) that is created to provide law enforcement service to an area that includes
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the unincorporated part of the county.
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(ii) For a county in which a police interlocal entity is created, whether or not a police
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special district is also created in the county:
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(A) two members shall be appointed by the legislative body of the county; and
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(B) one member shall be appointed by the governing body of the interlocal entity.
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(iii) For a county in which a police special district is created but in which a police
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interlocal entity has not been created:
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(A) two members shall be appointed by the legislative body of the county; and
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(B) one member shall be appointed by the board of trustees of the police special
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district.
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(iv) For each other county, all three members shall be appointed by the county
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legislative body.
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[(c) Not more than two members of the commission shall be affiliated with or members
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of the same political party.]
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[(d)] (c) Of the original appointees, one member shall be appointed for a term ending
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February 1 of the first odd-numbered year after the date of appointment, and one each
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for terms ending two and four years thereafter.
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[(e)] (d) Upon the expiration of any of the terms, a successor shall be appointed for a full
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term of six years.
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[(f)] (e) Appointment to fill a vacancy resulting other than from expiration of term shall
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be for the unexpired portion of the term only.
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(2) Members of a commission shall be citizens of the state, shall have been residents of the
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area embraced by the governmental unit from which appointed not less than five years
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next preceding the date of appointment, and shall hold no other office or employment
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under the governmental unit for which appointed.
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(3) The county legislative body may compensate a member for service on the commission
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and reimburse the member for necessary expenses incurred in the performance of the
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member's duties.
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Section 6.  Section 17-30a-202 is amended to read:
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17-30a-202 . Establishment of merit commission -- Appointment, qualifications,
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and compensation of members.
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(1)(a) Except as provided in Subsection (1)(b), a county subject to this chapter shall
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establish a merit system commission consisting of three appointed members:
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(i) two members appointed by the legislative body of the county; and
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(ii) one member appointed by the governing body of a police interlocal entity.
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(b) If there is no police interlocal entity within the county, the county legislative body
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shall appoint all three members of a commission described in Subsection (1)(a).
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[(c) No more than two members of the commission may be affiliated with or members
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of the same political party.]
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[(d)] (c)(i) Of the original appointees described in Subsection (1)(a) or (b), one
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member shall be appointed for a term ending February 1 of the first odd-numbered
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year after the date of appointment, and one each for terms ending two and four
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years thereafter.
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(ii) For a term subsequent to a term described in Subsection [(1)(d)] (1)(c), a
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commission member shall hold a term of six years.
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[(e)] (d) If an appointed position described in Subsection (1)(a) or (b) is vacated for a
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cause other than expiration of the member's term, the position is filled by
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appointment for the unexpired portion of the term only.
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(2) A member of the commission:
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(a) shall be a resident of the state;
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(b) for at least five years preceding the date of appointment a resident of:
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(i) the county; or
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(ii) if applicable, the area served by the police interlocal entity from which appointed;
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and
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(c) may not hold another office or employment with the county or, if applicable, in a
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municipality served by the police interlocal entity for which the member is appointed.
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(3) The county legislative body or interlocal entity governing body may compensate a
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member for service on the commission and reimburse the member for necessary
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expenses incurred in the performance of the member's duties.
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Section 7.  Section 19-2-103 is amended to read:
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19-2-103 . Members of board -- Appointment -- Terms -- Organization -- Per
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diem and expenses.
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(1) The board consists of the following nine members:
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(a) the following non-voting member, except that the member may vote to break a tie
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vote between the voting members:
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(i) the executive director; or
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(ii) an employee of the department designated by the executive director; and
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(b) the following eight voting members, who shall be appointed or reappointed by the
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governor with the advice and consent of the Senate in accordance with Title 63G,
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Chapter 24, Part 2, Vacancies:
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(i) one representative who:
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(A) is not connected with industry;
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(B) is an expert in air quality matters; and
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(C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a
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scientist with relevant training and experience;
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(ii) two government representatives who do not represent the federal government;
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(iii) one representative from the mining industry;
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(iv) one representative from the fuels industry;
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(v) one representative from the manufacturing industry;
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(vi) one representative from the public who represents:
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(A) an environmental nongovernmental organization; or
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(B) a nongovernmental organization that represents community interests and does
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not represent industry interests; and
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(vii) one representative from the public who is trained and experienced in public
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health.
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(2) A member of the board shall:
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(a) be knowledgeable about air pollution matters, as evidenced by a professional degree,
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a professional accreditation, or documented experience;
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(b) be a resident of Utah;
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(c) attend board meetings in accordance with the attendance rules made by the
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department under Subsection 19-1-201(1)(d)(i)(A); and
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(d) comply with all applicable statutes, rules, and policies, including the conflict of
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interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest,
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and the conflict of interest rules made by the department under Subsection 19-1-201
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(1)(d)(i)(B).
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[(3) No more than five of the appointed members of the board shall belong to the same
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political party.]
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[(4)] (3) A majority of the members of the board may not derive any significant portion of
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their income from persons subject to permits or orders under this chapter.
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[(5)] (4)(a) Members shall be appointed for a term of four years.
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(b) Notwithstanding the requirements of Subsection [(5)(a)] (4)(a), the governor shall, at
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the time of appointment or reappointment, adjust the length of terms to ensure that
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the terms of board members are staggered so that half of the appointed board is
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appointed every two years.
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[(6)] (5) A member may serve more than one term.
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[(7)] (6) A member shall hold office until the expiration of the member's term and until the
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member's successor is appointed, but not more than 90 days after the expiration of the
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member's term.
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[(8)] (7) When a vacancy occurs in the membership for any reason, the governor shall, with
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the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
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Vacancies, appoint a replacement for the unexpired term.
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[(9)] (8) The board shall elect annually a chair and a vice chair from its members.
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[(10)] (9)(a) The board shall meet at least quarterly.
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(b) Special meetings may be called by the chair upon the chair's own initiative, upon the
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request of the director, or upon the request of three members of the board.
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(c) Three days' notice shall be given to each member of the board before a meeting.
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[(11)] (10) Five members constitute a quorum at a meeting, and the action of a majority of
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members present is the action of the board.
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[(12)] (11) A member may not receive compensation or benefits for the member's service,
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but may receive per diem and travel expenses in accordance with:
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(a) Section 63A-3-106;
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(b) Section 63A-3-107; and
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(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
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63A-3-107.
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Section 8.  Section 19-4-103 is amended to read:
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19-4-103 . Drinking Water Board -- Members -- Organization -- Meetings -- Per
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diem and expenses.
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(1) The board consists of the following nine members:
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(a) the following non-voting member, except that the member may vote to break a tie
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vote between the voting members:
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(i) the executive director; or
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(ii) an employee of the department designated by the executive director; and
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(b) the following eight voting members, who shall be appointed by the governor with the
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advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
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Vacancies:
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(i) one representative who is a Utah-licensed professional engineer with expertise in
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civil or sanitary engineering;
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(ii) two representatives who are elected officials from a municipal government that is
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involved in the management or operation of a public water system;
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(iii) one representative from an improvement district, a water conservancy district, or
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a metropolitan water district;
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(iv) one representative from an entity that manages or operates a public water system;
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(v) one representative from:
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(A) the state water research community; or
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(B) an institution of higher education that has comparable expertise in water
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research to the state water research community;
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(vi) one representative from the public who represents:
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(A) an environmental nongovernmental organization; or
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(B) a nongovernmental organization that represents community interests and does
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not represent industry interests; and
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(vii) one representative from the public who is trained and experienced in public
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health.
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(2) A member of the board shall:
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(a) be knowledgeable about drinking water and public water systems, as evidenced by a
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professional degree, a professional accreditation, or documented experience;
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(b) represent different geographical areas within the state insofar as practicable;
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(c) be a resident of Utah;
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(d) attend board meetings in accordance with the attendance rules made by the
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department under Subsection 19-1-201(1)(d)(i)(A); and
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(e) comply with all applicable statutes, rules, and policies, including the conflict of
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interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the
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conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
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Interest.
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[(3) No more than five appointed members of the board shall be from the same political
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party.]
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[(4)] (3)(a) As terms of current board members expire, the governor shall appoint each
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new member or reappointed member to a four-year term.
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(b) Notwithstanding the requirements of Subsection [(4)(a)] (3)(a), the governor shall, at
410 
the time of appointment or reappointment, adjust the length of terms to ensure that
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the terms of board members are staggered so that half of the appointed board is
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appointed every two years.
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(c)(i) Notwithstanding Subsection [(4)(a)] (3)(a), the term of a board member who is
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appointed before May 1, 2013, shall expire on April 30, 2013.
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(ii) On May 1, 2013, the governor shall appoint or reappoint board members in
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accordance with this section.
417 
[(5)] (4) When a vacancy occurs in the membership for any reason, the replacement shall be
418 
appointed for the unexpired term.
419 
[(6)] (5) When the governor makes a new appointment or reappointment under Subsection [
420 
(4)(a)] (3)(a), or a vacancy appointment under Subsection [(5)] (4), the governor's new
421 
appointment, reappointment, or vacancy appointment shall be with the advice and
422 
consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
423 
[(7)] (6) Each member holds office until the expiration of the member's term, and until a
424 
successor is appointed, but not for more than 90 days after the expiration of the term.
425 
[(8)] (7) The board shall elect annually a chair and a vice chair from its members.
426 
[(9)] (8)(a) The board shall meet at least quarterly.
427 
(b) Special meetings may be called by the chair upon the chair's own initiative, upon the
428 
request of the director, or upon the request of three members of the board.
429 
(c) Reasonable notice shall be given to each member of the board before any meeting.
430 
[(10)] (9) Five members constitute a quorum at any meeting and the action of the majority
431 
of the members present is the action of the board.
432 
[(11)] (10) A member may not receive compensation or benefits for the member's service,
433 
but may receive per diem and travel expenses in accordance with:
434 
(a) Section 63A-3-106;
435 
(b) Section 63A-3-107; and
436 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
- 13 - H.B. 412	Enrolled Copy
437 
63A-3-107.
438 
Section 9.  Section 19-5-103 is amended to read:
439 
19-5-103 . Water Quality Board -- Members of board -- Appointment -- Terms --
440 
Organization -- Meetings -- Per diem and expenses.
441 
(1) The board consists of the following nine members:
442 
(a) the following non-voting member, except that the member may vote to break a tie
443 
vote between the voting members:
444 
(i) the executive director; or
445 
(ii) an employee of the department designated by the executive director; and
446 
(b) the following eight voting members, who shall be appointed or reappointed by the
447 
governor with the advice and consent of the Senate in accordance with Title 63G,
448 
Chapter 24, Part 2, Vacancies:
449 
(i) one representative who:
450 
(A) is an expert and has relevant training and experience in water quality matters;
451 
(B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a
452 
scientist with relevant training and experience; and
453 
(C) represents local and special service districts in the state;
454 
(ii) two government representatives who do not represent the federal government;
455 
(iii) one representative from the mineral industry;
456 
(iv) one representative from the manufacturing industry;
457 
(v) one representative who represents agricultural and livestock interests;
458 
(vi) one representative from the public who represents:
459 
(A) an environmental nongovernmental organization; or
460 
(B) a nongovernmental organization that represents community interests and does
461 
not represent industry interests; and
462 
(vii) one representative from the public who is trained and experienced in public
463 
health.
464 
(2) A member of the board shall:
465 
(a) be knowledgeable about water quality matters, as evidenced by a professional
466 
degree, a professional accreditation, or documented experience;
467 
(b) be a resident of Utah;
468 
(c) attend board meetings in accordance with the attendance rules made by the
469 
department under Subsection 19-1-201(1)(d)(i)(A); and
470 
(d) comply with all applicable statutes, rules, and policies, including the conflict of
- 14 - Enrolled Copy	H.B. 412
471 
interest rules made by the department under Subsection 19-1-201(1)(d)(i)(B) and the
472 
conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
473 
Interest.
474 
[(3) No more than five of the appointed members may be from the same political party.]
475 
[(4)] (3) When a vacancy occurs in the membership for any reason, the governor shall, with
476 
the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
477 
Vacancies, appoint a replacement for the unexpired term.
478 
[(5)] (4)(a) A member shall be appointed for a term of four years and is eligible for
479 
reappointment.
480 
(b) Notwithstanding the requirements of Subsection [(5)(a)] (4)(a), the governor shall, at
481 
the time of appointment or reappointment, adjust the length of terms to ensure that
482 
the terms of board members are staggered so that half of the appointed board is
483 
appointed every two years.
484 
[(6)] (5) A member shall hold office until the expiration of the member's term and until the
485 
member's successor is appointed, not to exceed 90 days after the formal expiration of the
486 
term.
487 
[(7)] (6) The board shall:
488 
(a) organize and annually select one of its members as chair and one of its members as
489 
vice chair;
490 
(b) hold at least four regular meetings each calendar year; and
491 
(c) keep minutes of its proceedings which are open to the public for inspection.
492 
[(8)] (7) The chair may call a special meeting upon the request of three or more members of
493 
the board.
494 
[(9)] (8) Each member of the board and the director shall be notified of the time and place of
495 
each meeting.
496 
[(10)] (9) Five members of the board constitute a quorum for the transaction of business,
497 
and the action of a majority of members present is the action of the board.
498 
[(11)] (10) A member may not receive compensation or benefits for the member's service,
499 
but may receive per diem and travel expenses in accordance with:
500 
(a) Section 63A-3-106;
501 
(b) Section 63A-3-107; and
502 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
503 
63A-3-107.
504 
Section 10.  Section 19-6-103 is amended to read:
- 15 - H.B. 412	Enrolled Copy
505 
19-6-103 . Waste Management and Radiation Control Board -- Members --
506 
Terms -- Organization -- Meetings -- Per diem and expenses.
507 
(1) The board consists of the following 12 members:
508 
(a) the following non-voting member, except that the member may vote to break a tie
509 
vote between the voting members:
510 
(i) the executive director; or
511 
(ii) an employee of the department designated by the executive director; and
512 
(b) the following 11 voting members appointed by the governor with the advice and
513 
consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:
514 
(i) one representative who is:
515 
(A) not connected with industry; and
516 
(B) a Utah-licensed professional engineer;
517 
(ii) two government representatives who do not represent the federal government;
518 
(iii) one representative from the manufacturing, mining, or fuel industry;
519 
(iv) one representative from the private solid or hazardous waste disposal industry;
520 
(v) one representative from the private hazardous waste recovery industry;
521 
(vi) one representative from the radioactive waste management industry;
522 
(vii) one representative from the uranium milling industry;
523 
(viii) one representative from the public who represents:
524 
(A) an environmental nongovernmental organization; or
525 
(B) a nongovernmental organization that represents community interests and does
526 
not represent industry interests;
527 
(ix) one representative from the public who is trained and experienced in public
528 
health and a licensed:
529 
(A) medical doctor; or
530 
(B) dentist; and
531 
(x) one representative who is:
532 
(A) a medical physicist or a health physicist; or
533 
(B) a professional employed in the field of radiation safety.
534 
(2) A member of the board shall:
535 
(a) be knowledgeable about solid and hazardous waste matters and radiation safety and
536 
protection as evidenced by a professional degree, a professional accreditation, or
537 
documented experience;
538 
(b) be a resident of Utah;
- 16 - Enrolled Copy	H.B. 412
539 
(c) attend board meetings in accordance with the attendance rules made by the
540 
department under Subsection 19-1-201(1)(d)(i)(A); and
541 
(d) comply with all applicable statutes, rules, and policies, including the conflict of
542 
interest rules made by the department in accordance with Subsection
543 
19-1-201(1)(d)(i)(B) and the conflict of interest provisions described in Title 63G,
544 
Chapter 24, Part 3, Conflicts of Interest.
545 
[(3) No more than six of the appointed members may be from the same political party.]
546 
[(4)] (3)(a) Members shall be appointed for terms of four years each.
547 
(b) Notwithstanding the requirements of Subsection [(4)(a)] (3)(a), the governor shall, at
548 
the time of appointment or reappointment, adjust the length of terms to ensure that
549 
the terms of board members are staggered so that half of the appointed board is
550 
appointed every two years.
551 
[(5)] (4) Each member is eligible for reappointment.
552 
[(6)] (5) Board members shall continue in office until the expiration of their terms and until
553 
their successors are appointed, but not more than 90 days after the expiration of their
554 
terms.
555 
[(7)] (6) When a vacancy occurs in the membership for any reason, the replacement shall be
556 
appointed for the unexpired term by the governor, after considering recommendations of
557 
the board and with the advice and consent of the Senate.
558 
[(8)] (7) The board shall elect a chair and vice chair on or before April 1 of each year from
559 
its membership.
560 
[(9)] (8) A member may not receive compensation or benefits for the member's service, but
561 
may receive per diem and travel expenses in accordance with:
562 
(a) Section 63A-3-106;
563 
(b) Section 63A-3-107; and
564 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
565 
63A-3-107.
566 
[(10)] (9)(a) The board shall hold a meeting at least once every three months including
567 
one meeting during each annual general session of the Legislature.
568 
(b) Meetings shall be held on the call of the chair, the director, or any three of the
569 
members.
570 
[(11)] (10) Six members constitute a quorum at any meeting, and the action of the majority
571 
of members present is the action of the board.
572 
Section 11.  Section 26B-1-426 is amended to read:
- 17 - H.B. 412	Enrolled Copy
573 
26B-1-426 . Board of Aging and Adult Services -- Members, appointment, terms,
574 
vacancies, chairperson, compensation, meetings, quorum.
575 
(1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven
576 
members who are appointed or reappointed by the governor with the advice and consent
577 
of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
578 
(2)(a) Except as required by Subsection (2)(b), each member shall be appointed for a
579 
term of four years, and is eligible for one reappointment.
580 
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
581 
time of appointment or reappointment, adjust the length of terms to ensure that the
582 
terms of board members are staggered so that approximately half of the board is
583 
appointed every two years.
584 
(c) Board members shall continue in office until the expiration of their terms and until
585 
their successors are appointed, which may not exceed 90 days after the formal
586 
expiration of a term.
587 
(d) When a vacancy occurs in the membership for any reason, the governor shall, with
588 
the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
589 
2, Vacancies, appoint a replacement for the unexpired term.
590 
[(3)(a) No more than four members of the board may be from the same political party. ]
591 
[(b)] (3) The board shall have diversity of gender, ethnicity, and culture; and members shall
592 
be chosen on the basis of their active interest, experience, and demonstrated ability to
593 
deal with issues related to  the Board of Aging and Adult Services.
594 
(4)(a) The board shall annually elect a chairperson from the board's membership.
595 
(b) The board shall hold meetings at least once every three months.
596 
(c) Within budgetary constraints, meetings may be held from time to time on the call of
597 
the chairperson or of the majority of the members of the board.
598 
(d) Four members of the board are necessary to constitute a quorum at any meeting, and,
599 
if a quorum exists, the action of the majority of members present shall be the action
600 
of the board.
601 
(5) A member may not receive compensation or benefits for the member's service, but, at
602 
the executive director's discretion, may receive per diem and travel expenses in
603 
accordance with:
604 
(a) Section 63A-3-106;
605 
(b) Section 63A-3-107; and
606 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
- 18 - Enrolled Copy	H.B. 412
607 
63A-3-107.
608 
(6)(a) The board shall adopt bylaws governing its activities.
609 
(b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
610 
board member who is unable or unwilling to fulfill the requirements of the board
611 
member's appointment.
612 
(7) The board has program policymaking authority for the division over which the board
613 
presides.
614 
(8) A member of the board shall comply with the conflict of interest provisions described in
615 
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
616 
Section 12.  Section 32B-2-201 is amended to read:
617 
32B-2-201 . Alcoholic Beverage Services Commission created.
618 
(1)(a) There is created the "Alcoholic Beverage Services Commission."
619 
(b) The commission is the governing board over the department.
620 
(2)[(a)] The commission is composed of seven part-time commissioners appointed by
621 
the governor with the advice and consent of the Senate in accordance with Title 63G,
622 
Chapter 24, Part 2, Vacancies.
623 
[(b) No more than four commissioners may be of the same political party.]
624 
(3)(a) Except as required by Subsection (3)(b), as terms of commissioners expire, the
625 
governor shall appoint each new commissioner or reappointed commissioner to a
626 
four-year term.
627 
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
628 
time of appointment or reappointment, adjust the length of terms to ensure that the
629 
terms of no more than three commissioners expire in a fiscal year.
630 
(4)(a) When a vacancy occurs on the commission for any reason, the governor shall
631 
appoint a replacement for the unexpired term with the advice and consent of the
632 
Senate.
633 
(b) Unless removed in accordance with Subsection (6), a commissioner shall remain on
634 
the commission after the expiration of a term until a successor is appointed by the
635 
governor, with the advice and consent of the Senate.
636 
(5) A commissioner shall take the oath of office.
637 
(6)(a) The governor may remove a commissioner from the commission for cause,
638 
neglect of duty, inefficiency, or malfeasance after a public hearing conducted by:
639 
(i) the governor; or
640 
(ii) an impartial hearing examiner appointed by the governor to conduct the hearing.
- 19 - H.B. 412	Enrolled Copy
641 
(b) At least 10 days before the hearing described in Subsection (6)(a), the governor shall
642 
provide the commissioner notice of:
643 
(i) the date, time, and place of the hearing; and
644 
(ii) the alleged grounds for the removal.
645 
(c) The commissioner shall have an opportunity to:
646 
(i) attend the hearing;
647 
(ii) present witnesses and other evidence; and
648 
(iii) confront and cross examine witnesses.
649 
(d) After a hearing under this Subsection (6):
650 
(i) the person conducting the hearing shall prepare written findings of fact and
651 
conclusions of law; and
652 
(ii) the governor shall serve a copy of the prepared findings and conclusions upon the
653 
commissioner.
654 
(e) If a hearing under this Subsection (6) is held before a hearing examiner, the hearing
655 
examiner shall issue a written recommendation to the governor in addition to
656 
complying with Subsection (6)(d).
657 
(f) A commissioner has five days from the day on which the commissioner receives the
658 
findings and conclusions described in Subsection (6)(d) to file written objections to
659 
the recommendation before the governor issues a final order.
660 
(g) The governor shall:
661 
(i) issue the final order under this Subsection (6) in writing; and
662 
(ii) serve the final order upon the commissioner.
663 
(7) A commissioner may not receive compensation or benefits for the commissioner's
664 
service, but may receive per diem and travel expenses in accordance with:
665 
(a) Section 63A-3-106;
666 
(b) Section 63A-3-107; and
667 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
668 
63A-3-107.
669 
(8)(a)(i) The governor shall annually appoint the chair of the commission.
670 
(ii) A commissioner serves as chair to the commission at the pleasure of the governor.
671 
(iii) If removed as chair, the commissioner continues to serve as a commissioner
672 
unless removed as a commissioner under Subsection (6).
673 
(b) The commission shall elect:
674 
(i) another commissioner to serve as vice chair; and
- 20 - Enrolled Copy	H.B. 412
675 
(ii) other commission officers as the commission considers advisable.
676 
(c) A commissioner elected under Subsection (8)(b) shall serve in the office to which the
677 
commissioner is elected at the pleasure of the commission.
678 
(9)(a) Each commissioner has equal voting rights on a commission matter when in
679 
attendance at a commission meeting.
680 
(b) Four commissioners is a quorum for conducting commission business.
681 
(c) A majority vote of the quorum present at a meeting is required for the commission to
682 
act.
683 
(d) A commissioner shall comply with the conflict of interest provisions described in
684 
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
685 
(10)(a) The commission shall meet at least monthly, but may hold other meetings at
686 
times and places as scheduled by:
687 
(i) the commission;
688 
(ii) the chair; or
689 
(iii) three commissioners upon filing a written request for a meeting with the chair.
690 
(b)(i) Notice of the time and place of a commission meeting shall be given to each
691 
commissioner, and to the public in compliance with Title 52, Chapter 4, Open and
692 
Public Meetings Act.
693 
(ii) A commission meeting is open to the public, except for a commission meeting or
694 
portion of a commission meeting that is closed by the commission as authorized
695 
by Sections 52-4-204 and 52-4-205.
696 
Section 13.  Section 34A-1-205 is amended to read:
697 
34A-1-205 . Appeals Board -- Chair -- Appointment -- Compensation --
698 
Qualifications.
699 
(1)(a) There is created the Appeals Board within the commission consisting of three
700 
members.
701 
(b) The board may call and preside at adjudicative proceedings to review an order or
702 
decision that is subject to review by the Appeals Board under this title.
703 
(2)(a) With the advice and consent of the Senate and in accordance with this section, the
704 
governor shall appoint:
705 
(i) one member of the board to represent employers; and
706 
(ii) one member of the board to represent employees.
707 
(b) With the advice and consent of the Senate and in accordance with this section, the
708 
governor may appoint:
- 21 - H.B. 412	Enrolled Copy
709 
(i) one alternate member of the board to represent employers in the event that the
710 
member representing employers is unavailable; or
711 
(ii) one alternate member of the board to represent employees in the event that the
712 
member representing employees is unavailable.
713 
(c) In making the appointments described in this subsection, the governor shall:
714 
(i) when appointing a member or alternate member to represent employers, consider
715 
nominations from employer organizations; and
716 
(ii) when appointing a member or alternate member to represent employees, consider
717 
nominations from employee organizations[;] .
718 
[(iii) ensure that no more than two members belong to the same political party; and]
719 
[(iv) ensure that an alternate member belongs to the same political party as the
720 
member for whom the alternate stands in.]
721 
(d) The governor shall, at the time of appointment or reappointment, make appointments
722 
to the board so that at least two of the members of the board are members of the Utah
723 
State Bar in good standing or resigned from the Utah State Bar in good standing.
724 
(3)(a) The term of a member and an alternate member shall be six years beginning on
725 
March 1 of the year the member or alternate member is appointed, except that the
726 
governor shall, at the time of appointment or reappointment, adjust the length of
727 
terms to ensure that the terms of members and alternate members are staggered so
728 
that one member and alternate member is appointed every two years.
729 
(b) The governor may remove a member or alternate member only for inefficiency,
730 
neglect of duty, malfeasance or misfeasance in office, or other good and sufficient
731 
cause.
732 
(c) A member or alternate member shall hold office until a successor is appointed and
733 
has qualified.
734 
(4) A member and alternate member shall be part-time and receive compensation as
735 
provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
736 
(5)(a) The chief officer of the board shall be the chair, who shall serve as the executive
737 
and administrative head of the board.
738 
(b) The governor shall appoint and may remove at will the chair from the position of
739 
chair.
740 
(6) A majority of the board shall constitute a quorum to transact business.
741 
(7)(a) The commission shall provide the Appeals Board necessary staff support, except
742 
as provided in Subsection (7)(b).
- 22 - Enrolled Copy	H.B. 412
743 
(b) At the request of the Appeals Board, the attorney general shall act as an impartial aid
744 
to the Appeals Board in outlining the facts and the issues.
745 
Section 14.  Section 35A-1-205 is amended to read:
746 
35A-1-205 . Workforce Appeals Board -- Chair -- Appointment -- Compensation
747 
-- Qualifications.
748 
(1) There is created the Workforce Appeals Board within the department consisting of one
749 
or more panels to hear and decide appeals from the decision of an administrative law
750 
judge.
751 
(2)[(a)] A panel shall consist of three impartial members appointed by the governor as
752 
follows:
753 
[(i)] (a) the board chair, appointed in accordance with Subsection (5);
754 
[(ii)] (b) one member appointed to represent employers; and in making this appointment,
755 
the governor shall consider nominations from employer organizations; and
756 
[(iii)] (c) one member appointed to represent employees; and in making this appointment,
757 
the governor shall consider nominations from employee organizations.
758 
[(b) No more than two members of a panel may belong to the same political party.]
759 
(3)(a)(i) The term of a member shall be six years beginning on March 1 of the year
760 
the member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
761 
(ii) The governor shall, at the time of appointment or reappointment, adjust the length
762 
of terms to ensure that the terms of members are staggered so that approximately
763 
one third of the members are appointed every two years.
764 
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
765 
appointed for the unexpired term.
766 
(c) The governor may remove a member for inefficiency, neglect of duty, malfeasance
767 
or misfeasance in office, or other good and sufficient cause.
768 
(d) A member shall hold office until a successor is appointed and has qualified.
769 
(4)(a) Except as provided in Subsection (4)(b), a member may not receive compensation
770 
or benefits for the member's service, but may receive per diem and travel expenses in
771 
accordance with:
772 
(i) Section 63A-3-106;
773 
(ii) Section 63A-3-107; and
774 
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
775 
63A-3-107.
776 
(b) The member appointed as board chair in accordance with Subsection (5) shall be
- 23 - H.B. 412	Enrolled Copy
777 
compensated at an hourly rate determined by the Division of Human Resource
778 
Management in accordance with Title 63A, Chapter 17, Utah State Personnel
779 
Management Act.
780 
(5)(a) The chief officer of the board shall be the chair, who shall serve as the executive
781 
and administrative head of the board.
782 
(b) The chair shall be appointed by the governor to represent the public and may be
783 
removed from that position at the will of the governor.
784 
(c) The chair shall be experienced in administration and possess any additional
785 
qualifications determined by the governor.
786 
(6)(a) The chair shall designate an alternate from a panel appointed under this section:
787 
(i) in the absence of a regular member or the chair; or
788 
(ii) if the regular member or the chair has a conflict of interest.
789 
(b) Each case shall be decided by a full three-member panel.
790 
(7) The department shall provide the Workforce Appeals Board necessary staff support,
791 
except, the board may employ, retain, or appoint legal counsel.
792 
Section 15.  Section 35A-1-206 is amended to read:
793 
35A-1-206 . State Workforce Development Board -- Appointment -- Membership
794 
-- Terms of members -- Compensation.
795 
(1) There is created within the department the State Workforce Development Board in
796 
accordance with the provisions of the Workforce Innovation and Opportunity Act, 29
797 
U.S.C.  Sec. 3101 et seq.
798 
(2) The board shall consist of the following [38 ]members:
799 
(a) the governor or the governor's designee;
800 
[(b) one member of the Senate, appointed by the president of the Senate;]
801 
[(c) one representative of the House of Representatives, appointed by the speaker of the
802 
House of Representatives;]
803 
[(d)] (b) the executive director or the executive director's designee;
804 
[(e)] (c) the executive director of the Department of Health and Human Services or the
805 
executive director's designee;
806 
[(f)] (d) the director of the Utah State Office of Rehabilitation or the director's designee;
807 
[(g)] (e) the state superintendent of public instruction or the superintendent's designee;
808 
[(h)] (f) the commissioner of higher education or the commissioner's designee;
809 
[(i)] (g) the executive director of the Governor's Office of Economic Opportunity or the
810 
executive director's designee;
- 24 - Enrolled Copy	H.B. 412
811 
[(j)] (h) the executive director of the Department of Veterans and Military Affairs or the
812 
executive director's designee; and
813 
[(k)] (i) the following members appointed by the governor:
814 
(i) 20 representatives of business in the state, selected among the following:
815 
(A) owners of businesses, chief executive or operating officers of businesses, or
816 
other business executives or employers with policymaking or hiring authority;
817 
(B) representatives of businesses, including small businesses, that provide
818 
employment opportunities that include high-quality, work-relevant training and
819 
development in in-demand industry sectors or occupations in the state; and
820 
(C) representatives of businesses appointed from among individuals nominated by
821 
state business organizations or business trade associations;
822 
(ii) six representatives of the workforce within the state, which:
823 
(A) shall include at least two representatives of labor organizations who have been
824 
nominated by state labor federations;
825 
(B) shall include at least one representative from a registered apprentice program;
826 
(C) may include one or more representatives from a community-based
827 
organization that has demonstrated experience and expertise in addressing the
828 
employment, training, or educational needs of individuals with barriers to
829 
employment; and
830 
(D) may include one or more representatives from an organization that has
831 
demonstrated experience and expertise in addressing the employment, training,
832 
or education needs of eligible youth, including organizations that serve out of
833 
school youth; and
834 
(iii) two elected officials that represent a city or a county.
835 
(3)(a) The governor shall appoint one of the appointed business representatives as chair
836 
of the board.
837 
(b) The chair shall serve at the pleasure of the governor.
838 
(4)(a) The governor shall ensure that members appointed to the board represent diverse
839 
geographic areas of the state, including urban, suburban, and rural areas.
840 
(b) A member appointed by the governor shall serve a term of four years and may be
841 
reappointed to one additional term.
842 
(c) A member shall continue to serve until the member's successor has been appointed
843 
and qualified.
844 
(d) Except as provided in Subsection (4)(e), as terms of board members expire, the
- 25 - H.B. 412	Enrolled Copy
845 
governor shall appoint each new member or reappointed member to a four-year term.
846 
(e) Notwithstanding the requirements of Subsection (4)(d), the governor shall, at the
847 
time of appointment or reappointment, adjust the length of terms to ensure that the
848 
terms of board members are staggered so that approximately one half of the board is
849 
appointed every two years.
850 
(f) When a vacancy occurs in the membership for any reason, the replacement shall be
851 
appointed for the unexpired term.
852 
(g) The executive director shall terminate the term of any governor-appointed member
853 
of the board if the member leaves the position that qualified the member for the
854 
appointment.
855 
(5) A majority of members constitutes a quorum for the transaction of business.
856 
(6)[(a)] A member of the board [who is not a legislator ]may not receive compensation
857 
or benefits for the member's service, but may receive per diem and travel expenses as
858 
allowed in:
859 
[(i)] (a) Section 63A-3-106;
860 
[(ii)] (b) Section 63A-3-107; and
861 
[(iii)] (c) rules made by the Division of Finance according to Sections 63A-3-106 and
862 
63A-3-107.
863 
[(b) Compensation and expenses of a member who is a legislator are governed by
864 
Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
865 
Expenses.]
866 
(7) The department shall provide staff and administrative support to the board at the
867 
direction of the executive director.
868 
(8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.  3111,
869 
including:
870 
(a) identifying opportunities to align initiatives in education, training, workforce
871 
development, and economic development;
872 
(b) developing and implementing the state workforce services plan described in Section
873 
35A-1-207;
874 
(c) utilizing strategic partners to ensure the needs of industry are met, including the
875 
development of expanded strategies for partnerships for in-demand occupations and
876 
understanding and adapting to economic changes;
877 
(d) developing strategies for staff training;
878 
(e) developing and improving employment centers; and
- 26 - Enrolled Copy	H.B. 412
879 
(f) performing other responsibilities within the scope of workforce services as requested
880 
by:
881 
(i) the Legislature;
882 
(ii) the governor; or
883 
(iii) the executive director.
884 
Section 16.  Section 36-2-4 is amended to read:
885 
36-2-4 . Legislative Compensation Commission created -- Governor's
886 
considerations in appointments -- Organization and expenses.
887 
(1) There is created a state Legislative Compensation Commission composed of seven
888 
members appointed by the governor[, not more than four of whom shall be from the
889 
same political party].
890 
(2)(a) Except as required by Subsection (2)(b), the members shall be appointed for
891 
four-year terms.
892 
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
893 
time of appointment or reappointment, adjust the length of terms to ensure that the
894 
terms of board members are staggered so that approximately half of the board is
895 
appointed every two years.
896 
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
897 
appointed for the unexpired term in the same manner as the vacated member was
898 
chosen.
899 
(3) In appointing members of the commission, the governor shall give consideration to
900 
achieving representation from the major geographic areas of the state, and representation
901 
from a broad cross section of occupational, professional, employee, and management
902 
interests.
903 
(4) The commission shall select a chair.  Four members of the commission shall constitute a
904 
quorum. The commission shall not make any final determination without the
905 
concurrence of a majority of the commission's members appointed and serving on the
906 
commission being present.
907 
(5) A member may not receive compensation or benefits for the member's service, but may
908 
receive per diem and travel expenses in accordance with:
909 
(a) Section 63A-3-106;
910 
(b) Section 63A-3-107; and
911 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
912 
63A-3-107.
- 27 - H.B. 412	Enrolled Copy
913 
(6)(a) The commission shall be a citizen commission and no member or employee of the
914 
legislative, judicial, or executive branch is eligible for appointment to the
915 
commission.
916 
(b) The executive director of the Governor's Office of Planning and Budget:
917 
(i) shall provide staff to the commission; and
918 
(ii) is responsible for administration, budgeting, procurement, and related
919 
management functions for the commission.
920 
Section 17.  Section 40-6-4 is amended to read:
921 
40-6-4 . Board of Oil, Gas, and Mining created -- Functions -- Appointment of
922 
members -- Terms -- Chair -- Quorum -- Expenses.
923 
(1)(a) There is created within the Department of Natural Resources the Board of Oil,
924 
Gas, and Mining.
925 
(b) The board shall be the policy making body for the Division of Oil, Gas, and Mining.
926 
(2)(a) The board shall consist of seven members appointed by the governor with the
927 
advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
928 
Vacancies.
929 
[(b) No more than four members shall be from the same political party.]
930 
[(c)] (b) In accordance with the requirements of Section 79-2-203, the members
931 
appointed under Subsection (2)(a) shall include the following:
932 
(i) two members who are knowledgeable in mining matters;
933 
(ii) two members who are knowledgeable in oil and gas matters;
934 
(iii) one member who is knowledgeable in ecological and environmental matters;
935 
(iv) one member who:
936 
(A) is a private land owner;
937 
(B) owns a mineral or royalty interest; and
938 
(C) is knowledgeable in mineral or royalty interests; and
939 
(v) one member who is knowledgeable in geological matters.
940 
(3)(a) Except as required by Subsection (3)(b), as terms of current board members
941 
expire, the governor shall appoint each new member or reappointed member to a
942 
four-year term.
943 
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
944 
time of appointment or reappointment, adjust the length of terms to ensure that the
945 
terms of board members are staggered so that approximately half of the board is
946 
appointed every two years.
- 28 - Enrolled Copy	H.B. 412
947 
(c) A member shall hold office until the expiration of the member's term and until the
948 
member's successor is appointed, but not more than 90 days after the expiration of the
949 
member's term.
950 
(4)(a) When a vacancy occurs in the membership for any reason, the replacement shall
951 
be appointed for the unexpired term by the governor with the advice and consent of
952 
the Senate.
953 
(b) The person appointed shall have the same qualifications as the person's predecessor.
954 
(5) When the governor makes a new appointment or reappointment under Subsection (3)(a),
955 
or a vacancy appointment under Subsection (4)(a), the governor's new appointment,
956 
reappointment, or vacancy appointment shall be made with the advice and consent of the
957 
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
958 
(6)(a) The board shall appoint its chair from the membership.
959 
(b) Four members of the board shall constitute a quorum for the transaction of business
960 
and the holding of hearings.
961 
(7) A member may not receive compensation or benefits for the member's service, but may
962 
receive per diem and travel expenses in accordance with:
963 
(a) Section 63A-3-106;
964 
(b) Section 63A-3-107; and
965 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
966 
63A-3-107.
967 
(8) A member shall comply with the conflict of interest provisions described in Title 63G,
968 
Chapter 24, Part 3, Conflicts of Interest.
969 
Section 18.  Section 51-7-16 is amended to read:
970 
51-7-16 . State Money Management Council -- Members -- Terms -- Vacancies --
971 
Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
972 
of interests -- Per diem and expenses.
973 
(1)(a) There is created a State Money Management Council composed of five members
974 
appointed or reappointed by the governor after consultation with the state treasurer
975 
and with the advice and consent of the Senate in accordance with Title 63G, Chapter
976 
24, Part 2, Vacancies.
977 
(b) The members of the council shall be qualified by training and experience in the field
978 
of investment or finance as follows:
979 
(i) at least one member, but not more than two members, shall be experienced in the
980 
banking business;
- 29 - H.B. 412	Enrolled Copy
981 
(ii) at least one member, but not more than two members, shall be an elected
982 
treasurer;
983 
(iii) at least one member, but not more than two members, shall be an appointed
984 
public treasurer; and
985 
(iv) two members, but not more than two members, shall be experienced in the field
986 
of investment.
987 
[(c) No more than three members of the council may be from the same political party.]
988 
(2)(a) Except as required by Subsection (2)(b), the council members shall be appointed
989 
for terms of four years.
990 
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
991 
time of appointment or reappointment, adjust the length of terms to ensure that the
992 
terms of council members are staggered so that approximately half of the council is
993 
appointed every two years.
994 
(c) When a vacancy occurs in the membership for any reason, the governor shall, with
995 
the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
996 
2, Vacancies, appoint a replacement for the unexpired term.
997 
(d) All members shall serve until their successors are appointed and qualified.
998 
(3)(a) The council members shall elect a chair and vice chair.
999 
(b) The state treasurer shall serve as executive secretary of the council without vote.
1000 
(4)(a) The council shall meet at least once per quarter at a regular date to be fixed by the
1001 
council and at other times at the call of the chair, the state treasurer, or any two
1002 
members of the council.
1003 
(b) Three members are a quorum for the transaction of business.
1004 
(c) Actions of the council require a vote of a majority of those present.
1005 
(d) All meetings of the council and records of its proceedings are open for inspection by
1006 
the public at the state treasurer's office during regular business hours except for:
1007 
(i) reports of the commissioner of financial institutions concerning the identity,
1008 
liquidity, or financial condition of qualified depositories and the amount of public
1009 
funds each is eligible to hold; and
1010 
(ii) reports of the director concerning the identity, liquidity, or financial condition of
1011 
certified dealers.
1012 
(5)(a) Each member of the council shall file a sworn or written statement with the
1013 
lieutenant governor that discloses any position or employment or ownership interest
1014 
that the member has in any financial institution or investment organization.
- 30 - Enrolled Copy	H.B. 412
1015 
(b) Each member shall file the statement required by this Subsection (5) when the
1016 
member becomes a member of the council and when substantial changes in the
1017 
member's position, employment, or ownership interests occur.
1018 
(c) Each member shall comply with the conflict of interest provisions described in Title
1019 
63G, Chapter 24, Part 3, Conflicts of Interest.
1020 
(6) A member may not receive compensation or benefits for the member's service, but may
1021 
receive per diem and travel expenses in accordance with:
1022 
(a) Section 63A-3-106;
1023 
(b) Section 63A-3-107; and
1024 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1025 
63A-3-107.
1026 
Section 19.  Section 53B-34-110 is amended to read:
1027 
53B-34-110 . Talent advisory councils.
1028 
(1) As used in this section:
1029 
(a) "Advisory council" means an advisory council the talent board creates under
1030 
Subsection (10).
1031 
(b) "Institution of higher education" means the same as the term is defined in Section
1032 
53B-1-102.
1033 
(c) "Talent initiative" means an initiative the board creates under Subsection (2).
1034 
(2)(a) Subject to legislative appropriations and in accordance with the proposal process
1035 
and other provisions of this section, the board shall develop and oversee one or more
1036 
talent initiatives that include providing funding for expanded programs at an
1037 
institution of higher education related to the talent initiative.
1038 
(b) The board shall ensure that a talent initiative the board creates:
1039 
(i) uses a name for the talent initiative that reflects the area the initiative is targeting;
1040 
(ii) contains an outline of the disciplines, industries, degrees, certifications,
1041 
credentials, and types of skills the talent initiative will target; and
1042 
(iii) uses a corresponding advisory council created in Subsection (10).
1043 
(3) In creating a talent initiative, the board shall facilitate collaborations between an
1044 
institution of higher education and participating employers that:
1045 
(a) create expanded, multidisciplinary programs or stackable credential programs offered
1046 
at a technical college, undergraduate, or graduate level of study; and
1047 
(b) prepare students to be workforce participants in jobs requiring skills related to a
1048 
talent initiative.
- 31 - H.B. 412	Enrolled Copy
1049 
(4)(a) An institution of higher education seeking to partner with one or more
1050 
participating employers to create a program related to a talent initiative shall submit a
1051 
proposal to the talent board through a process the talent board creates.
1052 
(b) An institution of higher education shall submit a proposal that contains:
1053 
(i) a description of the proposed program, including:
1054 
(A) implementation timelines for the program;
1055 
(B) a demonstration of how the program will be responsive to the talent needs
1056 
related to the talent initiative;
1057 
(C) an outline of relevant industry involvement that includes at least one
1058 
participating employer that partners with the institution of higher education; and
1059 
(D) an explanation of how the program addresses an unmet regional workforce
1060 
need related to a talent initiative;
1061 
(ii) an estimate of:
1062 
(A) projected student enrollment and completion rates for a program;
1063 
(B) the academic credit or credentials that a program will provide; and
1064 
(C) occupations for which a graduate will qualify;
1065 
(iii) evidence that each participating employer is committed to participating and
1066 
contributing to the program by providing any combination of:
1067 
(A) instruction;
1068 
(B) curriculum review;
1069 
(C) feedback regarding effectiveness of program graduates as employees;
1070 
(D) work-based learning opportunities; or
1071 
(E) mentoring;
1072 
(iv) a description of any resources a participating employer will provide within the
1073 
program; and
1074 
(v) the amount of funding requested for the program, including:
1075 
(A) the justification for the funding; and
1076 
(B) the cost per student served as estimated under Subsection (4)(b)(ii).
1077 
(5) In reviewing a proposal, the talent board shall provide a proposal to the relevant
1078 
advisory council described in Subsections (10) and (11).
1079 
(6) The relevant advisory council shall:
1080 
(a) review and prioritize each proposal the advisory council receives; and
1081 
(b) recommend to the talent board whether the proposal should be funded and the
1082 
funding amount based on:
- 32 - Enrolled Copy	H.B. 412
1083 
(i) the quality and completeness of the elements of the proposal described in
1084 
Subsection (4)(b);
1085 
(ii) to what extent the proposed program:
1086 
(A) would expand the capacity to meet state or regional workforce needs related
1087 
to the talent initiative;
1088 
(B) would integrate industry-relevant competencies with disciplinary expertise;
1089 
(C) would incorporate internships or significant project experiences, including
1090 
team-based experiences;
1091 
(D) identifies how industry professionals would participate in elements described
1092 
in Subsection (4)(b)(iii); and
1093 
(E) would be cost effective; and
1094 
(iii) other relevant criteria as the relevant advisory council and the talent board
1095 
determines.
1096 
(7) The board shall review the recommendations of an advisory council and may provide
1097 
funding for a program related to a talent initiative using the criteria described in
1098 
Subsection (6)(b).
1099 
(8) In a form that the board approves, each institution of higher education that receives
1100 
funding shall annually provide written information to the board regarding the activities,
1101 
successes, and challenges related to administering the program related to the talent
1102 
initiative, including:
1103 
(a) specific entities that received funding under this section;
1104 
(b) the amount of funding provided to each entity;
1105 
(c) the number of participating students in each program;
1106 
(d) the number of graduates of the program;
1107 
(e) the number of graduates of the program employed in jobs requiring skills related to
1108 
the talent initiative; and
1109 
(f) progress and achievements relevant to the implementation timeline submitted under
1110 
Subsection (4)(b)(i)(A).
1111 
(9) On or before October 1 of each year, the board shall provide an annual written report
1112 
containing the information described in Subsection (8) to the:
1113 
(a) Education Interim Committee; and
1114 
(b) Higher Education Appropriations Subcommittee.
1115 
(10) The talent board shall create a talent advisory council for each talent initiative created
1116 
under Subsection (2) to make recommendations to the board regarding the
- 33 - H.B. 412	Enrolled Copy
1117 
administration of a talent initiative including:
1118 
(a) a deep technology initiative;
1119 
(b) a life sciences workforce initiative; and
1120 
(c) health professions initiatives including a nursing initiative.
1121 
(11) An advisory council shall consist of the following members:
1122 
(a) four members who have extensive experience in the talent initiative's subject matter
1123 
from the private sector whom the chair of the talent board appoints and the board
1124 
approves;
1125 
(b) a representative of the board described in Section 53B-1-402 whom the chair of the
1126 
board appoints;
1127 
(c) a representative of the Governor's Office of Economic Opportunity whom the
1128 
executive director of the Governor's Office of Economic Opportunity appoints;
1129 
(d) a representative from Talent Ready Utah; and
1130 
[(e) one member of the Senate whom the president of the Senate appoints;]
1131 
[(f) one member of the House of Representatives whom the speaker of the House of
1132 
Representatives appoints; and]
1133 
[(g)] (e) any other specialized industry experts whom a majority of the advisory council
1134 
may invite to participate as needed as nonvoting members.
1135 
(12) Talent Ready Utah shall provide staff support for an advisory council.
1136 
(13)(a) Two advisory council members appointed under Subsection (11)(a) shall serve
1137 
an initial term of two years.
1138 
(b) Except as described in Subsection (13)(a), all other advisory council members shall
1139 
serve an initial term of four years.
1140 
(c) Successor advisory council members upon appointment or reappointment shall each
1141 
serve a term of four years.
1142 
(d) When a vacancy occurs in the membership for any reason, the initial appointing
1143 
authority shall appoint a replacement for the unexpired term.
1144 
(e) An advisory council member may not serve more than two consecutive terms.
1145 
(14) A vote of a majority of the advisory council members constitutes an action of the
1146 
advisory council.
1147 
(15) The duties of the advisory council include reviewing, prioritizing, and making
1148 
recommendations to the board regarding proposals for funding under the talent initiative
1149 
created in accordance with Subsection (2) for which the council was created.
1150 
(16) An advisory council member may not receive compensation or benefits for the
- 34 - Enrolled Copy	H.B. 412
1151 
member's service, but [an advisory council member who is not a legislator ]may receive
1152 
per diem and travel expenses in accordance with:
1153 
(a) Sections 63A-3-106 and 63A-3-107; and
1154 
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1155 
63A-3-107.
1156 
(17) The board may discontinue a talent initiative and the related talent advisory council by
1157 
majority vote.
1158 
Section 20.  Section 54-10a-202 is amended to read:
1159 
54-10a-202 . Committee of Consumer Services.
1160 
(1)(a) There is created within the office a committee known as the "Committee of
1161 
Consumer Services."
1162 
(b) A member of the committee shall maintain the member's principal residence within
1163 
Utah.
1164 
(2)(a) The governor shall appoint five members to the committee subject to Subsection
1165 
(3).
1166 
(b) Except as required by Subsection (2)(c), as terms of current committee members
1167 
expire, the governor shall appoint a new member or reappointed member to a
1168 
four-year term.
1169 
(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
1170 
time of appointment or reappointment, adjust the length of terms to ensure that the
1171 
terms of committee members are staggered so that approximately half of the
1172 
committee is appointed every two years.
1173 
(d) When a vacancy occurs in the membership for any reason, the governor shall appoint
1174 
a replacement for the unexpired term.
1175 
(3) Members of the committee shall represent the following consumer interests:
1176 
(a) one member shall be an individual with experience and understanding of issues
1177 
affecting low-income residents;
1178 
(b) one member shall be a retired person;
1179 
(c) one member shall be an individual with experience and understanding of issues
1180 
affecting small commercial consumers;
1181 
(d) one member shall be a farmer or rancher who uses electric power to pump water in
1182 
the member's farming or ranching operation; and
1183 
(e) one member shall be a residential consumer.
1184 
[(4)(a) No more than three members of the committee may be from the same political
- 35 - H.B. 412	Enrolled Copy
1185 
party.]
1186 
[(b)] (4) Subject to Subsection (3), for a member of the committee appointed on or after
1187 
May 12, 2009, the governor shall appoint, to the extent possible, an individual with
1188 
expertise or experience in:
1189 
[(i)] (a) public utility matters related to consumers;
1190 
[(ii)] (b) economics;
1191 
[(iii)] (c) accounting;
1192 
[(iv)] (d) financing;
1193 
[(v)] (e) engineering; or
1194 
[(vi)] (f) public utilities law.
1195 
(5) The governor shall designate one member as chair of the committee.
1196 
(6) A member may not receive compensation or benefits for the member's service, but may
1197 
receive per diem and travel expenses in accordance with:
1198 
(a) Section 63A-3-106;
1199 
(b) Section 63A-3-107; and
1200 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1201 
63A-3-107.
1202 
(7)(a) The committee may hold monthly meetings.
1203 
(b) The committee may hold other meetings, at the times and places the chair and a
1204 
majority of the committee determine.
1205 
(8)(a) Three members of the committee constitute a quorum of the committee.
1206 
(b) A majority of members voting when a quorum is present constitutes an action of the
1207 
committee.
1208 
Section 21.  Section 63H-8-201 is amended to read:
1209 
63H-8-201 . Creation -- Trustees -- Terms -- Vacancies -- Chair -- Powers --
1210 
Quorum -- Per diem and expenses -- Annual conflict of interest disclosure statement --
1211 
Penalties.
1212 
(1)(a) There is created an independent body politic and corporate, constituting a public
1213 
corporation, known as the "Utah Housing Corporation."
1214 
(b) The corporation may also be known and do business as the:
1215 
(i) Utah Housing Finance Association; and
1216 
(ii) Utah Housing Finance Agency in connection with a contract entered into when
1217 
that was the corporation's legal name.
1218 
(c) No other entity may use the names described in Subsections (1)(a) and (b) without
- 36 - Enrolled Copy	H.B. 412
1219 
the express approval of the corporation.
1220 
(2) The corporation is governed by a board of trustees composed of the following nine
1221 
trustees:
1222 
(a) the executive director of the Department of Workforce Services or the executive
1223 
director's designee;
1224 
(b) the commissioner of the Department of Financial Institutions or the commissioner's
1225 
designee;
1226 
(c) the state treasurer or the treasurer's designee; and
1227 
(d) six public trustees, who are private citizens of the state, as follows:
1228 
(i) two people who represent the mortgage lending industry;
1229 
(ii) two people who represent the home building and real estate industry; and
1230 
(iii) two people who represent the public at large.
1231 
(3) The governor shall:
1232 
(a) appoint the six public trustees of the corporation with the advice and consent of the
1233 
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
1234 
(b) ensure that[:]  the six public trustees are from different counties and are residents of
1235 
the state.
1236 
[(i) the six public trustees are from different counties and are residents of the state;
1237 
and]
1238 
[(ii) not more than three of the public trustees are members of the same political party.]
1239 
(4)(a) Except as required by Subsection (4)(b), the governor shall appoint the six public
1240 
trustees to terms of office of four years each.
1241 
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1242 
time of appointment or reappointment, adjust the length of terms to ensure that the
1243 
terms of corporation trustees are staggered so that approximately half of the board is
1244 
appointed every two years.
1245 
(5)(a) A public trustee of the corporation may be removed from office for cause either
1246 
by the governor or by an affirmative vote of six trustees of the corporation.
1247 
(b) When a vacancy occurs in the board of trustees for any reason, the replacement shall
1248 
be appointed for the unexpired term.
1249 
(c) A public trustee shall hold office for the term of appointment and until the trustee's
1250 
successor has been appointed and qualified.
1251 
(d) A public trustee is eligible for reappointment but may not serve more than two full
1252 
consecutive terms.
- 37 - H.B. 412	Enrolled Copy
1253 
(6)(a) The governor shall select the chair of the corporation.
1254 
(b) The trustees shall elect from among their number a vice chair and other officers they
1255 
may determine.
1256 
(7)(a) Five trustees of the corporation constitute a quorum for transaction of business.
1257 
(b) An affirmative vote of at least five trustees is necessary for any action to be taken by
1258 
the corporation.
1259 
(c) A vacancy in the board of trustees does not impair the right of a quorum to exercise
1260 
all rights and perform all duties of the corporation.
1261 
(8) A trustee may not receive compensation or benefits for the trustee's service, but may
1262 
receive per diem and travel expenses in accordance with:
1263 
(a) Section 63A-3-106;
1264 
(b) Section 63A-3-107; and
1265 
(c) rules made by the Division of Finance according to Sections 63A-3-106 and
1266 
63A-3-107.
1267 
(9) A trustee shall, no sooner than January 1 and no later than January 31 of each year
1268 
during which the trustee holds office on the board of trustees:
1269 
(a) prepare a written conflict of interest disclosure statement that contains a response to
1270 
each item of information described in Subsection 20A-11-1604(6); and
1271 
(b) submit the written disclosure statement to the administrator or clerk of the board of
1272 
trustees.
1273 
(10)(a) No later than 10 business days after the date on which the trustee submits the
1274 
written disclosure statement described in Subsection (9) to the administrator or clerk
1275 
of the board of trustees, the administrator or clerk shall:
1276 
(i) post a copy of the written disclosure statement on the corporation's website; and
1277 
(ii) provide the lieutenant governor with a link to the electronic posting described in
1278 
Subsection (10)(a)(i).
1279 
(b) The administrator or clerk shall ensure that the trustee's written disclosure statement
1280 
remains posted on the corporation's website until the trustee leaves office.
1281 
(11) The administrator or clerk of the board of trustees shall take the action described in
1282 
Subsection (12) if:
1283 
(a) a trustee fails to timely file the written disclosure statement described in Subsection
1284 
(9); or
1285 
(b) a submitted written disclosure statement does not comply with the requirements of
1286 
Subsection 20A-11-1604(6).
- 38 - Enrolled Copy	H.B. 412
1287 
(12) If a circumstance described in Subsection (11) occurs, the administrator or clerk of the
1288 
board of trustees shall, within five days after the day on which the administrator or clerk
1289 
determines that a violation occurred, notify the trustee of the violation and direct the
1290 
trustee to submit an amended written disclosure statement correcting the problem.
1291 
(13)(a) It is unlawful for a trustee to fail to submit or amend a written disclosure
1292 
statement within seven days after the day on which the trustee receives the notice
1293 
described in Subsection (12).
1294 
(b) A trustee who violates Subsection (13)(a) is guilty of a class B misdemeanor.
1295 
(c) The administrator or clerk of the board of trustees shall report a violation of
1296 
Subsection (13)(a) to the attorney general.
1297 
(d) In addition to the criminal penalty described in Subsection (13)(b), the administrator
1298 
or clerk of the board of trustees shall impose a civil fine of $100 against a member
1299 
who violates Subsection (13)(a).
1300 
(14) The administrator or clerk of the board shall deposit a fine collected under this section
1301 
into the corporation's account to pay for the costs of administering this section.
1302 
(15) In addition to the written disclosure statement described in Subsection (9), a trustee
1303 
described in Subsection (2)(d) shall also comply with the conflict of interest provisions
1304 
described in Section 63G-24-301.
1305 
Section 22.  Section 63M-15-201 is amended to read:
1306 
63M-15-201 . Composition -- Appointments -- Terms -- Removal.
1307 
(1) There is created within the governor's office the ["]Utah Marriage Commission.["]
1308 
[(2) The commission comprises at least 10 members but no more than 30 members,
1309 
appointed as follows:]
1310 
[(a) the president of the Senate shall appoint two members of the Senate;]
1311 
[(b) the speaker of the House of Representatives shall appoint two members of the
1312 
House of Representatives;]
1313 
[(c)] (2) [the ] The governor, or commission leadership under Section 63M-15-202, shall
1314 
appoint up to 28 commission members that:
1315 
[(i)] (a) may come from the following groups:
1316 
[(A)] (i) non-profit organizations or governmental agencies;
1317 
[(B)] (ii) social workers who are, or have been, licensed under Title 58, Chapter 60,
1318 
Part 2, Social Worker Licensing Act;
1319 
[(C)] (iii) psychologists who are, or have been, licensed under Title 58, Chapter 61,
1320 
Psychologist Licensing Act;
- 39 - H.B. 412	Enrolled Copy
1321 
[(D)] (iv) physicians who are, or have been, board certified in psychiatry and are, or
1322 
have been, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1323 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1324 
[(E)] (v) marriage and family therapists who are, or have been, licensed under Title
1325 
58, Chapter 60, Part 3, Marriage and Family Therapist Licensing Act;
1326 
[(F)] (vi) representatives of faith communities;
1327 
[(G)] (vii) public health professionals;
1328 
[(H)] (viii) representatives of domestic violence prevention organizations;
1329 
[(I)] (ix) academics from marriage and family studies departments, social or
1330 
behavioral sciences departments, health sciences departments, colleges of law, or
1331 
other related and supporting departments at institutions of higher education in this
1332 
state;
1333 
[(J)] (x) the general public;
1334 
[(K)] (xi) individuals with marketing or public relations experience; and
1335 
[(L)] (xii) legal professionals; or
1336 
[(ii)] (b) have skills or expertise the commission requires to fulfill the commission's
1337 
duties described in Section 63M-15-204.
1338 
(3)(a) An individual appointed under Subsection [(2)(c)] (2) shall serve for a term of four
1339 
years.
1340 
(b) If approved by the commission, an individual may be appointed for subsequent terms.
1341 
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
1342 
appointed by the applicable appointing authority for the remainder of the unexpired
1343 
term of the original appointment.
1344 
(d) Upon majority vote within commission leadership, commission leadership may
1345 
remove a member of the commission if the member is unable to serve.
1346 
(e) Commission leadership may appoint as many non-voting members as necessary if
1347 
the individuals appointed have skills or expertise related to the commission's duties,
1348 
described in Section 63M-15-204.
1349 
Section 23.  Section 63N-7-201 is amended to read:
1350 
63N-7-201 . Board of Tourism created -- Members -- Meetings -- Expenses.
1351 
(1) There is created within the tourism office the Board of Tourism Development.
1352 
(2)(a) The board shall consist of 15 members appointed or reappointed by the governor
1353 
to four-year terms with the advice and consent of the Senate.
1354 
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
- 40 - Enrolled Copy	H.B. 412
1355 
time of appointment or reappointment, adjust the length of terms to ensure that the
1356 
terms of board members are staggered so that approximately half of the board is
1357 
appointed every two years.
1358 
(3) The members may not serve more than two full consecutive terms unless the governor
1359 
determines that an additional term is in the best interest of the state.
1360 
[(4) Not more than eight members of the board may be from the same political party.]
1361 
[(5)] (4)(a) The members shall be representative of:
1362 
(i) all areas of the state with six being appointed from separate geographical areas as
1363 
provided in Subsection [(5)(b)] (4)(b); and
1364 
(ii) a diverse mix of business ownership or executive management of tourism related
1365 
industries.
1366 
(b) The geographical representatives shall be appointed as follows:
1367 
(i) one member from Salt Lake, Tooele, or Morgan County;
1368 
(ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
1369 
(iii) one member from Utah, Summit, Juab, or Wasatch County;
1370 
(iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
1371 
(v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
1372 
(vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
1373 
(c) The tourism industry representatives of ownership or executive management shall be
1374 
appointed as follows:
1375 
(i) one member from ownership or executive management of the lodging industry, as
1376 
recommended by the tourism industry for the governor's consideration;
1377 
(ii) one member from ownership or executive management of the restaurant industry,
1378 
as recommended by the restaurant industry for the governor's consideration;
1379 
(iii) one member from ownership or executive management of the ski industry, as
1380 
recommended by the ski industry for the governor's consideration; and
1381 
(iv) one member from ownership or executive management of a tourism-related
1382 
transportation provider, as recommended by the tourism industry for the
1383 
governor's consideration.
1384 
(d) One member shall be appointed at large from ownership or executive management of
1385 
business, finance, economic policy, or the academic media marketing community.
1386 
(e) One member shall be appointed from the Utah Tourism Industry Association, as
1387 
recommended by the association for the governor's consideration.
1388 
(f) One member shall be appointed to represent the state's counties, as recommended by
- 41 - H.B. 412	Enrolled Copy
1389 
the Utah Association of Counties for the governor's consideration.
1390 
(g) One member shall be appointed from an arts and cultural organization, as
1391 
recommended by the arts and cultural community for the governor's consideration.
1392 
(h) One member shall be appointed to represent the outdoor recreation industry, as
1393 
recommended by the outdoor recreation industry for the governor's consideration.
1394 
(i)(i) The governor may choose to disregard a recommendation made for the board
1395 
members described in Subsections [(5)(c)] (4)(c), (e), and (f) through (h).
1396 
(ii) The governor shall request additional recommendations if recommendations are
1397 
disregarded under Subsection [(5)(i)(i)] (4)(i)(i).
1398 
[(6)] (5) When a vacancy occurs in the membership for any reason, the governor shall, with
1399 
the advice and consent of the Senate, appoint a replacement for the unexpired term from
1400 
the same geographic area or industry representation as the member whose office was
1401 
vacated.
1402 
[(7)] (6) Eight members of the board constitute a quorum for conducting board business and
1403 
exercising board powers.
1404 
[(8)] (7) The governor shall select one of the board members as chair and one of the board
1405 
members as vice chair, each for a four-year term as recommended by the board for the
1406 
governor's consideration.
1407 
[(9)] (8) A member may not receive compensation or benefits for the member's service, but
1408 
may receive per diem and travel expenses in accordance with:
1409 
(a) Section 63A-3-106;
1410 
(b) Section 63A-3-107; and
1411 
(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1412 
[(10)] (9) The board shall meet monthly or as often as the board determines to be necessary
1413 
at various locations throughout the state.
1414 
[(11)] (10) Members who may have a potential conflict of interest in consideration of fund
1415 
allocation decisions shall identify the potential conflict prior to voting on the issue.
1416 
[(12)] (11)(a) The board shall determine attendance requirements for maintaining a
1417 
designated board seat.
1418 
(b) If a board member fails to attend according to the requirements established pursuant
1419 
to Subsection (12)(a), the board member shall be replaced upon written certification
1420 
from the board chair or vice chair to the governor.
1421 
(c) A replacement appointed by the governor under Subsection (12)(b) shall serve for
1422 
the remainder of the board member's unexpired term.
- 42 - Enrolled Copy	H.B. 412
1423 
[(13)] (12)(a) The board's office shall be in Salt Lake City.
1424 
(b) The tourism office shall provide staff support to the board.
1425 
Section 24.  Section 67-8-4 is amended to read:
1426 
67-8-4 . State Elected Official and Judicial Compensation Commission created --
1427 
Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum --
1428 
Compensation -- Staff.
1429 
(1) There is created a state Elected Official and Judicial Compensation Commission
1430 
comprised of six members[, not more than three of whom may be from the same
1431 
political party,] appointed as follows:
1432 
(a) one member appointed by the governor;
1433 
(b) one member appointed by the president of the Senate;
1434 
(c) one member appointed by the speaker of the House of Representatives;
1435 
(d) two members appointed by the other three appointed members; and
1436 
(e) one member appointed by the State Bar Commission.
1437 
(2)(a) Except as required by Subsection (2)(b), all persons appointed to the commission
1438 
shall serve four-year terms or until their successors are duly appointed and qualified.
1439 
(b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority
1440 
shall, at the time of appointment or reappointment, adjust the length of terms to
1441 
ensure that the terms of commission members are staggered so that approximately
1442 
half of the commission is appointed every two years.
1443 
(3)(a) The commission shall select a chair and a vice chair from opposite political parties
1444 
at its first meeting.
1445 
(b) Four members of the commission constitute a quorum.
1446 
(c) The action of a majority of a quorum constitutes the action of the commission.
1447 
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
1448 
appointed for the unexpired term.
1449 
(5) An individual may not serve as a member of the commission if the individual is a
1450 
member or employee of the legislative branch, judicial branch, or executive branch.
1451 
(6) A member may not receive compensation or benefits for the member's service, but may
1452 
receive per diem and travel expenses in accordance with:
1453 
(a) Section 63A-3-106;
1454 
(b) Section 63A-3-107; and
1455 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1456 
63A-3-107.
- 43 - H.B. 412	Enrolled Copy
1457 
(7) A nonpartisan office of the Legislature, selected by the president of the Senate and the
1458 
speaker of the House of Representatives, shall staff the commission.
1459 
Section 25.  Section 73-10-2 is amended to read:
1460 
73-10-2 . Board of Water Resources -- Members -- Appointment -- Terms --
1461 
Vacancies.
1462 
(1)[(a)] The Board of Water Resources shall be comprised of nine members to be
1463 
appointed by the governor with the advice and consent of the Senate in accordance
1464 
with Title 63G, Chapter 24, Part 2, Vacancies.
1465 
[(b) In addition to the requirements of Section 79-2-203, not more than five members
1466 
shall be from the same political party.]
1467 
(2) [The] Subject to Section 79-2-203, the Board of Water Resources shall consist of:
1468 
(a) one member appointed from each of the following districts:
1469 
(i) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
1470 
(ii) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
1471 
(iii) Salt Lake District, comprising the counties of Salt Lake and Tooele;
1472 
(iv) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
1473 
(v) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute,
1474 
and Wayne;
1475 
(vi) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
1476 
(vii) Upper Colorado River District, comprising the counties of Carbon, Emery,
1477 
Grand, and San Juan; and
1478 
(viii) Lower Colorado River District, comprising the counties of Beaver, Garfield,
1479 
Iron, Washington, and Kane; and
1480 
(b) one member that represents the interests of the Great Salt Lake.
1481 
(3)(a) Except as required by Subsection (3)(b), all appointments shall be for terms of
1482 
four years.
1483 
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1484 
time of appointment or reappointment, adjust the length of terms to ensure that the
1485 
terms of board members are staggered so that approximately half of the board is
1486 
appointed every two years.
1487 
(c) When a vacancy occurs in the membership for any reason, the governor shall appoint
1488 
a replacement member for the unexpired term, with the advice and consent of the
1489 
Senate, who:
1490 
(i) is from the same district as the individual leaving the board; or
- 44 - Enrolled Copy	H.B. 412
1491 
(ii) if the individual leaving the board is appointed under Subsection (2)(b),
1492 
represents the interests of the Great Salt Lake.
1493 
(4) A member may not receive compensation or benefits for the member's service, but may
1494 
receive per diem and travel expenses in accordance with:
1495 
(a) Section 63A-3-106;
1496 
(b) Section 63A-3-107; and
1497 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1498 
63A-3-107.
1499 
(5) A member shall comply with the conflict of interest provisions described in Title 63G,
1500 
Chapter 24, Part 3, Conflicts of Interest.
1501 
Section 26.  Section 78A-12-201 is amended to read:
1502 
78A-12-201 . Judicial Performance Evaluation Commission -- Creation --
1503 
Membership.
1504 
(1) There is created an independent commission called the Judicial Performance Evaluation
1505 
Commission consisting of 13 members, as follows:
1506 
(a) two members appointed by the president of the Senate, only one of whom may be a
1507 
member of the Utah State Bar;
1508 
(b) two members appointed by the speaker of the House of Representatives, only one of
1509 
whom may be a member of the Utah State Bar;
1510 
(c) four members appointed by the members of the Supreme Court, at least one of
1511 
whom, but not more than two of whom, may be a member of the Utah State Bar;
1512 
(d) four members appointed by the governor, at least one of whom, but not more than
1513 
two of whom, may be a member of the Utah State Bar; and
1514 
(e) the executive director of the Commission on Criminal and Juvenile Justice.
1515 
(2)(a) The president of the Senate and the speaker of the House of Representatives shall
1516 
confer when appointing members under Subsections (1)(a) and (b) to ensure that
1517 
there is at least one member from among their four appointees who is a member of
1518 
the Utah State Bar.
1519 
[(b) Each of the appointing authorities may appoint no more than half of the appointing
1520 
authority's members from the same political party.]
1521 
[(c)] (b) A sitting legislator or a sitting judge may not serve as a commission member.
1522 
(3)(a) A member appointed under Subsection (1) shall be appointed for a four-year term.
1523 
(b) A member may serve no more than three consecutive terms.
1524 
(4) At the time of appointment, the terms of commission members shall be staggered so that
- 45 - H.B. 412	Enrolled Copy
1525 
approximately half of commission members' terms expire every two years.
1526 
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
1527 
appointed for the unexpired term by the same appointing authority that appointed the
1528 
member creating the vacancy.
1529 
(6)(a) Eight members of the commission constitute a quorum.
1530 
(b) The action of a majority of the quorum constitutes the action of the commission,
1531 
except that the commission may not make a determination that a judge meets or
1532 
exceeds minimum performance standards, or that a judge does not meet or exceed
1533 
minimum performance standards, by a vote of less than six members.
1534 
(c) If, because of absences, the commission is unable to make a determination described
1535 
in Subsection (6)(b) by at least six votes, the commission may meet a second time to
1536 
make a determination.
1537 
(d) If a vote on the question of whether a judge meets or exceeds minimum performance
1538 
standards or does not meet or exceed minimum performance standards ends in a tie
1539 
or does not pass by at least six votes, the record shall reflect that the commission
1540 
made no determination in relation to that judge.
1541 
Section 27.  Section 79-3-302 is amended to read:
1542 
79-3-302 . Members of board -- Qualifications and appointment -- Vacancies --
1543 
Organization -- Meetings -- Financial gain prohibited -- Expenses.
1544 
(1) The board consists of seven members appointed by the governor, with the advice and
1545 
consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
1546 
(2) In addition to the requirements of Section 79-2-203, the members shall have the
1547 
following qualifications:
1548 
(a) one member knowledgeable in the field of geology as applied to the practice of civil
1549 
engineering;
1550 
(b) four members knowledgeable and representative of various segments of the mineral
1551 
industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial
1552 
minerals;
1553 
(c) one member knowledgeable of the economic or scientific interests of the mineral
1554 
industry in the state; and
1555 
(d) one member who is interested in the goals of the survey and from the public at large.
1556 
(3) The director of the School and Institutional Trust Lands Administration is an ex officio
1557 
member of the board but without any voting privileges.
1558 
(4)(a) Except as required by Subsection (4)(b), members are appointed for terms of four
- 46 - Enrolled Copy	H.B. 412
1559 
years.
1560 
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
1561 
time of appointment or reappointment, adjust the length of terms to ensure that the
1562 
terms of board members are staggered so that approximately half of the board is
1563 
appointed every two years.
1564 
[(c) No more than four members may be of the same political party.]
1565 
[(d)] (c) When a vacancy occurs in the membership for any reason, the replacement shall
1566 
be appointed for the unexpired term by the governor with the advice and consent of
1567 
the Senate.
1568 
(5) The board shall select from its members a chair and such officers and committees as it
1569 
considers necessary.
1570 
(6)(a) The board shall hold meetings at least quarterly on such dates as may be set by its
1571 
chair.
1572 
(b) Special meetings may be held upon notice of the chair or by a majority of its
1573 
members.
1574 
(c) A majority of the members of the board present at a meeting constitutes a quorum for
1575 
the transaction of business.
1576 
(7)(a) Members of the board may not obtain financial gain by reason of information
1577 
obtained during the course of their official duties.
1578 
(b) A member shall comply with the conflict of interest provisions described in Title
1579 
63G, Chapter 24, Part 3, Conflicts of Interest.
1580 
(8) A member may not receive compensation or benefits for the member's service, but may
1581 
receive per diem and travel expenses in accordance with:
1582 
(a) Section 63A-3-106;
1583 
(b) Section 63A-3-107; and
1584 
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1585 
63A-3-107.
1586 
Section 28.  Effective Date.
1587 
This bill takes effect on May 7, 2025.
- 47 -