Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 163 First Substitute (2017GS)

Sponsor

Rep. Hall, C.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires that local per diem and travel expenses for board members serving on a board created by or within a political subdivision not exceed rates established by the Division of Finance; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

MUNICIPALITY PER DIEM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Craig Hall
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill modifies provisions related to per diem and travel expenses.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires that local per diem and travel expenses for board members serving on a
board created by or within a political subdivision not exceed rates established by the
Division of Finance; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-301
, as last amended by Laws of Utah 2011, Chapter 107
17-16-16
, as last amended by Laws of Utah 2011, Chapter 297
17-27a-301
, as last amended by Laws of Utah 2016, Chapter 411
17-31-8
, as last amended by Laws of Utah 2006, Chapter 134
17-33-4
, as last amended by Laws of Utah 2016, Chapter 145
17B-1-307
, as last amended by Laws of Utah 2013, Chapter 448
17B-1-312
, as last amended by Laws of Utah 2016, Chapter 273
17B-2a-807
, as last amended by Laws of Utah 2016, Chapter 205
17D-3-301
, as enacted by Laws of Utah 2008, Chapter 360
ENACTS:
11-55-101
, Utah Code Annotated 1953
11-55-102
, Utah Code Annotated 1953
11-55-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-301
 is amended to read:
10-9a-301.
Ordinance establishing planning commission required -- Ordinance
requirements -- Compensation.
(1) (a) Each municipality shall enact an ordinance establishing a planning commission.
(b) The ordinance shall define:
(i) the number and terms of the members and, if the municipality chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection (1)(c), the rules of order and procedure for use by the
planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning
commission.
(c) Subsection (1)(b)(v) does not affect the planning commission's duty to comply with
Title 52, Chapter 4, Open and Public Meetings Act.
(2) The legislative body may [
fix per diem compensation for the members of the
planning commission, based on necessary and reasonable expenses and on meetings actually
attended.
] 
authorize a member to receive per diem and travel expenses for meetings actually
attended, in accordance with Section 
11-55-103
.
Section 2. Section 
11-55-101
 is enacted to read:
CHAPTER 55. POLITICAL SUBDIVISION BOARD COMPENSATION 
 11-55-101.
Title.
This chapter is known as "Political Subdivision Board Compensation."
Section 3. Section 
11-55-102
 is enacted to read:
 11-55-102.
Definitions.
As used in this chapter:
(1) "Board" means the same as that term is defined in Section 
63A-3-106
.
(2) "Board member" means the same as that term is defined in Section 
63A-3-106
.
(3) "Municipality" means the same as that term is defined in Section 
10-1-104
.
(4) "Political subdivision" means a county, municipality, school district, limited
purpose local government entity described in Title 17B, Limited Purpose Local Government
Entities - Local Districts, Title 17C, Limited Purpose Local Government Entities - Community
Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other
Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
Interlocal Cooperation Act, or any other governmental subdivision or public corporation.
Section 4. Section 
11-55-103
 is enacted to read:
 11-55-103.
General provisions.
(1) A political subdivision may authorize a board member who serves on a board
within or created by the political subdivision to receive per diem and travel expenses for
meetings actually attended at a rate that the political subdivision establishes, subject to
Subsection (2).
(2) A political subdivision may not establish rates for payment of per diem and travel
expenses described in Subsection (1) that exceed the rates established in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) a rule adopted by the Division of Finance in accordance with Sections 
63A-3-106
and 
63A-3-107
.
(3) Nothing in this section limits or supercedes the authority of a political subdivision
to set compensation in accordance with Section 
10-3-818
, 
11-13-403
, 
17-28-2
, 
17-33-4
,
17B-1-307
, or 
17D-1-305
.
Section 5. Section 
17-16-16
 is amended to read:
17-16-16.
Commissioners' traveling expenses.
(1) The members of the board of county commissioners may not receive any
compensation in addition to that provided in Section 
17-16-14
 for any special or committee
work, but, subject to Subsection (2), each member shall [
be paid the amount of the member's
actual and reasonable traveling expenses in
] 
receive travel expenses for
 attending the regular
and special sessions of the board and in the discharge of necessary duties
, in accordance with
Section 
11-55-103
.
(2) Before receiving [
payment for the actual and reasonable traveling expenses
] 
travel
expenses
 described in Subsection (1), the member shall:
(a) submit an itemized statement showing in detail the expenses incurred; and
(b) subscribe and swear to the statement described in Subsection (2)(a).
Section 6. Section 
17-27a-301
 is amended to read:
17-27a-301.
Ordinance establishing planning commission required -- Exception --
Ordinance requirements -- Planning advisory area planning commission --
Compensation.
(1) (a) Except as provided in Subsection (1)(b), each county shall enact an ordinance
establishing a countywide planning commission for the unincorporated areas of the county not
within a planning advisory area.
(b) Subsection (1)(a) does not apply if all of the county is included within any
combination of:
(i) municipalities;
(ii) planning advisory areas with their own planning commissions; and
(iii) mountainous planning districts.
(c) (i) Notwithstanding Subsection (1)(a), and except as provided in Subsection
(1)(c)(ii), a county that designates a mountainous planning district shall enact an ordinance,
subject to Subsection (1)(c)(ii), establishing a planning commission that has jurisdiction over
the entire mountainous planning district, including areas of the mountainous planning district
that are also located within a municipality or are unincorporated.
(ii) A planning commission described in Subsection (1)(c)(i):
(A) does not have jurisdiction over a municipality described in Subsection
10-9a-304
(2)(b); and
(B) has jurisdiction subject to a local health department exercising its authority in
accordance with Title 26A, Chapter 1, Local Health Departments and a municipality exercising
the municipality's authority in accordance with Section 
10-8-15
.
(iii) The ordinance shall require that:
(A) members of the planning commission represent areas located in the unincorporated
and incorporated county;
(B) members of the planning commission be registered voters who reside either in the
unincorporated or incorporated county;
(C) at least one member of the planning commission resides within the mountainous
planning district; and
(D) the county designate up to four seats on the planning commission, and fill each
vacancy in the designated seats in accordance with the procedure described in Subsection (7). 
(2) (a) The ordinance described in Subsection (1)(a) or (c) shall define:
(i) the number and terms of the members and, if the county chooses, alternate
members;
(ii) the mode of appointment;
(iii) the procedures for filling vacancies and removal from office;
(iv) the authority of the planning commission;
(v) subject to Subsection (2)(b), the rules of order and procedure for use by the
planning commission in a public meeting; and
(vi) other details relating to the organization and procedures of the planning
commission.
(b) Subsection (2)(a)(v) does not affect the planning commission's duty to comply with
Title 52, Chapter 4, Open and Public Meetings Act.
(3) (a) (i) If the county establishes a planning advisory area planning commission, the
county legislative body shall enact an ordinance that defines:
(A) appointment procedures;
(B) procedures for filling vacancies and removing members from office;
(C) subject to Subsection (3)(a)(ii), the rules of order and procedure for use by the
planning advisory area planning commission in a public meeting; and
(D) details relating to the organization and procedures of each planning advisory area
planning commission.
(ii) Subsection (3)(a)(i)(C) does not affect the planning advisory area planning
commission's duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) The planning commission for each planning advisory area shall consist of seven
members who shall be appointed by:
(i) in a county operating under a form of government in which the executive and
legislative functions of the governing body are separated, the county executive with the advice
and consent of the county legislative body; or
(ii) in a county operating under a form of government in which the executive and
legislative functions of the governing body are not separated, the county legislative body.
(c) (i) Members shall serve four-year terms and until their successors are appointed and
qualified.
(ii) Notwithstanding the provisions of Subsection (3)(c)(i), members of the first
planning commissions shall be appointed so that, for each commission, the terms of at least one
member and no more than two members expire each year.
(d) (i) Each member of a planning advisory area planning commission shall be a
registered voter residing within the planning advisory area.
(ii) Subsection (3)(d)(i) does not apply to a member described in Subsection (4)(a) if
that member was, prior to May 12, 2015, authorized to reside outside of the planning advisory
area.
(4) (a) A member of a planning commission who was elected to and served on a
planning commission on May 12, 2015, shall serve out the term to which the member was
elected.
(b) Upon the expiration of an elected term described in Subsection (4)(a), the vacant
seat shall be filled by appointment in accordance with this section.
(5) Upon the appointment of all members of a planning advisory area planning
commission, each planning advisory area planning commission under this section shall begin to
exercise the powers and perform the duties provided in Section 
17-27a-302
 with respect to all
matters then pending that previously had been under the jurisdiction of the countywide
planning commission or planning advisory area planning and zoning board.
(6) The legislative body may [
fix per diem compensation for the members of the
planning commission, based on necessary and reasonable expenses and on meetings actually
attended.
] 
authorize a member of a planning commission to receive per diem and travel
expenses for meetings actually attended, in accordance with Section 
11-55-103
.
(7) (a) Subject to Subsection (7)(f), a county shall fill a vacancy in a planning
commission seat described in Subsection (1)(c)(iii)(D) in accordance with this Subsection (7).
(b) If a county designates one or more planning commission seats under Subsection
(1)(c)(iii)(D), the county shall identify at least one and up to four cities that:
(i) (A) are adjacent to the mountainous planning district; and
(B) border the entrance to a canyon that is located within the boundaries of the
mountainous planning district and accessed by a paved road maintained by the county or the
state; or
(ii) exercise extraterritorial jurisdiction in accordance with Section 
10-8-15
.
(c) When there is a vacancy in a planning commission seat described in Subsection
(1)(c)(iii)(D), the county shall send a written request to one of the cities described in
Subsection (7)(b), on a rotating basis, if applicable, for a list of three individuals, who satisfy
the requirements described in Subsection (1)(c)(iii)(B), to fill the vacancy.
(d) The city shall respond to a written request described in Subsection (7)(c) within 60
days after the day on which the city receives the written request.
(e) After the county receives the city's list of three individuals, the county shall submit
one of the individuals on the list for appointment to the vacant planning commission seat in
accordance with county ordinance.
(f) The county shall fill the vacancy in accordance with the county's standard procedure
if the city fails to timely respond to the written request. 
Section 7. Section 
17-31-8
 is amended to read:
17-31-8.
Tourism tax advisory boards.
(1) (a) Except as provided in Subsection (1)(b), any county that collects the following
taxes shall operate a tourism tax advisory board:
(i) the tax allowed under Section 
59-12-301
; or
(ii) the tax allowed under Section 
59-12-603
.
(b) Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the
county has an existing board, council, committee, convention visitor's bureau, or body that
substantially conforms with Subsections (2), (3), and (4).
(2) A tourism tax advisory board created under Subsection (1) shall consist of at least
five members.
(3) A tourism tax advisory board shall be composed of the following members that are
residents of the county:
(a) a majority of the members shall be current employees of entities in the county that
are subject to the taxes referred to in Section 
59-12-301
 or 
59-12-603
; and
(b) the balance of the board's membership shall be employees of recreational facilities,
convention facilities, museums, cultural attractions, or other tourism related industries located
within the county.
(4) (a) Each tourism tax advisory board shall advise the county legislative body on the
best use of revenues collected from the tax allowed under Section 
59-12-301
 by providing the
legislative body with a priority listing for proposed expenditures based on projected available
tax revenues supplied to the board by the county legislative body on an annual basis.
(b) Each tourism tax advisory board in a county operating under the county
commission form of government under Section 
17-52-501
 or the expanded county commission
form under Section 
17-52-502
 shall advise the county legislative body on the best use of
revenues collected from the tax allowed under Section 
59-12-603
 by providing the legislative
body with a priority listing for proposed expenditures based on projected available tax revenues
supplied to the board by the county legislative body on an annual basis.
(5) A member of any county tourism tax advisory board:
(a) may not receive compensation or benefits for the member's services; and
(b) may receive per diem and 
travel
 expenses incurred in the performance of the
member's official duties
, in accordance with Section 
11-55-103
.
Section 8. Section 
17-33-4
 is amended to read:
17-33-4.
Career service council -- Members and alternate members -- Powers and
duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of
council members.
(1) (a) (i) There shall be in each county establishing a system a three-member
bipartisan career service council appointed by the county executive. The members of the
council shall be persons in sympathy with the application of merit principles to public
employment.
(ii) (A) The county executive may appoint alternate members of the career service
council to hear appeals that one or more regular career service council members are unable to
hear.
(B) The term of an alternate member of the career service council may not exceed one
year.
(b) The council shall hear appeals not resolved at lower levels in the cases of career
service employees suspended, transferred, demoted, or dismissed as well in the cases of other
grievances not resolved by the grievance procedure at the division or departmental level.
(c) The career service council:
(i) may make an initial determination in each appeal whether the appeal is one of the
types of matters under Subsection (1)(b) over which the council has jurisdiction;
(ii) shall, subject to Section 
17-33-4.5
, review written appeals in cases of applicants
rejected for examination and report final binding appeals decisions, in writing, to the county
legislative body;
(iii) may not hear any other personnel matter; and
(iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
(d) (i) A person adversely affected by a decision of the career service council may
appeal the decision to the district court.
(ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is
filed within 30 days after the career service council issues its decision.
(iii) If there is a record of the career service council proceedings, the district court
review shall be limited to the record provided by the career service council.
(iv) In reviewing a decision of the career service council, the district court shall
presume that the decision is valid and may determine only whether the decision is arbitrary or
capricious.
(2) Each council member shall serve a term of three years to expire on June 30, three
years after the date of his or her appointment, except that original appointees shall be chosen as
follows: one member for a term expiring June 30, 1982; one member for a term expiring June
30, 1983; and one member for a term expiring June 30, 1984. Successors of original council
members shall be chosen for three-year terms. An appointment to fill a vacancy on the council
shall be for only the unexpired term of the appointee's successor. Each member of the board
shall hold office until his successor is appointed and confirmed. A member of the council may
be removed by the county executive for cause, after having been given a copy of the charges
against him or her and an opportunity to be heard publicly on the charges before the county
legislative body. Adequate annual appropriations shall be made available to enable the council
effectively to carry out its duties under this law.
(3) Members and alternates of the council shall be United States citizens and be actual
and bona fide residents of the state of Utah and the county from which appointed for a period
of not less than one year preceding the date of appointment and a member may not hold another
government office or be employed by the county.
(4) The council shall elect one of its members as chairperson, and two or more
members of the council shall constitute a quorum necessary for carrying on the business and
activity of the council.
(5) The council shall have subpoena power to compel attendance of witnesses, and to
authorize witness fees where it deems appropriate, to be paid at the same rate as in justice
courts.
(6) (a) [
(i)
] Council members shall receive compensation for each day or partial day
they are in session at a per diem rate [
determined by the county legislative body
] 
established in
accordance with Section 11-55-103
.
[
(ii)
] 
(b)
 An alternate member shall receive compensation for each day or partial day
that the alternate member is required to replace a regular council member, at a per diem rate
[
determined by the county legislative body
] 
established in accordance with Section 11-55-103
.
[
(b) The county legislative body may periodically adjust the compensation rate for
inflation.
]
Section 9. Section 
17B-1-307
 is amended to read:
17B-1-307.
Annual compensation -- Per diem compensation -- Participation in
group insurance plan -- Reimbursement of expenses.
(1) (a) Except as provided in Subsection 
17B-1-308
(1)(e), a member of a board of
trustees may receive compensation for service on the board, as determined by the board of
trustees.
(b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
year.
(c) (i) As determined by the board of trustees, a member of the board of trustees may
participate in a group insurance plan provided to employees of the local district on the same
basis as employees of the local district.
(ii) The amount that the local district pays to provide a member with coverage under a
group insurance plan shall be included as part of the member's compensation for purposes of
Subsection (1)(b).
(d) The amount that a local district pays employer-matching employment taxes, if a
member of the board of trustees is treated as an employee for federal tax purposes, does not
constitute compensation under Subsection (1).
(2) In addition to the compensation provided under Subsection (1), the board of
trustees may elect to allow a member to receive per diem and travel expenses for up to 12
meetings or activities per year in accordance with[
:
] 
Section 
11-55-103
.
[
(a) Section 
63A-3-106
;
]
[
(b) Section 
63A-3-107
; and
]
[
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
]
Section 10. Section 
17B-1-312
 is amended to read:
17B-1-312.
Training for board members.
(1) (a) Each member of a board of trustees of a local district shall, within one year after
taking office, complete the training described in Subsection (2).
(b) For the purposes of Subsection (1)(a), a member of a board of trustees of a local
district takes office each time the member is elected or appointed to a new term, including an
appointment to fill a midterm vacancy in accordance with Subsection 
17B-1-303
(5) or (6). 
(2) In conjunction with the Utah Association of Special Districts, the state auditor
shall:
(a) develop a training curriculum for the members of local district boards; and
(b) with the assistance of other state offices and departments the state auditor considers
appropriate and at times and locations established by the state auditor, carry out the training of
members of local district boards.
(3) (a) A local district board of trustees may compensate each member of the board [
up
to $100 per day
] for each day of training described in Subsection (2) that the member
completes
, in accordance with Section 
11-55-103
.
(b) The [
per diem amount
] 
compensation
 authorized under Subsection (3)(a) is in
addition to all other amounts of compensation and expense reimbursement authorized under
this chapter.
(c) A board of trustees may not pay compensation under Subsection (3)(a) to any board
member more than once per year.
(4) The state auditor shall issue a certificate of completion to each board member that
completes the training described in Subsection (2).
Section 11. Section 
17B-2a-807
 is amended to read:
17B-2a-807.
Public transit district board of trustees -- Appointment --
Apportionment -- Qualifications -- Quorum -- Compensation -- Terms.
(1) (a) If 200,000 people or fewer reside within the boundaries of a public transit
district, the board of trustees shall consist of members appointed by the legislative bodies of
each municipality, county, or unincorporated area within any county on the basis of one
member for each full unit of regularly scheduled passenger routes proposed to be served by the
district in each municipality or unincorporated area within any county in the following calendar
year.
(b) For purposes of determining membership under Subsection (1)(a), the number of
service miles comprising a unit shall be determined jointly by the legislative bodies of the
municipalities or counties comprising the district.
(c) The board of trustees of a public transit district under this Subsection (1) may
include a member that is a commissioner on the Transportation Commission created in Section
72-1-301
 and appointed as provided in Subsection (11), who shall serve as a nonvoting, ex
officio member.
(d) Members appointed under this Subsection (1) shall be appointed and added to the
board or omitted from the board at the time scheduled routes are changed, or as municipalities,
counties, or unincorporated areas of counties annex to or withdraw from the district using the
same appointment procedures.
(e) For purposes of appointing members under this Subsection (1), municipalities,
counties, and unincorporated areas of counties in which regularly scheduled passenger routes
proposed to be served by the district in the following calendar year is less than a full unit, as
defined in Subsection (1)(b), may combine with any other similarly situated municipality or
unincorporated area to form a whole unit and may appoint one member for each whole unit
formed.
(2) (a) Subject to Section 
17B-2a-807.5
, if more than 200,000 people reside within the
boundaries of a public transit district, the board of trustees shall consist of:
(i) 11 members:
(A) appointed as described under this Subsection (2); or
(B) retained in accordance with Section 
17B-2a-807.5
;
(ii) three members appointed as described in Subsection (4);
(iii) one voting member appointed as provided in Subsection (11); and
(iv) one nonvoting member appointed as provided in Subsection (12).
(b) Except as provided in Subsections (2)(c) and (d), the board shall apportion voting
members to each county within the district using an average of:
(i) the proportion of population included in the district and residing within each county,
rounded to the nearest 1/11 of the total transit district population; and
(ii) the cumulative proportion of transit sales and use tax collected from areas included
in the district and within each county, rounded to the nearest 1/11 of the total cumulative transit
sales and use tax collected for the transit district.
(c) The board shall join an entire or partial county not apportioned a voting member
under this Subsection (2) with an adjacent county for representation. The combined
apportionment basis included in the district of both counties shall be used for the
apportionment.
(d) (i) If rounding to the nearest 1/11 of the total public transit district apportionment
basis under Subsection (2)(b) results in an apportionment of more than 11 members, the county
or combination of counties with the smallest additional fraction of a whole member proportion
shall have one less member apportioned to it.
(ii) If rounding to the nearest 1/11 of the total public transit district apportionment
basis under Subsection (2)(b) results in an apportionment of less than 11 members, the county
or combination of counties with the largest additional fraction of a whole member proportion
shall have one more member apportioned to it.
(e) If the population of a county is at least 750,000, the county executive, with the
advice and consent of the county legislative body, shall appoint one voting member to
represent the population of the county.
(f) If a municipality's population is at least 160,000, the chief municipal executive,
with the advice and consent of the municipal legislative body, shall appoint one voting member
to represent the population within a municipality.
(g) (i) The number of voting members appointed from a county and municipalities
within a county under Subsections (2)(e) and (f) shall be subtracted from the county's total
voting member apportionment under this Subsection (2).
(ii) Notwithstanding Subsections (2)(l) and (10), no more than one voting member
appointed by an appointing entity may be a locally elected public official.
(h) If the entire county is within the district, the remaining voting members for the
county shall represent the county or combination of counties, if Subsection (2)(c) applies, or
the municipalities within the county.
(i) If the entire county is not within the district, and the county is not joined with
another county under Subsection (2)(c), the remaining voting members for the county shall
represent a municipality or combination of municipalities.
(j) (i) Except as provided under Subsections (2)(e) and (f), voting members
representing counties, combinations of counties if Subsection (2)(c) applies, or municipalities
within the county shall be designated and appointed by a simple majority of the chief
executives of the municipalities within the county or combinations of counties if Subsection
(2)(c) applies.
(ii) The appointments shall be made by joint written agreement of the appointing
municipalities, with the consent and approval of the county legislative body of the county that
has at least 1/11 of the district's apportionment basis.
(k) Voting members representing a municipality or combination of municipalities shall
be designated and appointed by the chief executive officer of the municipality or simple
majority of chief executive officers of municipalities with the consent of the legislative body of
the municipality or municipalities.
(l) The appointment of members shall be made without regard to partisan political
affiliation from among citizens in the community.
(m) Each member shall be a bona fide resident of the municipality, county, or
unincorporated area or areas which the member is to represent for at least six months before the
date of appointment, and shall continue in that residency to remain qualified to serve as a
member.
(n) (i) All population figures used under this section shall be derived from the most
recent official census or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not available from the United States Bureau of Census,
population figures shall be derived from the estimate from the Utah Population Estimates
Committee.
(iii) All transit sales and use tax totals shall be obtained from the State Tax
Commission.
(o) (i) The board shall be apportioned as provided under this section in conjunction
with the decennial United States Census Bureau report every 10 years.
(ii) Within 120 days following the receipt of the population estimates under this
Subsection (2)(o), the district shall reapportion representation on the board of trustees in
accordance with this section.
(iii) The board shall adopt by resolution a schedule reflecting the current and proposed
apportionment.
(iv) Upon adoption of the resolution, the board shall forward a copy of the resolution to
each of its constituent entities as defined under Section 
17B-1-701
.
(v) The appointing entities gaining a new board member shall appoint a new member
within 30 days following receipt of the resolution.
(vi) The appointing entities losing a board member shall inform the board of which
member currently serving on the board will step down:
(A) upon appointment of a new member under Subsection (2)(o)(v); or
(B) in accordance with Section 
17B-2a-807.5
.
(3) Upon the completion of an annexation to a public transit district under Chapter 1,
Part 4, Annexation, the annexed area shall have a representative on the board of trustees on the
same basis as if the area had been included in the district as originally organized.
(4) In addition to the voting members appointed in accordance with Subsection (2), the
board shall consist of three voting members appointed as follows:
(a) one member appointed by the speaker of the House of Representatives;
(b) one member appointed by the president of the Senate; and
(c) one member appointed by the governor.
(5) Except as provided in Section 
17B-2a-807.5
, the terms of office of the members of
the board shall be four years or until a successor is appointed, qualified, seated, and has taken
the oath of office.
(6) (a) Vacancies for members shall be filled by the official appointing the member
creating the vacancy for the unexpired term, unless the official fails to fill the vacancy within
90 days.
(b) If the appointing official under Subsection (1) does not fill the vacancy within 90
days, the board of trustees of the authority shall fill the vacancy.
(c) If the appointing official under Subsection (2) does not fill the vacancy within 90
days, the governor, with the advice and consent of the Senate, shall fill the vacancy.
(7) (a) Each voting member may cast one vote on all questions, orders, resolutions, and
ordinances coming before the board of trustees.
(b) A majority of all voting members of the board of trustees are a quorum for the
transaction of business.
(c) The affirmative vote of a majority of all voting members present at any meeting at
which a quorum was initially present shall be necessary and, except as otherwise provided, is
sufficient to carry any order, resolution, ordinance, or proposition before the board of trustees.
(8) Each public transit district shall pay to each member[
:
] 
per diem and travel
expenses for meetings actually attended, in accordance with Section 
11-55-103
.
[
(a) an attendance fee of $50 per board or committee meeting attended, not to exceed
$200 in any calendar month to any member; and
]
[
(b) reasonable mileage and expenses necessarily incurred to attend board or committee
meetings.
]
(9) (a) Members of the initial board of trustees shall convene at the time and place
fixed by the chief executive officer of the entity initiating the proceedings.
(b) The board of trustees shall elect from its voting membership a chair, vice chair, and
secretary.
(c) The members elected under Subsection (9)(b) shall serve for a period of two years
or until their successors shall be elected and qualified.
(d) On or after January 1, 2011, a locally elected public official is not eligible to serve
as the chair, vice chair, or secretary of the board of trustees.
(10) (a) Except as otherwise authorized under Subsections (2)(g) and (10)(b) and
Section 
17B-2a-807.5
, at the time of a member's appointment or during a member's tenure in
office, a member may not hold any employment, except as an independent contractor or locally
elected public official, with a county or municipality within the district.
(b) A member appointed by a county or municipality may hold employment with the
county or municipality if the employment is disclosed in writing and the public transit district
board of trustees ratifies the appointment.
(11) The Transportation Commission created in Section 
72-1-301
:
(a) for a public transit district serving a population of 200,000 people or fewer, may
appoint a commissioner of the Transportation Commission to serve on the board of trustees as
a nonvoting, ex officio member; and
(b) for a public transit district serving a population of more than 200,000 people, shall
appoint a commissioner of the Transportation Commission to serve on the board of trustees as
a voting member.
(12) (a) The board of trustees of a public transit district serving a population of more
than 200,000 people shall include a nonvoting member who represents all municipalities and
unincorporated areas within the district that are located within a county that is not annexed into
the public transit district.
(b) The nonvoting member representing the combination of municipalities and
unincorporated areas described in Subsection (12)(a) shall be designated and appointed by a
weighted vote of the majority of the chief executive officers of the municipalities described in
Subsection (12)(a).
(c) Each municipality's vote under Subsection (12)(b) shall be weighted using the
proportion of the public transit district population that resides within that municipality and the
adjacent unincorporated areas within the same county.
(13) (a) (i) Each member of the board of trustees of a public transit district is subject to
recall at any time by the legislative body of the county or municipality from which the member
is appointed.
(ii) Each recall of a board of trustees member shall be made in the same manner as the
original appointment.
(iii) The legislative body recalling a board of trustees member shall provide written
notice to the member being recalled.
(b) Upon providing written notice to the board of trustees, a member of the board may
resign from the board of trustees.
(c) Except as provided in Section 
17B-2a-807.5
, if a board member is recalled or
resigns under this Subsection (13), the vacancy shall be filled as provided in Subsection (6).
Section 12. Section 
17D-3-301
 is amended to read:
17D-3-301.
Board of supervisors -- Number -- Term -- Chair and officers --
Quorum -- Compensation.
(1) Each conservation district shall be governed by a board of supervisors.
(2) (a) The board of supervisors of a conservation district consists of five members
elected as provided in this part, at least three of whom shall be private agricultural land
operators.
(b) If the board of supervisors divides the conservation district into watershed voting
areas under Section 
17D-3-308
, at least one member of the board of supervisors shall reside
within each watershed voting area.
(3) (a) The term of office of each member of a board of supervisors is four years.
(b) Notwithstanding Subsection (3)(a), if multiple conservation districts are
consolidated or a single conservation district divided or dissolved under Part 2, Creation,
Consolidation, Division, and Dissolution of Conservation Districts:
(i) the term of each member of the board of supervisors of the consolidated
conservation districts or the divided or dissolved conservation district terminates immediately
upon consolidation, division, or dissolution; and
(ii) (A) the commission shall hold an election, as provided in this part, for all board of
supervisors members of the consolidated conservation district or divided conservation districts,
as the case may be; and
(B) the term of the two candidates receiving the highest number of votes at an election
under Subsection (3)(b)(ii)(A) shall be four years, and the term of the three candidates
receiving the next highest number of votes shall be two years.
(4) The board of supervisors shall elect a chair from among their number, and may
elect other officers from among their number that the board considers necessary.
(5) A majority of the board of supervisors constitutes a quorum for the transaction of
board business, and action by a majority of a quorum present at a meeting of the board
constitutes action of the board.
(6) For performing official duties, each member of the board of supervisors of a
conservation district shall receive:
[
(a) compensation for travel and time, as fixed by the commission; and
]
(a) per diem and travel expenses in accordance with Section 
11-55-103
; and
(b) actual and necessary expenses.