Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 227 (2024GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/21/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that, when the governor makes an appointment to a board, commission, or similar entity that requires the advice and consent of the Senate, the governor's new appointment, reappointment, or vacancy appointment of an individual to that board, commission, or similar entity also requires the advice and consent of the Senate; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BOARDS AND COMMISSIONS REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
 Calvin R. Musselman
LONG TITLE
General Description:
This bill modifies provisions related to boards and commissions.
Highlighted Provisions:
This bill:
▸ clarifies that, when the governor makes an appointment to a board, commission, or
similar entity that requires the advice and consent of the Senate, the governor's new
appointment, reappointment, or vacancy appointment of an individual to that board,
commission, or similar entity also requires the advice and consent of the Senate;
and
▸ makes technical and conforming changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-18-104
, as last amended by Laws of Utah 2020, Chapters 352, 373
7-1-203
, as last amended by Laws of Utah 2020, Chapter 352
9-6-301
, as repealed and reenacted by Laws of Utah 2020, Chapter 419
9-8-204
, as last amended by Laws of Utah 2023, Chapter 160
11-68-301
, as renumbered and amended by Laws of Utah 2023, Chapter 502
17B-2a-807.1
, as last amended by Laws of Utah 2021, Chapter 239
17B-2a-807.2
, as last amended by Laws of Utah 2022, Chapter 259
17B-2a-1005
, as last amended by Laws of Utah 2020, Chapter 352
19-2-103
, as last amended by Laws of Utah 2020, Chapters 352, 373
19-4-103
, as last amended by Laws of Utah 2020, Chapters 352, 373
19-5-103
, as last amended by Laws of Utah 2020, Chapters 352, 373
23A-2-301
, as last amended by Laws of Utah 2023, Chapter 211 and renumbered and
amended by Laws of Utah 2023, Chapter 103
23A-2-303
, as last amended by Laws of Utah 2023, Chapter 211 and renumbered and
amended by Laws of Utah 2023, Chapter 103
26B-1-409
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-412
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-413
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-426
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-429
, as last amended by Laws of Utah 2023, Chapter 435 and renumbered and
amended by Laws of Utah 2023, Chapter 305
32B-2-205
, as last amended by Laws of Utah 2022, Chapter 447
35A-8-304
, as last amended by Laws of Utah 2022, Chapter 427
35A-8-2103
, as last amended by Laws of Utah 2020, Chapters 352, 365 and 373
40-6-4
, as last amended by Laws of Utah 2020, Chapters 352, 373
51-7-16
, as last amended by Laws of Utah 2020, Chapters 352, 373
51-10-206
, as last amended by Laws of Utah 2020, Chapter 352
53B-2-104
, as last amended by Laws of Utah 2021, Chapter 187
59-1-201
, as last amended by Laws of Utah 2020, Chapters 352, 373
61-1-18.5
, as last amended by Laws of Utah 2020, Chapter 352
61-2g-204
, as last amended by Laws of Utah 2021, Chapter 259
63A-15-201
, as last amended by Laws of Utah 2023, Chapter 16
63G-2-501
, as last amended by Laws of Utah 2021, Chapter 344
63M-7-504
, as last amended by Laws of Utah 2020, Chapters 352, 373
63M-7-902
, as enacted by Laws of Utah 2023, Chapter 150
63N-7-201
, as repealed and reenacted by Laws of Utah 2022, Chapter 362
78A-11-103
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2020, Chapters
352, 373
78A-11-103
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapter 394
78B-22-402
, as last amended by Laws of Utah 2021, Chapter 228
80-5-702
, as enacted by Laws of Utah 2021, Chapter 261
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-18-104
 is amended to read:
4-18-104.
Conservation Commission created -- Composition -- Appointment --
Terms -- Compensation -- Attorney general to provide legal assistance.
(1) There is created within the department the Conservation Commission to perform
the functions specified in this chapter.
(2) The Conservation Commission shall be composed of:
(a) 12 voting members, including:
(i) the director of the Extension Service at Utah State University or the director's
designee;
(ii) the executive director of the Department of Natural Resources or the executive
director's designee;
(iii) the executive director of the Department of Environmental Quality or the
executive director's designee;
(iv) the president of the County Weed Supervisors Association or the president's
designee; and
(v) seven district supervisors who provide district representation on the commission on
a multicounty basis; and
(b) the commissioner or the commissioner's designee.
(3) If a district supervisor is unable to attend a meeting, the district supervisor may
designate an alternate to serve in the place of the district supervisor for that meeting.
(4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an
association that represents a conservation district.
(5) (a) The commissioner or the commissioner's designee shall serve as chair of the
Conservation Commission.
(b) The commissioner or the commissioner's designee may not vote except in the event
of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding
vote.
(6) The members of the commission specified in Subsection (2)(a)(v) shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(7) (a) Except as required by Subsection (7)(b), as terms of current commission
members expire, the governor shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(c) A commission member may not be appointed to more than two consecutive terms.
(8) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(9) When the governor makes a new appointment or reappointment under Subsection
(7)(a), or a vacancy appointment under Subsection (8), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(9)
] 
(10)
 Attendance of six voting members of the commission at a meeting
constitutes a quorum.
[
(10)
] 
(11)
 A member may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(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
.
[
(11)
] 
(12)
 The commission shall keep a record of the commission's actions.
[
(12)
] 
(13)
 The attorney general shall provide legal services to the commission upon
request.
[
(13)
] 
(14)
 A member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 2. Section 
7-1-203
 is amended to read:
7-1-203.
Board of Financial Institutions.
(1) There is created a Board of Financial Institutions consisting of the commissioner
and the following five members, who shall be qualified by training and experience in their
respective fields and shall be appointed 
or reappointed
 by the governor with the advice and
consent of the Senate:
(a) one representative from the commercial banking business;
(b) one representative from the consumer lending, money services business, or escrow
agency business;
(c) one representative from the industrial bank business;
(d) one representative from the credit union business; and
(e) one representative of the general public who, as a result of education, training,
experience, or interest, is well qualified to consider economic and financial issues and data as
they may affect the public interest in the soundness of the financial systems of this state.
(2) The commissioner shall act as chair.
(3) (a) A member of the board shall be a resident of this state.
(b) No more than three members of the board may be from the same political party.
(c) No more than two members of the board may be connected with the same financial
institution or its holding company.
(d) A member may not participate in any matter involving an institution with which the
member has a conflict of interest.
(4) (a) Except as required by Subsection (4)(b), the terms of office shall be four years
each expiring on July 1.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of board members are staggered so that approximately half of
the board is appointed every two years.
(c) A member serves until the member's successor is appointed and qualified.
(d) When a vacancy occurs in the membership for any reason, the governor shall
, with
the advice and consent of the Senate,
 appoint a replacement for the unexpired term.
(5) (a) The board shall meet at least quarterly on a date the board sets.
(b) The commissioner or any two members of the board may call additional meetings.
(c) Four members constitute a quorum for the transaction of business.
(d) Actions of the board require a vote of a majority of those present when a quorum is
present.
(e) A meeting of the board and records of the board's proceedings are subject to Title
52, Chapter 4, Open and Public Meetings Act, except for discussion of confidential
information pertaining to a particular financial institution.
(6) (a) A member of the board shall, by sworn or written statement filed with the
commissioner, disclose any position of employment or ownership interest that the member has
with respect to any institution subject to the jurisdiction of the department.
(b) The member shall:
(i) file the statement required by this Subsection (6) when first appointed to the board;
and
(ii) subsequently file amendments to the statement if there is any material change in the
matters covered by the statement.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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
.
(8) The board shall advise the commissioner with respect to:
(a) the exercise of the commissioner's duties, powers, and responsibilities under this
title; and
(b) the organization and performance of the department and its employees.
(9) The board shall recommend annually to the governor and the Legislature a budget
for the requirements of the department in carrying out its duties, functions, and responsibilities
under this title.
Section 3. Section 
9-6-301
 is amended to read:
9-6-301.
Utah Arts Advisory Board.
(1) There is created within the division the Utah Arts Advisory Board.
(2) (a) Except as provided in Subsections (2)(b) and (2)(f), the arts board shall consist
of 13 members appointed 
or reappointed
 by the governor to four-year terms with the 
advice and
consent of the Senate.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of arts board members are staggered so that approximately
half of the arts board is appointed every two years.
(c) The governor shall appoint eight members who are working artists or
administrators, one from each of the following areas:
(i) visual arts;
(ii) architecture or design;
(iii) literature;
(iv) music;
(v) folk, traditional, or native arts;
(vi) theater;
(vii) dance; and
(viii) media arts.
(d) The governor shall appoint three members who are knowledgeable in or
appreciative of the arts.
(e) The governor shall appoint two members who have expertise in technology,
marketing, business, or finance.
(f) Before January 1, 2026, the governor may appoint up to three additional members
who are knowledgeable in or appreciative of the arts:
(i) for terms that shall end before January 1, 2026; and
(ii) in which case the arts board may consist of up to 16 members until January 1,
2026.
(3) The governor shall appoint members from the state at large with due consideration
for geographical representation.
(4) When a vacancy occurs in the membership for any reason, the governor shall
,
within 30 days after the date on which the vacancy occurs,
 appoint a replacement [
member for
the unexpired term within one month from the time of the vacancy
]
, with the advice and
consent of the Senate, for the unexpired term
.
(5) A simple majority of the voting members of the arts board constitutes a quorum for
the transaction of business.
(6) (a) The arts board members shall elect a chair and a vice chair from among the arts
board's members.
(b) The chair and the vice chair shall serve a term of two years.
(7) The arts board shall meet at least once each year.
(8) A member of the arts board may not receive compensation or benefits for the
member's service, but may receive per diem and travel expenses in accordance with:
(a) Sections 
63A-3-106
 and 
63A-3-107
; and
(b) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) Except as provided in Subsection (8), a member may not receive any gifts, prizes,
or awards of money from division funds during the member's term of office.
Section 4. Section 
9-8-204
 is amended to read:
9-8-204.
Board of State History.
(1) There is created within the department the Board of State History.
(2) The board shall consist of 11 members appointed 
or reappointed
 by the governor
with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24, Part 2,
Vacancies, who are persons with an interest in the subject matter of the society's
responsibilities.
(3) (a) Except as required by Subsection (3)(b), the members shall be appointed for
terms of four years and shall serve until their successors are appointed and qualified.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(4) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term with the consent of the Senate
] 
the governor shall, with the
advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies,
appoint a replacement for the unexpired term
.
(5) A simple majority of the board constitutes a quorum for conducting board business.
(6) The governor shall select a chair and vice chair from the board members.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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
.
(8) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 5. Section 
11-68-301
 is amended to read:
11-68-301.
Board -- Membership -- Term -- Quorum -- Vacancies -- Duties.
(1) The authority is governed by a board.
(2) The board is composed of:
(a) the director of the Division of Facilities Construction and Management or the
director's designee;
(b) the commissioner of agriculture and food or the commissioner's designee;
(c) two members, appointed by the president of the Senate:
(i) who have business related experience; and
(ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
(d) two members, appointed by the speaker of the House:
(i) who have business related experience; and
(ii) of whom only one may be a legislator, in accordance with Subsection (3)(e);
(e) five members, of whom only one may be a legislator, in accordance with
Subsection (3)(e), appointed by the governor with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies
,
 as follows:
(i) two members who represent agricultural interests;
(ii) two members who have business related experience; and
(iii) one member who is recommended by the Utah Farm Bureau Federation;
(f) one member, appointed by the mayor of Salt Lake City with the advice and consent
of the Senate, who is a resident of the neighborhood located adjacent to the fair park land;
(g) a representative of Salt Lake County, if Salt Lake County is party to an executed
lease agreement with the authority; and
(h) a representative of the Days of '47 Rodeo.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), a board member appointed under
Subsection (2)(c), (d), (e), or (f) shall serve a term that expires on the December 1 four years
after the year that the board member was appointed.
(ii) In making appointments to the board, the president of the Senate, the speaker of the
House, the governor, and the mayor of Salt Lake City shall ensure that the terms of
approximately 1/4 of the appointed board members expire each year.
(b) Except as provided in Subsection (3)(c), appointed board members serve until their
successors are appointed and qualified.
(c) (i) If an appointed board member is absent from three consecutive board meetings
without excuse, that member's appointment is terminated, the position is vacant, and the
individual who appointed the board member shall appoint a replacement 
in accordance with the
procedures described in this section
.
(ii) The president of the Senate, the speaker of the House 
of Representatives
, the
governor, or the mayor of Salt Lake City, as applicable, may remove an appointed member of
the board at will.
(d) The president of the Senate, the speaker of the House 
of Representatives
, the
governor, or the mayor of Salt Lake City, as appropriate, shall fill [
any
] 
a
 vacancy that occurs
on the board for any reason by appointing an individual in accordance with the procedures
described in this section for the unexpired term of the vacated member.
(e) No more than a combined total of two legislators may be appointed under
Subsections (2)(c), (d), and (e).
(4) The governor shall select the board's chair.
(5) A majority of the members of the board is a quorum for the transaction of business.
(6) The board may elect a vice chair and any other board offices.
(7) The board may create one or more subcommittees to advise the board on any issue
related to the state fair park.
(8) A member described in Subsection (2)(e) shall comply with the conflict of interest
provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(9) The board shall create and may, as the board considers appropriate, modify:
(a) a business plan for the authority;
(b) a financial plan for the authority that projects self-sufficiency for the authority
within two years; and
(c) a master plan for the fair park land. 
Section 6. Section 
17B-2a-807.1
 is amended to read:
17B-2a-807.1.
Large public transit district board of trustees -- Appointment --
Quorum -- Compensation -- Terms.
(1) (a) For a large public transit district, the board of trustees shall consist of three
members appointed as described in Subsection (1)(b).
(b) (i) The governor, with advice and consent of the Senate, shall appoint the members
of the board of trustees, making an appointment from nominations given from each region
created in Subsection (1)(b)(ii).
(ii) (A) Before creation of a large public transit district, the political subdivision or
subdivisions forming the large public transit district shall submit to the Legislature for approval
a proposal for the creation of three regions for nominating members to the board of trustees of
the large public transit district.
(B) For a large public transit district created after January 1, 2019, the Legislature, after
receiving and considering the proposal described in Subsection (1)(b)(ii)(A), shall designate
three regions for nominating members to the board of trustees of the large public transit
district, and further describe the process for nomination for appointment to the board of
trustees.
(c) Each nominee shall be a qualified executive with technical and administrative
experience and training appropriate for the position.
(d) The board of trustees of a large public transit district shall be full-time employees
of the public transit district.
(e) The compensation package for the board of trustees shall be determined by a local
advisory council as described in Section 
17B-2a-808.2
.
(f) (i) Subject to Subsection (1)(f)(iii), for a board of trustees of a large public transit
district, "quorum" means at least two members of the board of trustees.
(ii) Action by a majority of a quorum constitutes an action of the board of trustees.
(iii) A meeting of a quorum of the board of trustees of a large public transit district is
subject to Section 
52-4-103
 regarding convening of a three-member board of trustees and what
constitutes a public meeting.
(2) (a) Subject to Subsections (3), (4), and (7), each member of the board of trustees of
a large public transit district shall serve for a term of four years.
(b) A member of the board of trustees may serve an unlimited number of terms.
(3) Each member of the board of trustees of a large public transit district shall serve at
the pleasure of the governor.
(4) The first time the board of trustees is appointed under this section, the governor
shall stagger the initial term of each of the members of the board of trustees as follows:
(a) one member of the board of trustees shall serve an initial term of two years;
(b) one member of the board of trustees shall serve an initial term of three years; and
(c) one member of the board of trustees shall serve an initial term of four years.
(5) The governor shall designate one member of the board of trustees as chair of the
board of trustees.
(6) (a) If a vacancy occurs, the nomination and appointment procedures to replace the
individual shall occur in the same manner described in Subsection (1) for the member creating
the vacancy.
(b) A replacement board member shall serve for the remainder of the unexpired term,
but may serve an unlimited number of terms as provided in Subsection (2)(b).
(c) If the nominating officials under Subsection (1) do not nominate to fill the vacancy
within 60 days, the governor shall
, with the advice and consent of the Senate,
 appoint an
individual to fill the vacancy.
(7) Each board of trustees member shall serve until a successor is duly nominated,
appointed, and qualified, unless the board of trustees member is removed from office or resigns
or otherwise leaves office.
Section 7. Section 
17B-2a-807.2
 is amended to read:
17B-2a-807.2.
Existing large public transit district board of trustees --
Appointment -- Quorum -- Compensation -- Terms.
(1) (a) (i) For a large public transit district created before January 1, 2019, and except
as provided in Subsection (7), the board of trustees shall consist of three members appointed as
described in Subsection (1)(b).
(ii) For purposes of a large public transit district created before January 1, 2019, the
nominating regions are as follows:
(A) a central region that is Salt Lake County;
(B) a southern region that is comprised of Utah County and the portion of Tooele
County that is part of the large public transit district; and
(C) a northern region that is comprised of Davis County, Weber County, and the
portion of Box Elder County that is part of the large public transit district.
(iii) (A) If a large public transit district created before January 1, 2019, annexes an
additional county into the large public transit district pursuant to Section 
17B-1-402
, following
the issuance of the certificate of annexation by the lieutenant governor, the political
subdivisions making up the large public transit district shall submit to the Legislature for
approval a proposal for the creation of three regions for nominating members to the board of
trustees of the large public transit district.
(B) If a large public transit district created before January 1, 2019, has a change to the
boundaries of the large public transit district, the Legislature, after receiving and considering
the proposal described in Subsection (1)(a)(iii)(A), shall designate the three regions for
nominating members to the board of trustees of the large public transit district.
(b) [
(i)
] Except as provided in Subsection (5), the governor, with advice and consent of
the Senate, shall appoint the members of the board of trustees, making:
[
(A)
] 
(i)
 one appointment from individuals nominated from the central region as
described in Subsection (2);
[
(B)
] 
(ii)
 one appointment from individuals nominated from the southern region
described in Subsection (3); and
[
(C)
] 
(iii)
 one appointment from individuals nominated from the northern region
described in Subsection (4).
(2) For the appointment from the central region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) two individuals nominated by the council of governments of Salt Lake County; and
(b) three individuals nominated by the mayor of Salt Lake County, with approval of the
Salt Lake County council.
(3) For the appointment from the southern region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) two individuals nominated by the council of governments of Utah County;
(b) two individuals nominated by the county commission of Utah County; and
(c) one individual nominated by the county commission of Tooele County.
(4) For the appointment from the northern region, the governor shall appoint one
individual selected from five individuals nominated as follows:
(a) one individual nominated by the council of governments of Davis County;
(b) one individual nominated by the council of governments of Weber County;
(c) one individual nominated by the county commission of Davis County;
(d) one individual nominated by the county commission of Weber County; and
(e) one individual nominated by the county commission of Box Elder County.
(5) (a) The nominating counties described in Subsections (2) through (4) shall ensure
that nominations are submitted to the governor no later than June 1 of each respective
nominating year.
(b) If the governor fails to appoint one of the individuals nominated as described in
Subsection (2), (3), or (4), as applicable, within 60 days of the nominations, the following
appointment procedures apply:
(i) for an appointment for the central region, the Salt Lake County council shall appoint
an individual, with [
confirmation by
] 
the advice and consent of
 the Senate;
(ii) for an appointment for the southern region, the Utah County commission shall
appoint an individual, in consultation with the Tooele County commission, with [
confirmation
by the
] 
the advise and consent of the
 Senate; and
(iii) for an appointment for the northern region, the Davis County commission and the
Weber County commission, collectively, and in consultation with the Box Elder County
commission, shall appoint an individual, with [
confirmation by
] 
the advice and consent of
 the
Senate.
(6) (a) Each nominee shall be a qualified executive with technical and administrative
experience and training appropriate for the position.
(b) The board of trustees of a large public transit district shall be full-time employees
of the public transit district.
(c) The compensation package for the board of trustees shall be determined by the local
advisory council as described in Section 
17B-2a-808.2
.
(d) (i) Subject to Subsection (6)(d)(iii), for a board of trustees of a large public transit
district, "quorum" means at least two members of the board of trustees.
(ii) Action by a majority of a quorum constitutes an action of the board of trustees.
(iii) A meeting of a quorum of a board of trustees of a large public transit district is
subject to Section 
52-4-103
 regarding convening of a three-member board of trustees and what
constitutes a public meeting.
(7) (a) Subject to Subsection (8), each member of the board of trustees of a large public
transit district shall serve for a term of four years.
(b) A member of the board of trustees may serve an unlimited number of terms.
(c) Notwithstanding Subsection (2), (3), or (4), as applicable, at the expiration of a
term of a member of the board of trustees, if the respective nominating entities and individuals
for the respective region described in Subsection (2), (3), or (4), unanimously agree to retain
the existing member of the board of trustees, the respective nominating individuals or bodies
described in Subsection (2), (3), or (4) are not required to make nominations to the governor,
and the governor may
, with the advice and consent of the Senate,
 reappoint the existing
member to the board of trustees.
(8) Each member of the board of trustees of a large public transit district shall serve at
the pleasure of the governor.
(9) Subject to Subsections (7) and (8), a board of trustees of a large public transit
district that is in place as of February 1, 2019, may remain in place.
(10) The governor shall designate one member of the board of trustees as chair of the
board of trustees.
(11) (a) If a vacancy occurs, the nomination and appointment procedures to replace the
individual shall occur in the same manner described in 
Subsection (1)(b),
 Subsection (2), (3),
or (4), and, if applicable, Subsection (5), for the respective member of the board of trustees
creating the vacancy.
(b) If a vacancy occurs on the board of trustees of a large public transit district, the
respective nominating region shall nominate individuals to the governor as described in this
section within 60 days after the 
date the
 vacancy occurs.
(c) If the respective nominating region does not nominate to fill the vacancy within 60
days, the governor shall
, with the advice and consent of the Senate,
 appoint an individual to fill
the vacancy.
(d) A replacement board member shall serve for the remainder of the unexpired term,
but may serve an unlimited number of terms as provided in Subsection (7)(b).
Section 8. Section 
17B-2a-1005
 is amended to read:
17B-2a-1005.
Water conservancy district board of trustees -- Selection of
members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
(1) Members of the board of trustees for a water conservancy district shall be:
(a) elected in accordance with:
(i) the petition or resolution that initiated the process of creating the water conservancy
district; and
(ii) Section 
17B-1-306
;
(b) appointed in accordance with Subsection (2); or
(c) elected under Subsection (4)(a).
(2) (a) If the members of the board of trustees are appointed, within 45 days after the
day on which a water conservancy district is created as provided in Section 
17B-1-215
, the
board of trustees shall be appointed as provided in this Subsection (2).
(b) For a district located entirely within the boundaries of a single county, the county
legislative body of that county shall appoint each trustee.
(c) (i) For a district located in more than a single county, the governor, with the advice
and consent of the Senate, shall appoint each trustee from nominees submitted as provided in
this Subsection (2)(c).
(ii) (A) Except as provided in Subsection (2)(c)(ii)(B), in a division composed solely of
municipalities, the legislative body of each municipality within the division shall submit two
nominees per trustee.
(B) The legislative body of a municipality may submit fewer than two nominees per
trustee if the legislative body certifies in writing to the governor that the legislative body is
unable, after reasonably diligent effort, to identify two nominees who are willing and qualified
to serve as trustee.
(iii) (A) Except as provided in Subsection (2)(c)(iii)(B), in all other divisions, the
county legislative body of the county in which the division is located shall submit three
nominees per trustee.
(B) The county legislative body may submit fewer than three nominees per trustee if
the county legislative body certifies in writing to the governor that the county legislative body
is unable, after reasonably diligent effort, to identify three nominees who are willing and
qualified to serve as trustee.
(iv) If a trustee represents a division located in more than one county, the county
legislative bodies of those counties shall collectively compile the list of three nominees.
(v) For purposes of this Subsection (2)(c), a municipality that is located in more than
one county shall be considered to be located in only the county in which more of the municipal
area is located than in any other county.
(d) In districts where substantial water is allocated for irrigated agriculture, one trustee
appointed in that district shall be a person who owns irrigation rights and uses those rights as
part of that person's livelihood.
(3) (a) The board shall give written notice of the upcoming vacancy in an appointed
trustee's term and the date when the trustee's term expires to the county legislative body in
single county districts and to the nominating entities and the governor in all other districts:
(i) if the upcoming vacancy is in a single county district, at least 90 days before the
expiration of the trustee's term; and
(ii) for all other districts, on or before October 1 before the expiration of the appointed
trustee's term.
(b) (i) Upon receipt of the notice of the expiration of an appointed trustee's term or
notice of a vacancy in the office of an appointed trustee, the county or municipal legislative
body, as the case may be, shall nominate candidates to fill the unexpired term of office
pursuant to Subsection (2).
(ii) If a trustee is to be appointed by the governor and the entity charged with
nominating candidates has not submitted the list of nominees within 90 days after service of
the notice, the governor shall
, with the advice and consent of the Senate,
 make the appointment
from qualified candidates without consultation with the county or municipal legislative body.
(iii) If the governor fails to appoint, the incumbent shall continue to serve until a
successor is appointed and qualified.
(iv) Appointment by the governor vests in the appointee, upon qualification, the
authority to discharge the duties of trustee, subject only to the advice and consent of the Senate.
(c) Each trustee shall hold office during the term for which appointed and until a
successor is duly appointed and has qualified.
(4) (a) Members of the board of trustees of a water conservancy district shall be
elected, if, subject to Subsection (4)(b):
(i) two-thirds of all members of the board of trustees of the water conservancy district
vote in favor of changing to an elected board; and
(ii) the legislative body of each municipality or county that appoints a member to the
board of trustees adopts a resolution approving the change to an elected board.
(b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
the term of any member of the board of trustees serving at the time of the change.
(5) The board of trustees of a water conservancy district shall consist of:
(a) except as provided in Subsection (5)(b), not more than 11 persons who are residents
of the district; or
(b) if the district consists of five or more counties, not more than 21 persons who are
residents of the district.
(6) If an elected trustee's office is vacated, the vacated office shall be filled in
accordance with Section 
17B-1-303
.
(7) Each trustee shall furnish a corporate surety bond at the expense of the district,
conditioned for the faithful performance of duties as a trustee.
(8) (a) The board of trustees of a water conservancy district may:
(i) make and enforce all reasonable rules and regulations for the management, control,
delivery, use, and distribution of water;
(ii) withhold the delivery of water with respect to which there is a default or
delinquency of payment;
(iii) provide for and declare a forfeiture of the right to the use of water upon the default
or failure to comply with an order, contract, or agreement for the purchase, lease, or use of
water, and resell, lease, or otherwise dispose of water with respect to which a forfeiture has
been declared;
(iv) allocate and reallocate the use of water to lands within the district;
(v) provide for and grant the right, upon terms, to transfer water from lands to which
water has been allocated to other lands within the district;
(vi) create a lien, as provided in this part, upon land to which the use of water is
transferred;
(vii) discharge a lien from land to which a lien has attached; and
(viii) subject to Subsection (8)(b), enter into a written contract for the sale, lease, or
other disposition of the use of water.
(b) (i) A contract under Subsection (8)(a)(viii) may provide for the use of water
perpetually or for a specified term.
(ii) (A) If a contract under Subsection (8)(a)(viii) makes water available to the
purchasing party without regard to actual taking or use, the board may require that the
purchasing party give security for the payment to be made under the contract, unless the
contract requires the purchasing party to pay for certain specified annual minimums.
(B) The security requirement under Subsection (8)(b)(ii)(A) in a contract with a public
entity may be met by including in the contract a provision for the public entity's levy of a
special assessment to make annual payments to the district.
Section 9. Section 
19-2-103
 is amended to read:
19-2-103.
Members of board -- Appointment -- Terms -- Organization -- Per diem
and expenses.
(1) The board consists of the following nine members:
(a) the following non-voting member, except that the member may vote to break a tie
vote between the voting members:
(i) the executive director; or
(ii) an employee of the department designated by the executive director; and
(b) the following eight voting members, who shall be appointed 
or reappointed
 by the
governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
Part 2, Vacancies:
(i) one representative who:
(A) is not connected with industry;
(B) is an expert in air quality matters; and
(C) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
with relevant training and experience;
(ii) two government representatives who do not represent the federal government;
(iii) one representative from the mining industry;
(iv) one representative from the fuels industry;
(v) one representative from the manufacturing industry;
(vi) one representative from the public who represents:
(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not
represent industry interests; and
(vii) one representative from the public who is trained and experienced in public
health.
(2) A member of the board shall:
(a) be knowledgeable about air pollution matters, as evidenced by a professional
degree, a professional accreditation, or documented experience;
(b) be a resident of Utah;
(c) attend board meetings in accordance with the attendance rules made by the
department under Subsection 
19-1-201
(1)(d)(i)(A); and
(d) comply with all applicable statutes, rules, and policies, including the conflict of
interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest, and the
conflict of interest rules made by the department under Subsection 
19-1-201
(1)(d)(i)(B).
(3) No more than five of the appointed members of the board shall belong to the same
political party.
(4) A majority of the members of the board may not derive any significant portion of
their income from persons subject to permits or orders under this chapter.
(5) (a) Members shall be appointed for a term of four years.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that half of the appointed board is appointed every two years.
(6) A member may serve more than one term.
(7) A member shall hold office until the expiration of the member's term and until the
member's successor is appointed, but not more than 90 days after the expiration of the
member's term.
(8) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the Senate
in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the
unexpired term
.
(9) The board shall elect annually a chair and a vice chair from its members.
(10) (a) The board shall meet at least quarterly.
(b) Special meetings may be called by the chair upon the chair's own initiative, upon
the request of the director, or upon the request of three members of the board.
(c) Three days' notice shall be given to each member of the board before a meeting.
(11) Five members constitute a quorum at a meeting, and the action of a majority of
members present is the action of the board.
(12) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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 
19-4-103
 is amended to read:
19-4-103.
Drinking Water Board -- Members -- Organization -- Meetings -- Per
diem and expenses.
(1) The board consists of the following nine members:
(a) the following non-voting member, except that the member may vote to break a tie
vote between the voting members:
(i) the executive director; or
(ii) an employee of the department designated by the executive director; and
(b) the following eight voting members, who shall be appointed by the governor with
the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies:
(i) one representative who is a Utah-licensed professional engineer with expertise in
civil or sanitary engineering;
(ii) two representatives who are elected officials from a municipal government that is
involved in the management or operation of a public water system;
(iii) one representative from an improvement district, a water conservancy district, or a
metropolitan water district;
(iv) one representative from an entity that manages or operates a public water system;
(v) one representative from:
(A) the state water research community; or
(B) an institution of higher education that has comparable expertise in water research
to the state water research community;
(vi) one representative from the public who represents:
(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not
represent industry interests; and
(vii) one representative from the public who is trained and experienced in public
health.
(2) A member of the board shall:
(a) be knowledgeable about drinking water and public water systems, as evidenced by a
professional degree, a professional accreditation, or documented experience;
(b) represent different geographical areas within the state insofar as practicable;
(c) be a resident of Utah;
(d) attend board meetings in accordance with the attendance rules made by the
department under Subsection 
19-1-201
(1)(d)(i)(A); and
(e) comply with all applicable statutes, rules, and policies, including the conflict of
interest rules made by the department under Subsection 
19-1-201
(1)(d)(i)(B) and the conflict of
interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(3) No more than five appointed members of the board shall be from the same political
party.
(4) (a) As terms of current board members expire, the governor shall appoint each new
member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that half of the appointed board is appointed every two years.
(c) (i) Notwithstanding Subsection (4)(a), the term of a board member who is
appointed before May 1, 2013, shall expire on April 30, 2013.
(ii) On May 1, 2013, the governor shall appoint or reappoint board members in
accordance with this section.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) When the governor makes a new appointment or reappointment under Subsection
(4)(a), or a vacancy appointment under Subsection (5), the governor's new appointment,
reappointment, or vacancy appointment shall be with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(6)
] 
(7)
 Each member holds office until the expiration of the member's term, and until
a successor is appointed, but not for more than 90 days after the expiration of the term.
[
(7)
] 
(8)
 The board shall elect annually a chair and a vice chair from its members.
[
(8)
] 
(9)
 (a) The board shall meet at least quarterly.
(b) Special meetings may be called by the chair upon the chair's own initiative, upon
the request of the director, or upon the request of three members of the board.
(c) Reasonable notice shall be given to each member of the board before any meeting.
[
(9)
] 
(10)
 Five members constitute a quorum at any meeting and the action of the
majority of the members present is the action of the board.
[
(10)
] 
(11)
 A member may not receive compensation or benefits for the member's
service, but may receive per diem and travel expenses in accordance with:
(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 11. Section 
19-5-103
 is amended to read:
19-5-103.
Water Quality Board -- Members of board -- Appointment -- Terms --
Organization -- Meetings -- Per diem and expenses.
(1) The board consists of the following nine members:
(a) the following non-voting member, except that the member may vote to break a tie
vote between the voting members:
(i) the executive director; or
(ii) an employee of the department designated by the executive director; and
(b) the following eight voting members, who shall be appointed 
or reappointed
 by the
governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
Part 2, Vacancies:
(i) one representative who:
(A) is an expert and has relevant training and experience in water quality matters;
(B) is a Utah-licensed physician, a Utah-licensed professional engineer, or a scientist
with relevant training and experience; and
(C) represents local and special service districts in the state;
(ii) two government representatives who do not represent the federal government;
(iii) one representative from the mineral industry;
(iv) one representative from the manufacturing industry;
(v) one representative who represents agricultural and livestock interests;
(vi) one representative from the public who represents:
(A) an environmental nongovernmental organization; or
(B) a nongovernmental organization that represents community interests and does not
represent industry interests; and
(vii) one representative from the public who is trained and experienced in public
health.
(2) A member of the board shall:
(a) be knowledgeable about water quality matters, as evidenced by a professional
degree, a professional accreditation, or documented experience;
(b) be a resident of Utah;
(c) attend board meetings in accordance with the attendance rules made by the
department under Subsection 
19-1-201
(1)(d)(i)(A); and
(d) comply with all applicable statutes, rules, and policies, including the conflict of
interest rules made by the department under Subsection 
19-1-201
(1)(d)(i)(B) and the conflict of
interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(3) No more than five of the appointed members may be from the same political party.
(4) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term with the advice and consent of the Senate
] 
the governor shall,
with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies, appoint a replacement for the unexpired term
.
(5) (a) A member shall be appointed for a term of four years and is eligible for
reappointment.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that half of the appointed board is appointed every two years.
(6) A member shall hold office until the expiration of the member's term and until the
member's successor is appointed, not to exceed 90 days after the formal expiration of the term.
(7) The board shall:
(a) organize and annually select one of its members as chair and one of its members as
vice chair;
(b) hold at least four regular meetings each calendar year; and
(c) keep minutes of its proceedings which are open to the public for inspection.
(8) The chair may call a special meeting upon the request of three or more members of
the board.
(9) Each member of the board and the director shall be notified of the time and place of
each meeting.
(10) Five members of the board constitute a quorum for the transaction of business,
and the action of a majority of members present is the action of the board.
(11) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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 12. Section 
23A-2-301
 is amended to read:
23A-2-301.
Wildlife Board created.
(1) There is created a Wildlife Board that consists of seven members appointed by the
governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24,
Part 2, Vacancies.
(2) (a) In addition to the requirements of Section 
79-2-203
, the members of the
Wildlife Board shall have expertise or experience in at least one of the following areas:
(i) wildlife management or biology;
(ii) habitat management, including range or aquatic;
(iii) business, including knowledge of private land issues; and
(iv) economics, including knowledge of recreational wildlife uses.
(b) At least one member of the Wildlife Board shall represent each of the areas of
expertise under Subsection (2)(a).
(3) (a) The governor shall select a board member from a list of nominees submitted by
the nominating committee pursuant to Section 
23A-2-302
.
(b) No more than two members shall be from a single wildlife region described in
Subsection 
23A-2-303
(1).
(c) The governor may request an additional list of at least two nominees from the
nominating committee if the initial list of nominees for a given position is unacceptable.
(d) (i) If the governor fails to appoint a board member within 60 days after receipt of
the initial or additional list, the nominating committee shall make an interim appointment by
majority vote.
(ii) The interim board member shall serve until the matter is resolved by the
nominating committee and the governor or until the board member is replaced pursuant to this
chapter.
(4) (a) Except as required by Subsection (4)(b), as terms of current board members
expire, the governor shall appoint a new member or reappointed member to a six-year term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that:
(i) the terms of board members are staggered so that approximately one-third of the
Wildlife Board is appointed every two years; and
(ii) members serving from the same region have staggered terms.
(c) If a vacancy occurs, the nominating committee shall submit at least two names, as
provided in Subsection 
23A-2-302
(4), to the governor and the governor shall appoint a
replacement for the unexpired term.
(d) A board member may serve only one term unless the board member:
(i) is among the first board members appointed to serve four years or less; or
(ii) filled a vacancy under Subsection (4)(c) for four years or less.
(5) When the governor makes a new appointment or reappointment under Subsection
(4)(a), or a vacancy appointment under Subsection (4)(c), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(5)
] 
(6)
 (a) The Wildlife Board shall elect a chair and a vice chair from the Wildlife
Board's membership.
(b) Four members of the Wildlife Board constitutes a quorum.
(c) The director shall act as secretary to the Wildlife Board, but is not a voting member
of the Wildlife Board.
[
(6)
] 
(7)
 (a) The Wildlife Board shall hold a sufficient number of public meetings each
year to expeditiously conduct the Wildlife Board's business.
(b) Meetings may be called by the chair upon five days notice or upon shorter notice in
emergency situations.
(c) Meetings may be held at the Salt Lake City office of the division or elsewhere as
determined by the Wildlife Board.
[
(7)
] 
(8)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(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
.
[
(8)
] 
(9)
 (a) A member of the Wildlife Board shall complete an orientation course to
assist the member in the performance of the duties of the member's office.
(b) The department shall provide the course required under Subsection [
(8)(a)
] 
(9)(a)
.
[
(9)
] 
(10)
 A member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 13. Section 
23A-2-303
 is amended to read:
23A-2-303.
Regional advisory councils created.
(1) There are created five regional advisory councils that consist of 12 to 15 members
each from the wildlife region whose boundaries are established for administrative purposes by
the division.
(2) The members shall include individuals who represent the following groups and
interests:
(a) agriculture;
(b) sportsmen;
(c) nonconsumptive wildlife;
(d) locally elected public officials;
(e) federal land agencies; and
(f) the public at large.
(3) The executive director, in consultation with the director, shall select the members
from a list of nominees submitted by the respective interest group or agency.
(4) The regional advisory councils shall:
(a) hear broad input, including recommendations, biological data, and information
regarding the effects of wildlife;
(b) gather information from staff, the public, and government agencies; and
(c) make recommendations to the Wildlife Board in an advisory capacity.
(5) (a) Except as required by Subsection (5)(b), a member shall serve a four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the executive director shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of council members are staggered so that approximately half of the council is appointed every
two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) The councils shall determine:
(a) the time and place of meetings; and
(b) a procedural matter not specified in this chapter.
(8) Members of the councils shall complete an orientation course described in
Subsection [
23A-2-301
(8)
] 
23A-2-301
(9)
.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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 14. Section 
26B-1-409
 is amended to read:
26B-1-409.
Utah Digital Health Service Commission -- Creation -- Membership --
Duties.
(1) As used in this section:
(a) "Commission" means the Utah Digital Health Service Commission created in this
section.
(b) "Digital health service" means the electronic transfer, exchange, or management of
related data for diagnosis, treatment, consultation, educational, public health, or other related
purposes.
(2) There is created within the department the Utah Digital Health Service
Commission.
(3) The governor shall appoint 
or reappoint
members to the commission with the
advice and consent of the Senate, as follows:
(a) a physician who is involved in digital health service;
(b) a representative of a health care system or a licensed health care facility as defined
in Section 
26B-2-201
;
(c) a representative of rural Utah, which may be a person nominated by an advisory
committee on rural health issues;
(d) a member of the public who is not involved with digital health service;
(e) a nurse who is involved in digital health service; and
(f) eight members who fall into one or more of the following categories:
(i) individuals who use digital health service in a public or private institution;
(ii) individuals who use digital health service in serving medically underserved
populations;
(iii) nonphysician health care providers involved in digital health service;
(iv) information technology professionals involved in digital health service;
(v) representatives of the health insurance industry;
(vi) telehealth digital health service consumer advocates; and
(vii) individuals who use digital health service in serving mental or behavioral health
populations.
(4) (a) The commission shall annually elect a chairperson from its membership. The
chairperson shall report to the executive director of the department.
(b) The commission shall hold meetings at least once every three months. Meetings
may be held from time to time on the call of the chair or a majority of the board members.
(c) Seven commission members are necessary to constitute a quorum at any meeting
and, if a quorum exists, the action of a majority of members present shall be the action of the
commission.
(5) (a) Except as provided in Subsection (5)(b), a commission member shall be
appointed for a three-year term and eligible for two reappointments.
(b) Notwithstanding Subsection (5)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of commission members
are staggered so that approximately 1/3 of the commission is appointed each year.
(c) A commission member shall continue in office until the expiration of the member's
term and until a successor is appointed, which may not exceed 90 days after the formal
expiration of the term.
(d) Notwithstanding Subsection (5)(c), a commission member who fails to attend 75%
of the scheduled meetings in a calendar year shall be disqualified from serving.
(e) When a vacancy occurs in membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the
Senate, appoint a replacement for the unexpired term
.
(6) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(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
.
(7) The department shall provide informatics staff support to the commission.
(8) The funding of the commission shall be a separate line item to the department in
the annual appropriations act.
(9) The commission shall:
(a) advise and make recommendations on digital health service issues to the
department and other state entities;
(b) advise and make recommendations on digital health service related patient privacy
and information security to the department;
(c) promote collaborative efforts to establish technical compatibility, uniform policies,
privacy features, and information security to meet legal, financial, commercial, and other
societal requirements;
(d) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
medical, and technological issues that may serve as barriers to digital health service;
(e) explore and encourage the development of digital health service systems as a means
of reducing health care costs and increasing health care quality and access, with emphasis on
assisting rural health care providers and special populations with access to or development of
electronic medical records;
(f) seek public input on digital health service issues; and
(g) in consultation with the department, advise the governor and Legislature on:
(i) the role of digital health service in the state;
(ii) the policy issues related to digital health service;
(iii) the changing digital health service needs and resources in the state; and
(iv) state budgetary matters related to digital health service.
Section 15. Section 
26B-1-412
 is amended to read:
26B-1-412.
Health Facility Committee -- Members -- Terms -- Organization --
Meetings.
(1) The definitions in Section 
26B-2-201
 apply to this section.
(2) (a) The Health Facility Committee shall consist of 12 members appointed by the
governor in consultation with the executive director.
(b) The appointed members shall be knowledgeable about health care facilities and
issues.
(3) The membership of the committee is:
(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
who is a graduate of a regularly chartered medical school;
(b) one hospital administrator;
(c) one hospital trustee;
(d) one representative of a freestanding ambulatory surgical facility;
(e) one representative of an ambulatory surgical facility that is affiliated with a
hospital;
(f) one representative of the nursing care facility industry;
(g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
Practice Act;
(h) one licensed architect or engineer with expertise in health care facilities;
(i) one representative of assisted living facilities licensed under Chapter 2, Part 2,
Health Care Facility Licensing and Inspection;
(j) two consumers, one of whom has an interest in or expertise in geriatric care; and
(k) one representative from either a home health care provider or a hospice provider.
(4) (a) Except as required by Subsection (4)(b), members shall be appointed for a term
of four years.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, giving consideration to recommendations
made by the committee, with the 
advice and
 consent of the Senate.
(d) (i) A member may not serve more than two consecutive full terms or 10
consecutive years, whichever is less.
(ii) Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a
member until the member is replaced.
(e) The committee shall annually elect from the committee's membership a chair and
vice chair.
(f) The committee shall meet at least quarterly, or more frequently as determined by the
chair or five members of the committee.
(g) Six members constitute a quorum.
(h) A vote of the majority of the members present constitutes action of the committee.
(5) The committee shall:
(a) with the concurrence of the department, make rules in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act:
(i) for the licensing of health-care facilities; and
(ii) requiring the submission of architectural plans and specifications for any proposed
new health-care facility or renovation to the department for review;
(b) approve the information for applications for licensure pursuant to Section
26B-2-207
;
(c) advise the department as requested concerning the interpretation and enforcement
of the rules established under Chapter 2, Part 2, Health Care Facility Licensing and Inspection;
and
(d) advise, consult, cooperate with, and provide technical assistance to other agencies
of the state and federal government, and other states and affected groups or persons in carrying
out the purposes of Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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 16. Section 
26B-1-413
 is amended to read:
26B-1-413.
Health Data Committee -- Purpose, powers, and duties of the
committee -- Membership -- Terms -- Chair -- Compensation.
(1) The definitions in Section 
26B-8-501
 apply to this section.
(2) (a) There is created within the department the Health Data Committee.
(b) The purpose of the committee is to direct a statewide effort to collect, analyze, and
distribute health care data to facilitate the promotion and accessibility of quality and
cost-effective health care and also to facilitate interaction among those with concern for health
care issues.
(3) The committee shall:
(a) with the concurrence of the department and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, develop and adopt by rule, following public hearing
and comment, a health data plan that shall among its elements:
(i) identify the key health care issues, questions, and problems amenable to resolution
or improvement through better data, more extensive or careful analysis, or improved
dissemination of health data;
(ii) document existing health data activities in the state to collect, organize, or make
available types of data pertinent to the needs identified in Subsection (3)(a)(i);
(iii) describe and prioritize the actions suitable for the committee to take in response to
the needs identified in Subsection (3)(a)(i) in order to obtain or to facilitate the obtaining of
needed data, and to encourage improvements in existing data collection, interpretation, and
reporting activities, and indicate how those actions relate to the activities identified under
Subsection (3)(a)(ii);
(iv) detail the types of data needed for the committee's work, the intended data
suppliers, and the form in which such data are to be supplied, noting the consideration given to
the potential alternative sources and forms of such data and to the estimated cost to the
individual suppliers as well as to the department of acquiring these data in the proposed
manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
cost-effectiveness in the data acquisition approaches selected;
(v) describe the types and methods of validation to be performed to assure data validity
and reliability;
(vi) explain the intended uses of and expected benefits to be derived from the data
specified in Subsection (3)(a)(iv), including the contemplated tabulation formats and analysis
methods; the benefits described shall demonstrably relate to one or more of the following:
(A) promoting quality health care;
(B) managing health care costs; or
(C) improving access to health care services;
(vii) describe the expected processes for interpretation and analysis of the data flowing
to the committee; noting specifically the types of expertise and participation to be sought in
those processes; and
(viii) describe the types of reports to be made available by the committee and the
intended audiences and uses;
(b) have the authority to collect, validate, analyze, and present health data in
accordance with the plan while protecting individual privacy through the use of a control
number as the health data identifier;
(c) evaluate existing identification coding methods and, if necessary, require by rule
adopted in accordance with Subsection (4), that health data suppliers use a uniform system for
identification of patients, health care facilities, and health care providers on health data they
submit under this section and Chapter 8, Part 5, Utah Health Data Authority; and
(d) advise, consult, contract, and cooperate with any corporation, association, or other
entity for the collection, analysis, processing, or reporting of health data identified by control
number only in accordance with the plan.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
committee, with the concurrence of the department, may adopt rules to carry out the provisions
of this section and Chapter 8, Part 5, Utah Health Data Authority.
(5) (a) Except for data collection, analysis, and validation functions described in this
section, nothing in this section or in Chapter 8, Part 5, Utah Health Data Authority, shall be
construed to authorize or permit the committee to perform regulatory functions which are
delegated by law to other agencies of the state or federal governments or to perform quality
assurance or medical record audit functions that health care facilities, health care providers, or
third party payors are required to conduct to comply with federal or state law.
(b) The committee may not recommend or determine whether a health care provider,
health care facility, third party payor, or self-funded employer is in compliance with federal or
state laws including federal or state licensure, insurance, reimbursement, tax, malpractice, or
quality assurance statutes or common law.
(6) (a) Nothing in this section or in Chapter 8, Part 5, Utah Health Data Authority, shall
be construed to require a data supplier to supply health data identifying a patient by name or
describing detail on a patient beyond that needed to achieve the approved purposes included in
the plan.
(7) No request for health data shall be made of health care providers and other data
suppliers until a plan for the use of such health data has been adopted.
(8) (a) If a proposed request for health data imposes unreasonable costs on a data
supplier, due consideration shall be given by the committee to altering the request.
(b) If the request is not altered, the committee shall pay the costs incurred by the data
supplier associated with satisfying the request that are demonstrated by the data supplier to be
unreasonable.
(9) After a plan is adopted as provided in Section 
26B-8-504
, the committee may
require any data supplier to submit fee schedules, maximum allowable costs, area prevailing
costs, terms of contracts, discounts, fixed reimbursement arrangements, capitations, or other
specific arrangements for reimbursement to a health care provider.
(10) (a) The committee may not publish any health data collected under Subsection (9)
that would disclose specific terms of contracts, discounts, or fixed reimbursement
arrangements, or other specific reimbursement arrangements between an individual provider
and a specific payer.
(b) Nothing in Subsection (9) shall prevent the committee from requiring the
submission of health data on the reimbursements actually made to health care providers from
any source of payment, including consumers.
(11) The committee shall be composed of 15 members.
(12) (a) One member shall be:
(i) the commissioner of the Utah Insurance Department; or
(ii) the commissioner's designee who shall have knowledge regarding the health care
system and characteristics and use of health data.
(b) (i) Fourteen members shall be appointed 
or reappointed
 by the governor with the
advice and consent of the Senate in accordance with Subsection (13) and [
in accordance with
]
Title 63G, Chapter 24, Part 2, Vacancies.
(ii) No more than seven members of the committee appointed by the governor may be
members of the same political party.
(13) The members of the committee appointed under Subsection (12)(b) shall:
(a) be knowledgeable regarding the health care system and the characteristics and use
of health data;
(b) be selected so that the committee at all times includes individuals who provide
care;
(c) include one person employed by or otherwise associated with a general acute
hospital as defined in Section 
26B-2-201
, who is knowledgeable about the collection, analysis,
and use of health care data;
(d) include two physicians, as defined in Section 
58-67-102
:
(i) who are licensed to practice in this state;
(ii) who actively practice medicine in this state;
(iii) who are trained in or have experience with the collection, analysis, and use of
health care data; and
(iv) one of whom is selected by the Utah Medical Association;
(e) include three persons:
(i) who are:
(A) employed by or otherwise associated with a business that supplies health care
insurance to the business's employees; and
(B) knowledgeable about the collection and use of health care data; and
(ii) at least one of whom represents an employer employing 50 or fewer employees;
(f) include three persons representing health insurers:
(i) at least one of whom is employed by or associated with a third-party payor that is
not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
Health Plans;
(ii) at least one of whom is employed by or associated with a third party that is licensed
under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
(iii) who are trained in, or experienced with the collection, analysis, and use of health
care data;
(g) include two consumer representatives:
(i) from organized consumer or employee associations; and
(ii) knowledgeable about the collection and use of health care data;
(h) include one person:
(i) representative of a neutral, non-biased entity that can demonstrate that the entity has
the broad support of health care payers and health care providers; and
(ii) who is knowledgeable about the collection, analysis, and use of health care data;
and
(i) include two persons representing public health who are trained in or experienced
with the collection, use, and analysis of health care data.
(14) (a) Except as required by Subsection (14)(b), as terms of current committee
members expire, the governor shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (14)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) Members may serve after the members' terms expire until replaced.
(15) When a vacancy occurs in the membership for any reason, [
the replacement shall
be appointed for the unexpired term
] 
the governor shall, with the advice and consent of the
Senate, and in accordance with Subsection (13) and Title 63G, Chapter 24, Part 2, Vacancies,
appoint a replacement for the unexpired term
.
(16) Committee members shall annually elect a chair of the committee from among the
committee's membership. The chair shall report to the executive director.
(17) (a) The committee shall meet at least once during each calendar quarter. Meeting
dates shall be set by the chair upon 10 working days' notice to the other members, or upon
written request by at least four committee members with at least 10 working days' notice to
other committee members.
(b) Eight committee members constitute a quorum for the transaction of business.
Action may not be taken except upon the affirmative vote of a majority of a quorum of the
committee.
(c) All meetings of the committee shall be open to the public, except that the
committee may hold a closed meeting if the requirements of Sections 
52-4-204
, 
52-4-205
, and
52-4-206
 are met.
(18) A member:
(a) may not receive compensation or benefits for the member's service, but may receive
per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
; and
(b) shall comply with the conflict of interest provisions described in Title 63G, Chapter
24, Part 3, Conflicts of Interest.
Section 17. Section 
26B-1-426
 is amended to read:
26B-1-426.
Board of Aging and Adult Services -- Members, appointment, terms,
vacancies, chairperson, compensation, meetings, quorum.
(1) The Board of Aging and Adult Services created in Section 
26B-1-204
 shall have
seven members who are appointed 
or reappointed
 by the governor with the advice and consent
of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
term of four years, and is eligible for one reappointment.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) Board members shall continue in office until the expiration of their terms and until
their successors are appointed, which may not exceed 90 days after the formal expiration of a
term.
(d) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the Senate
in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the
unexpired term
.
(3) (a) No more than four members of the board may be from the same political party.
(b) The board shall have diversity of gender, ethnicity, and culture; and members shall
be chosen on the basis of their active interest, experience, and demonstrated ability to deal with
issues related to the Board of Aging and Adult Services [
.
]
.
(4) (a) The board shall annually elect a chairperson from the board's membership.
(b) The board shall hold meetings at least once every three months.
(c) Within budgetary constraints, meetings may be held from time to time on the call of
the chairperson or of the majority of the members of the board.
(d) Four members of the board are necessary to constitute a quorum at any meeting,
and, if a quorum exists, the action of the majority of members present shall be the action of the
board.
(5) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(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
.
(6) (a) The board shall adopt bylaws governing its activities.
(b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
board member who is unable or unwilling to fulfill the requirements of the board member's
appointment.
(7) The board has program policymaking authority for the division over which the
board presides.
(8) A member of the board shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 18. Section 
26B-1-429
 is amended to read:
26B-1-429.
Utah State Developmental Center Board -- Creation -- Membership --
Duties -- Powers.
(1) There is created the Utah State Developmental Center Board within the department.
(2) The board is composed of nine members as follows:
(a) the director of the Division of Services for People with Disabilities or the director's
designee;
(b) the superintendent of the developmental center or the superintendent's designee;
(c) the executive director or the executive director's designee;
(d) a resident of the Utah State Developmental Center selected by the superintendent;
and
(e) five members appointed 
or reappointed
 by the governor with the advice and consent
of the Senate as follows:
(i) three members of the general public; and
(ii) two members who are parents or guardians of individuals who receive services at
the Utah State Developmental Center.
(3) In making appointments to the board, the governor shall ensure that:
(a) no more than three members have immediate family residing at the Utah State
Developmental Center; and
(b) members represent a variety of geographic areas and economic interests of the state.
(4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
term of four years.
(b) An appointed member may not serve more than two full consecutive terms unless
the governor determines that an additional term is in the best interest of the state.
(c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
of appointed members are staggered so that approximately half of the appointed members are
appointed every two years.
(d) Appointed members shall continue in office until the expiration of their terms and
until their successors are appointed, which may not exceed 120 days after the formal expiration
of a term.
(e) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the
Senate, appoint a replacement for the unexpired term
.
(5) (a) The director shall serve as the chair.
(b) The board shall appoint a member to serve as vice chair.
(c) The board shall hold meetings quarterly or as needed.
(d) Five members are necessary to constitute a quorum at any meeting, and, if a
quorum exists, the action of the majority of members present shall be the action of the board.
(e) The chair shall be a non-voting member except that the chair may vote to break a tie
vote between the voting members.
(6) An appointed member may not receive compensation or benefits for the member's
service, but, at the executive director's discretion, may receive per diem and travel expenses in
accordance with:
(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
.
(7) (a) The board shall adopt bylaws governing the board's activities.
(b) Bylaws shall include procedures for removal of a member who is unable or
unwilling to fulfill the requirements of the member's appointment.
(8) The board shall:
(a) act for the benefit of the Utah State Developmental Center and the Division of
Services for People with Disabilities;
(b) advise and assist the Division of Services for People with Disabilities with the
division's functions, operations, and duties related to the Utah State Developmental Center,
described in Sections 
26B-6-402
, 
26B-6-403
, 
26B-6-502
, 
26B-6-504
, and 
26B-6-506
;
(c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
described in Section 
26B-1-330
;
(d) administer the Utah State Developmental Center Long-Term Sustainability Fund,
as described in Section 
26B-1-331
;
(e) approve the sale, lease, or other disposition of real property or water rights
associated with the Utah State Developmental Center, as described in Subsection
26B-6-507
(2); and
(f) within 21 days after the day on which the board receives the notice required under
Subsection 
10-2-419
(3) (b), provide a written opinion regarding the proposed boundary
adjustment to:
(i) the director of the Division of Facilities and Construction Management; and
(ii) the Legislative Management Committee. 
Section 19. Section 
32B-2-205
 is amended to read:
32B-2-205.
Director of alcoholic beverage services.
(1) (a) In accordance with Subsection (1)(b), the governor, with the advice and consent
of the Senate, shall appoint a director of alcoholic beverage services to a four-year term. [
The
]
The
 director may be appointed to more than one four-year term. The director is the
administrative head of the department.
(b) (i) The governor shall appoint the director from nominations made by the
commission.
(ii) The commission shall submit the nomination of three individuals to the governor
for appointment of the director.
(iii) By no later than 30 calendar days from the day on which the governor receives the
three nominations submitted by the commission, the governor may:
(A) appoint the director; or
(B) reject the three nominations.
(iv) If the governor rejects the nominations or fails to take action within the 30-day
period, the commission shall nominate three different individuals from which the governor may
appoint the director or reject the nominations until such time as the governor appoints the
director.
(v) The governor may reappoint the director without seeking nominations from the
commission. [
Reappointment of a director is subject to the advice and consent of the Senate.
]
(vi) The governor's reappointment of the director under Subsection (1)(b)(v) shall be
made with the advice and consent of the Senate.
(c) (i) If there is a vacancy in the position of director, during the nomination process
described in Subsection (1)(b), the governor may 
unilaterally
 appoint an interim director for a
period of up to 30 calendar days.
(ii) If a director is not appointed within the 30-day period, the interim director may
continue to serve beyond the 30-day period
,
 subject to the advice and consent of the Senate at
the next scheduled time for the Senate giving consent to appointments of the governor.
(iii) Except that if the Senate does not act on the consent to the appointment of the
interim director within 60 days of the end of the initial 30-day period, the interim director may
continue as the interim director.
(d) The director may be terminated by:
(i) the commission by a vote of four commissioners; or
(ii) the governor after consultation with the commission.
(e) The director may not be a commissioner.
(f) The director shall:
(i) be qualified in administration;
(ii) be knowledgeable by experience and training in the field of business management;
and
(iii) possess any other qualification prescribed by the commission.
(2) The governor shall establish the director's compensation within the salary range
fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(3) The director shall:
(a) carry out the policies of the commission;
(b) carry out the policies of the department;
(c) fully inform the commission of the operations and administrative activities of the
department; and
(d) assist the commission in the proper discharge of the commission's duties.
Section 20. Section 
35A-8-304
 is amended to read:
35A-8-304.
Permanent Community Impact Fund Board created -- Members --
Terms -- Chair -- Expenses.
(1) There is created within the department the Permanent Community Impact Fund
Board composed of 11 members as follows:
(a) the state treasurer or the state treasurer's designee;
(b) the chair of the Transportation Commission or the chair's designee;
(c) the executive director of the Governor's Office of Planning and Budget or the
executive director's designee;
(d) a locally elected official who resides in Carbon, Emery, Grand, or San Juan County;
(e) a locally elected official who resides in Juab, Millard, Sanpete, Sevier, Piute, or
Wayne County;
(f) a locally elected official who resides in Duchesne, Daggett, or Uintah County;
(g) a locally elected official who resides in Beaver, Iron, Washington, Garfield, or
Kane County;
(h) a locally elected official from the county that:
(i) produced the most mineral lease money related to oil extraction during the four-year
period immediately preceding the term of appointment, as determined by the department at the
end of each term; and
(ii) does not already have a representative on the impact board;
(i) a locally elected official from the county that:
(i) produced the most mineral lease money related to natural gas extraction during the
four-year period immediately preceding the term of appointment, as determined by the
department at the end of each term; and
(ii) does not already have a representative on the impact board;
(j) a locally elected official from the county that:
(i) produced the most mineral lease money related to coal extraction during the
four-year period immediately preceding the term of appointment, as determined by the
department at the end of each term; and
(ii) does not already have a representative on the impact board; and
(k) an individual who resides in a county of the third, fourth, fifth, or sixth class,
appointed by the governor with the advice and consent of the Senate in accordance with Title
63G, Chapter 24, Part 2, Vacancies.
(2) (a) The members specified under Subsections (1)(d) through (j) may not reside in
the same county and shall be:
(i) nominated by the Board of Directors of the Southeastern Association of Local
Governments, the Six County Association of Governments, the Uintah Basin Association of
Governments, and the Five County Association of Governments, respectively, except that the
members specified under Subsections (1)(h) through (j) shall be nominated by the Board of
Directors of the Association of Governments from the region of the state in which the county is
located; and
(ii) appointed by the governor with the advice and consent of the Senate in accordance
with Title 63G, Chapter 24, Part 2, Vacancies.
(b) Except as required by Subsection (2)(c), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(c) Notwithstanding the requirements of Subsection (2)(b), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) When the governor makes a new appointment or reappointment under Subsection
(2)(b), or a vacancy appointment under Subsection (2)(d), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(3)
] 
(4)
 The terms of office for the members specified under Subsections (1)(a)
through (c) shall run concurrently with the term of office for the commission, department, or
office from which each member comes.
[
(4)
] 
(5)
 (a) The member specified under Subsection (1)(k) is the chair of the impact
board.
(b) The chair of the impact board is responsible for the call and conduct of meetings.
[
(5)
] 
(6)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(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
.
[
(6)
] 
(7)
 A member described in Subsections (1)(d) through (k) shall comply with the
conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
[
(7)
] 
(8)
 (a) A majority of the members of the impact board constitutes a quorum.
(b) Action by a majority vote of a quorum of the impact board constitutes action by the
impact board.
[
(8)
] 
(9)
 The department shall provide staff support to the impact board.
Section 21. Section 
35A-8-2103
 is amended to read:
35A-8-2103.
Private Activity Bond Review Board.
(1) There is created within the department the Private Activity Bond Review Board,
composed of the following 11 members:
(a) (i) the executive director of the department or the executive director's designee;
(ii) the executive director of the Governor's Office of Economic Opportunity or the
executive director's designee;
(iii) the state treasurer or the state treasurer's designee;
(iv) the chair of the Utah Board of Higher Education or the chair's designee; and
(v) the chair of the Utah Housing Corporation or the chair's designee; and
(b) six local government members who are:
(i) three elected or appointed county officials, nominated by the Utah Association of
Counties and appointed 
or reappointed
 by the governor with the advice and consent of the
Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
(ii) three elected or appointed municipal officials, nominated by the Utah League of
Cities and Towns and appointed 
or reappointed
 by the governor with the advice and consent of
the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) (a) Except as required by Subsection (2)(b), the terms of office for the local
government members of the board of review shall be four-year terms.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board of review members are staggered so that approximately half of the board of review is
appointed every two years.
(c) Members may be reappointed only once.
(3) (a) If a local government member ceases to be an elected or appointed official of
the city or county the member is appointed to represent, that membership on the board of
review terminates immediately and there shall be a vacancy in the membership.
(b) When a vacancy occurs in the 
local government
 membership for any reason[
, the
replacement shall be appointed within 30 days in the manner of the regular appointment for the
unexpired term.
]
:
(i) the Utah Association of Counties or the Utah League of Cities and Towns shall,
within 30 days after the date of the vacancy, nominate an official described in Subsection
(1)(b)(i) or (ii), as applicable, to fill the vacancy; and
(ii) the governor shall, with the advice and consent of the Senate in accordance with
Title 63G, Chapter 24, Part 2, Vacancies, appoint the nominee for the unexpired term.
(4) (a) The chair of the board of review is the executive director of the department or
the executive director's designee.
(b) The chair is nonvoting except in the case of a tie vote.
(5) Six members of the board of review constitute a quorum.
(6) Formal action by the board of review requires a majority vote of a quorum.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(8) The chair of the board of review serves as the state official designated under state
law to make certifications required to be made under Section 146 of the code including the
certification required by Section 149(e)(2)(F) of the code.
(9) A member appointed to fill a position described in Subsection (1)(b) shall comply
with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
Interest.
Section 22. Section 
40-6-4
 is amended to read:
40-6-4.
Board of Oil, Gas, and Mining created -- Functions -- Appointment of
members -- Terms -- Chair -- Quorum -- Expenses.
(1) (a) There is created within the Department of Natural Resources the Board of Oil,
Gas, and Mining.
(b) The board shall be the policy making body for the Division of Oil, Gas, and
Mining.
(2) (a) The board shall consist of seven members appointed by the governor with the
advice and consent of the Senate [
and
] in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
(b) No more than four members shall be from the same political party.
(c) In accordance with the requirements of Section 
79-2-203
, the members appointed
under Subsection (2)(a) shall include the following:
(i) two members who are knowledgeable in mining matters;
(ii) two members who are knowledgeable in oil and gas matters;
(iii) one member who is knowledgeable in ecological and environmental matters;
(iv) one member who:
(A) is a private land owner;
(B) owns a mineral or royalty interest; and
(C) is knowledgeable in mineral or royalty interests; and
(v) one member who is knowledgeable in geological matters.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) A member shall hold office until the expiration of the member's term and until the
member's successor is appointed, but not more than 90 days after the expiration of the
member's term.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term by the governor with the advice and consent of the Senate.
(b) The person appointed shall have the same qualifications as the person's
predecessor.
(5) When the governor makes a new appointment or reappointment under Subsection
(3)(a), or a vacancy appointment under Subsection (4)(a), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(5)
] 
(6)
 (a) The board shall appoint its chair from the membership.
(b) Four members of the board shall constitute a quorum for the transaction of business
and the holding of hearings.
[
(6)
] 
(7)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(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
.
[
(7)
] 
(8)
 A member shall comply with the conflict of interest provisions described in
Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 23. Section 
51-7-16
 is amended to read:
51-7-16.
State Money Management Council -- Members -- Terms -- Vacancies --
Chair and vice chair-- Executive secretary -- Meetings -- Quorum -- Members' disclosure
of interests -- Per diem and expenses.
(1) (a) There is created a State Money Management Council composed of five
members appointed 
or reappointed
 by the governor after consultation with the state treasurer
and with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
(b) The members of the council shall be qualified by training and experience in the
field of investment or finance as follows:
(i) at least one member, but not more than two members, shall be experienced in the
banking business;
(ii) at least one member, but not more than two members, shall be an elected treasurer;
(iii) at least one member, but not more than two members, shall be an appointed public
treasurer; and
(iv) two members, but not more than two members, shall be experienced in the field of
investment.
(c) No more than three members of the council may be from the same political party.
(2) (a) Except as required by Subsection (2)(b), the council members shall be appointed
for terms of four years.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the council is appointed every two
years.
(c) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the Senate
in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the
unexpired term
.
(d) All members shall serve until their successors are appointed and qualified.
(3) (a) The council members shall elect a chair and vice chair.
(b) The state treasurer shall serve as executive secretary of the council without vote.
(4) (a) The council shall meet at least once per quarter at a regular date to be fixed by
the council and at other times at the call of the chair, the state treasurer, or any two members of
the council.
(b) Three members are a quorum for the transaction of business.
(c) Actions of the council require a vote of a majority of those present.
(d) All meetings of the council and records of its proceedings are open for inspection
by the public at the state treasurer's office during regular business hours except for:
(i) reports of the commissioner of financial institutions concerning the identity,
liquidity, or financial condition of qualified depositories and the amount of public funds each is
eligible to hold; and
(ii) reports of the director concerning the identity, liquidity, or financial condition of
certified dealers.
(5) (a) Each member of the council shall file a sworn or written statement with the
lieutenant governor that discloses any position or employment or ownership interest that the
member has in any financial institution or investment organization.
(b) Each member shall file the statement required by this Subsection (5) when the
member becomes a member of the council and when substantial changes in the member's
position, employment, or ownership interests occur.
(c) Each member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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 24. Section 
51-10-206
 is amended to read:
51-10-206.
Diné Advisory Committee.
(1) There is created the Diné Advisory Committee.
(2) (a) The governor, with the advice and consent of the Senate, shall appoint nine
members to the Diné Advisory Committee.
(b) In making an appointment under Subsection (2)(a), the governor shall ensure that
the Diné Advisory Committee includes:
(i) two registered members of the Aneth Chapter of the Navajo Nation who reside in
San Juan County, Utah;
(ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
Utah;
(iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
resides in San Juan County, Utah;
(iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
resides in San Juan County, Utah;
(v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
Nation;
(vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
in San Juan County, Utah; and
(vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
resides in San Juan County, Utah.
(3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
Dennehotso chapters, shall submit to the governor the names of two nominees to the Diné
Advisory Committee chosen by the chapter.
(ii) The governor shall appoint one of the two persons whose names are submitted
under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory Committee.
(b) (i) The Blue Mountain Diné shall submit to the governor the names of two
nominees to the Diné Advisory Committee.
(ii) The governor shall appoint one of the two persons whose names are submitted
under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory
Committee.
(c) (i) The Aneth Chapter shall submit to the governor the names of two nominees for
each of the two positions to the Diné Advisory Committee representing the Aneth chapter.
(ii) The governor shall appoint two of the persons whose names are submitted under
Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné Advisory Committee.
(d) (i) Subject to Subsection (3)(d)(ii), the Oljato Chapter shall submit to the governor
the names of two nominees for each of the two positions to the Diné Advisory Committee
representing the Oljato Chapter and the Dennehotso Chapter.
(ii) The Dennehotso Chapter may submit one nominee for purposes of the governor
appointing a representative of the Oljato Chapter and the Dennehotso Chapter.
(iii) The governor shall appoint two of the persons whose names are submitted under
Subsection (3)(d)(i) or (ii) to be the representatives on the Diné Advisory Committee of the
Oljato Chapter and the Dennehotso Chapter.
(e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
Mountain Diné shall ensure that the individual's whose name is submitted:
(i) is an enrolled member of the Navajo Nation;
(ii) resides in San Juan County, Utah;
(iii) is 21 years of age or older;
(iv) is not an officer of the chapter;
(v) has not been convicted of a felony; and
(vi) is not currently, or within the last 12 months has not been, an officer, director,
employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
expenditure of:
(A) the Division of Indian Affairs; or
(B) the fund.
(4) If both members appointed under Subsection (2)(b)(v) are registered members of
the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
(5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
(i) the Division of Indian Affairs;
(ii) the fund; or
(iii) the Division of Indian Affairs or fund as an officer, director, employee, or
contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
of:
(A) the Division of Indian Affairs; or
(B) the fund.
(b) A member of the Diné Advisory Committee may receive a benefit from an
expenditure of the fund if:
(i) when the benefit is discussed by the Diné Advisory Committee:
(A) the member discloses that the member may receive the benefit;
(B) the member physically leaves the room in which the Diné Advisory Committee is
discussing the benefit; and
(C) the Diné Advisory Committee approves the member receiving the benefit by a
unanimous vote of the members present at the meeting discussing the benefit;
(ii) a Utah Navajo Chapter requests that the benefit be received by the member;
(iii) the member is in compliance with the ethics and conflict of interest policy required
under Subsection 
51-10-204
(2)(c);
(iv) (A) the expenditure from the fund is made in accordance with this chapter; and
(B) the benefit is no greater than the benefit available to members of the Navajo Nation
residing in San Juan County, Utah; and
(v) the member is not receiving the benefit as an officer, director, employee, or
contractor of a service provider.
(6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
members expire, the governor shall appoint each new member or reappointed member to a
four-year term.
(ii) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of committee members are staggered so that approximately
half of the Diné Advisory Committee is appointed every two years.
(iii) The terms of the Aneth Chapter's representatives appointed under Subsection
(3)(c)(ii) shall be staggered in accordance with this Subsection (6) so that only one position is
appointed by the governor in a year.
(iv) The terms of the Oljato Chapter's and the Dennehotso Chapter's representatives
appointed under Subsection (3)(d) shall be staggered in accordance with this Subsection (6) so
that only one position is appointed by the governor in a year.
(b) Except as provided in Subsection (6)(c), a committee member shall serve until the
committee member's successor is appointed and qualified.
(c) If a committee member is absent from three consecutive committee meetings, or if
the committee member violates the ethical or conflict of interest policies established by statute
or the Diné Advisory Committee:
(i) the committee member's appointment is terminated;
(ii) the position is vacant; and
(iii) the governor shall appoint a replacement.
(d) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement for the unexpired term according to the procedures of this section.
(e) The governor may appoint an individual to more than one term on the Diné
Advisory Committee.
(7) When the governor makes a new appointment or reappointment under Subsection
(6)(a)(i), or a vacancy appointment under Subsection (6)(d), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate.
[
(7)
] 
(8)
 (a) The committee members shall select a chair and vice chair from committee
membership each two years subsequent to the appointment of new committee members.
(b) Five members of the Diné Advisory Committee is a quorum for the transaction of
business.
(c) The Diné Advisory Committee shall:
(i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
(ii) ensure that its meetings are held at or near:
(A) a chapter house or meeting hall of a Utah Navajo Chapter; or
(B) other places in Utah that the Diné Advisory Committee considers practical and
appropriate; and
(iii) ensure that its meetings are public hearings at which a resident of San Juan
County, Utah, may appear and speak.
[
(8)
] 
(9)
 A committee member may not receive compensation or benefits for the
committee member's service, but may receive per diem and travel expenses in accordance with
policy adopted by the board.
[
(9)
] 
(10)
 The trust administrator shall staff the Diné Advisory Committee.
[
(10)
] 
(11)
 The Diné Advisory Committee shall advise the trust administrator about the
expenditure of fund money.
Section 25. Section 
53B-2-104
 is amended to read:
53B-2-104.
Degree-granting institution board of trustees -- Membership -- Terms
-- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
(1) As used in this section, "board of trustees" means the board of trustees for a
degree-granting institution.
(2) (a) The board of trustees of a degree-granting institution consists of the following:
(i) except as provided in Subsection (2)(c), eight individuals appointed by the governor
with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies; and
(ii) two ex officio members who are the president of the institution's alumni
association, and the president of the associated students of the institution.
(b) In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the
governor:
(i) shall ensure that the membership of a board of trustees includes representation of
interests of business, industry, and labor; and
(ii) may not appoint an individual to more than two consecutive full terms.
(c) (i) The board of trustees of Utah State University has nine individuals appointed by
the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter
24, Part 2, Vacancies.
(ii) One of the nine individuals described in Subsection (2)(c)(i) shall reside in the
Utah State University Eastern service region or the Utah State University Blanding service
region.
(3) (a) The governor shall appoint four members of each board of trustees during each
odd-numbered year to four-year terms commencing on July 1 of the year of appointment.
(b) Except as provided in Subsection (3)(d), a member appointed under Subsection
(2)(a)(i) or (2)(c)(i) holds office until a successor is appointed and qualified.
(c) The ex officio members serve for the same period as they serve as presidents and
until their successors have qualified.
(d) (i) The governor may remove a member appointed under Subsection (2)(a)(i) or
(2)(c)(i) for cause.
(ii) The governor shall consult with the president of the Senate before removing a
member in accordance with Subsection (3)(d)(i).
(4) When a vacancy occurs in the membership of a board of trustees for any reason, the
governor shall
, with the advice and consent of the Senate in accordance with Title 63G,
Chapter 24, Part 2, Vacancies,
 appoint a replacement for the unexpired term.
(5) (a) Each member of a board of trustees shall take the official oath of office prior to
assuming the office.
(b) The oath shall be filed with the Division of Archives and Records Services.
(6) A board of trustees shall elect a chair and vice chair, who serve for two years and
until their successors are elected and qualified.
(7) (a) A board of trustees may enact bylaws for the board of trustees' own government,
including provisions for regular meetings.
(b) (i) A board of trustees may provide for an executive committee in the board of
trustees' bylaws.
(ii) If established, an executive committee shall have full authority of the board of
trustees to act upon routine matters during the interim between board of trustees meetings.
(iii) An executive committee may act on nonroutine matters only under extraordinary
and emergency circumstances.
(iv) An executive committee shall report the executive committee's activities to the
board of trustees at the board of trustees' next regular meeting following the action.
(c) Copies of a board of trustees' bylaws shall be filed with the board.
(8) A quorum is required to conduct business and consists of six members.
(9) A board of trustees may establish advisory committees.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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
.
(11) A board of trustees member shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 26. Section 
59-1-201
 is amended to read:
59-1-201.
Composition of commission -- Terms -- Removal from office --
Appointment.
(1) The commission shall be composed of four members appointed by the governor
with the advice and consent of the Senate[
, and
] in accordance with Title 63G, Chapter 24, Part
2, Vacancies.
(2) Subject to Subsection (3), the term of office of each commissioner shall be for four
years and expire on June 30 of the year the term ends.
(3) The governor shall stagger a term described in Subsection (2) so that the term of
one commissioner expires each year.
(4) A commissioner shall hold office until a successor is appointed and qualified.
(5) (a) The governor may remove a commissioner from office for neglect of duty,
inefficiency, or malfeasance, after notice and a hearing.
(b) If the governor removes a commissioner from office and appoints another person to
replace the commissioner, the person the governor appoints to replace the commissioner:
(i) shall serve for the remainder of the unexpired term; and
(ii) may be reappointed as the governor determines.
(6) The individual the governor appoints or reappoints under Subsection (5) shall be
made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
2, Vacancies.
[
(6)
] 
(7)
 (a) Before appointing a commissioner, the governor shall request a list of
names of potential appointees from:
(i) the Utah State Bar;
(ii) one or more organizations that represent certified public accountants who are
licensed to practice in the state;
(iii) one or more organizations that represent persons who assess or appraise property
in the state; and
(iv) one or more national organizations that:
(A) offer a professional certification in the areas of property tax, sales and use tax, and
state income tax;
(B) require experience, education, and testing to obtain the certification; and
(C) require additional education to maintain the certification.
(b) In appointing a commissioner, the governor shall consider:
(i) to the extent names of potential appointees are submitted, the names of potential
appointees submitted in accordance with Subsection [
(6)(a)
] 
(7)(a)
; and
(ii) any other potential appointee of the governor's own choosing.
Section 27. Section 
61-1-18.5
 is amended to read:
61-1-18.5.
Securities Commission -- Transition.
(1) (a) There is created a Securities Commission.
(b) The division shall provide staffing to the commission.
(2) (a) The commission shall:
(i) formulate and make recommendations to the director regarding policy and
budgetary matters;
(ii) submit recommendations regarding registration requirements;
(iii) formulate and make recommendations to the director regarding the establishment
of reasonable fees;
(iv) act in an advisory capacity to the director with respect to the exercise of the
director's duties, powers, and responsibilities;
(v) conduct an administrative hearing under this chapter that is not:
(A) delegated by the commission to an administrative law judge or the division relating
to a violation of this chapter; or
(B) expressly delegated to the division under this chapter;
(vi) except as provided in Subsection (2)(b), and consistent with Section 
61-1-20
,
impose a sanction as provided in this chapter;
(vii) review rules made by the division for purposes of concurrence in accordance with
Section 
61-1-24
; and
(viii) perform other duties as this chapter provides.
(b) (i) The commission may delegate to the division the authority to impose a sanction
under this chapter.
(ii) If under Subsection (2)(b)(i) the commission delegates to the division the authority
to impose a sanction, a person who is subject to the sanction may petition the commission for
review of the sanction.
(iii) A person who is sanctioned by the division in accordance with this Subsection
(2)(b) may seek agency review by the executive director only after the commission reviews the
division's action.
(3) (a) The governor shall appoint five members to the commission with the advice and
consent of the Senate as follows:
(i) two members from the securities brokerage community:
(A) who are not from the same broker-dealer or affiliate; and
(B) who have at least five years prior experience in securities matters;
(ii) one member from the securities section of the Utah State Bar:
(A) whose practice primarily involves:
(I) corporate securities; or
(II) representation of plaintiffs in securities cases;
(B) who does not routinely represent clients involved in:
(I) civil or administrative litigation with the division; or
(II) criminal cases brought under this chapter; and
(C) who has at least five years prior experience in securities matters;
(iii) one member who is an officer or director of a business entity not subject to the
reporting requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934; and
(iv) one member from the public at large who has no active participation in the
securities business.
(b) A member may not serve more than two consecutive terms.
(4) (a) Except as required by Subsection (4)(b) and subject to Subsection (4)(c), as
terms of current members expire, the governor shall appoint a new member or reappointed
member to a four-year term.
(b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of commission members
are staggered so that approximately half of the commission is appointed every two years.
(c) For purposes of making an appointment to the commission, the governor:
(i) shall as of May 12, 2009:
(A) appoint all five members of the commission; and
(B) stagger the terms of the five members of the commission to comply with
Subsection (4)(b); and
(ii) may not consider the commission an extension of the previous Securities Advisory
Board.
(d) When a vacancy occurs in the membership for any reason, the governor shall
appoint a replacement member for the unexpired term.
(e) A member shall serve until the member's respective successor is appointed and
qualified.
(f) The commission shall annually select one member to serve as chair of the
commission.
(5) When the governor makes a new appointment or reappointment under Subsection
(4)(a), or a vacancy appointment under Subsection (4)(d), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate.
[
(5)
] 
(6)
 (a) The commission shall meet:
(i) at least quarterly on a regular date to be fixed by the commission; and
(ii) at such other times at the call of:
(A) the director; or
(B) any two members of the commission.
(b) A majority of the commission shall constitute a quorum for the transaction of
business.
(c) An action of the commission requires a vote of a majority of members present.
[
(6)
] 
(7)
 A member of the commission shall, by sworn and written statement filed with
the Department of Commerce and the lieutenant governor, disclose any position of
employment or ownership interest that the member has with respect to an entity or business
subject to the jurisdiction of the division or commission. This statement shall be filed upon
appointment and must be appropriately amended whenever significant changes occur in matters
covered by the statement.
[
(7)
] 
(8)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(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
.
[
(8)
] 
(9)
 (a) A rule or form made by the division under this section that is in effect on
May 11, 2009, is considered to have been concurred with by the commission as of May 12,
2009, until the commission acts on the rule or form.
(b) For a civil or administrative action pending under this chapter as of May 12, 2009,
brought under the authority of division under this chapter as in effect May 11, 2009, that may
be brought only by the commission under this chapter as in effect on May 12, 2009:
(i) the action shall be considered brought by the commission; and
(ii) the commission may take any act authorized under this chapter regarding that
action.
Section 28. Section 
61-2g-204
 is amended to read:
61-2g-204.
Real Estate Appraiser Licensing and Certification Board.
(1) (a) There is established a Real Estate Appraiser Licensing and Certification Board
that consists of seven regular members as follows:
(i) one state-licensed or state-certified appraiser who may be either a residential or
general licensee or certificate holder;
(ii) one state-certified residential appraiser;
(iii) one state-certified general appraiser;
(iv) one member who is certified as either a state-certified residential appraiser or a
state-certified general appraiser;
(v) one member who represents an appraisal management company registered in
accordance with Chapter 2e, Appraisal Management Company Registration and Regulation
Act;
(vi) one member:
(A) who is licensed or represents a person licensed under Chapter 2c, Utah Residential
Mortgage Practices and Licensing Act; or
(B) who represents a mortgage lender, as defined in Section 
70D-2-102
, operating in
the state in accordance with Title 70D, Chapter 2, Mortgage Lending and Servicing Act; and
(vii) one member of the general public.
(b) A state-licensed or state-certified appraiser may be appointed as an alternate
member of the board.
(c) The governor shall appoint all members of the board with the advice and consent of
the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2) (a) Except as required by Subsection (2)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term beginning on July 1.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) Upon the expiration of a member's term, a member of the board shall continue to
hold office until the appointment and qualification of the member's successor.
(d) A person may not serve as a member of the board for more than two consecutive
terms.
(3) (a) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term.
(b) The governor may remove a member for cause.
(4) When the governor makes a new appointment or reappointment under Subsection
(2)(a), or a vacancy appointment under Subsection (3)(a), the governor's new appointment,
reappointment, or vacancy appointment shall be made with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
[
(4)
] 
(5)
 The public member of the board may not be licensed or certified under this
chapter.
[
(5)
] 
(6)
 The board shall meet at least quarterly to conduct its business. The division
shall give public notice of a board meeting.
[
(6)
] 
(7)
 The members of the board shall elect a chair annually from among the
members to preside at board meetings.
[
(7)
] 
(8)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(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
.
[
(8)
] 
(9)
 (a) Four members of the board shall constitute a quorum for the transaction of
business.
(b) If a quorum of members is unavailable for any meeting, the alternate member of the
board, if any, shall serve as a regular member of the board for that meeting if with the presence
of the alternate member a quorum is present at the meeting.
(c) A member of the board shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 29. Section 
63A-15-201
 is amended to read:
63A-15-201.
Commission established -- Membership.
(1) There is established a Political Subdivisions Ethics Review Commission.
(2) The commission is composed of seven individuals, each of whom is registered to
vote in this state and appointed by the governor with the advice and consent of the Senate, as
follows:
(a) one member who has served, but no longer serves, as a judge of a court of record in
this state;
(b) one member who has served as a mayor or municipal council member no more
recently than four years before the date of appointment;
(c) one member who has served as a member of a local board of education no more
recently than four years before the date of appointment;
(d) two members who are lay persons; and
(e) two members, each of whom is one of the following:
(i) a municipal mayor no more recently than four years before the date of appointment;
(ii) a municipal council member no more recently than four years before the date of
appointment;
(iii) a county mayor no more recently than four years before the date of appointment;
(iv) a county commissioner no more recently than four years before the date of
appointment;
(v) a special service district administrative control board member no more recently
than four years before the date of appointment;
(vi) a special district board of trustees member no more recently than four years before
the date of appointment; or
(vii) a judge who has served, but no longer serves, as a judge of a court of record in
this state.
(3) (a) A member of the commission may not, during the member's term of office on
the commission, act or serve as:
(i) a political subdivision officer;
(ii) a political subdivision employee;
(iii) an agency head as defined in Section 
67-16-3
;
(iv) a lobbyist as defined in Section 
36-11-102
; or
(v) a principal as defined in Section 
36-11-102
.
(b) In addition to the seven members described in Subsection (2), the governor shall,
with the advice and consent of the Senate, appoint one individual as an alternate member of the
commission who:
(i) may be a lay person;
(ii) shall be registered to vote in the state; and
(iii) complies with the requirements described in Subsection (3)(a).
(c) The alternate member described in Subsection (3)(b):
(i) shall serve as a member of the commission in the place of one of the seven members
described in Subsection (2) if that member is temporarily unable or unavailable to participate in
a commission function or is disqualified under Section 
63A-15-303
; and
(ii) may not cast a vote on the commission unless the alternate member is serving in
the capacity described in Subsection (3)(c)(i).
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each member of the commission
shall serve a four-year term.
(ii) When appointing the initial members upon formation of the commission, a member
described in Subsections (2)(b) through (d) shall be appointed to a two-year term so that
approximately half of the commission is appointed every two years.
(b) (i) When a vacancy occurs in the commission's membership for any reason, a
replacement member shall be appointed for the unexpired term of the vacating member using
the procedures and requirements [
of
] 
described in
 Subsection (2) 
or (3)(b), as applicable
.
(ii) For the purposes of this section, an appointment for an unexpired term of a
vacating member is not considered a full term.
(c) A member may not be appointed to serve for more than two full terms, whether
those terms are two or four years.
(d) A member of the commission may resign from the commission by giving one
month's written notice of the resignation to the governor.
(e) The governor shall remove a member from the commission if the member:
(i) is convicted of, or enters a plea of guilty to, a crime involving moral turpitude;
(ii) enters a plea of no contest or a plea in abeyance to a crime involving moral
turpitude; or
(iii) fails to meet the qualifications of office as provided in this section.
(f) (i) If a commission member is accused of wrongdoing in a complaint, or if a
commission member has a conflict of interest in relation to a matter before the commission:
(A) the alternate member described in Subsection (3)(b) shall serve in the member's
place for the purposes of reviewing the complaint; or
(B) if the alternate member has already taken the place of another commission member
or is otherwise not available, the commission shall appoint another individual to temporarily
serve in the member's place for the purposes of reviewing the complaint.
(ii) An individual appointed by the commission under Subsection (4)(f)(i)(B):
(A) is not required to be confirmed by the Senate;
(B) may be a lay person;
(C) shall be registered to vote in the state; and
(D) shall comply with Subsection (3)(a).
(5) (a) Except as provided in Subsection (5)(b)(i), a member of the commission may
not receive compensation or benefits for the member's service.
(b) (i) A member may receive per diem and expenses incurred in the performance of
the member's official duties at the rates established by the Division of Finance under Sections
63A-3-106
 and 
63A-3-107
.
(ii) A member may decline to receive per diem and expenses for the member's service.
(6) The commission members shall, by a majority vote, elect a commission chair from
among the commission members.
Section 30. Section 
63G-2-501
 is amended to read:
63G-2-501.
State Records Committee created -- Membership -- Terms --
Vacancies -- Expenses.
(1) There is created the State Records Committee within the Department of
Government Operations consisting of the following seven individuals:
(a) an individual in the private sector whose profession requires the individual to create
or manage records that, if created by a governmental entity, would be private or controlled;
(b) an individual with experience with electronic records and databases, as
recommended by a statewide technology advocacy organization that represents the public,
private, and nonprofit sectors;
(c) the director of the Division of Archives and Records Services or the director's
designee;
(d) two citizen members;
(e) one person representing political subdivisions, as recommended by the Utah League
of Cities and Towns; and
(f) one individual representing the news media.
(2) The governor shall appoint 
or reappoint
 the members described in Subsections
(1)(a), (b), (d), (e), and (f) with the advice and consent of the Senate in accordance with [
Title
63G, Chapter 24, Part 2, Vacancies
] 
Chapter 24, Part 2, Vacancies
.
(3) (a) Except as provided in Subsection (3)(b), the governor shall appoint each
member to a four-year term.
(b) Notwithstanding Subsection (3)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of committee members are
staggered so that approximately half of the committee is appointed every two years.
(c) Each appointed member is eligible for reappointment for one additional term.
(4) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed for the unexpired term
] 
the governor shall, with the advice and consent of the Senate
in accordance with Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired
term
.
(5) A member of the State Records Committee may not receive compensation or
benefits for the member's service on the committee, but may receive per diem and travel
expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(6) A member described in Subsection (1)(a), (b), (d), (e), or (f) shall comply with the
conflict of interest provisions described in Chapter 24, Part 3, Conflicts of Interest.
Section 31. Section 
63M-7-504
 is amended to read:
63M-7-504.
Crime Victim Reparations and Assistance Board -- Members.
(1) (a) A Crime Victim Reparations and Assistance Board is created, consisting of
seven members appointed 
or reappointed
 by the governor with the advice and consent of the
Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(b) The membership of the board shall consist of:
(i) a member of the bar of this state;
(ii) a victim of criminally injurious conduct;
(iii) a licensed physician;
(iv) a representative of law enforcement;
(v) a mental health care provider;
(vi) a victim advocate; and
(vii) a private citizen.
(c) The governor may appoint a chair of the board who shall serve for a period of time
prescribed by the governor, not to exceed the length of the chair's term. The board may elect a
vice chair to serve in the absence of the chair.
(d) The board may hear appeals from administrative decisions as provided in rules
adopted pursuant to Section 
63M-7-515
.
(2) (a) Except as required by Subsection (2)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) A member may be reappointed to one successive term in addition to a member's
initial full-term appointment.
(3) (a) When a vacancy occurs in the membership for any reason, [
the replacement
shall be appointed for the unexpired term
] 
the governor shall, with the advice and consent of
the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement
for the unexpired term
.
(b) A member resigning from the board shall serve until the member's successor is
appointed and qualified.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(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
.
(5) The board shall meet at least once quarterly but may meet more frequently as
necessary.
(6) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 32. Section 
63M-7-902
 is amended to read:
63M-7-902.
Creation -- Membership -- Terms -- Vacancies -- Expenses.
(1) There is created the Utah Victim Services Commission within the State
Commission on Criminal and Juvenile Justice.
(2) The commission is composed of the following members:
(a) the executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's designee;
(b) the director of the Utah Office for Victims of Crime or the director's designee;
(c) the executive director of the Department of Health and Human Services or the
executive director's designee;
(d) the executive director of the Department of Corrections or the executive director's
designee;
(e) the director of the Division of Multicultural Affairs or the director's designee;
(f) the executive director of the state sexual assault coalition for this state or the
executive director's designee;
(g) the executive director of the state domestic violence coalition for this state or the
executive director's designee;
(h) the executive director of the tribal coalition for this state or the executive director's
designee;
(i) the director of the Children's Justice Center Program in the Office of the Attorney
General or the director's designee;
(j) the chair of the Children's Justice Center Standing Committee or the chair's
designee;
(k) the attorney general or the attorney general's designee;
(l) the commissioner of the Department of Public Safety or the commissioner's
designee;
(m) a criminal justice system based advocate, appointed by the governor with the
advice and consent of the Senate;
(n) a prosecuting attorney, appointed by the governor with the advice and consent of
the Senate;
(o) a criminal defense attorney, appointed by the governor with the advice and consent
of the Senate;
(p) a law enforcement representative from the Utah Sheriffs Association or Utah Chiefs
of Police Association, appointed by the governor with the advice and consent of the Senate;
(q) an individual who is a victim of crime, appointed by the governor with the advice
and consent of the Senate;
(r) an individual who is a current or former representative from the House of
Representatives or has experience or expertise with the legislative process, appointed by the
speaker of the House of Representatives; and
(s) an individual who is a current or former senator from the Senate or has experience
or expertise with the legislative process, appointed by the president of the Senate.
(3) (a) A member appointed under Subsections (2)(m) through (s) shall serve a
four-year term.
(b) A member appointed to serve a four-year term is eligible for reappointment.
(c) The governor's reappointment of a member under Subsections (2)(m) through (q)
shall be made with the advice and consent of the Senate.
(4) When a vacancy occurs in the membership of the commission for any reason, [
the
replacement shall be appointed by the applicable appointing authority for the remainder of the
unexpired term of the original appointment
] 
the applicable appointing authority shall, in
accordance with any procedure described in Subsection (2)(a) through (s), appoint a
replacement for the unexpired term
.
(5) Except as otherwise provided in Subsection [
(5)
] 
(6)
, a member may not receive
compensation for the member's service but may receive per diem and reimbursement for travel
expenses incurred as a member at the rates established by:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(6) A member may not receive per diem or reimbursement for travel expenses under
Subsection (5) if the member is being paid by a governmental entity while performing the
member's service on the commission.
Section 33. Section 
63N-7-201
 is amended to read:
63N-7-201.
Board of Tourism created -- Members -- Meetings -- Expenses.
(1) There is created within the tourism office the Board of Tourism Development.
(2) (a) The board shall consist of 15 members appointed 
or reappointed
 by the
governor to four-year terms with the advice and consent of the Senate.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(3) The members may not serve more than two full consecutive terms unless the
governor determines that an additional term is in the best interest of the state.
(4) Not more than eight members of the board may be from the same political party.
(5) (a) The members shall be representative of:
(i) all areas of the state with six being appointed from separate geographical areas as
provided in Subsection (5)(b); and
(ii) a diverse mix of business ownership or executive management of tourism related
industries.
(b) The geographical representatives shall be appointed as follows:
(i) one member from Salt Lake, Tooele, or Morgan County;
(ii) one member from Davis, Weber, Box Elder, Cache, or Rich County;
(iii) one member from Utah, Summit, Juab, or Wasatch County;
(iv) one member from Carbon, Emery, Grand, Duchesne, Daggett, or Uintah County;
(v) one member from San Juan, Piute, Wayne, Garfield, or Kane County; and
(vi) one member from Washington, Iron, Beaver, Sanpete, Sevier, or Millard County.
(c) The tourism industry representatives of ownership or executive management shall
be appointed as follows:
(i) one member from ownership or executive management of the lodging industry, as
recommended by the tourism industry for the governor's consideration;
(ii) one member from ownership or executive management of the restaurant industry,
as recommended by the restaurant industry for the governor's consideration;
(iii) one member from ownership or executive management of the ski industry, as
recommended by the ski industry for the governor's consideration; and
(iv) one member from ownership or executive management of a tourism-related
transportation provider, as recommended by the tourism industry for the governor's
consideration.
(d) One member shall be appointed at large from ownership or executive management
of business, finance, economic policy, or the academic media marketing community.
(e) One member shall be appointed from the Utah Tourism Industry Association, as
recommended by the association for the governor's consideration.
(f) One member shall be appointed to represent the state's counties, as recommended
by the Utah Association of Counties for the governor's consideration.
(g) One member shall be appointed from an arts and cultural organization, as
recommended by the arts and cultural community for the governor's consideration.
(h) One member shall be appointed to represent the outdoor recreation industry, as
recommended by the outdoor recreation industry for the governor's consideration.
(i) (i) The governor may choose to disregard a recommendation made for the board
members described in Subsections (5)(c), (e), and (f) through (h).
(ii) The governor shall request additional recommendations if recommendations are
disregarded under Subsection (5)(i)(i).
(6) When a vacancy occurs in the membership for any reason, [
the replacement shall be
appointed
] 
the governor shall, with the advice and consent of the Senate, appoint a replacement
for the unexpired term from the same geographic area or industry representation as the member
whose office was vacated.
(7) Eight members of the board constitute a quorum for conducting board business and
exercising board powers.
(8) The governor shall select one of the board members as chair and one of the board
members as vice chair, each for a four-year term as recommended by the board for the
governor's consideration.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(10) The board shall meet monthly or as often as the board determines to be necessary
at various locations throughout the state.
(11) Members who may have a potential conflict of interest in consideration of fund
allocation decisions shall identify the potential conflict prior to voting on the issue.
(12) (a) The board shall determine attendance requirements for maintaining a
designated board seat.
(b) If a board member fails to attend according to the requirements established
pursuant to Subsection (12)(a), the board member shall be replaced upon written certification
from the board chair or vice chair to the governor.
(c) A replacement appointed by the governor under Subsection (12)(b) shall serve for
the remainder of the board member's unexpired term.
(13) (a) The board's office shall be in Salt Lake City.
(b) The tourism office shall provide staff support to the board.
Section 34. Section 
78A-11-103 (Superseded 07/01/24)
 is amended to read:
78A-11-103 (Superseded 07/01/24).
Judicial Conduct Commission -- Members --
Terms -- Vacancies -- Voting -- Power of chair.
(1) The membership of the commission consists of the following 11 members:
(a) two members of the House of Representatives to be appointed by the speaker of the
House of Representatives for a four-year term, not more than one of whom may be of the same
political party as the speaker;
(b) two members of the Senate to be appointed by the president of the Senate for a
four-year term, not more than one of whom may be of the same political party as the president;
(c) two members of, and in good standing with, the Utah State Bar, who shall be
appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
reside in the same judicial district;
(d) three persons not members of the Utah State Bar, who shall be appointed by the
governor, with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24,
Part 2, Vacancies, for four-year terms, not more than two of whom may be of the same political
party as the governor; and
(e) two judges to be appointed by a majority of the Utah Supreme Court for a four-year
term, neither of whom may:
(i) be a member of the Utah Supreme Court;
(ii) serve on the same level of court as the other; and
(iii) if trial judges, serve primarily in the same judicial district as the other.
(2) (a) The terms of the members shall be staggered so that approximately half of the
commission expires every two years.
(b) Members of the commission may not serve longer than eight years.
(3) The commission shall establish guidelines and procedures for the disqualification
of any member from consideration of any matter. A judge who is a member of the commission
or the Supreme Court may not participate in any proceedings involving the judge's own
removal or retirement.
(4) (a) When a vacancy occurs in the membership for any reason, [
the replacement
shall be appointed by the appointing authority for that position for the unexpired term
] 
the
applicable appointing authority shall, in accordance with any procedure described in this
section, appoint a replacement for the unexpired term
.
(b) If the appointing authority fails to appoint a replacement, the commissioners who
have been appointed may act as a commission under all the provisions of this section.
(5) Six members of the commission shall constitute a quorum. Any action of a
majority of the quorum constitutes the action of the commission.
(6) (a) At each commission meeting, the chair and executive director shall schedule all
complaints to be heard by the commission and present any information from which a
reasonable inference can be drawn that a judge has committed misconduct so that the
commission may determine by majority vote of a quorum whether the executive director shall
draft a written complaint in accordance with Subsection 
78A-11-102
(2)(b).
(b) The chair and executive director may not act to dismiss any complaint without a
majority vote of a quorum of the commission.
(c) A member of the commission described in Subsection (1)(d) shall comply with the
conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
(7) It is the responsibility of the chair and the executive director to ensure that the
commission complies with the procedures of the commission.
(8) The chair shall be nonvoting except in the case of a tie vote.
(9) The chair shall be allowed the actual expenses of secretarial services, the expenses
of services for either a court reporter or a transcriber of electronic tape recordings, and other
necessary administrative expenses incurred in the performance of the duties of the commission.
(10) Upon a majority vote of the quorum, the commission may:
(a) employ an executive director, legal counsel, investigators, and other staff to assist
the commission; and
(b) incur other reasonable and necessary expenses within the authorized budget of the
commission and consistent with the duties of the commission.
(11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
Section 35. Section 
78A-11-103 (Effective 07/01/24)
 is amended to read:
78A-11-103 (Effective 07/01/24).
Judicial Conduct Commission -- Members --
Terms -- Vacancies -- Voting -- Power of chair.
(1) (a) The membership of the commission consists of the following 11 members:
(i) two members of the House of Representatives to be appointed by the speaker of the
House of Representatives for a four-year term, not more than one of whom may be of the same
political party as the speaker;
(ii) two members of the Senate to be appointed by the president of the Senate for a
four-year term, not more than one of whom may be of the same political party as the president;
(iii) two members of, and in good standing with, the Utah State Bar, who shall be
appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
reside in the same judicial district;
(iv) three persons not members of the Utah State Bar, who shall be appointed by the
governor, with the advice and consent of the Senate, in accordance with Title 63G, Chapter 24,
Part 2, Vacancies, for four-year terms, not more than two of whom may be of the same political
party as the governor; and
(v) subject to Subsection (1)(b), two judges to be appointed by a majority of the Utah
Supreme Court for a four-year term.
(b) The two judges appointed under Subsection (1)(a)(v) may not:
(i) be a member of the Utah Supreme Court;
(ii) serve on the same level of court; and
(iii) serve primarily in the same judicial district if the judges are district or juvenile
court judges.
(2) (a) The terms of the members shall be staggered so that approximately half of the
commission expires every two years.
(b) Members of the commission may not serve longer than eight years.
(3) The commission shall establish guidelines and procedures for the disqualification
of any member from consideration of any matter. A judge who is a member of the commission
or the Supreme Court may not participate in any proceedings involving the judge's own
removal or retirement.
(4) (a) When a vacancy occurs in the membership for any reason, [
the replacement
shall be appointed by the appointing authority for that position for the unexpired term
] 
the
applicable appointing authority shall, in accordance with any procedure described in this
section, appoint a replacement for the unexpired term
.
(b) If the appointing authority fails to appoint a replacement, the commissioners who
have been appointed may act as a commission under all the provisions of this section.
(5) Six members of the commission shall constitute a quorum. Any action of a
majority of the quorum constitutes the action of the commission.
(6) (a) At each commission meeting, the chair and executive director shall schedule all
complaints to be heard by the commission and present any information from which a
reasonable inference can be drawn that a judge has committed misconduct so that the
commission may determine by majority vote of a quorum whether the executive director shall
draft a written complaint in accordance with Subsection 
78A-11-102
(2)(b).
(b) The chair and executive director may not act to dismiss any complaint without a
majority vote of a quorum of the commission.
(c) A member of the commission described in Subsection (1)(a)(iv) shall comply with
the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of
Interest.
(7) It is the responsibility of the chair and the executive director to ensure that the
commission complies with the procedures of the commission.
(8) The chair shall be nonvoting except in the case of a tie vote.
(9) The chair shall be allowed the actual expenses of secretarial services, the expenses
of services for either a court reporter or a transcriber of electronic tape recordings, and other
necessary administrative expenses incurred in the performance of the duties of the commission.
(10) Upon a majority vote of the quorum, the commission may:
(a) employ an executive director, legal counsel, investigators, and other staff to assist
the commission; and
(b) incur other reasonable and necessary expenses within the authorized budget of the
commission and consistent with the duties of the commission.
(11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
Section 36. Section 
78B-22-402
 is amended to read:
78B-22-402.
Commission members -- Member qualifications -- Terms -- Vacancy.
(1) (a) The commission is composed of 15 members.
(b) The governor, with the advice and consent of the Senate, and in accordance with
Title 63G, Chapter 24, Part 2, Vacancies, shall appoint the following 11 members:
(i) two practicing criminal defense attorneys recommended by the Utah Association of
Criminal Defense Lawyers;
(ii) one attorney practicing in juvenile delinquency defense recommended by the Utah
Association of Criminal Defense Lawyers;
(iii) one attorney who represents parents in child welfare cases, recommended by an
entity funded under the Child Welfare Parental Representation Program created in Section
78B-22-802
;
(iv) one attorney representing minority interests recommended by the Utah Minority
Bar Association;
(v) one member recommended by the Utah Association of Counties from a county of
the first or second class;
(vi) one member recommended by the Utah Association of Counties from a county of
the third through sixth class;
(vii) a director of a county public defender organization recommended by the Utah
Association of Criminal Defense Lawyers;
(viii) two members recommended by the Utah League of Cities and Towns from its
membership; and
(ix) one retired judge recommended by the Judicial Council.
(c) The speaker of the House of Representatives and the president of the Senate shall
appoint two members of the Utah Legislature, one from the House of Representatives and one
from the Senate.
(d) The Judicial Council shall appoint a member from the Administrative Office of the
Courts.
(e) The executive director of the State Commission on Criminal and Juvenile Justice or
the executive director's designee is a member of the commission.
(2) A member appointed by the governor shall serve a four-year term, except as
provided in Subsection (3).
(3) The governor shall stagger the initial terms of appointees so that approximately half
of the members appointed by the governor are appointed every two years.
(4) A member appointed to the commission shall have significant experience in
indigent criminal defense, representing parents in child welfare cases, or in juvenile defense in
delinquency proceedings or have otherwise demonstrated a strong commitment to providing
effective representation in indigent defense services.
(5) An individual who is currently employed solely as a criminal prosecuting attorney
may not serve as a member of the commission .
(6) A commission member shall hold office until the member's successor is appointed.
(7) The commission may remove a member for incompetence, dereliction of duty,
malfeasance, misfeasance, or nonfeasance in office, or for any other good cause.
(8) If a vacancy occurs in the membership for any reason, a replacement shall be
appointed for the remaining unexpired term in the same manner
, and in accordance with the
same procedure,
 as the original appointment.
(9) (a) The commission shall elect annually a chair from the commission's membership
to serve a one-year term.
(b) A commission member may not serve as chair of the commission for more than
three consecutive terms.
(10) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
(11) (a) A majority of the members of the commission constitutes a quorum.
(b) If a quorum is present, the action of a majority of the voting members present
constitutes the action of the commission.
(c) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 37. Section 
80-5-702
 is amended to read:
80-5-702.
Member qualifications -- Expenses.
(1) As used in this section, "member" means both a part-time member and a pro
tempore member of the authority.
(2) (a) Except as required by Subsection (2)(b), the governor, with the advice and
consent of the Senate, shall appoint 
or reappoint
 members to four-year terms.
(b) The governor shall, at the time of appointment or reappointment, adjust the length
of terms to ensure that the terms of members are staggered so that approximately half of the
authority is appointed every two years.
(3) A member shall have training or experience in social work, law, juvenile or
criminal justice, or related behavioral sciences.
(4) When a vacancy occurs in the membership for any reason, [
the replacement
member shall be appointed for the unexpired term
] 
the governor shall, with the advice and
consent of the Senate, appoint a replacement for the unexpired term
.
(5) During the tenure of the member's appointment, a member may not:
(a) be an employee of the department, other than in the member's capacity as a member
of the authority;
(b) hold any public office;
(c) hold any position in the state's juvenile justice system; or
(d) be an employee, officer, advisor, policy board member, or subcontractor of any
juvenile justice agency or the juvenile justice agency's contractor.
(6) In extraordinary circumstances or when a regular member is absent or otherwise
unavailable, the chair may assign a pro tempore member to act in the absent member's place.
(7) A member may not receive compensation or benefits for the member's service but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 38. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
(2) The actions affecting Section 
78A-11-103
 (Effective 07/01/24) take effect on July
1, 2024.