Bill Summary – FastDemocracy

Enrolled Copy                                                                            S.B. 227
                          BOARDS AND COMMISSIONS REVISIONS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                      Chief Sponsor: Wayne A. Harper House Sponsor: Calvin R. Musselman
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  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 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
      7-1-203 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapter 352
      9-6-301 (Effective 05/01/24), as repealed and reenacted by Laws of Utah 2020, Chapter 419
      9-8-204 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 160
      11-68-301 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
      Chapter 502
      17B-2a-807.1 (Effective 05/01/24), as last amended by Laws of Utah 2021, Chapter 239
      17B-2a-807.2 (Effective 05/01/24), as last amended by Laws of Utah 2022, Chapter 259
      17B-2a-1005 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapter 352
      19-2-103 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
     S.B. 227                                                                         Enrolled Copy
       19-4-103 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       19-5-103 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       23A-2-301 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 211 and
       renumbered and amended by Laws of Utah 2023, Chapter 103
       23A-2-303 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 211 and
       renumbered and amended by Laws of Utah 2023, Chapter 103
       26B-1-409 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-412 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-413 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-426 (Effective 05/01/24), as renumbered and amended by Laws of Utah 2023,
       Chapter 305
       26B-1-429 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 435 and
       renumbered and amended by Laws of Utah 2023, Chapter 305
       32B-2-205 (Effective 05/01/24), as last amended by Laws of Utah 2022, Chapter 447
       35A-8-304 (Effective 05/01/24), as last amended by Laws of Utah 2022, Chapter 427
       35A-8-2103 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352,
       365 and 373
       40-6-4 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       51-7-16 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       51-10-206 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapter 352
       53B-2-104 (Effective 05/01/24), as last amended by Laws of Utah 2021, Chapter 187
       59-1-201 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       61-1-18.5 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapter 352
       61-2g-204 (Effective 05/01/24), as last amended by Laws of Utah 2021, Chapter 259
       63A-15-201 (Effective 05/01/24), as last amended by Laws of Utah 2023, Chapter 16
       63G-2-501 (Effective 05/01/24), as last amended by Laws of Utah 2021, Chapter 344
       63M-7-504 (Effective 05/01/24), as last amended by Laws of Utah 2020, Chapters 352, 373
       63M-7-902 (Effective 05/01/24), as enacted by Laws of Utah 2023, Chapter 150
       63N-7-201 (Effective 05/01/24), as repealed and reenacted by Laws of Utah 2022, Chapter
       362
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     Enrolled Copy                                                                                    S.B. 227
          78A-11-103 (Effective 05/01/24) (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 (Effective 05/01/24), as last amended by Laws of Utah 2021, Chapter 228
      80-5-702 (Effective 05/01/24), as enacted by Laws of Utah 2021, Chapter 261
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  Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 4-18-104 is amended to read:
        4-18-104 (Effective 05/01/24). 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.
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      S.B. 227                                                                               Enrolled Copy
   (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 (Effective 05/01/24). 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
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      Enrolled Copy                                                                                   S.B. 227
      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.
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      S.B. 227                                                                                  Enrolled Copy
   (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 (Effective 05/01/24). 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;
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      Enrolled Copy                                                                                 S.B. 227
          (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
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      S.B. 227                                                                               Enrolled Copy
       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 (Effective 05/01/24). 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 gove