Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 60
                          ADVICE AND CONSENT AMENDMENTS
                                       2020 GENERAL SESSION
                                            STATE OF UTAH
                                  Chief Sponsor: Karen Mayne
                               House Sponsor: Timothy D. Hawkes
 6
 LONG TITLE
 General Description:
        This bill amends provisions relating to the Senate's advice and consent for gubernatorial
 nominees.
 Highlighted Provisions:
        This bill:
        < modifies deadlines, and the information provided by the governor, with respect to
 non-judicial gubernatorial nominees;
        < requires a Senate confirmation hearing, and provides an exception to a deadline
 waiver provision, for certain nominees;
        < requires notice of anticipated vacancies in offices that require Senate consent;
        < provides a process for government entities and other organizations to provide input
 on gubernatorial appointments;
        < requires a judicial nominating commission to provide the list of nominees to the
 Senate at the time it provides the list to the governor;
        < amends provisions requiring Senate consent to also require Senate advice; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides coordination clauses.
 Utah Code Sections Affected:
 AMENDS:
     S.B. 60                                                              Enrolled Copy
     4-2-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
     4-18-104, as last amended by Laws of Utah 2018, Chapter 115
     7-1-202, as last amended by Laws of Utah 2002, Chapter 176
     7-1-203, as last amended by Laws of Utah 2013, Chapter 73
     9-1-201.1, as enacted by Laws of Utah 2012, Chapter 212
     9-6-204, as last amended by Laws of Utah 2012, Chapter 212
     9-6-803, as enacted by Laws of Utah 2015, Chapter 350
     9-8-204, as last amended by Laws of Utah 2019, Chapter 221
     9-22-104, as renumbered and amended by Laws of Utah 2019, Chapter 487
     11-38-201, as last amended by Laws of Utah 2013, Chapter 310
     13-1-3, as last amended by Laws of Utah 2002, Chapter 176
     17B-2a-1005, as last amended by Laws of Utah 2014, Chapter 377
     19-1-104, as last amended by Laws of Utah 2002, Chapter 176
     19-2-103, as last amended by Laws of Utah 2015, Chapter 154
     19-4-103, as last amended by Laws of Utah 2012, Chapter 360
     19-5-103, as last amended by Laws of Utah 2015, Chapter 234
     19-6-103, as last amended by Laws of Utah 2015, Chapter 451
     20A-1-504, as last amended by Laws of Utah 2018, Chapter 19
     23-14-2, as last amended by Laws of Utah 2011, Chapter 297
     26-1-8, as last amended by Laws of Utah 2002, Chapter 176
     26-9f-103, as last amended by Laws of Utah 2018, Chapter 125
     26-21-3, as last amended by Laws of Utah 2011, Chapter 366
     26-33a-103, as last amended by Laws of Utah 2014, Chapter 118
     26-39-200, as last amended by Laws of Utah 2019, Chapter 111
     31A-2-102, as last amended by Laws of Utah 2002, Chapter 176
     31A-2-403, as last amended by Laws of Utah 2019, Chapter 193
     32B-2-201, as last amended by Laws of Utah 2012, Chapter 365
     32B-2-205, as last amended by Laws of Utah 2012, Chapter 365
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     Enrolled Copy                                                                S.B. 60
    34-20-3, as last amended by Laws of Utah 2016, Chapter 348
    34A-1-201, as last amended by Laws of Utah 2011, Chapter 336
    34A-1-205, as last amended by Laws of Utah 2013, Chapter 428
    35A-1-201, as last amended by Laws of Utah 2018, Chapter 423
    35A-8-304, as last amended by Laws of Utah 2019, Chapter 89
    35A-8-2103, as renumbered and amended by Laws of Utah 2018, Chapter 182
    40-6-4, as last amended by Laws of Utah 2013, Chapter 243
    49-11-202, as last amended by Laws of Utah 2019, Chapter 31
    51-7-16, as last amended by Laws of Utah 2010, Chapter 286
    51-10-206, as last amended by Laws of Utah 2019, Chapter 163
    53-1-107, as last amended by Laws of Utah 2002, Chapter 176
    53-2a-1103, as last amended by Laws of Utah 2019, Chapter 161
    53B-1-104, as last amended by Laws of Utah 2018, Chapter 382
    53B-1-105, as last amended by Laws of Utah 2012, Chapter 78
    53B-2-104, as last amended by Laws of Utah 2019, Chapter 357
    53B-2a-103, as last amended by Laws of Utah 2018, Chapter 382
    53B-2a-108, as repealed and reenacted by Laws of Utah 2018, Chapter 382
    53C-1-202, as last amended by Laws of Utah 2011, Chapter 247
    53E-3-921, as renumbered and amended by Laws of Utah 2018, Chapter 1
    53G-5-201, as last amended by Laws of Utah 2019, Chapter 293
    54-1-1.5, as last amended by Laws of Utah 2002, Chapter 176
    54-10a-201, as renumbered and amended by Laws of Utah 2009, Chapter 237
    59-1-201, as last amended by Laws of Utah 2014, Chapter 370
    59-1-206, as last amended by Laws of Utah 2003, Chapter 131
    61-1-18.5, as last amended by Laws of Utah 2011, Chapter 319
    61-2f-103, as last amended by Laws of Utah 2016, Chapters 25 and 381
    61-2g-204, as renumbered and amended by Laws of Utah 2011, Chapter 289
    62A-1-107, as last amended by Laws of Utah 2019, Chapter 246
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       S.B. 60                                                                  Enrolled Copy
       62A-1-108, as last amended by Laws of Utah 2002, Chapter 176
       62A-7-501, as last amended by Laws of Utah 2019, Chapter 246
       63A-1-105, as last amended by Laws of Utah 2002, Chapter 176
       63F-1-105, as enacted by Laws of Utah 2005, Chapter 169
       63G-2-501, as last amended by Laws of Utah 2019, Chapter 254
       63H-4-102, as last amended by Laws of Utah 2011, Chapter 308 and renumbered and
 amended by Laws of Utah 2011, Chapter 370
       63H-6-104, as last amended by Laws of Utah 2018, Chapter 447
       63H-8-201, as renumbered and amended by Laws of Utah 2015, Chapter 226
       63J-4-602, as renumbered and amended by Laws of Utah 2008, Chapter 382
       63J-4-702, as last amended by Laws of Utah 2019, Chapter 246
       63L-9-103, as renumbered and amended by Laws of Utah 2017, Chapter 451
       63M-2-301, as last amended by Laws of Utah 2019, Chapters 246 and 352
       63M-7-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
       63M-7-504, as last amended by Laws of Utah 2011, Chapter 131
       63N-1-202, as last amended by Laws of Utah 2015, Chapter 344 and renumbered and
 amended by Laws of Utah 2015, Chapter 283
       63N-1-401, as renumbered and amended by Laws of Utah 2015, Chapter 283
       63N-1-501, as renumbered and amended by Laws of Utah 2015, Chapter 283
       63N-7-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
       64-13-3, as last amended by Laws of Utah 2002, Chapter 176
       67-1-1.5, as last amended by Laws of Utah 2010, Chapter 355
       67-1-2, as last amended by Laws of Utah 2008, Chapter 382
       67-1-2.5, as last amended by Laws of Utah 2019, Chapter 246
       67-1-3, as last amended by Laws of Utah 2002, Chapter 176
       67-1-5, Utah Code Annotated 1953
       67-1a-2, as last amended by Laws of Utah 2019, Chapter 165
       67-19a-201, as last amended by Laws of Utah 2010, Chapters 249, 286, 324 and last
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        Enrolled Copy                                                                          S.B. 60
 amended by Coordination Clause, Laws of Utah 2010, Chapter 249
        68-4-5, as repealed and reenacted by Laws of Utah 2011, Chapter 356
        68-4-6, as repealed and reenacted by Laws of Utah 2011, Chapter 356
        72-1-202, as last amended by Laws of Utah 2019, Chapters 69 and 479
        72-1-301, as last amended by Laws of Utah 2019, Chapter 479
        73-2-1, as last amended by Laws of Utah 2017, Chapter 60
        73-10-2, as last amended by Laws of Utah 2010, Chapter 286
        73-30-201, as last amended by Laws of Utah 2011, Chapter 308
        77-5-6, as last amended by Laws of Utah 1986, Chapter 47
        77-27-2, as last amended by Laws of Utah 2011, Chapter 366
        78A-11-103, as last amended by Laws of Utah 2012, Chapter 133
        78B-22-402, as last amended by Laws of Utah 2019, Chapter 435 and renumbered and
 amended by Laws of Utah 2019, Chapter 326
        79-2-202, as last amended by Laws of Utah 2018, Chapter 200
        79-3-302, as last amended by Laws of Utah 2010, Chapter 286
        79-4-302, as last amended by Laws of Utah 2010, Chapter 286
 Utah Code Sections Affected by Coordination Clause:
        53B-1-404, Utah Code Annotated 1953
        63G-24-102, Utah Code Annotated 1953
        67-1-2, as last amended by Laws of Utah 2008, Chapter 382
134
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 4-2-104 is amended to read:
        4-2-104. Administration by commissioner.
        (1) Administration of the department is under the direction, control, and management
 of a commissioner appointed by the governor with the advice and consent of the Senate.
        (2) The commissioner shall serve at the pleasure of the governor.
        (3) The governor shall establish the commissioner's compensation within the salary
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        S.B. 60                                                                          Enrolled Copy
 range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
         Section 2. 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) 11 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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       Enrolled Copy                                                                            S.B. 60
        (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.
        (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) Attendance of six voting members of the commission at a meeting constitutes a
 quorum.
        (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) The commission shall keep a record of the commission's actions.
        (12) The attorney general shall provide legal services to the commission upon request.
        Section 3. Section 7-1-202 is amended to read:
        7-1-202. Commissioner of financial institutions as executive officer --
 Appointment -- Term -- Salary -- Qualifications.
        The chief executive officer of the Department of Financial Institutions shall be the
 commissioner of financial institutions who shall be appointed by the governor with the advice
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        S.B. 60                                                                           Enrolled Copy
 and consent of the Senate. [He] The commissioner shall hold office for a term of four years
 following [his] appointment and confirmation and until [his] a successor is appointed and
 qualified, but [he] shall be subject to removal at the pleasure of the governor. The governor
 shall establish the commissioner's salary within the salary range fixed by the Legislature in
 Title 67, Chapter 22, State Officer Compensation. The commissioner of financial institutions
 shall be a citizen of the United States and shall have sufficient experience with depository
 institutions or as an employee of a state or federal agency having supervision over financial
 institutions to demonstrate [his] the commissioner's qualifications and fitness to perform the
 duties of [his] the commissioner's office.
           Section 4. 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 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.
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        Enrolled Copy                                                                            S.B. 60
        (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
 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