2006 Utah Code - 9-4-503 — Private Activity Bond Review Board.

     9-4-503.   Private Activity Bond Review Board.
     (1) There is created within the department the Private Activity Bond Review Board, composed of 11 members as follows:
     (a) five ex officio members who shall be:
     (i) the executive director of the department or the executive director's designee;
     (ii) the director of the Division of Business and Economic Development or the director's designee;
     (iii) the state treasurer or the treasurer's designee;
     (iv) the chair of the Board of Regents 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 shall be:
     (i) three elected or appointed county officials, nominated by the Utah Association of Counties and appointed by the governor with the consent of the Senate; and
     (ii) three elected or appointed municipal officials, nominated by the Utah League of Cities and Towns and appointed by the governor with the consent of the Senate.
     (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 members are staggered so that approximately half of the board 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 membership for any reason, the replacement shall be appointed within 30 days in the manner of the regular appointment for the unexpired term, and until his successor is appointed and qualified.
     (4) (a) The chair of the board of review shall be 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) Members who are not government employees may not receive compensation or benefits for their services, but 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.
     (b) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (c) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (d) Higher education members who do not receive salary, per diem, or expenses from the

entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (e) Members identified in Subsections (7)(a) through (d) may decline to receive per diem and expenses for their service.
     (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.

Amended by Chapter 170, 2005 General Session