2006 Utah Code - 9-3-302 — Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.

     9-3-302.   Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.
     (1) There is created an independent state agency and a body politic and corporate known as the "Heber Valley Historic Railroad Authority."
     (2) The authority shall be composed of seven members as follows:
     (a) one member of the county legislative body of Wasatch County;
     (b) the mayor of Heber City;
     (c) the mayor of Midway;
     (d) the executive director of the Department of Transportation or his designee;
     (e) three public members appointed by the governor with the consent of the Senate, being private citizens of the state, as follows:
     (i) two people representing the tourism industry, one each from Wasatch and Utah counties; and
     (ii) one person representing the public at large.
     (3) All members shall be residents of the state.
     (4) (a) Except as required by Subsection (b), the three public members shall be appointed for four-year terms beginning July 1.
     (b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of authority members are staggered so that approximately half of the authority is appointed every two years.
     (5) Any of the three public members may be removed from office by the governor or for cause by an affirmative vote of any four members of the authority.
     (6) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with consent of the Senate for the unexpired term.
     (7) Each public member shall hold office for the term of his appointment and until his successor has been appointed and qualified.
     (8) Any public member is eligible for reappointment, but may not serve more than two full consecutive terms.
     (9) The governor shall appoint the chair of the authority from among its members.
     (10) The members shall elect from among their number a vice chair and other officers they may determine.
     (11) The powers of the authority shall be vested in its members.
     (12) Four members constitute a quorum for transaction of authority business. An affirmative vote of at least four members is necessary for any action to be taken by the authority.
     (13) (a) (i) Members who are not government employees shall receive no 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.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) 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 authority at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) State government officer and employee members may decline to receive per diem and

expenses for their service.
     (c) (i) 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.
     (ii) Local government members may decline to receive per diem and expenses for their service.

Amended by Chapter 243, 1996 General Session