9-3-502 - Creation -- Members -- Chair -- Powers -- Quorum -- Per diem and expenses.
9-3-502. Creation -- Members -- Chair -- Powers -- Quorum -- Per diem andexpenses.
(1) There is created an independent state agency and a body politic and corporate knownas the "Heber Valley Historic Railroad Authority."
(2) The authority shall be composed of eight 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 the executive director'sdesignee;
(e) the executive director of Parks and Recreation, or the executive director's designee;
(f) three public members appointed by the governor with the consent of the Senate, beingprivate citizens of the state, as follows:
(i) two people representing the tourism industry, one each from Wasatch and Utahcounties; 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 (4)(b), the three public members shall beappointed for four-year terms beginning July 1, 2010.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the timeof appointment or reappointment, adjust the length of terms to ensure that the terms of authoritymembers 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 forcause 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 beappointed for the unexpired term by the governor with consent of the Senate for the unexpiredterm.
(7) Each public member shall hold office for the term of appointment and until asuccessor has been appointed and qualified.
(8) Any public member is eligible for reappointment, but may not serve more than twofull 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 officersthey 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. Anaffirmative 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 compensationor benefits for their services, but may receive per diem and expenses incurred in the performanceof the member's official duties at the rates established by the Division of Finance under Sections63A-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, perdiem, or expenses from their agency for their service may receive per diem and expenses incurredin 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 diemand expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses fromthe entity that they represent for their service may receive per diem and expenses incurred in theperformance of their official duties at the rates established by the Division of Finance underSections 63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for theirservice.
Enacted by Chapter 364, 2010 General Session