Utah Code 63H-4-102. Creation — Members — Chair — Powers — Quorum — Per diem and expenses — Annual conflict of interest disclosure statement — Exception — Penalties
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(1) There is created an independent state agency and a body politic and corporate known as the “Heber Valley Historic Railroad Authority.”
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 63H-4-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The authority is composed of eight members as follows:(2)(a) one member of the county legislative body of Wasatch County;(2)(b) the mayor of Heber City;(2)(c) the mayor of Midway;(2)(d) the executive director of the Department of Transportation or the executive director’s designee;(2)(e) the director of the Division of State Parks, or the director’s designee; and(2)(f) three public members appointed by the governor with the advice and consent of the Senate, being private citizens of the state, as follows:(2)(f)(i) two people representing the tourism industry, one each from Wasatch and Utah counties; and(2)(f)(ii) one person representing the public at large.(3) All members shall be residents of the state.(4)(4)(a) Except as required by Subsection (4)(b), the three public members are appointed for four-year terms beginning July 1, 2010.(4)(b) Notwithstanding the requirements of Subsection (4)(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 is appointed for the unexpired term by the governor with advice and consent of the Senate for the unexpired term.(7) Each public member shall hold office for the term of appointment and until a successor has been appointed and qualified.(8) A 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 are vested in its members.(12)(12)(a) Four members constitute a quorum for transaction of authority business.(12)(b) An affirmative vote of at least four members is necessary for any action taken by the authority.(13) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:(13)(a) Section63A-3-106 ;(13)(b) Section63A-3-107 ; and(13)(c) rules made by the Division of Finance pursuant to Sections63A-3-106 and63A-3-107 .(14) Except as provided in Subsection (20), a member shall, no sooner than January 1 and no later than January 31 of each year during which the member holds office on the authority:(14)(a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection20A-11-1604 (6); and(14)(b) submit the written disclosure statement to the administrator or clerk of the authority.(15)(15)(a) No later than 10 business days after the date on which the member submits the written disclosure statement described in Subsection (14) to the administrator or clerk of the authority, the administrator or clerk shall:(15)(a)(i) post an electronic copy of the written disclosure statement on the authority’s website; and(15)(a)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (15)(a)(i).(15)(b) The administrator or clerk shall ensure that the member’s written disclosure statement remains posted on the authority’s website until the member leaves office.(16) The administrator or clerk of the authority shall take the action described in Subsection (17) if:(16)(a) a member fails to timely file the written disclosure statement described in Subsection (14); or(16)(b) a submitted written disclosure statement does not comply with the requirements of Subsection20A-11-1604 (6).(17) If a circumstance described in Subsection (16) occurs, the administrator or clerk of the authority shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the member of the violation and direct the member to submit an amended written disclosure statement correcting the problem.(18)(18)(a) It is unlawful for a member to fail to submit or amend a written disclosure statement within seven days after the day on which the member receives the notice described in Subsection (17).(18)(b) A member who violates Subsection (18)(a) is guilty of a class B misdemeanor.(18)(c) The administrator or clerk of the authority shall report a violation of Subsection (18)(a) to the attorney general.(18)(d) In addition to the criminal penalty described in Subsection (18)(b), the administrator or clerk of the authority shall impose a civil fine of $100 against a member who violates Subsection (18)(a).(19) The administrator or clerk of the authority shall deposit a fine collected under this section into the authority’s account to pay for the costs of administering this section.(20) For an individual who is appointed to the authority under Subsection (2)(a), (b), or (c):(20)(a) Subsection (14) does not apply; and(20)(b) the administrator or clerk of the authority shall, instead:(20)(b)(i) post an electronic link on the authority’s website to the written disclosure statement the member made in the member’s capacity as an elected officer of:(20)(b)(i)(A) a county, under Section17-16a-13 ; or(20)(b)(i)(B) a municipality, under Section10-3-1313 ; and(20)(b)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (20)(b)(i).