Utah Code 73-32-302. Advisory council created — Staffing — Per diem and travel expenses — Annual conflict of interest disclosure statement — Exception — Penalties
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(1) There is created an advisory council known as the “Great Salt Lake Advisory Council” consisting of 11 members listed in Subsection (2).
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 73-32-302
- Account: means the Great Salt Lake Account created in Section 73-32-304. See Utah Code 73-32-101
- 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.
- Council: means the Great Salt Lake Advisory Council created in Section 73-32-302. See Utah Code 73-32-101
- Department: means the Department of Natural Resources. See Utah Code 73-32-101
- Office: means the Office of the Great Salt Lake Commissioner created in Section 73-32-301. See Utah Code 73-32-101
- Quorum: The number of legislators that must be present to do business.
(2)
(2)(a) The governor shall appoint the following members, with the advice and consent of the Senate:
(2)(a)(i) one representative of industry representing the extractive industry;
(2)(a)(ii) one representative of industry representing aquaculture;
(2)(a)(iii) one representative of conservation interests;
(2)(a)(iv) one representative of a migratory bird protection area as defined in Section 23A-13-101 ;
(2)(a)(v) one representative who is an elected official from municipal government, or the elected official’s designee;
(2)(a)(vi) five representatives who are elected officials from county government, or the elected official’s designee, one each representing:
(2)(a)(vi)(A) Box Elder County;
(2)(a)(vi)(B) Davis County;
(2)(a)(vi)(C) Salt Lake County;
(2)(a)(vi)(D) Tooele County; and
(2)(a)(vi)(E) Weber County; and
(2)(a)(vii) one representative of a publicly owned treatment works.
(3)
(3)(a) Except as required by Subsection (3)(b), each member shall serve a four-year term.
(3)(b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(3)(c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate.
(3)(d) A member shall hold office until the member’s successor is appointed and qualified.
(4) The council shall determine:
(4)(a) the time and place of meetings; and
(4)(b) any other procedural matter not specified in this chapter.
(5)
(5)(a) Attendance of six members at a meeting of the council constitutes a quorum.
(5)(b) A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.
(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(6)(a) Section 63A-3-106 ;
(6)(b) Section 63A-3-107 ; and
(6)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .
(7) The office, the department, and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council.
(8) Except as provided in Subsection (14), a council member shall, no sooner than January 1 and no later than January 31 of each year during which the council member holds office on the council:
(8)(a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604 (6); and
(8)(b) submit the written disclosure statement to the administrator or clerk of the council.
(9)
(9)(a) No later than 10 business days after the date on which the council member submits the written disclosure statement described in Subsection (8) to the administrator or clerk of the council, the administrator or clerk shall:
(9)(a)(i) post an electronic copy of the written disclosure statement on the council’s website; and
(9)(a)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (9)(a)(i).
(9)(b) The administrator or clerk of the council shall ensure that the council member’s written disclosure statement remains posted on the council’s website until the council member leaves office.
(10) The administrator or clerk of the council shall take the action described in Subsection (11) if:
(10)(a) a council member fails to timely file the written disclosure statement described in Subsection (8); or
(10)(b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604 (6).
(11) If a circumstance described in Subsection (10) occurs, the administrator or clerk of the council shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the council member of the violation and direct the council member to submit an amended written disclosure statement correcting the problem.
(12)
(12)(a) It is unlawful for a council member to fail to submit or amend a written disclosure statement within seven days after the day on which the council member receives the notice described in Subsection (11).
(12)(b) A council member who violates Subsection (12)(a) is guilty of a class B misdemeanor.
(12)(c) The administrator or clerk of the council shall report a violation of Subsection (12)(a) to the attorney general.
(12)(d) In addition to the criminal penalty described in Subsection (12)(b), the administrator or clerk of the council shall impose a civil fine of $100 against a council member who violates Subsection (12)(a).
(13) The administrator or clerk of the council shall deposit a fine collected under this section into the council’s account to pay for the costs of administering this section.
(14) For an individual appointed to the council under Subsection (2)(a)(v) or (vi):
(14)(a) Subsection (8) does not apply; and
(14)(b) the administrator or clerk of the council shall, instead:
(14)(b)(i) post an electronic link on the council’s website to the written disclosure statement the council member made in the council member’s capacity as an elected officer of:
(14)(b)(i)(A) a county, under Section 17-16a-13 ; or
(14)(b)(i)(B) a municipality, under Section 10-3-1313 ; and
(14)(b)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (14)(b)(i).