4-18-104. Conservation Commission created — Composition — Appointment — Terms — Compensation — Attorney general to provide legal assistance.
| (1) |
There is created within the department the Conservation Commission to perform the functions specified in this chapter. |
Terms Used In Utah Code 4-18-104
- 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.
- Alternate: means a substitute for a district supervisor if the district supervisor cannot attend a meeting. See Utah Code 4-18-103
- Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- 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 Conservation Commission shall be composed of:
| (a) |
12 voting members, including:
| (i) |
the director of the Extension Service at Utah State University or the director’s designee; |
| (ii) |
the executive director of the Department of Natural Resources or the executive director’s designee; |
| (iii) |
the executive director of the Department of Environmental Quality or the executive director’s designee; |
| (iv) |
the president of the County Weed Supervisors Association or the president’s designee; and |
| (v) |
seven district supervisors who provide district representation on the commission on a multicounty basis; and |
|
| (b) |
the commissioner or the commissioner’s designee. |
|
| (3) |
If a district supervisor is unable to attend a meeting, the district supervisor may designate an alternate to serve in the place of the district supervisor for that meeting. |
| (4) |
None of the members described in Subsection (2)(a)(v) or (3) may serve on an association that represents a conservation district. |
| (5) |
| (a) |
The commissioner or the commissioner’s designee shall serve as chair of the Conservation Commission. |
| (b) |
The commissioner or the commissioner’s designee may not vote except in the event of a tie, in which case the commissioner or the commissioner’s designee shall cast the deciding vote. |
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| (6) |
The members of the commission specified in Subsection (2)(a)(v) shall:
| (a) |
be recommended by the commission to the governor; and |
| (b) |
be appointed by the governor with the advice and consent of the Senate in accordance with 2. |
|
| (7) |
| (a) |
Except as required by Subsection (7)(b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a four-year term. |
| (b) |
Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years. |
| (c) |
A commission member may not be appointed to more than two consecutive terms. |
|
| (8) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. |
| (9) |
Attendance of six voting members of the commission at a meeting constitutes a quorum. |
| (10) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
|
| (11) |
The commission shall keep a record of the commission’s actions. |
| (12) |
The attorney general shall provide legal services to the commission upon request. |
| (13) |
A member shall comply with the conflict of interest provisions described in 3. |
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
