Utah Code 13-14-103. Utah Motor Vehicle Franchise Advisory Board — Creation — Appointment of members — Alternate members — Chair — Quorum

13-14-103. Utah Motor Vehicle Franchise Advisory Board — Creation — Appointment of members — Alternate members — Chair — Quorum — Conflict of interest.

(1)

There is created within the department the Utah Motor Vehicle Franchise Advisory Board that consists of:

Terms Used In Utah Code 13-14-103

board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
Department: means the Department of Commerce. See Utah Code 13-14-102
Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
Motor vehicle: means :

(i)	except as provided in Subsection (16)(b), a trailer;

(ii)	a travel trailer;

(iii)

except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;

(iv)	a semitrailer as defined in Section 41-1a-102; and

(v)

a recreational vehicle. See Utah Code 13-14-102

New motor vehicle: means a motor vehicle that:

(a)	has never been titled or registered; and

(b)	for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102 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
(a)	the executive director or the executive director’s designee; and

(b)

11 members appointed by the executive director, with the concurrence of the governor as follows:

(i)	one recreational motor vehicle franchisee;

(ii)	three new motor vehicle franchisees from different congressional districts in the state;

(iii)

three members representing motor vehicle franchisors registered by the department pursuant to Section 13-14-105;

(iv)	three members of the general public, none of whom shall be related to any franchisee; and

(v)	one representative of the Utah League of Cities and Towns.

(2)

(a)

The executive director shall appoint, with the concurrence of the governor, five alternate members, with one alternate from each of the designations described in Subsections (1)(b)(i) through (v), except that the new motor vehicle franchisee alternate for the designation under Subsection (1)(b)(ii) may be from any congressional district.

(b)	An alternate shall take the place of a regular advisory board member from the same designation at a meeting of the advisory board where that regular advisory board member is absent or otherwise disqualified from participating in the advisory board meeting.

(3)

(a)

(i)	Members of the advisory board appointed under Subsections (1)(b) and (2) are appointed for a term of four years.

(ii)	No specific term applies to the executive director or the executive director’s designee.

(b)	The executive director may adjust the term of members who were appointed to the advisory board prior to July 1, 2001, by extending the unexpired term of a member for up to two additional years in order to insure that approximately half of the members are appointed every two years.

(c)	In the event of a vacancy on the advisory board of a member appointed under Subsection (1)(b) or (2), the executive director with the concurrence of the governor, shall appoint an individual to complete the unexpired term of the member whose office is vacant.

(d)	A member may not be appointed to more than two consecutive terms.

(4)

(a)	The executive director or the executive director’s designee is the chair of the advisory board.

(b)	The department shall keep a record of all hearings, proceedings, transactions, communications, and recommendations of the advisory board.

(5)

(a)	Four or more members of the advisory board constitute a quorum for the transaction of business.

(b)	The action of a majority of a quorum present is considered the action of the advisory board.

(6)

(a)

A member of the advisory board may not participate as a board member in a proceeding or hearing:

(i)	involving the member’s licensed business or employer; or

(ii)	when a member, a member’s business or family, or employer has a pecuniary interest in the outcome or other conflict of interest concerning an issue before the advisory board.

(b)	If a member of the advisory board is disqualified under Subsection (6)(a), the executive director shall select the appropriate alternate member to act on the issue before the advisory board as provided in Subsection (2).

(7)	Except for the executive director or the executive director’s designee, an individual may not be appointed or serve on the advisory board while holding any other elective or appointive state or federal office.

(8)

A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

(a)	Section 63A-3-106;

(b)	Section 63A-3-107; and

(c)	rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(9)	The department shall provide necessary staff support to the advisory board.

Amended by Chapter 268, 2015 General Session

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Utah Code 13-14-103. Utah Motor Vehicle Franchise Advisory Board — Creation — Appointment of members — Alternate members — Chair — Quorum — Conflict of interest

Terms Used In Utah Code 13-14-103