26B-1-429. Utah State Developmental Center Board — Creation — Membership — Duties — Powers.
| (1) |
There is created the Utah State Developmental Center Board within the department. |
Terms Used In Utah Code 26B-1-429
- 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.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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 board is composed of nine members as follows:
| (a) |
the director of the Division of Services for People with Disabilities or the director’s designee; |
| (b) |
the superintendent of the developmental center or the superintendent’s designee; |
| (c) |
the executive director or the executive director’s designee; |
| (d) |
a resident of the Utah State Developmental Center selected by the superintendent; and |
| (e) |
five members appointed by the governor with the advice and consent of the Senate as follows:
| (i) |
three members of the general public; and |
| (ii) |
two members who are parents or guardians of individuals who receive services at the Utah State Developmental Center. |
|
|
| (3) |
In making appointments to the board, the governor shall ensure that:
| (a) |
no more than three members have immediate family residing at the Utah State Developmental Center; and |
| (b) |
members represent a variety of geographic areas and economic interests of the state. |
|
| (4) |
| (a) |
The governor shall appoint each member described in Subsection (2)(e) for a term of four years. |
| (b) |
An appointed member may not serve more than two full consecutive terms unless the governor determines that an additional term is in the best interest of the state. |
| (c) |
Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years. |
| (d) |
Appointed members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 120 days after the formal expiration of a term. |
| (e) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. |
|
| (5) |
| (a) |
The director shall serve as the chair. |
| (b) |
The board shall appoint a member to serve as vice chair. |
| (c) |
The board shall hold meetings quarterly or as needed. |
| (d) |
Five members are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board. |
| (e) |
The chair shall be a non-voting member except that the chair may vote to break a tie vote between the voting members. |
|
| (6) |
An appointed member may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses in accordance with:
|
| (7) |
| (a) |
The board shall adopt bylaws governing the board’s activities. |
| (b) |
Bylaws shall include procedures for removal of a member who is unable or unwilling to fulfill the requirements of the member’s appointment. |
|
| (8) |
The board shall:
| (a) |
act for the benefit of the Utah State Developmental Center and the Division of Services for People with Disabilities; |
| (b) |
advise and assist the Division of Services for People with Disabilities with the division’s functions, operations, and duties related to the Utah State Developmental Center, described in Sections 26B-6-402, 26B-6-403, 26B-6-502, 26B-6-504, and 26B-6-506; |
| (c) |
administer the Utah State Developmental Center Miscellaneous Donation Fund, as described in Section 26B-1-330; |
| (d) |
administer the Utah State Developmental Center Long-Term Sustainability Fund, as described in Section 26B-1-331; |
| (e) |
approve the sale, lease, or other disposition of real property or water rights associated with the Utah State Developmental Center, as described in Subsection 26B-6-507(2); and |
| (f) |
within 21 days after the day on which the board receives the notice required under Subsection 10-2-419(3) (b), provide a written opinion regarding the proposed boundary adjustment to:
| (i) |
the director of the Division of Facilities and Construction Management; and |
| (ii) |
the Legislative Management Committee. |
|
|
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 435, 2023 General Session
