35A-8-2103. Private Activity Bond Review Board.
| (1) |
There is created within the department the Private Activity Bond Review Board, composed of the following 11 members:
Terms Used In Utah Code 35A-8-2103- 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.
- Board of review: means the Private Activity Bond Review Board created in Section 35A-8-2103. See Utah Code 35A-8-2102
- Bond: means any obligation for which an allocation of volume cap is required by the code. See Utah Code 35A-8-2102
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Code: means the Internal Revenue Code of 1986, as amended, and any related Internal Revenue Service regulations. See Utah Code 35A-8-2102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Director: means the director of the division. See Utah Code 35A-8-101
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
- Quorum: The number of legislators that must be present to do business.
- State: means the state of Utah and any of its agencies, institutions, and divisions authorized to issue bonds or certificates under state law. See Utah Code 35A-8-2102
| (a) |
| (i) |
the executive director of the department or the executive director‘s designee; |
| (ii) |
the executive director of the Governor’s Office of Economic Opportunity or the executive director’s designee; |
| (iii) |
the state treasurer or the state treasurer’s designee; |
| (iv) |
the chair of the Utah Board of Higher Education or the chair’s designee; and |
| (v) |
the chair of the Utah Housing Corporation or the chair’s designee; and |
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| (b) |
six local government members who are:
| (i) |
three elected or appointed county officials, nominated by the Utah Association of Counties and appointed by the governor with the advice and consent of the Senate and in accordance with 2; and |
| (ii) |
three elected or appointed municipal officials, nominated by the Utah League of Cities and Towns and appointed by the governor with the advice and consent of the Senate and in accordance with 2. |
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| (2) |
| (a) |
Except as required by Subsection (2)(b), the terms of office for the local government members of the board of review shall be four-year terms. |
| (b) |
Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board of review members are staggered so that approximately half of the board of review is appointed every two years. |
| (c) |
Members may be reappointed only once. |
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| (3) |
| (a) |
If a local government member ceases to be an elected or appointed official of the city or county the member is appointed to represent, that membership on the board of review terminates immediately and there shall be a vacancy in the membership. |
| (b) |
When a vacancy occurs in the membership for any reason, the replacement shall be appointed within 30 days in the manner of the regular appointment for the unexpired term. |
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| (4) |
| (a) |
The chair of the board of review is the executive director of the department or the executive director’s designee. |
| (b) |
The chair is nonvoting except in the case of a tie vote. |
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| (5) |
Six members of the board of review constitute a quorum. |
| (6) |
Formal action by the board of review requires a majority vote of a quorum. |
| (7) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
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| (8) |
The chair of the board of review serves as the state official designated under state law to make certifications required to be made under Section 146 of the code including the certification required by Section 149(e)(2)(F) of the code. |
| (9) |
A member appointed to fill a position described in Subsection (1)(b) shall comply with the conflict of interest provisions described in 3. |
Amended by Chapter 352, 2020 General Session
Amended by Chapter 365, 2020 General Session
Amended by Chapter 373, 2020 General Session
