59-1-201. Composition of commission — Terms — Removal from office — Appointment.
(1) |
The commission shall be composed of four members appointed by the governor with the advice and consent of the Senate, and in accordance with 2. |
Terms Used In Utah Code 59-1-201
- 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.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- 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) |
Subject to Subsection (3), the term of office of each commissioner shall be for four years and expire on June 30 of the year the term ends. |
(3) |
The governor shall stagger a term described in Subsection (2) so that the term of one commissioner expires each year. |
(4) |
A commissioner shall hold office until a successor is appointed and qualified. |
(5) |
(a) |
The governor may remove a commissioner from office for neglect of duty, inefficiency, or malfeasance, after notice and a hearing. |
(b) |
If the governor removes a commissioner from office and appoints another person to replace the commissioner, the person the governor appoints to replace the commissioner:
(i) |
shall serve for the remainder of the unexpired term; and |
(ii) |
may be reappointed as the governor determines. |
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(6) |
(a) |
Before appointing a commissioner, the governor shall request a list of names of potential appointees from:
(ii) |
one or more organizations that represent certified public accountants who are licensed to practice in the state; |
(iii) |
one or more organizations that represent persons who assess or appraise property in the state; and |
(iv) |
one or more national organizations that:
(A) |
offer a professional certification in the areas of property tax, sales and use tax, and state income tax; |
(B) |
require experience, education, and testing to obtain the certification; and |
(C) |
require additional education to maintain the certification. |
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(b) |
In appointing a commissioner, the governor shall consider:
(i) |
to the extent names of potential appointees are submitted, the names of potential appointees submitted in accordance with Subsection (6)(a); and |
(ii) |
any other potential appointee of the governor’s own choosing. |
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Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session