63A-3-106.  Per diem rates for board members.

(1)  As used in this section and Section 63A-3-107:

Terms Used In Utah Code 63A-3-106

  • Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
  • Executive director: means the executive director of the Department of Administrative Services. See Utah Code 63A-1-103
  • Person: means :Utah Code 48-2e-1156
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
(a)  “Board” means a board, commission, council, committee, task force, or similar body established to perform a governmental function.

(b)  “Board member” means a person appointed or designated by statute to serve on a board.

(c)  “Executive branch” means an agency within the executive branch of state government.

(d) 

(i)  “Governmental entity” has the same meaning, except as provided in Subsection (1)(d)(ii), as provided under Section 63G-2-103.

(ii)  “Governmental entity” does not include an association as defined in Section 53G-7-1101.

(e)  “Higher education” means a state institution of higher education, as defined under Section 53B-1-102.

(f)  “Officer” means a person who is elected or appointed to an office or position within a governmental entity.

(g)  “Official meeting” means a meeting of a board that is called in accordance with statute.

(2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and subject to approval by the executive director, the director of the Division of Finance shall make rules establishing per diem rates to defray subsistence costs for a board member’s attendance at an official meeting.

(3)  Unless otherwise provided by statute, a per diem rate established under Subsection (2) is applicable to a board member who serves:

(a)  within the executive branch, except as provided under Subsection (3)(b);

(b)  within higher education, unless higher education pays the costs of the per diem;

(c)  on a board that is:

(i)  not included under Subsection (3)(a) or (b); and

(ii)  created by a statute that adopts the per diem rates by reference to:

(A)  this section; and

(B)  the rule authorized by this section; and

(d)  within a government entity that is not included under Subsection (3)(a), if the government entity adopts the per diem rates by reference to:

(i)  this section; or

(ii)  the rule establishing the per diem rates.

(4) 

(a)  Unless otherwise provided by statute, a board member who is not a legislator may receive per diem under this section and travel expenses under Section 63A-3-107 if the per diem and travel expenses are incurred by the board member for attendance at an official meeting.

(b)  Notwithstanding Subsection (4)(a), a board member may not receive per diem or travel expenses under this Subsection (4) if the board member is being paid by a governmental entity while performing the board member’s service on the board.

(5)  A board member may decline to receive per diem for the board member’s service.

(6)  Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.

Amended by Chapter 415, 2018 General Session