63H-1-302.  Number of board members — Appointment.

(1)  The authority‘s board shall consist of seven members.

Terms Used In Utah Code 63H-1-302

  • Authority: means the Military Installation Development Authority, created under Section 63H-1-201. See Utah Code 63H-1-102
  • Board: means the governing body of the authority created under Section 63H-1-301. See Utah Code 63H-1-102
  • Development: includes the demolition, construction, reconstruction, modification, expansion, maintenance, operation, or improvement of a building, facility, utility, landscape, parking lot, park, trail, or recreational amenity. See Utah Code 63H-1-102
  • Land: includes :Utah Code 68-3-12.5
  • Military: includes , in relation to property, property that is occupied by the military and is owned by the government of the United States or the state. See Utah Code 63H-1-102
  • Person: means :Utah Code 68-3-12.5
  • Project area: means the land, including military land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 63H-1-102
  • 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
  • Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 63H-1-102
(2)  The governor shall appoint five members of the board as follows:

(a)  one member shall be appointed who is interested in supporting military efforts in the state;

(b)  subject to Subsection (4)(d), three members shall be appointed, each of whom is a mayor or member of the legislative body of a municipality or county that is adjacent or in close proximity to a project area or proposed project area; and

(c)  one member shall be appointed from the executive branch or a state agency that is involved with military issues.

(3)  The president of the Senate and the speaker of the House of Representatives shall each appoint one board member.

(4) 

(a)  Each vacancy shall be filled in the same manner under this section as the appointment of the member whose vacancy is being filled.

(b)  Each person appointed to fill a vacancy shall serve the remaining unexpired term of the member whose vacancy the person is filling.

(c)  If a mayor or member of a legislative body appointed under Subsection (2)(b) leaves office as mayor or a member of the legislative body, a vacancy on the board occurs and the governor shall appoint another mayor or member of a legislative body, as provided in Subsection (2)(b), to fill the vacancy.

(d)  If there are more than three project areas where development is actively occurring located in different counties or municipalities, the governor:

(i)  shall appoint at least one member under Subsection (2)(b) who represents a municipality or county that is adjacent to or in close proximity to the highest-value project area, as measured by the planned taxable value of the land within the project area to be developed by the private sector;

(ii)  shall appoint at least one member under Subsection (2)(b) who represents a municipality or county that is adjacent to or in close proximity to the second-highest-value project area, as measured by the planned taxable value of the land within the project area to be developed by the private sector; and

(iii)  may appoint one member under Subsection (2)(b) who represents a municipality or county that is adjacent to or in close proximity to a project area where development is actively occurring for which there is no representation on the board.

(e)  A member of the board appointed by the governor, president of the Senate, or speaker of the House of Representatives serves at the pleasure of and may be removed and replaced at any time, with or without cause, by the governor, president of the Senate, or speaker of the House of Representatives, respectively.

(5)  The authority may:

(a)  appoint nonvoting members of the board, including a member from a municipality or county that is adjacent to or in close proximity to a project area for which there is no representation on the board under Subsection (2)(b); and

(b)  set terms for nonvoting members appointed under Subsection (5)(a).

Amended by Chapter 498, 2019 General Session