63H-8-201. Creation — Trustees — Terms — Vacancies — Chair — Powers — Quorum — Per diem and expenses.
| (1) |
Terms Used In Utah Code 63H-8-201- 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.
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Corporation: means the Utah Housing Corporation created by Section 63H-8-201, which, prior to July 1, 2001, was named the Utah Housing Finance Agency. See Utah Code 63H-8-103
- Quorum: The number of legislators that must be present to do business.
- State: means the state of Utah. See Utah Code 63H-8-103
- Trustee: A person or institution holding and administering property in trust.
| (a) |
There is created an independent body politic and corporate, constituting a public corporation, known as the “Utah Housing Corporation.” |
| (b) |
The corporation may also be known and do business as the:
| (i) |
Utah Housing Finance Association; and |
| (ii) |
Utah Housing Finance Agency in connection with a contract entered into when that was the corporation’s legal name. |
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| (c) |
No other entity may use the names described in Subsections (1)(a) and (b) without the express approval of the corporation. |
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| (2) |
The corporation is governed by a board of trustees composed of the following nine trustees:
| (a) |
the executive director of the Department of Workforce Services or the executive director’s designee; |
| (b) |
the commissioner of the Department of Financial Institutions or the commissioner’s designee; |
| (c) |
the state treasurer or the treasurer’s designee; and |
| (d) |
six public trustees, who are private citizens of the state, as follows:
| (i) |
two people who represent the mortgage lending industry; |
| (ii) |
two people who represent the home building and real estate industry; and |
| (iii) |
two people who represent the public at large. |
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| (3) |
The governor shall:
| (a) |
appoint the six public trustees of the corporation with the advice and consent of the Senate in accordance with 2; and |
| (b) |
ensure that:
| (i) |
the six public trustees are from different counties and are residents of the state; and |
| (ii) |
not more than three of the public trustees are members of the same political party. |
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| (4) |
| (a) |
Except as required by Subsection (4)(b), the governor shall appoint the six public trustees to terms of office of four years each. |
| (b) |
Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of corporation trustees are staggered so that approximately half of the board is appointed every two years. |
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| (5) |
| (a) |
A public trustee of the corporation may be removed from office for cause either by the governor or by an affirmative vote of six trustees of the corporation. |
| (b) |
When a vacancy occurs in the board of trustees for any reason, the replacement shall be appointed for the unexpired term. |
| (c) |
A public trustee shall hold office for the term of appointment and until the trustee’s successor has been appointed and qualified. |
| (d) |
A public trustee is eligible for reappointment but may not serve more than two full consecutive terms. |
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| (6) |
| (a) |
The governor shall select the chair of the corporation. |
| (b) |
The trustees shall elect from among their number a vice chair and other officers they may determine. |
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| (7) |
| (a) |
Five trustees of the corporation constitute a quorum for transaction of business. |
| (b) |
An affirmative vote of at least five trustees is necessary for any action to be taken by the corporation. |
| (c) |
A vacancy in the board of trustees does not impair the right of a quorum to exercise all rights and perform all duties of the corporation. |
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| (8) |
A trustee may not receive compensation or benefits for the trustee’s service, but may receive per diem and travel expenses in accordance with:
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| (9) |
A trustee described in Subsection (2)(d) shall comply with the conflict of interest provisions described in Section 63G-24-301. |
Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session
