72-1-301. Transportation Commission created — Members, appointment, terms — Qualifications — Pay and expenses — Chair — Quorum.
| (1) |
Terms Used In Utah Code 72-1-301- 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.
- Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Quorum: The number of legislators that must be present to do business.
- 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
| (a) |
There is created the Transportation Commission which shall consist of seven members. |
| (b) |
The members of the commission shall be residents of Utah. |
| (c) |
The members of the commission shall be selected on a nonpartisan basis. |
| (d) |
The commissioners shall, in accordance with 2, be appointed by the governor, with the advice and consent of the Senate, for a term of six years, beginning on April 1 of odd-numbered years. |
| (e) |
The commissioners serve on a part-time basis. |
| (f) |
Each commissioner shall remain in office until a successor is appointed and qualified. |
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| (2) |
| (a) |
Subject to the restriction in Subsection (2)(c), the selection of commissioners shall be as follows:
| (i) |
four commissioners with one commissioner selected from each of the four regions established by the department; and |
| (ii) |
subject to the restriction in Subsection (2)(b), three commissioners selected from the state at large. |
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| (b) |
| (i) |
At least one of the three commissioners appointed under Subsection (2)(a)(ii) shall be selected from a rural county. |
| (ii) |
For purposes of this Subsection (2)(b), a rural county is a county of the third, fourth, fifth, or sixth class. |
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| (c) |
No more than two commissioners appointed under Subsection (2)(a) may be selected from any one of the four regions established by the department. |
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| (3) |
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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| (4) |
| (a) |
One member of the commission shall be designated by the governor as chair. |
| (b) |
The commission may select one member as vice chair to act in the chair’s absence. |
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| (5) |
Any four commissioners constitute a quorum. |
| (6) |
Each member of the commission shall qualify by taking the constitutional oath of office. |
| (7) |
Each member of the commission is subject to the conflict of interest provisions described in 3. |
| (8) |
For the purposes of Section 63J-1-504, the commission is not considered an agency. |
Amended by Chapter 219, 2023 General Session
