79-3-302.  Members of board — Qualifications and appointment — Vacancies — Organization — Meetings — Financial gain prohibited — Expenses.

(1)  The board consists of seven members appointed by the governor, with the advice and consent of the Senate, in accordance with 2.

Terms Used In Utah Code 79-3-302

  • 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.
  • Board: means the Board of the Utah Geological Survey. See Utah Code 79-3-102
  • Director: means the director of the survey. See Utah Code 79-3-102
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • Survey: means the Utah Geological Survey. See Utah Code 79-3-102
(2)  In addition to the requirements of Section 79-2-203, the members shall have the following qualifications:

(a)  one member knowledgeable in the field of geology as applied to the practice of civil engineering;

(b)  four members knowledgeable and representative of various segments of the mineral industry throughout the state, such as hydrocarbons, solid fuels, metals, and industrial minerals;

(c)  one member knowledgeable of the economic or scientific interests of the mineral industry in the state; and

(d)  one member who is interested in the goals of the survey and from the public at large.

(3)  The director of the School and Institutional Trust Lands Administration is an ex officio member of the board but without any voting privileges.

(4) 

(a)  Except as required by Subsection (4)(b), members are appointed for terms of four years.

(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 board members are staggered so that approximately half of the board is appointed every two years.

(c)  No more than four members may be of the same political party.

(d)  When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with the advice and consent of the Senate.

(5)  The board shall select from its members a chair and such officers and committees as it considers necessary.

(6) 

(a)  The board shall hold meetings at least quarterly on such dates as may be set by its chair.

(b)  Special meetings may be held upon notice of the chair or by a majority of its members.

(c)  A majority of the members of the board present at a meeting constitutes a quorum for the transaction of business.

(7) 

(a)  Members of the board may not obtain financial gain by reason of information obtained during the course of their official duties.

(b)  A member shall comply with the conflict of interest provisions described in 3.

(8)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

(a)  Section 63A-3-106;

(b)  Section 63A-3-107; and

(c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 352, 2020 General Session
Amended by Chapter 373, 2020 General Session