26B-1-429. Utah State Developmental Center Board -- Creation -- Membership -- Duties -- Powers.
(1) There is created the Utah State Developmental Center Board within the department.
(2) The board is composed of nine members as follows: the director of the Division of Services for People with Disabilities or the director's designee; the superintendent of the developmental center or the superintendent's designee; the executive director or the executive director's designee; a resident of the Utah State Developmental Center selected by the superintendent; and five members appointed or reappointed by the governor with the advice and consent of the Senate as follows: three members of the general public; and two members who are parents or guardians of individuals who receive services at the Utah State Developmental Center.
(3) In making appointments to the board, the governor shall ensure that: no more than three members have immediate family residing at the Utah State Developmental Center; and members represent a variety of geographic areas and economic interests of the state.
(4) The governor shall appoint each member described in Subsection (2)(e) for a term of four years. An appointed member may not serve more than two full consecutive terms unless the governor determines that an additional term is in the best interest of the state. Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years. Appointed members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 120 days after the formal expiration of a term. When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term.
(5) The director shall serve as the chair. The board shall appoint a member to serve as vice chair. The board shall hold meetings quarterly or as needed. Five members are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board. The chair shall be a non-voting member except that the chair may vote to break a tie vote between the voting members.
(6) An appointed member may not receive compensation or benefits for the member's service, but, at the executive director's discretion, may receive per diem and travel expenses in accordance with: Section; 63A-3-106 Section; and 63A-3-107 rules made by the Division of Finance pursuant to Sectionsand. 63A-3-106 63A-3-107
(7) The board shall adopt bylaws governing the board's activities. Bylaws shall include procedures for removal of a member who is unable or unwilling to fulfill the requirements of the member's appointment.
(8) The board shall: act for the benefit of the Utah State Developmental Center and the Division of Services for People with Disabilities; advise and assist the Division of Services for People with Disabilities with the division's functions, operations, and duties related to the Utah State Developmental Center, described in Sections,,,, and; 26B-6-402 26B-6-403 26B-6-502 26B-6-504 26B-6-506 administer the Utah State Developmental Center Miscellaneous Donation Fund, as described in Section; 26B-1-330 administer the Utah State Developmental Center Long-Term Sustainability Fund, as described in Section; 26B-1-331 approve the sale, lease, or other disposition of real property or water rights associated with the Utah State Developmental Center, as described in Subsection; and 26B-6-507(2) within 21 days after the day on which the board receives the notice required under Subsection, provide a written opinion regarding the proposed boundary adjustment to: 10-2-903(3)(b) the director of the Division of Facilities and Construction Management; and the Legislative Management Committee.