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(1) There is created within the department the Private Activity Bond Review Board, composed of the following 11 members:
(a)
(i) the executive director of the department or the executive director's designee;
(ii) the executive director of the Governor's Office of Economic Opportunity or the executive director's designee;
(iii) the state treasurer or the state treasurer's designee;
(iv) the chair of the Utah Board of Higher Education or the chair's designee; and
(v) the chair of the Utah Housing Corporation or the chair's designee; and
(b) six local government members who are:
(i) three elected or appointed county officials, nominated by the Utah Association of Counties and appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies; and
(ii) three elected or appointed municipal officials, nominated by the Utah League of Cities and Towns and appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2)
(a) Except as required by Subsection (2)(b), the terms of office for the local government members of the board of review shall be four-year terms.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board of review members are staggered so that approximately half of the board of review is appointed every two years.
(c) Members may be reappointed only once.
(3)
(a) If a local government member ceases to be an elected or appointed official of the city or county the member is appointed to represent, that membership on the board of review terminates immediately and there shall be a vacancy in the membership.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed within 30 days in the manner of the regular appointment for the unexpired term.
(4)
(a) The chair of the board of review is the executive director of the department or the executive director's designee.
(b) The chair is nonvoting except in the case of a tie vote.
(5) Six members of the board of review constitute a quorum.
(6) Formal action by the board of review requires a majority vote of a quorum.
(7) 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 under Sections 63A-3-106 and 63A-3-107.
(8) The chair of the board of review serves as the state official designated under state law to make certifications required to be made under Section 146 of the code including the certification required by Section 149(e)(2)(F) of the code.
(9) A member appointed to fill a position described in Subsection (1)(b) shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.