State Codes and Statutes

Statutes > Utah > Title-04 > Chapter-38 > 4-38-3

4-38-3. Utah Horse Racing Commission.
(1) (a) There is created within the Department the Utah Horse Racing Commission.
(b) (i) The commission shall consist of five members who shall be U.S. citizens, Utahresidents, and qualified voters of Utah.
(ii) Each member shall have an interest in horse racing.
(c) (i) The members of the commission shall be appointed by the governor with theconsent of the Senate.
(ii) The governor shall appoint commission members from a list of nominees submittedby the commissioner of agriculture and food.
(d) (i) The members of the commission shall be appointed to four-year terms, except thatthe original members shall be appointed within 30 days after the effective date of this chapter,two of whom shall be appointed for terms expiring December 31, 1992, two for terms expiringDecember 31, 1994, and one for a term expiring December 31, 1996.
(ii) A commission member may not serve more than two consecutive terms.
(e) The governor shall make the appointments so that a resident of each of Utah's threecongressional districts is a member of the commission at all times.
(f) Each member shall hold office until his or her successor is appointed and qualified.
(g) Vacancies on the commission shall be filled by appointment by the governor with theconsent of the Senate for the unexpired term.
(h) Any member may be removed from office by the governor for cause after a publichearing. Notice of the hearing shall fix the time and place of the hearing and shall specify thecharges. Copies of the notice of the hearing shall be served on the member by mailing it to themember at his last known address at least 10 days before the date fixed for the hearing. Thegovernor may designate a hearing officer to preside over the hearing and report his findings to thegovernor.
(2) (a) The members of the commission shall annually elect a chairperson.
(b) Three members of the commission shall constitute a quorum for the transaction ofany business of the commission.
(3) A member may not receive compensation or benefits for the member's service, butmay 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 and63A-3-107.
(4) All claims and expenditures made under this chapter shall be first audited and passedupon by the commission and when approved shall be paid in the manner provided by law forpayment of claims against the state.
(5) Any member of the commission who has a personal or private interest in any matterproposed or pending before the commission shall publicly disclose this fact to the commissionand may not vote on the matter.
(6) Any member of the commission who owns or who has any interest or whose spouseor member of his immediate family has any interest in a horse participating in a race shalldisclose that interest and may not participate in any commission decision involving that race.

Amended by Chapter 286, 2010 General Session