§ 67-8-4. State Elected Official and Judicial Compensation Commission created -- Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum -- Compensation -- Secretary.

(1) There is created a state Elected Official and Judicial Compensation Commission comprised of six members, not more than three of whom may be from the same political party, appointed as follows:

(a) one member appointed by the governor;

(b) one member appointed by the president of the Senate;

(c) one member appointed by the speaker of the House of Representatives;

(d) two members appointed by the other three appointed members; and

(e) one member appointed by the State Bar Commission.

(2)

(a) Except as required by Subsection (2)(b), all persons appointed to the commission shall serve four-year terms or until their successors are duly appointed and qualified.

(b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.

(3)

(a) The commission shall select a chair and a vice chair from opposite political parties at its first meeting.

(b) Four members of the commission shall constitute a quorum.

(c) The commission shall take no action nor make any determination without the concurrence of a majority of its members being present.

(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(5) No member or employee of the legislative, judicial, or executive branch of government is eligible for appointment to the commission. The legislative fiscal analyst shall serve as an ex officio, nonvoting secretary of the commission.

(6) 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 286, 2010 General Session