63A-3-106. Per diem rates for board members.

472 words·~2 min read·/ut/title-63a/chapter-3/63a-3-106

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

(1)As used in this section and Section 63A-3-107 :

(a)"Board" means a board, commission, council, committee, task force, or similar body established to perform a governmental function.

(b)"Board member" means a person appointed or designated by statute to serve on a board.

(c)"Executive branch" means an agency within the executive branch of state government.

(i)"Governmental entity" has the same meaning, except as provided in Subsection (1)(d)(ii) , as provided under Section 63G-2-103 .

(ii)"Governmental entity" does not include an association as defined in Section 53G-7-1101 .

(e)"Higher education" means an institution of higher education, as defined under Section 53H-1-102 .

(f)"Officer" means a person who is elected or appointed to an office or position within a governmental entity.

(g)"Official meeting" means a meeting of a board that is called in accordance with statute.

(2)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , and subject to approval by the executive director, the director of the Division of Finance shall make rules establishing per diem rates to defray subsistence costs for a board member's attendance at an official meeting.

(3)Unless otherwise provided by statute, a per diem rate established under Subsection

(2)is applicable to a board member who serves:

(a)within the executive branch, except as provided under Subsection (3)(b) ;

(b)within an institution of higher education, unless an institution of higher education pays the costs of the per diem;

(c)on a board that is:

(i)not included under Subsection (3)(a) or

(b); and

(ii)created by a statute that adopts the per diem rates by reference to:

(A)this section; and

(B)the rule authorized by this section; and

(d)within a government entity that is not included under Subsection (3)(a) , if the government entity adopts the per diem rates by reference to:

(i)this section; or

(ii)the rule establishing the per diem rates.

(a)Unless otherwise provided by statute, a board member who is not a legislator may receive per diem under this section and travel expenses under Section 63A-3-107 if the per diem and travel expenses are incurred by the board member for attendance at an official meeting.

(b)Notwithstanding Subsection (4)(a) , a board member may not receive per diem or travel expenses under this Subsection

(4)if the board member is being paid by a governmental entity while performing the board member's service on the board.

(5)A board member may decline to receive per diem for the board member's service.

(6)Compensation and expenses of a board member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses .

Amended by Chapter 9 , 2025 Special Session 1