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State Advisory Council Bylaws and Statute

Bylaws

PREAMBLE

As specified in Section 9-2-503 of the Utah Code, “there is created in the Office of the State Planning Coordinator, the State Advisory Council on Science and Technology, which shall perform the functions and duties provided in this act.” Sections 9-2-505 and 506 of the Utah Code specify these functions and duties of the Council, directing them to utilize as many resources as possible ensuring that the State of Utah will benefit from scientific and technological analysis and evaluation of significant issues in decision making, establishing policies, and encouraging economic development.

BYLAWS

I. Legal Status

1.1 Statutory Authority. The State Advisory Council on Science and Technology (herein referred to as the “Council”) derives its legal authority and responsibilities from Title 9, Chapter 2, Part 5 of the Utah Code.

1.2 Purpose of the Bylaws.These bylaws provide basic structure to facilitate the discharge of the duties of the Council and, to that end, shall be construed liberally and in a manner consistent with the provisions of the Act.

1.3 Objectives and Operational Concept. The objectives of the Council are to encourage the utilization of science and technology in decision making in the State of Utah, and to respond to requests from the Legislature and the Governor for evaluation of the scientific and technical components of current issues.

The operational concept for the Council shall be similar to the National Research Council on Science and Technology. In this model the Council will convene special study Task Forces with participation from members of the technical community to address and prepare reports on key issues of scientific and technological concern.

II. Membership and Officers

2.1 Voting Members. The membership of the Council shall include the Chief Scientific Officers of Research at the University of Utah, Utah State University, and Brigham Young University, a member of science public education and eight other voting members who are appointed by the Governor for a term of three years from a slate recommended by the Council for staggered terms pursuant to Section 9-2-504 of the Utah Code. Such voting members shall be experienced and knowledgeable in the application of science and technology to business, industry, or public problems, and shall have demonstrated their interest in and ability to contribute to the accomplishment of the purposes of the Act.

2.2 Non-voting Members. The membership of the Council shall additionally include nine non-voting members consisting of the following state officials or their designates as approved by vote of the Council:

(a) The State Science Advisor;

(b) The Director of the Department of Natural Resources;

(c) The Director of the Department of Community and Economic Development;

(d) The Director of the Department of Health;

(e) The Commissioner of Agriculture;

(f) The Commissioner of Higher Education;

(g) The State Planning Coordinator;

(h) The Director of the Department of Transportation; and

(i) The State Superintendent of Public Education.

2.3 Filling of Unexpired Terms. Any vacancy in the voting membership of the Council may be filled by the Governor by appointment for the unexpired term from a slate recommended by the Council.

2.4 Chair and Vice Chair. The Council shall annually, by majority vote, select from its voting membership a Vice Chairman, who shall serve for one year as Vice Chairman and the succeeding year as Chairman.

2.5 Executive Secretary.The State Science Advisor, appointed by the Governor upon a recommendation of the Council, shall serve as the Executive Secretary of the Council, and shall provide staff support for the Council as funding is available and shall perform such duties and functions as the Council may from time to time assign. With the approval of the Chairman, and subject to availability of funding, the Executive Secretary shall arrange to obtain the services of such other professional, technical, and clerical personnel as may be necessary to carry out the functions of the Council under the Act. The Executive Secretary may accept assistance in the form of donated services and funds to carry out the functions of the office as related to preparation and publication of special reports of the Council.

2.6 Alternates. When a member of the council is unable, for any reason, to attend a meeting of the Council or a committee meeting of the Council, a properly qualified person may be designated by the absent member to attend the meeting as his or her representative. Alternates who are so designated shall be permitted to participate in the discussion of business before the Council, and may be counted for the purpose of determining the presence of a quorum, but shall not be permitted to make or second motions or to vote.

2.7 Absences. Any voting member, after three consecutive absences, for which no designated alternate attends, will be deemed to have resigned unless the Chair determines there are extenuating circumstances.

III. Meetings

3.1 Meetings dates. Meetings of the Council shall be on a quarterly basis or as needed. The Chairman will schedule meetings of the Council at such times and places as will facilitate its work.

3.2 Public Meeting Law. All meetings of the Council shall be open and accessible to the public, except as otherwise permitted by Title 52, Chapter 4. Prior notice of meetings shall be given in the manner and to the extent provided in open and public meetings.

3.3 Agendas. The major purpose of Council meetings shall be for review of Task Force progress and findings on issues. Experts in technical areas of an issue being investigated by a Task Force may be invited to present their findings to the Council. A written agenda for each meeting shall be prepared under the direction of the Chairman, with sufficient supporting documentation to assist the Council in disposing of the business of the meeting in an efficient manner. The agenda will be provided to Council members at a reasonable time, prior to meetings; provided, however, that the failure of any Council member to receive an agenda on a timely basis prior to a meeting shall not preclude the discussion of or action on any matter before the council at that meeting.

3.4 Quorum. The attendance of at least 50 percent of all voting members of the Council or their alternates as designed in 2.6 above shall be necessary to constitute a quorum so that council business may be transacted.

3.5 Voting. Actions by the Council shall be effective only if approved by the affirmative vote of a majority of the voting members in attendance at a meeting for which a quorum exists, except as provided in Bylaw 3.6 below.

3.6 Conflicts of Interest. No member of the Council shall make a motion, second a motion, or cast a vote on any question relating to any matter of business before the Council which the member knows would provide more than de minimus financial benefit to the member. Council members must publicly disclose for the record the nature and extent of potential personal benefit in matters of business where a conflict of interest exists.

3.7 Meeting Procedures. Meetings shall be conducted in an informal but orderly manner under the direction of the Chairman. However, (a) any ruling of the Chairman on points of order, personal privilege, or matters of procedure may be vacated or modified by majority vote of the voting members of the Council, and (b) at any time or with respect to any question before it, the Council may vote to proceed in a formal manner in conformity with Robert’s Rules of Order.

3.8 Minutes. The Executive Secretary shall cause official minutes of all meetings of the Council to be prepared and distributed to all Council members prior to the date of the subsequent meeting. Such minutes shall be reviewed and approved by the Council.

3.9 Reimbursement for Expenses. Upon request, it is permissible to reimburse individuals for reasonable expenses from the Council budget as approved by the Executive Committee and within constraints of available budgetary funds.

IV. Committees

4.1 Executive Committee. The Executive Committee shall consist of the Chairman, Vice Chairman, one member at large elected by the Council, and Executive Secretary, ex-officio. The Executive Committee shall act on behalf of the Council between meetings, subject to ratification by the Council, except for such matters as the Council may specifically exclude.

4.2 Nominating Committee. A nominating committee shall be elected by the Council from recommendations made by the Executive Committee. No member of the nominating committee may be nominated. The Chairman will be designated by the Chairman of the Council.

4.3 Additional Committees and Task Forces. The Chairman may establish committees and Task Forces of the Council from time to time.? With the advice of the Science Advisor and the Executive Committee, and upon the approval of the Council, the Chairman will define the scope of their assignments, as may be necessary to facilitate the work of the Council. Membership on (sub)committees and Task Forces is not restricted to Council members and may be solicited from the science and technology community at large as necessary to provide the depth of expertise and breadth of experience necessary to examine the issue assigned to the Task Force.

V. Budget

5.1 The Executive Committee Chairman will develop an annual budget in cooperation with the Director of the Office of Planning and Budget.

5.2 The Council may acquire by contract such services as may be appropriate.

VI. Indemnification

6.1 Members of the Council are indemnified under public law.

VII. Amendment

7.1 Amendments. These bylaws may be amended by the affirmative vote of a two-thirds majority of the voting membership of the Council, provided that the proposed amendment is set forth in full in the written agenda for the meeting at which it is to be considered.

VIII. Resolutions & Reports

8.1 The Council will, from time to time by majority vote, pass resolutions and issue reports which shall state the Council’s recommendations, give conclusions, and will contain relevant information. These resolutions shall be in the form of formal written “State Advisory Council on Science and Technology Resolution;” and these reports shall be in the form of formal written “State Advisory Council on Science and Technology Report.” These shall be presented first to the Governor and the Legislature. Then they shall be distributed to the community of particular interest, and to the public in general.

 

Statute

9-2-501. Purpose.

The purpose of this part is to establish an advisory council on science and technology to assist in the development of programs, communication, and use of science and technology in governmental organizations in the state of Utah.

9-2-502. Definition of terms.

As used in this part:
(1) “Adviser” means the state science adviser appointed under this part.
(2) “Council” means the State Advisory Council on Science and Technology created under this part

9-2-503. Creation.

There is created in the Office of Planning and Budget the State Advisory Council on Science and Technology, which shall perform the functions and duties provided in this part.

9-2-504. Members-Appointment-Terms-Qualifications-Vacancies-Chairman and vice-chairman-Executive secretary-Executive committee-Quorum-Expenses.

(1)The council comprises the following nonvoting members or their designees:
(a) the adviser;
(b) the executive director of the Department of Natural Resources;
(c) the executive director of the Department of Community and Economic Development;
(d) the executive director of the Department of Health;
(e) the executive director of the Department of Environmental Quality;
(f) the commissioner of agriculture;
(g) the commissioner of higher education;
(h) the state planning coordinator; and
(i) the executive director of the Department of Transportation.
(2) The governor may appoint other voting members, not to exceed 12.
(3) All Appointments shall be for terms of three years.
(4) The governor shall consider all institutions of higher education in the state in the appointment of council members.
(5) The voting members of the council shall be experienced or knowledgeable in the application of science and technology to business, industry, or public problems and have demonstrated their interest in and ability to contribute to the accomplishment of the purposes of this part.
(6) Vacancies shall be filled for the unexpired term.
(7) (a) Each year the council shall select from its membership a chairman and a vice-chairman.
(b) The chair and vice-chair shall hold office for one year or until a successor is appointed and qualified.
(8) The adviser shall serve as executive secretary of the council.
(9) An executive committee shall be established consisting of the chairman, vice-chairman, and the adviser.
(10) In order to conduct business matters of the council at regularly convened meetings, a quorum consisting of a simple majority of the total voting membership of the council is required. All matters of business affecting public policy require not less than a simple majority of affirmative votes of the total membership.
(11) The members of the council, except for the adviser, shall serve without compensation but may be reimbursed for their travel expenses at the rates established by the director of the Division of Finance under Sections 63A-3-106 and 63A-3-107.

9-2-505. Duties and Powers.

(1) The council shall:
(a) encourage the use of science and technology in the administration of state and local government;
(b) develop programs whereby state agencies and the several public and private institutions of higher education and technical colleges within the state may assist business and industry in the utilization of science and technology;
(c) further communication between agencies of federal, state, and local government who wish to utilize science and technology;
(d) develop programs of cooperation on matters of science and technology between:
(i) state and local government agencies;
(ii) the several public and private institutions of higher education and technical colleges within the state; and
(iii) business and industry within the state; or
(iv) between any combination of these;
(e) provide a means whereby government, business, industry, and higher education may be represented in the formulation and implementation of state policies and programs on matters of science and technology;
(f) review, catalog, and compile the research and development uses by the state universities of the revenue derived from mineral lease funds on state and federal lands;
(g) provide to the Legislature an annual report on the expenditure and utilization of these mineral lease funds;
(h) make recommendations to the Legislature on the further uses of these mineral lease funds in order to stimulate research and development directed toward the more effective utilization of the state’s natural resources; and
(i) prepare and lodge and annual report with the governor and with the Legislature.
(2) The Council may:
(a) in accordance with Title 63, Chapter 40, Federal Assistance Management Program, apply for, receive, and disburse funds, contributions, or grants from whatever source the purposes set forth in this part;
(b) employ, compensate, and prescribe the duties and powers of those individuals, subject to the provisions of this part relating to the adviser, necessary to execute the duties and powers of the council; and
(c) enter into contracts for the purposes of this part.

9-2-506. Adviser – Duties and powers.

(1) The adviser shall be appointed by the governor.
(2) The adviser shall be experienced or knowledgeable in the application of science and technology to business, industry, or public problems and shall have demonstrated his interest in or ability to contribute to the accomplishment of the purposes of this part.
(3) The adviser shall be compensated pursuant to the wage and salary classification plan for appointed officers of the state of Utah currently in effect.
(4) The adviser shall have those duties and powers the council assigns. The adviser, subject to the supervision of the council, may enter into contracts and agreements and may incur expenses necessary to fulfill the purposes of this part.
(5) The council adviser shall be administratively responsible to the state planning coordinator.

9-2-507. Request for information.

All departments, divisions, boards, commissions, agencies, institutions, and all other instrumentalities of the state shall, upon request of the council, provide the council with any information that these instrumentalities have concerning research in science and technology.