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S.B. 127 Enrolled

    

CONSTITUTIONAL REVISION COMMISSION AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Mike Dmitrich

    AN ACT RELATING TO THE CONSTITUTIONAL REVISION COMMISSION; PROVIDING
    FOR THE MAXIMUM OF 12 YEARS AS A MEMBER; AND MAKING TECHNICAL
    AMENDMENTS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         63-54-1, as last amended by Chapter 159, Laws of Utah 1977
         63-54-2, as enacted by Chapter 89, Laws of Utah 1969
         63-54-3, as last amended by Chapter 107, Laws of Utah 1975
         63-54-4, as enacted by Chapter 89, Laws of Utah 1969
         63-54-5, as enacted by Chapter 89, Laws of Utah 1969
         63-54-6, as last amended by Chapter 243, Laws of Utah 1996
         63-54-7, as last amended by Chapter 159, Laws of Utah 1977
         63-54-8, as enacted by Chapter 89, Laws of Utah 1969
         63-54-9, as enacted by Chapter 89, Laws of Utah 1969
         63-55-263, as last amended by Chapters 25, 136, 159, 186, and 242, Laws of Utah 1996
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 63-54-1 is amended to read:
         63-54-1. Creation -- Members -- Appointment -- Qualifications.
        There is [hereby] created a state commission to be known as the Utah Constitutional
    Revision [Study] Commission[. This commission shall be], composed of 16 members[, three of
    whom].
        (1) (a) Three members shall be appointed by the speaker of the House of Representatives
    from the House of Representatives, not more than two of whom shall be from the same political
    party[; three of whom].
        (b) Three members shall be appointed by the president of the Senate from the Senate, not

    more than two of whom shall be from the same political party[; three of whom].
        (c) Three members shall be appointed by the governor, not more than two of whom shall be
    from the same political party.
        (2) The director of the Office of Legislative Research and General Counsel shall be an ex
    officio member of the commission.
        (3) (a) The nine members appointed[, as provided for above,] and the ex officio member
    shall then select six additional members.
        (b) In selecting these six additional members, consideration shall be given to achieving
    representation from the major geographical areas of the state and to achieving as closely as possible
    equal bipartisan representation. [The legislative research director shall be an ex officio member of
    the commission.]
        Section 2. Section 63-54-2 is amended to read:
         63-54-2. Organization -- Vacancies.
        (1) The commission shall select a [chairman] chair and a [vice-chairman] vice chair from
    its own membership. [Said selection shall be made at the first meeting of the commission. The
    commission shall also employ a secretary, who need not be a member.]
        (2) If one of the members appointed by the speaker of the House shall resign or be unable
    to serve, the vacancy shall be filled by the speaker of the House.
        (3) If one of the members appointed by the president of the Senate shall resign or be unable
    to serve, the vacancy shall be filled by the president of the Senate.
        (4) If one of the members appointed by the governor shall resign or be unable to serve, the
    vacancy shall be filled by the governor.
        (5) If one of the members appointed by the [board] commission shall resign or be unable to
    serve, the vacancy shall be filled by the [board] commission.
        Section 3. Section 63-54-3 is amended to read:
         63-54-3. Duties.
        The purpose of the commission shall be to [make] conduct a comprehensive examination of
    the Constitution of the State of Utah[,] and of the amendments thereto, and thereafter to make

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    recommendations to the governor and the Legislature as to specific proposed constitutional
    amendments [designed to carry out] to implement the commission's recommendations for changes
    in the constitution. The commission upon request shall also advise the governor and the Legislature
    on any proposed constitutional amendment or revision.
        Section 4. Section 63-54-4 is amended to read:
         63-54-4. Recommendations to commission.
        The commission in performing its duties and responsibilities shall consider any
    recommendations from the governor, state agencies, members of the Utah Legislature, and
    responsible [segments] members of the public.
        Section 5. Section 63-54-5 is amended to read:
         63-54-5. Public hearings -- Purpose.
        The Utah Constitutional Revision [Study] Commission may hold [such] any public hearings
    as it [deems] considers advisable and in such locations within the state as it may choose in order [that
    all] to afford any interested [persons] person who [are citizens] is a citizen of this state [may be
    afforded] an opportunity to appear and present [their] views in respect to any subject relating to the
    work of the commission.
        Section 6. Section 63-54-6 is amended to read:
         63-54-6. Per diem and expenses of members -- Reports to legislators and to governor.
        (1) (a) (i) Members who are not government employees shall receive no compensation or
    benefits for their services, but may receive per diem and expenses incurred in the performance of the
    member's official duties at the rates established by the Division of Finance under Sections
    63A-3-106 and 63A-3-107.
        (ii) Members may decline to receive per diem and expenses for their service.
        (b) (i) State government officer and employee members who do not receive salary, per diem,
    or expenses from their agency for their service may receive per diem and expenses incurred in the
    performance of their official duties from the commission at the rates established by the Division of
    Finance under Sections 63A-3-106 and 63A-3-107.
        (ii) State government officer and employee members may decline to receive per diem and

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    expenses for their service.
        (c) Legislators on the committee shall receive compensation and expenses as provided by
    law and legislative rule.
        (2) The commission shall submit to the members of the Legislature and to the governor at
    least [60] 30 days prior to the convening of the Legislature its [reports and] recommendations for
    revisions and amendments of the Utah Constitution [of the state of Utah].
        Section 7. Section 63-54-7 is amended to read:
         63-54-7. Terms of members -- Vacancies -- Reappointment.
        (1) The members initially appointed shall serve from the date of their appointment until June
    30, 1977. After July 1, 1977, members shall be appointed as provided [for] in Section 63-54-1 [of
    this chapter], except that those appointed shall draw by lot for terms of office of two, four, and six
    years each so that the terms of office of five members expire every two years on June 30th. [Their
    successors]
        (2) Successors shall be appointed for terms of six years each, except [that when] if a vacancy
    occurs in the membership of the commission for any reason, the replacement shall [be appointed]
    fill the vacancy for the unexpired term.
        (3) All appointed members of the commission[, including those appointed before July 1,
    1977,] shall [be eligible for reappointment one time] serve no longer than 12 years.
        Section 8. Section 63-54-8 is amended to read:
         63-54-8. Appointment of staff.
        The commission is hereby authorized to employ professional assistance and other staff
    members as it [deems] considers desirable or necessary.
        Section 9. Section 63-54-9 is amended to read:
         63-54-9. Publication of reports.
        The commission shall [also be authorized to] prepare, publish and distribute [from time to
    time reports] an annual report of its studies and recommendations [and statements in support
    thereof].
        Section 10. Section 63-55-263 is amended to read:

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         63-55-263. Repeal dates, Titles 63, 63A, and 63C.
        (1) Sections 63A-4-204 and 63A-4-205, authorizing the Risk Management Fund to provide
    coverage to non-state entities, are repealed July 1, 2001.
        (2) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
    repealed July 1, 2002.
        (b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2002.
        (3) The Resource Development Coordinating Committee, created in Section 63-28a-2, is
    repealed July 1, 2004.
        (4) (a) The Department of Natural Resources, created in Section 63-34-3, is repealed July
    1, 1999.
        (b) The Board of Parks and Recreation, created in Section 63-11-12, is repealed July 1, 1997.
        (c) The Riverway Enhancement Advisory Council, created in Section 63-11-17.7, is repealed
    July 1, 1999.
        (d) The Board of Utah Geological Survey, created in Section 63-73-2, is repealed July 1,
    1999.
        (e) The Division of Parks and Recreation, created in Section 63-11-17.1, is repealed July 1,
    1997.
        (f) The Utah Geological Survey, created in Section 63-73-5, is repealed July 1, 1999.
        (5) (a) The Internal Audit Division, created in Section 63-49-7, is repealed July 1, 2001.
        (b) The Comptroller Division, created in Section 63-49-7, is repealed July 1, 2001.
        (c) The Program Development Division, created in Section 63-49-7, is repealed July 1, 2001.
        (d) The Community Relations Division, created in Section 63-49-7, is repealed July 1, 2001.
        (e) The Administrative Services Division, created in Section 63-49-7, is repealed July 1,
    2005.
        (f) The Operations Division, created in Section 63-49-7, is repealed July 1, 1997.
        (g) The Project Development Division, created in Section 63-49-7, is repealed July 1, 1997.
        (h) Region offices, created in Section 63-49-9, are repealed July 1, 2001.
        (i) The Transportation Commission, created in Section 63-49-10, is repealed July 1, 2005.

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        (6) The Utah Constitutional Revision [Study] Commission, created in Section 63-54-1, is
    repealed July 1, 1998.
        (7) The Crime Victims' Reparations Board, created in Section 63-25a-404, is repealed July
    1, 1997.
        (8) Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
    Youth At Risk Act, is repealed on July 1, 2001.
        (9) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
        (10) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1, 2003.
        (11) The Utah Information Technology Commission Act, created in Title 63C, Chapter 2,
    is repealed July 1, 2004.
        (12) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2000.
        (13) The Utah Health Policy Commission, created in Title 63C, Chapter 3, is repealed July
    1, 2001.
        (14) The Utah Seismic Safety Commission, created in Section 63C-6-101, is repealed July
    1, 2004.
        (15) The Utah Pioneer Sesquicentennial Celebration Coordinating Council created in Section
    63C-5-102 is repealed June 30, 1998.

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