First Substitute S.B. 134

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 10, 2004 at 2:45 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Wed, Feb 25, 2004 at 10:26 AM by chopkin. -->

Senator Carlene M. Walker proposes the following substitute bill:

1 GOVERNOR'S COMMISSION FOR WOMEN AND
2 FAMILIES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carlene M. Walker
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Governor's Commission for Women and Families.
10 Highlighted Provisions:
11 This bill:
12 . modifies the name of the commission;
13 . provides for administrative support;
14 . reduces the size of the commission and provides for terms of appointment;
15 . simplifies the duties of the commission;
16 . repeals the responsibility of the commission to recommend staff to the governor;
17 . sunsets the commission in four years unless it is reauthorized; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 63-47-1, as last amended by Chapter 158, Laws of Utah 1990

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- 2 - 26 63-47-2, as last amended by Chapter 243, Laws of Utah 1996
27 63-47-3, as last amended by Chapter 158, Laws of Utah 1990
28 63-47-5, as last amended by Chapter 158, Laws of Utah 1990
29 63-47-7, as enacted by Chapter 173, Laws of Utah 1973
30 63-55-263, as last amended by Chapters 16 and 254, Laws of Utah 2003
31 REPEALS:
32 63-47-6, as repealed and reenacted by Chapter 69, Laws of Utah 1992
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 63-47-1 is amended to read:
36 63-47-1. Creation -- Purpose.
37 (1) There is [hereby] established the [governor's] Utah Commission for Women and
38 Families. [The purpose of the commission shall be to advise and confer with the governor and
39 state agencies concerning issues of importance to women and families in Utah and to serve as a
40 contact and coordinating group to analyze state and local programs to determine whether they
41 adequately serve women and protect the rights of men, women, and families.]
42 (2) The governor's office shall provide administrative support for the commission.
43 Section 2. Section 63-47-2 is amended to read:
44 63-47-2. Members -- Appointment -- Terms -- Vacancies -- Expenses.
45 (1) (a) Except as required by Subsection (1)(b), the commission shall consist of [19] up
46 to 15 members to be appointed by the governor for [terms of four years] a four-year term.
47 (b) Notwithstanding the requirements of Subsection (1)(a), the governor shall, at the
48 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
49 commission members are staggered so that approximately half of the commission is appointed
50 every two years.
51 (c) Members may serve two consecutive appointments.
52 (d) In making appointments, the governor shall insure that no more than one more than
53 half the membership is from the same political party.
54 (2) When a vacancy occurs in the membership for any reason, the replacement shall be
55 appointed by the governor for the remainder of the unexpired term.
56 (3) (a) Members shall receive no compensation or benefits for their services, but may

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- 3 - 57 receive per diem and expenses incurred in the performance of the member's official duties at
58 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
59 (b) Members may decline to receive per diem and expenses for their service.
60 Section 3. Section 63-47-3 is amended to read:
61 63-47-3. Qualifications of members.
62 [Not more than ten members of the commission may be from one political party.
63 Members shall be appointed from persons with]
64 (1) Members appointed to the commission shall have the following qualifications:
65 (a) a demonstrated record of leadership and involvement[,]; and
66 (b) a willingness to make a commitment to the furtherance of the purposes of the
67 commission.
68 (2) The commission [shall] may make recommendations to the governor concerning
69 appointment of members.
70 Section 4. Section 63-47-5 is amended to read:
71 63-47-5. Duties.
72 The commission shall [take action to carry out the following duties]:
73 (1) confer with state agencies and advise the governor [and heads of various state
74 departments regarding discriminatory legislation and practices, and the planning of programs of
75 particular concern], through the governor's program director, concerning programs of
76 importance to women and families;
77 [(2) serve as a clearinghouse for coordination and evaluation of programs, services, and
78 legislation affecting women and families;]
79 [(3) receive and refer complaints concerning alleged violation of women's rights and
80 responsibilities and if necessary report such action to the governor;]
81 [(4)] (2) conduct studies, workshops, or fact-finding hearings to develop
82 recommendations for constructive action in all areas of interest to women and families;
83 [(5)] (3) conduct or participate in educational programs concerning issues of
84 importance to women and families; and
85 [(6) encourage community organizations and state and local units of government to
86 institute activities designed to meet the needs of women and families;]
87 [(7) participate in gaining support of changes deemed necessary by developing

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House Floor Amendments 2-25-2004 ch/jlf

- 4 -

Senate 3rd Reading Amendments 2-10-2004 rd/jlf 88

legislation and community education; and]
89 [(8)] (4) act as a liaison between the governor and national advisory organizations on
90 the status of women or families[, and represent the governor and the state at meetings of such
91 national organizations].
92 Section 5. Section 63-47-7 is amended to read:
93 63-47-7. Authority to accept funds, gifts, and donations.
94 The commission may receive and accept federal funds, private gifts, donations, or funds
95 from any source. [All moneys shall be deposited with the state and shall be continuously
96 available to the commission to carry out the purposes of this act.]
97 Section 6. Section 63-55-263 is amended to read:
98 63-55-263. Repeal dates, Titles 63 and 63A.
99 (1) (a) Title 63, Chapter 25a, Part 1, Commission on Criminal and Juvenile Justice, is
100 repealed July 1, 2004.
101 (b) Title 63, Chapter 25a, Part 3, Sentencing Commission, is repealed January 1, 2012.
102 (2) The Crime Victims' Reparations Board, created in Section 63-25a-404 , is repealed
103 July 1, 2007.
104 (3) The Resource Development Coordinating Committee, created in Section
105 63-38d-501 , is repealed July 1, 2004.
106 (4) Title 63, Chapter 38c, State Appropriations and Tax Limitation Act, is repealed
107 July 1, 2005.
108 (5) Title 63, Chapter 47, Utah Commission for Women and Families, is repealed July
109 1, S [ 2008 ] H [ 2006 s ] 2005 h .
110 [(5)] (6) Title 63, Chapter 75, Families, Agencies, and Communities Together for
111 Children and Youth At Risk Act, is repealed July 1, 2006.
112 [(6)] (7) Title 63, Chapter 88, Navajo Trust Fund, is repealed July 1, 2005.
113 [(7)] (8) Sections 63A-4-204 and 63A-4-205 , authorizing the Risk Management Fund
114 to provide coverage to nonstate entities, are repealed July 1, 2006.
115 [(8)] (9) Title 63A, Chapter 7, Utah Sports Authority Act, is repealed July 1, 2003.
116 [(9)] (10) Title 63A, Chapter 10, State Olympic Coordination Act, is repealed July 1,
117 2004.
118 Section 7. Repealer.

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- 5 - 119 This bill repeals:
120 Section 63-47-6, Authority to hire staff.