H.B. 39 Enrolled

1

UTAH INTERNATIONAL TRADE COMMISSION
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Sheryl L. Allen
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill creates a legislative commission to address international trade issues.
10 Highlighted Provisions:
11 This bill:
12 . provides for a legislative commission to study policy issues concerning:
13 . international trade treaties' effects on the Legislature's regulation of state
14 affairs;
15 . creation of trade-related position in state government; and
16 . the promotion of international trade relationships with Utah;
17 . requires the governor to consult with the commission before binding the state to an
18 international trade agreement; and
19 . provides a repeal date.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 63-55-236, as last amended by Chapter 86, Laws of Utah 2005
27 63-55-267, as last amended by Chapter 37, Laws of Utah 2004
28 ENACTS:
29 36-26-101, Utah Code Annotated 1953

30 36-26-102, Utah Code Annotated 1953
31 36-26-103, Utah Code Annotated 1953
32 36-26-104, Utah Code Annotated 1953
33 67-1-15, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 36-26-101 is enacted to read:
37 CHAPTER 26. UTAH INTERNATIONAL TRADE COMMISSION
38 36-26-101. Title.
39 This chapter is known as the "Utah International Trade Commission."
40 Section 2. Section 36-26-102 is enacted to read:
41 36-26-102. Utah International Trade Commission -- Creation -- Membership --
42 Chairs -- Per diem and expenses.
43 (1) There is created the Utah International Trade Commission.
44 (2) The commission membership consists of 11 members of which:
45 (a) eight members to be appointed as follows:
46 (i) five members from the House of Representatives, appointed by the speaker of the
47 House of Representatives, no more than three from the same political party; and
48 (ii) three members from the Senate, appointed by the president of the Senate, no more
49 than two members from the same political party;
50 (b) two nonvoting members to be appointed by the governor; and
51 (c) the Utah Attorney General or designee, who is a nonvoting member.
52 (3) (a) The members appointed or reappointed by the governor shall serve two-year
53 terms.
54 (b) Notwithstanding the requirement of Subsection (3)(a), the governor shall, at the
55 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
56 these members are staggered so that approximately half of the members are appointed or
57 reappointed under Subsection (3)(c) every two years;

58 (c) when a vacancy occurs among members appointed by the governor, the replacement
59 shall be appointed for the unexpired term; and
60 (d) one of the two members appointed by the governor shall be from a Utah industry
61 involved in international trade.
62 (4) Four members of the commission constitute a quorum.
63 (5) (a) The speaker of the House of Representatives shall designate a member of the
64 House of Representatives appointed under Subsection (2)(a) as a cochair of the commission.
65 (b) The president of the Senate shall designate a member of the Senate appointed under
66 Subsection (2)(a) as a cochair of the commission.
67 (6) (a) State government officer and employee members who do not receive salary, per
68 diem, or expenses from their agency for their commission service may receive per diem and
69 expenses at the rates incurred in the performance of their official commission duties at the rates
70 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
71 (b) Legislators on the commission receive compensation and expenses as provided by
72 law and legislative rule.
73 Section 3. Section 36-26-103 is enacted to read:
74 36-26-103. Duties.
75 The commission shall:
76 (1) comply with the rules of legislative interim committees unless those rules conflict
77 with this section;
78 (2) study and make recommendations to the Legislature concerning:
79 (a) the impact of international treaties adopted by the United States Senate on the
80 Legislature's constitutional powers to regulate state affairs, public and private;
81 (b) the creation, duties and powers, and oversight of a state trade representative or state
82 point of contact; and
83 (c) the promotion of international trade with Utah;
84 (3) maintain active communication with:
85 (a) the United States trade representative's office;

86 (b) Utah's congressional delegation;
87 (c) Utah's state trade representative or state point of contact, if created; and
88 (d) any other organization whose mission involves international trade in the United
89 States as the commission considers appropriate; and
90 (4) have no more than four paid meetings per year.
91 Section 4. Section 36-26-104 is enacted to read:
92 36-26-104. Staff support.
93 The Office of Legislative Research and General Counsel shall provide staff services to
94 the commission.
95 Section 5. Section 63-55-236 is amended to read:
96 63-55-236. Repeal dates, Title 36.
97 Sections 36-26-101 through 36-26-104 are repealed December 31, 2007.
98 Section 6. Section 63-55-267 is amended to read:
99 63-55-267. Repeal dates, Title 67.
100 Section 67-1-15 is repealed December 31, 2007.
101 Section 7. Section 67-1-15 is enacted to read:
102 67-1-15. Approval of international trade agreement -- Consultation with Utah
103 International Trade Commission.
104 Before binding the state or giving the federal government consent to bind the state to an
105 international trade agreement the Governor shall consult with the Utah International Trade
106 Commission.