1     
UNIFORM LAW COMMISSION REIMBURSEMENT

2     
AMENDMENTS

3     
2023 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Michael K. McKell

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House Sponsor: Nelson T. Abbott

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8     LONG TITLE
9     General Description:
10          This bill modifies expense reimbursement requirements and updates language relating
11     to Utah members of the Uniform Law Commission.
12     Highlighted Provisions:
13          This bill:
14          ▸     updates terminology;
15          ▸     modernizes titles and references to the Uniform Law Commission;
16          ▸     modifies provisions related to uniform law commissioner duties; and
17          ▸     modifies provisions that govern expense reimbursement requirements for uniform
18     law commissioners.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          68-4-5, as last amended by Laws of Utah 2020, Chapter 352
26          68-4-6, as last amended by Laws of Utah 2020, Chapter 352
27          68-4-8, as last amended by Laws of Utah 2011, Chapter 356
28          68-4-9, as last amended by Laws of Utah 2011, Chapter 356
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 68-4-5 is amended to read:
32          68-4-5. Creation -- Members -- Terms.
33          (1) There is established the "Utah Commission on Uniform State Laws," which
34     consists of members of the Utah State Bar who are appointed as commissioners to the
35     [National Conference of Commissioners on Uniform State Laws] Uniform Law Commission as
36     follows:
37          (a) one commissioner, appointed by the governor with the advice and consent of the
38     Senate, who shall be a member of the Senate at the time of appointment;
39          (b) one commissioner, appointed by the governor with the advice and consent of the
40     Senate, who shall be a member of the House of Representatives at the time of appointment;
41          (c) two commissioners, appointed by the governor with the advice and consent of the
42     Senate, who shall be active members of the Utah State Bar;
43          (d) one commissioner who is the Legislature's general counsel or, alternatively, an
44     attorney from the Office of Legislative Research and General Counsel who is appointed by the
45     general counsel;
46          (e) any commissioner that has previously served as a member of the commission and
47     has been elected as a life member of the [National Conference of Commissioners on Uniform
48     State Laws] Uniform Law Commission according to the conference's constitution, bylaws, and
49     rules of procedure; and
50          (f) up to one associate commissioner, appointed by the Legislature's general counsel,
51     who is an attorney from the Office of Legislative Research and General Counsel.
52          (2) Commissioners appointed by the governor shall be appointed for four-year terms
53     commencing on the date of their confirmation by the Senate.
54          (3) A commissioner continues to serve:
55          (a) unless the commissioner dies or resigns;
56          (b) unless the commissioner ceases to be a member of the Utah State Bar in good
57     standing; or
58          (c) (i) for a commissioner appointed by the governor and notwithstanding expiration of
59     the commissioner's term under Subsection (2), until the governor:
60          (A) reappoints the commissioner to a new term; or
61          (B) appoints a successor commissioner;
62          (ii) for the general counsel, until the general counsel ceases to serve as general counsel
63     or appoints an attorney to serve in the general counsel's place;
64          (iii) for a commissioner appointed to serve in the place of the general counsel, until the
65     general counsel chooses to serve as a commissioner or appoints a successor commissioner; or
66          (iv) for an associate commissioner, until the general counsel appoints a successor
67     commissioner or elects not to fill the position of associate commissioner.
68          Section 2. Section 68-4-6 is amended to read:
69          68-4-6. Vacancies.
70          (1) For a commissioner who serves in a governor-appointed position described in
71     Subsection 68-4-5(1)(a), (b), or (c):
72          (a) the office of a commissioner becomes vacant and the governor, with the advice and
73     consent of the Senate, shall immediately appoint a new commissioner upon the
74     commissioner's:
75          (i) death;
76          (ii) resignation; or
77          (iii) failure to be a member of the Utah State Bar in good standing; and
78          (b) the governor may, with the advice and consent of the Senate, appoint a new
79     commissioner or, as applicable, reappoint the current commissioner, provided that the current
80     commissioner meets the requirements for appointment, after any of the following events:
81          (i) the commissioner's failure to actively serve as commissioner;
82          (ii) the commissioner's refusal to serve as commissioner;
83          (iii) expiration of the commissioner's term;
84          (iv) the commissioner's appointment to another position on the commission; or
85          (v) the commissioner's election as a life member of the [National Conference of
86     Commissioners on Uniform State Laws] Uniform Law Commission.
87          (2) (a) [The] A commissioner who is the Legislature's general counsel shall serve only
88     while acting as the Legislature's general counsel.
89          (b) A commissioner who is serving as an appointee of the Legislature's general counsel
90     shall serve [at the will of the] until the general counsel chooses to serve as a commissioner or
91     appoints a successor commissioner.
92          Section 3. Section 68-4-8 is amended to read:
93          68-4-8. Duties of a commissioner.
94          (1) [The commissioners] A commissioner shall:
95          (a) participate in the [National Conference of Commissioners on Uniform State Laws]
96     Uniform Law Commission on behalf of the state, including attending the annual meeting of the
97     Uniform Law Commission;
98          (b) examine the subjects upon which uniformity of legislation in the various states of
99     the union is desirable but that are outside the jurisdiction of the Congress of the United States;
100          (c) confer upon these matters with the commissioners appointed by other states for the
101     same purpose;
102          (d) at the direction of the [National Conference of Commissioners on Uniform State
103     Laws] Uniform Law Commission, serve on national committees that develop and draft uniform
104     and model laws; and
105          (e) devise and recommend other means to accomplish the purposes of this chapter.
106          (2) [The commission] A commissioner may request that a legislator [to sponsor, as an
107     item on the interim study resolution] consider sponsoring, as an interim study item or as a bill
108     or resolution for introduction, any uniform legislation that [the commission] a commissioner
109     determines would be in the best interests of the state to adopt.
110          Section 4. Section 68-4-9 is amended to read:
111          68-4-9. Expenditures -- Reimbursement.
112          (1) [A] Except as otherwise provided by legislative policies and procedures under
113     Subsection (3), a commissioner may not receive compensation or benefits for the
114     commissioner's service, but may receive per diem and travel expenses in accordance with:
115          (a) Section 63A-3-106;
116          (b) Section 63A-3-107; and
117          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
118     63A-3-107.
119          (2) The Legislature shall make appropriations to Legislative Services and to the Office
120     of Legislative Research and General Counsel to pay the necessary per diem and expenses of the
121     commissioners and to make an appropriate contribution on behalf of this state to the [National
122     Conference of Commissioners on Uniform State Laws] Uniform Law Commission, including
123     any per diem and expenses of a commissioner who has been elected as a life member of the
124     [National Conference of Commissioners on Uniform State Laws] Uniform Law Commission.
125          [(3) The commissioners shall keep a full account of their expenditures in the discharge
126     of their official duties and shall report the account to the Office of Legislative Research and
127     General Counsel.]
128          (3) Notwithstanding Subsection (1):
129          (a) a commissioner who is employed by the Office of Legislative Research and General
130     Counsel shall receive reimbursement for their expenditures incurred in the discharge of their
131     official duties according to the policies and procedures of the Office of Legislative Research
132     and General Counsel; and
133          (b) a commissioner who is not employed by the Office of Legislative Research and
134     General Counsel shall receive reimbursement for the commissioner's expenditures incurred in
135     the discharge of their official duties according to the policies and procedures of Legislative
136     Services.