Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 253 (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• updates terminology;
• modernizes titles and references to the Uniform Law Commission;
• modifies provisions related to uniform law commissioner duties; and
• modifies provisions that govern expense reimbursement requirements for uniform law commissioners.

Every vote on this bill

Bill text

UNIFORM LAW COMMISSION REIMBURSEMENT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Nelson T. Abbott
LONG TITLE
General Description:
This bill modifies expense reimbursement requirements and updates language relating
to Utah members of the Uniform Law Commission.
Highlighted Provisions:
This bill:
▸ updates terminology;
▸ modernizes titles and references to the Uniform Law Commission;
▸ modifies provisions related to uniform law commissioner duties; and
▸ modifies provisions that govern expense reimbursement requirements for uniform
law commissioners.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
68-4-5
, as last amended by Laws of Utah 2020, Chapter 352
68-4-6
, as last amended by Laws of Utah 2020, Chapter 352
68-4-8
, as last amended by Laws of Utah 2011, Chapter 356
68-4-9
, as last amended by Laws of Utah 2011, Chapter 356
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
68-4-5
 is amended to read:
68-4-5.
Creation -- Members -- Terms.
(1) There is established the "Utah Commission on Uniform State Laws," which
consists of members of the Utah State Bar who are appointed as commissioners to the
[
National Conference of Commissioners on Uniform State Laws
] 
Uniform Law Commission
 as
follows:
(a) one commissioner, appointed by the governor with the advice and consent of the
Senate, who shall be a member of the Senate at the time of appointment;
(b) one commissioner, appointed by the governor with the advice and consent of the
Senate, who shall be a member of the House of Representatives at the time of appointment;
(c) two commissioners, appointed by the governor with the advice and consent of the
Senate, who shall be active members of the Utah State Bar;
(d) one commissioner who is the Legislature's general counsel or, alternatively, an
attorney from the Office of Legislative Research and General Counsel who is appointed by the
general counsel;
(e) any commissioner that has previously served as a member of the commission and
has been elected as a life member of the [
National Conference of Commissioners on Uniform
State Laws
] 
Uniform Law Commission
 according to the conference's constitution, bylaws, and
rules of procedure; and
(f) up to one associate commissioner, appointed by the Legislature's general counsel,
who is an attorney from the Office of Legislative Research and General Counsel.
(2) Commissioners appointed by the governor shall be appointed for four-year terms
commencing on the date of their confirmation by the Senate.
(3) A commissioner continues to serve:
(a) unless the commissioner dies or resigns;
(b) unless the commissioner ceases to be a member of the Utah State Bar in good
standing; or
(c) (i) for a commissioner appointed by the governor and notwithstanding expiration of
the commissioner's term under Subsection (2), until the governor:
(A) reappoints the commissioner to a new term; or
(B) appoints a successor commissioner;
(ii) for the general counsel, until the general counsel ceases to serve as general counsel
or appoints an attorney to serve in the general counsel's place;
(iii) for a commissioner appointed to serve in the place of the general counsel, until the
general counsel chooses to serve as a commissioner or appoints a successor commissioner; or
(iv) for an associate commissioner, until the general counsel appoints a successor
commissioner or elects not to fill the position of associate commissioner.
Section 2. Section 
68-4-6
 is amended to read:
68-4-6.
Vacancies.
(1) For a commissioner who serves in a governor-appointed position described in
Subsection 
68-4-5
(1)(a), (b), or (c):
(a) the office of a commissioner becomes vacant and the governor, with the advice and
consent of the Senate, shall immediately appoint a new commissioner upon the
commissioner's:
(i) death;
(ii) resignation; or
(iii) failure to be a member of the Utah State Bar in good standing; and
(b) the governor may, with the advice and consent of the Senate, appoint a new
commissioner or, as applicable, reappoint the current commissioner, provided that the current
commissioner meets the requirements for appointment, after any of the following events:
(i) the commissioner's failure to actively serve as commissioner;
(ii) the commissioner's refusal to serve as commissioner;
(iii) expiration of the commissioner's term;
(iv) the commissioner's appointment to another position on the commission; or
(v) the commissioner's election as a life member of the [
National Conference of
Commissioners on Uniform State Laws
] 
Uniform Law Commission
.
(2) (a) [
The
] 
A
 commissioner who is the Legislature's general counsel shall serve only
while acting as the Legislature's general counsel.
(b) A commissioner who is serving as an appointee of the Legislature's general counsel
shall serve [
at the will of the
] 
until the
 general counsel 
chooses to serve as a commissioner or
appoints a successor commissioner
.
Section 3. Section 
68-4-8
 is amended to read:
68-4-8.
Duties of a commissioner.
(1) [
The commissioners
] 
A commissioner
 shall:
(a) participate in the [
National Conference of Commissioners on Uniform State Laws
]
Uniform Law Commission
 on behalf of the state
, including attending the annual meeting of the
Uniform Law Commission
;
(b) examine the subjects upon which uniformity of legislation in the various states of
the union is desirable but that are outside the jurisdiction of the Congress of the United States;
(c) confer upon these matters with the commissioners appointed by other states for the
same purpose;
(d) at the direction of the [
National Conference of Commissioners on Uniform State
Laws
] 
Uniform Law Commission
, serve on national committees that 
develop and
 draft uniform
and model laws; and
(e) devise and recommend other means to accomplish the purposes of this chapter.
(2) [
The commission
] 
A commissioner
 may request 
that
 a legislator [
to sponsor, as an
item on the interim study resolution
] 
consider sponsoring
, 
as an interim study item
 or as a bill
or resolution for introduction, any uniform legislation that [
the commission
] 
a commissioner
determines would be in the best interests of the state to adopt.
Section 4. Section 
68-4-9
 is amended to read:
68-4-9.
Expenditures -- Reimbursement.
(1) [
A
] 
Except as otherwise provided by legislative policies and procedures under
Subsection (3), a
 commissioner may not receive compensation or benefits for the
commissioner's service, but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(2) The Legislature shall make appropriations to 
Legislative Services and to
 the Office
of Legislative Research and General Counsel to pay the necessary 
per diem and
 expenses of the
commissioners and to make 
an
 appropriate contribution on behalf of this state to the [
National
Conference of Commissioners on Uniform State Laws
] 
Uniform Law Commission
, including
any 
per diem and
 expenses of a commissioner who has been elected as a life member of the
[
National Conference of Commissioners on Uniform State Laws
] 
Uniform Law Commission
.
[
(3) The commissioners shall keep a full account of their expenditures in the discharge
of their official duties and shall report the account to the Office of Legislative Research and
General Counsel.
]
(3) Notwithstanding Subsection (1):
(a) a commissioner who is employed by the Office of Legislative Research and General
Counsel shall receive reimbursement for their expenditures incurred in the discharge of their
official duties according to the policies and procedures of the Office of Legislative Research
and General Counsel; and
(b) a commissioner who is not employed by the Office of Legislative Research and
General Counsel shall receive reimbursement for the commissioner's expenditures incurred in
the discharge of their official duties according to the policies and procedures of Legislative
Services.