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H.B. 113

             1     

LEGISLATIVE COMPENSATION COMMISSION

             2     
AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Raymond W. Short

             6      Melvin R. Brown
             7      Evan L. Olsen
Brent H. Goodfellow
Patrice M. Arent


             8      AN ACT RELATING TO THE LEGISLATURE; CHANGING THE METHOD BY WHICH THE
             9      LEGISLATURE ACCEPTS, REJECTS, OR LOWERS THE SALARY RECOMMENDATION
             10      OF THE LEGISLATIVE COMPENSATION COMMISSION; AND AMENDING THE TIMING,
             11      CONTENT, AND DISTRIBUTION OF THE COMMISSION'S REPORT.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          36-2-2, as last amended by Chapter 95, Laws of Utah 1996
             15          36-2-3, as last amended by Chapter 20, Laws of Utah 1995
             16          36-2-5, as enacted by Chapter 3, Laws of Utah 1982, Third Special Session
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 36-2-2 is amended to read:
             19           36-2-2. Salaries and expenses of members -- Compensation of in-session employees.
             20          (1) (a) (i) The [compensation] salary of members of the Legislature is $100 per day for
             21      each calendar day for annual general sessions through the year 2000.
             22          (ii) Unless rejected or lowered as provided in Section 36-2-3 , the salary of members of the
             23      Legislature beginning in the year 2001 and each odd-numbered year thereafter shall be at the
             24      amount recommended by the Legislative Compensation Commission in its report issued in the
             25      previous even-numbered year.
             26          (b) (i) Members of the Legislature shall also receive $100 per day for each day the
             27      legislator attends veto-override and special sessions and other authorized legislative meetings


             28      through the year 2000.
             29          (ii) Unless rejected or lowered as provided in Section 36-2-3 , the salary of members of the
             30      Legislature for attendance at a veto-override, special session, and other authorized legislative
             31      meetings beginning in the year 2001 and each odd-numbered year thereafter shall be at the amount
             32      recommended by the Legislative Compensation Commission in its report issued in the previous
             33      even-numbered year.
             34          (2) (a) (i) The president of the Senate and the speaker of the House of Representatives shall
             35      receive an additional $1,000 per year through the year 2000.
             36          (ii) Unless rejected or lowered as provided in Section 36-2-3 , the salary of the president
             37      of the Senate and the speaker of the House of Representative beginning in the year 2001 and each
             38      odd-numbered year thereafter shall be at the amount recommended by the Legislative
             39      Compensation Commission in its report issued in the previous even-numbered year.
             40          (b) (i) The majority and minority leaders of each house shall receive an additional $500
             41      per year through the year 2000.
             42          (ii) The salary of the majority and minority leaders of each house beginning in the year
             43      2001 and each odd-numbered year thereafter shall be at the amount recommended by the
             44      Legislative Compensation Commission in its report issued in the previous even-numbered year.
             45          (3) (a) The Legislature shall establish, by joint rule of the Legislature, the expenses of its
             46      members.
             47          (b) Rules governing expenses shall be based upon:
             48          (i) payment of necessary expenses for attendance during legislative sessions;
             49          (ii) a mileage allowance; and
             50          (iii) reimbursement for other expenses involved in the performance of legislative duties.
             51          (4) (a) The compensation of in-session employees of the Legislature shall be fixed by joint
             52      resolution at each session of the Legislature.
             53          (b) For necessary work done by the employees of the Legislature after the adjournment of
             54      the session, the labor and services rendered shall be approved and attested by the presiding officer
             55      of the house employing that work.
             56          Section 2. Section 36-2-3 is amended to read:
             57           36-2-3. Salaries of members set by Legislature based on recommendations of
             58      Legislative Compensation Commission.


             59          [The salary] (1) Except as provided in Subsection (2), the salaries of members of the
             60      Legislature shall automatically be set beginning January 1st of each odd-numbered year at [an
             61      annual general session based upon recommendations of] the amount recommended by the
             62      Legislative Compensation Commission in the preceding even-numbered year.
             63          (2) (a) The Legislature during the even-numbered annual general session in the year just
             64      preceding the effective date of any salary change may [accept,] reject, or lower the salary
             65      recommendation, but may not increase the salary recommendation.
             66          (b) If the Legislature does not act as provided in Subsection (2)(a), they have by law
             67      accepted the Legislative Compensation Commission's recommendations.
             68          Section 3. Section 36-2-5 is amended to read:
             69           36-2-5. Duties of Legislative Compensation Commission.
             70          [It is the duty of the] The Legislative Compensation Commission has the following duties:
             71          (1) [To] It shall study and formulate recommendations concerning the salary levels for
             72      Utah state legislators. [Such] The study should be based upon maintaining a citizen Legislature
             73      in Utah, but compensating members fairly for their service in order that all individuals would have
             74      an opportunity to serve. Comparisons with salaries of other similar state legislators and other such
             75      factors should be considered in developing the recommendations. This study does not include a
             76      review of the appropriate expense level of legislators.
             77          (2) [To] The commission shall submit to [the] each member of the Legislature, [during a
             78      general session] by January 2nd of each even-numbered year, recommendations concerning
             79      changes, if any, which should be made in the salary plan and its administration for state legislators.
             80      This recommendation shall include a recitation of the provisions of Section 36-2-3 .




Legislative Review Note
    as of 1-27-99 10:41 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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