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MINUTES OF THE
HOUSE RETIREMENT AND INDEPENDENT ENTITIES STANDING COMMITTEE

Room 20, House Building

                     February 6, 2013

Members Present:    Rep. Kraig Powell, Chair    
            Rep. Merrill Nelson, Vice Chair
            Rep. Jack Draxler    
            Rep. Susan Duckworth
            Rep. Steve Eliason
            Rep. Gage Froerer            
            Rep. Lynn Hemingway
            Rep. Brad Last
            Rep. Carol Spackman Moss

Staff Present:    Mr. Benjamin N. Christensen, Policy Analyst
            Ms. Sylvia Newton, Committee Secretary
    
Note: A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Powell called the meeting to order at 12:56 p.m.

S.B. 10    Retirement Eligibility Amendments (Sen. T. Weiler)

Rep. Ipson introduced the bill to the committee, assisted by Mr. Dan Andersen, Utah Retirement System.

MOTION:    Rep. Last moved to pass S.B. 10 out favorably. The motion passed unanimously with Rep. Froerer absent for the vote.


S.B. 16    Health Insurance Coverage Restrictions on Retired Governors and Legislators (Sen. T. Weiler)

Rep. Ipson introduced the bill to the committee, assisted by Mr. Dan Andersen, Utah Retirement System.

MOTION:    Rep. Nelson moved to pass S.B. 16 out favorably. The motion passed unanimously with Rep. Froerer absent for the vote.
    

S.B. 26    Risk Management for Independent Entities (Sen. T. Weiler))

Rep. Ipson introduced the bill to the committee, assisted by Ms. Tani Downing, Executive Director, Utah State Risk Management.



MOTION:    Rep. Duckworth moved to pass S.B. 26 out favorably. The motion passed unanimously.


H.B. 30    Line-of-duty Death and Disability Amendments (Rep. R. Menlove)

MOTION:    Rep. Froerer moved to amend the bill as follows:

1.    Page 3, Lines 83 through 86 :    

             83          (b) "Line-of-duty death" does not include a death that:
             84          (i) occurs during an activity that is required as an act of duty as a public safety service
             85      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             86      of a nonmanual nature;

2.    Page 4, Lines 106 through 109 :    

             106      who performs public safety service under this chapter.
 

(7)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.  

             107          
{   (7)   }        (8)       "System" means the Public Safety Contributory Retirement System created under

             108      this chapter.
             109          
{   (8)   }        (9)       "Years of service credit" means the number of periods, each to consist of 12 full


3.    Page 6, Lines 153 through 156 :    

             153          (b) "Line-of-duty death" does not include a death that:
             154          (i) occurs during an activity that is required as an act of duty as a public safety service

             155      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             156      of a nonmanual nature;

4.    Page 6, Lines 174 through 177 :    

             174      who performs public safety service under this chapter.
 

(7)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.  

             175          
{   (7)   }        (8)       "System" means the Public Safety Noncontributory Retirement System created

             176      under this chapter.
             177          
{   (8)   }        (9)       "Years of service credit" means the number of periods, each to consist of 12 full


5.    Page 9, Lines 246 through 248 :    

             246          (i) occurs during an activity that is required as an act of duty as a firefighter service
             247      employee if the activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or

             248      of a nonmanual nature;

6.    Page 9, Lines 260 through 262 :    

             260      employment per year.
 

(9)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.  

             261
         
{   (9)   }        (10)       "System" means the Firefighters' Retirement System created under this chapter.

             262          
{   (10)   }        (11)       (a) "Volunteer firefighter" means any individual that is not regularly employed as


7.    Page 9, Lines 268 through 269 :    

             268          (b) An individual that volunteers assistance but does not meet the requirements of
             269      Subsection
{   (10)   }        (11)       (a) is not a volunteer firefighter for purposes of this chapter.


8.    Page 10, Lines 303 through 305 :    

             303          (A) occurs during an activity that is required as an act of duty as an employee if the
             304      activity is not
  a       strenuous        activity       , including an activity that is clerical, administrative, or of a nonmanual

             305      nature contributes to the employee's death;

9.    Page 11, Line 309 :    

             309          (D) occurs in a manner other than as described in Subsection (1)(b)(i).
 

    (c)    (i)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.
        (ii)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.  


10.    Page 13, Lines 382 through 384 :    

             382          (i) occurs during an activity that is required as an act of duty as a public safety service
             383      or firefighter service employee if the activity is not
  a       strenuous        activity       , including an activity that is

             384      clerical, administrative, or of a nonmanual nature;

11.    Page 14, Lines 406 through 409 :    

             406      employer who performs public safety service under this chapter.
 

(10)    (a)    "Strenuous activity" means engagement involving a difficult, stressful, or vigorous fire suppression, rescue, hazardous material response, emergency medical service, physical law enforcement, prison security, disaster relief, or other emergency response activity.

    (b)    "Strenuous activity" includes participating in a participating employer sanctioned and funded training exercise that involves difficult, stressful, or vigorous physical activity.  

             407          [(9)]
{   (10)   }        (11)       "System" means the New Public Safety and Firefighter Tier II Contributory

             408      Retirement System created under this chapter.
             409          [(10)]
{   (11)   }        (12)       (a) "Volunteer firefighter" means any individual that is not regularly


12.    Page 14, Lines 415 through 417 :    

             415          (b) An individual that volunteers assistance but does not meet the requirements of
             416      Subsection [(10)]
{   (11)   }        (12)       (a) is not a volunteer firefighter for purposes of this chapter.

             417          [(11)]
{   (12)   }        (13)       "Years of service credit" means:


13.    Page 15, Lines 442 through 444 :    

             442          (c) Each volunteer fire department shall maintain a current roll of all volunteer
             443      firefighters which meet the requirements of Subsection 49-23-102 [(10)]
{   (11)   }        (12)       to determine the

             444      eligibility for this benefit.

Rep. Menlove explained the amendment to the committee.

The motion to amend the bill passed unanimously

Chair Powell relinquished the chair to Vice Chair Nelson.

Rep. Menlove introduced the amended bill to the committee, assisted by Mr. Coy Porter, State Fire Marshall.

Spoke in favor of the bill:    Mr. Lance Davenport, Commissioner of Law Enforcement, Department of Public Safety



Chair Powell resumed the chair.

Spoke in favor of the bill:    Mr. Marty Peterson, Firefighters Pension Membership Council
                Mr. Frank Budd, Utah Chiefs of Police
                Mr. Kelly Atkinson, Fraternal Order of Police
                Mr. Coy Porter, State Fire Marshall

MOTION:    Rep. Moss moved to pass H.B. 30 as amended out favorably. The motion passed unanimously.


H.B. 255    Classified School Employee Amendments (Rep. B. Last)

Rep. Last introduced the bill to the committee.

Chair Powell relinquished the chair to Vice Chair Nelson.

Spoke to the bill:    Mr. Geoff Leonard, Utah School Employees Association
            Mr. Mike Fraser, Assistant Superintendent, Granite School District

MOTION:    Rep. Eliason moved to pass H.B. 255 out favorably. The motion passed with Rep. Duckworth, Rep. Hemingway, and Rep. Moss voting in opposition to the motion. and Rep. Powell absent for the vote.

MOTION:    Rep. Duckworth moved to adjourn the meeting. The motion passed unanimously with Rep. Powell absent for the vote.

Vice Chair Nelson adjourned the meeting at 2:10 p.m.






                ___________________________________
                Rep. Kraig Powell, Chair