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H.B. 113 Enrolled

                 

LEGISLATIVE COMPENSATION COMMISSION AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Raymond W. Short

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


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


                  meetings beginning in the year 2001 and each odd-numbered year thereafter shall be at the amount
                  recommended by the Legislative Compensation Commission in its report issued in the previous
                  even-numbered year.
                      (2) (a) (i) The president of the Senate and the speaker of the House of Representatives shall
                  receive an additional $1,000 per year through the year 2000.
                      (ii) Unless rejected or lowered as provided in Section 36-2-3 , the salary of the president of
                  the Senate and the speaker of the House of Representatives beginning in the year 2001 and each
                  odd-numbered year thereafter shall be at the amount recommended by the Legislative Compensation
                  Commission in its report issued in the previous even-numbered year.
                      (b) (i) The majority and minority leaders of each house shall receive an additional $500 per
                  year through the year 2000.
                      (ii) The salary of the majority and minority leadership of each house beginning in the year
                  2001 and each odd-numbered year thereafter shall be at the amount recommended by the Legislative
                  Compensation Commission in its report issued in the previous even-numbered year.
                      (3) (a) The Legislature shall establish, by joint rule of the Legislature, the expenses of its
                  members.
                      (b) Rules governing expenses shall be based upon:
                      (i) payment of necessary expenses for attendance during legislative sessions;
                      (ii) a mileage allowance; and
                      (iii) reimbursement for other expenses involved in the performance of legislative duties.
                      (4) (a) The compensation of in-session employees of the Legislature shall be fixed by joint
                  resolution at each session of the Legislature.
                      (b) For necessary work done by the employees of the Legislature after the adjournment of
                  the session, the labor and services rendered shall be approved and attested by the presiding officer
                  of the house employing that work.
                      Section 2. Section 36-2-3 is amended to read:
                       36-2-3. Salaries of members set by Legislature based on recommendations of
                  Legislative Compensation Commission.

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                      [The salary] (1) (a) Except as provided in Subsection (2), the salaries of members of the
                  Legislature shall automatically be set beginning January 1st of each odd-numbered year at [an annual
                  general session based upon recommendations of] the amount recommended by the Legislative
                  Compensation Commission in the preceding even-numbered year.
                      (b) This salary recommendation shall be based on either:
                      (i) a daily basis:
                      (A) for each calendar day for annual general sessions; and
                      (B) for each day a legislator attends veto-override and special sessions and other authorized
                  legislative meetings; or
                      (ii) an annualized salary.
                      (2) (a) The Legislature during the even-numbered annual general session in the year just
                  preceding the effective date of any salary change may [accept,] reject[,] or lower the salary
                  recommendation, but may not increase the salary recommendation.
                      (b) If the Legislature does not act as provided in Subsection (2)(a), they have by law                   accepted
                  the Legislative Compensation Commission's recommendations.
                      Section 3. Section 36-2-5 is amended to read:
                       36-2-5. Duties of Legislative Compensation Commission.
                      [It is the duty of the] The Legislative Compensation Commission has the following duties:
                      (1) [To] It shall study and formulate recommendations concerning the salary levels for Utah
                  state legislators. [Such] The study should be based upon maintaining a citizen Legislature in Utah,
                  but compensating members fairly for their service in order that all individuals would have an
                  opportunity to serve. Comparisons with salaries of other similar state legislators and other such
                  factors should be considered in developing the recommendations. This study does not include a
                  review of the appropriate expense level of legislators.
                      (2) [To] The commission shall submit to [the] each member of the Legislature, [during a
                  general session] by January 2nd of each even-numbered year, recommendations concerning changes,
                  if any, which should be made in the salary plan and its administration for state legislators. This
                  recommendation shall include a recitation of the provisions of Section 36-2-3 .

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