First Substitute H.B. 287

Senator Lyle W. Hillyard proposes the following substitute bill:

1 LEGISLATOR SALARY AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: David Litvack
5 Senate Sponsor: Lyle W. Hillyard
6 Cosponsors:
7 Sheryl L. Allen
8 Johnny Anderson
9 Roger E. Barrus
10 Trisha S. Beck
11 Ron Bigelow
12 Jim Bird
13 Jackie Biskupski
14 Laura Black
15 Rebecca Chavez-Houck
16 David Clark
17 Bradley M. Daw
18 Brad L. Dee
19 Susan Duckworth
20 James A. Dunnigan
21 Rebecca P. Edwards
22 Ben C. Ferry
23 Janice M. Fisher
24 Julie Fisher
25 Lorie D. FowlkeCraig A. Frank
Gage Froerer
Kevin S. Garn
Francis D. Gibson
James R. Gowans
Richard A. Greenwood
Keith Grover
Lynn N. Hemingway
Neal B. Hendrickson
Gregory H. Hughes
Fred R Hunsaker
Eric K. Hutchings
Don L. Ipson
Christine A. Johnson
Brian S. King
Bradley G. Last
Rebecca D. Lockhart
Steven R. Mascaro
Ronda Rudd Menlove
Carol Spackman MossMerlynn T. Newbold
Michael E. Noel
Curtis Oda
Patrick Painter
Marie H. Poulson
Kraig Powell
Paul Ray
Phil Riesen
Stephen E. Sandstrom
F. Jay Seegmiller
Jennifer M. Seelig
Evan J. Vickers
C. Brent Wallis
Christine F. Watkins
R. Curt Webb
Mark A. Wheatley
Ryan D. Wilcox
Larry B. Wiley
Bill Wright 26
27 LONG TITLE
28 General Description:
29 This bill modifies provisions in the legislative title of the Utah Code that govern
30 legislators' daily pay.
31 Highlighted Provisions:

32 This bill:
33 . unless certain contingencies occur, maintains legislators' daily pay at $117 through
34 the 2011 calendar year, for:
35 . annual general sessions;
36 . veto-override sessions;
37 . special sessions; and
38 . authorized legislative meetings;
39 . authorizes the Legislative Compensation Commission to issue more than one report
40 in an even-numbered year;
41 . clarifies the factors that the commission may consider, recommend, and include in
42 its report; and
43 . makes technical changes.
44 Monies Appropriated in this Bill:
45 None
46 Other Special Clauses:
47 None
48 Utah Code Sections Affected:
49 AMENDS:
50 36-2-2, as last amended by Laws of Utah 1999, Chapter 379
51 36-2-3, as last amended by Laws of Utah 2009, Chapter 305
52 36-2-5, as last amended by Laws of Utah 1999, Chapter 379
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 36-2-2 is amended to read:
56 36-2-2. Salaries and expenses of members -- Compensation of in-session
57 employees.
58 [(1) (a) (i) The salary of members of the Legislature is $100 per day for each calendar
59 day for annual general sessions through the year 2000.]
60 [(ii)] (1) (a) Unless rejected or lowered as provided in Section 36-2-3 , [the salary of
61 members of the Legislature] beginning in [the year] 2001 and in each odd-numbered year
62 [thereafter shall be at] after that year, members of the Legislature shall receive a salary equal to

63 the amount recommended by the Legislative Compensation Commission in [its] the last report
64 issued by the commission in the previous even-numbered year.
65 [(b) (i) Members of the Legislature shall also receive $100 per day for each day the
66 legislator attends veto-override and special sessions and other authorized legislative meetings
67 through the year 2000.]
68 [(ii)] (b) Unless rejected or lowered as provided in Section 36-2-3 , [the salary of]
69 beginning in 2001 and in each odd-numbered year after that year, members of the Legislature
70 shall receive a salary for attendance at a veto-override, special session, and other authorized
71 legislative meetings [beginning in the year 2001 and each odd-numbered year thereafter shall
72 be at] equal to the amount recommended by the Legislative Compensation Commission in [its]
73 the last report issued by the commission in the previous even-numbered year.
74 [(2) (a) (i) The president of the Senate and the speaker of the House of Representatives
75 shall receive an additional $1,000 per year through the year 2000.]
76 [(ii)] (2) (a) Unless rejected or lowered as provided in Section 36-2-3 , [the salary of the
77 president of the Senate and the speaker of the House of Representatives] beginning in [the
78 year] 2001 and in each odd-numbered year [thereafter shall be at] after that year, the president
79 of the Senate and the speaker of the House of Representatives shall receive a salary equal to the
80 amount recommended by the Legislative Compensation Commission in [its] the last report
81 issued by the commission in the previous even-numbered year.
82 [(b) (i) The majority and minority leaders of each house shall receive an additional
83 $500 per year through the year 2000.]
84 [(ii) The salary of the majority and minority leadership of each house beginning in the
85 year]
86 (b) Beginning in 2001 and in each odd-numbered year [thereafter shall be at] after that
87 year, the majority and minority leadership of each house shall receive a salary equal to the
88 amount recommended by the Legislative Compensation Commission in [its] the last report
89 issued by the commission in the previous even-numbered year.
90 (3) [(a)] The Legislature shall:
91 (a) establish, by joint rule of the Legislature, the expenses of its members[.]; and
92 (b) [Rules] ensure that the rules governing expenses [shall be] are based upon:
93 (i) payment of necessary expenses for attendance during legislative sessions;

94 (ii) a mileage allowance; and
95 (iii) reimbursement for other expenses involved in the performance of legislative
96 duties.
97 (4) (a) The Legislature shall establish the compensation of in-session employees [of the
98 Legislature shall be fixed] by joint resolution at each session of the Legislature.
99 (b) For necessary work done by [the] in-session employees of the Legislature after the
100 adjournment of [the] a session, [the labor and services rendered shall be approved and attested
101 by] the presiding officer of the house employing that work shall approve payment for the work.
102 Section 2. Section 36-2-3 is amended to read:
103 36-2-3. Salaries of members set by Legislature based on recommendations of
104 Legislative Compensation Commission.
105 (1) (a) Except as provided in Subsections (2) [and], (3), or (4), the salaries of members
106 of the Legislature shall automatically be set beginning January 1st of each odd-numbered year
107 at the amount recommended by the Legislative Compensation Commission in the last report
108 issued by the commission in the preceding even-numbered year.
109 (b) This salary recommendation shall be based on either:
110 (i) a daily basis:
111 (A) for each calendar day for annual general sessions; and
112 (B) for each day a legislator attends veto-override and special sessions and other
113 authorized legislative meetings; or
114 (ii) an annualized salary.
115 (c) In preparing its report, the commission may recommend salary amounts that:
116 (i) take into account the amounts received by legislators for legislative expenses; and
117 (ii) provide alternative salary amounts based upon the occurrence of various
118 contingencies.
119 (2) (a) [The Legislature during] During an even-numbered annual general session or
120 special session in the year immediately preceding the effective date of any salary change, the
121 Legislature may reject or [lower] decrease the salary recommendation, but may not increase the
122 salary recommendation.
123 (b) If the Legislature does not act as provided in Subsection (2)(a), they have by law
124 accepted the Legislative Compensation Commission's recommendations contained in the last

125 report issued by the commission in the preceding even-numbered year.
126 (3) [Notwithstanding] Unless the commission issues a revised report after March 11,
127 2010, and notwithstanding Subsection (2), the salary for a member of the Legislature through
128 calendar year [2010] 2011 is $117 per day for each calendar day that the legislator attends:
129 (a) the annual general session;
130 (b) a veto-override session;
131 (c) a special session; or
132 (d) an authorized legislative meeting.
133 (4) If the last report issued by the commission in an even-numbered year recommends a
134 salary contingent upon certain action being taken by the Legislature, that contingent legislative
135 salary:
136 (a) takes effect on the day after the day that the contingent action is taken by the
137 Legislature; and
138 (b) supersedes any other salary in effect as of January 1.
139 Section 3. Section 36-2-5 is amended to read:
140 36-2-5. Duties of Legislative Compensation Commission.
141 (1) The Legislative Compensation Commission [has the following duties] shall:
142 [(1) It shall] (a) study and formulate recommendations concerning the salary levels for
143 Utah state legislators[. The study should be based];
144 (b) base the study and recommendations upon maintaining a citizen Legislature in
145 Utah, but compensating members fairly for their service in order that all individuals would
146 have an opportunity to serve[. Comparisons with];
147 (c) in developing recommendations, consider the salaries of other similar state
148 legislators and other such factors [should be considered in developing the recommendations.
149 This study does not include a review of the appropriate expense level of legislators.]; and
150 [(2) The commission shall] (d) submit to each member of the Legislature, by January
151 2nd of each even-numbered year, recommendations:
152 (i) concerning changes, if any, which should be made in the salary plan and its
153 administration for state legislators[. This recommendation shall]; and
154 (ii) include a recitation of the provisions of Section 36-2-3 .
155 (2) The Legislative Compensation Commission may issue reports subsequent to

156 January 2 of an even-numbered year containing revised salary recommendations, including
157 salary recommendations contingent upon certain action being taken by the Legislature.
158 (3) As provided in Subsection 36-2-3 (1)(c), in formulating its recommendations, the
159 commission may take into account the amounts received by legislators for legislative expenses,
160 but may not review the propriety of, or recommend amounts for, legislative expenses.