First Substitute H.J.R. 13

Representative Wayne A. Harper proposes the following substitute bill:

1 JOINT RESOLUTION TO IMPLEMENT LEGISLATIVE
2 COMPENSATION JOINT RULES CHANGES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne A. Harper
6 Senate Sponsor: Scott K. Jenkins
7
8 LONG TITLE
9 General Description:
10 This resolution of the Legislature modifies joint and interim rules.
11 Highlighted Provisions:
12 This resolution:
13 . modifies definitions;
14 . provides that lodging expenses are only paid to a legislator as a reimbursement for
15 actual expenses incurred by the legislator when attending an authorized legislative
16 meeting;
17 . limits lodging expense reimbursements to the federal per diem rates for Salt Lake
18 City;
19 . provides that meals and incidental expenses are only paid to a legislator as a
20 reimbursement for actual expenses incurred by the legislator when attendance at an
21 authorized legislative meeting necessitates overnight lodging;
22 . limits meals and incidental expense reimbursements to the federal per diem rates for
23 Salt Lake City;
24 . provides that transportation costs are only paid to a legislator as a reimbursement
25 for actual expenses incurred by the legislator for travel to and from an authorized

26 legislative meeting;
27 . requires transportation cost reimbursements to be based on the federal privately
28 owned vehicle mileage reimbursement rate or on the actual cost incurred for
29 commercial or public transportation;
30 . requires legislators to submit supporting documentation with each reimbursement
31 request;
32 . requires the Legislative Expenses Oversight Committee to ensure that procedures
33 are established for the purpose of avoiding duplicate or improper reimbursements;
34 . permits a legislator to decline to request or receive reimbursement for costs or
35 expenses;
36 . permits a legislator to request and receive a partial or reduced reimbursement
37 amount;
38 . modifies provisions governing out-of-state reimbursements for consistency with
39 legislative meeting expense reimbursement procedures;
40 . repeals provisions that apply different expense policies for the general session,
41 including reimbursement for meals and incidentals as opposed to other sessions and
42 meetings; and
43 . makes technical changes.
44 Special Clauses:
45 None
46 Legislative Rules Affected:
47 AMENDS:
48 IR1-1-202
49 IR1-1-203
50 IR3-1-102
51 JR5-1-101
52 JR5-1-102
53 JR5-2-102
54 JR5-4-101
55 ENACTS:
56 JR5-2-103

57 JR5-2-104
58 JR5-4-102
59 JR5-4-103
60 REPEALS AND REENACTS:
61 JR5-2-101
62 REPEALS:
63 JR5-3-101
64 JR5-3-102
65 JR5-3-103
66
67 Be it resolved by the Legislature of the state of Utah:
68 Section 1. IR1-1-202 is amended to read:
69 IR1-1-202. Interim Committees -- Creation and Organization of Subcommittees.
70 (1) An interim committee may establish one or more subcommittees if:
71 (a) a majority of the interim committee votes to create the subcommittee;
72 (b) the [per diem and] lodging, meals and incidental expenses, and travel expenses of
73 the subcommittee members can be adequately covered within the budget of the interim
74 committee; and
75 (c) the interim committee solicits and receives approval from the Legislative
76 Management Committee to create the subcommittee.
77 (2) The interim committee shall establish the powers and duties of the subcommittee.
78 (3) The cochairs of the interim committee shall:
79 (a) appoint at least four legislators to serve on the subcommittee from the membership
80 of the interim committee that created the subcommittee; and
81 (b) appoint at least one additional legislator who is a member of the interim committee
82 that created the subcommittee as chair of the subcommittee.
83 Section 2. IR1-1-203 is amended to read:
84 IR1-1-203. Special Committees -- Creation and Organization of Subcommittees.
85 (1) A special committee may not create a subcommittee unless:
86 (a) the legislation creating the special committee authorizes the creation of a
87 subcommittee; and

88 (b) the [per diem and] lodging, meals and incidental expenses, and travel expenses of
89 the subcommittee members can be adequately covered from the budget of the special
90 committee.
91 (2) Notwithstanding Subsection (1), a special committee may create a subcommittee if:
92 (a) the legislation creating the special committee does not explicitly prohibit the
93 creation of a subcommittee;
94 (b) the Legislative Management Committee approves creation of the subcommittee;
95 and
96 (c) the [per diem and] lodging, meals and incidental expenses, and travel expenses of
97 the subcommittee members can be adequately covered from the budget of the special
98 committee.
99 Section 3. IR3-1-102 is amended to read:
100 IR3-1-102. Rights of Members to Attend Meetings -- Nonmembers of the
101 Committee or Subcommittee May Not Vote.
102 (1) Any member of the Legislature may:
103 (a) attend any meeting of an interim committee or any of its subcommittees; and
104 (b) if recognized by the chair, present the member's views on any subject under
105 consideration by the committee or subcommittee.
106 (2) Notwithstanding Subsection (1), a legislator must be a member of the committee or
107 subcommittee in order to:
108 (a) vote on any decision of the committee or subcommittee; or
109 (b) receive [per diem] reimbursement for lodging, meals and incidental expenses, or
110 travel expenses for attending the meeting unless approval for receiving [per diem] the
111 reimbursement is obtained from the Legislative Expenses Oversight Committee of the chamber
112 in which the legislator is a member.
113 Section 4. JR5-1-101 is amended to read:
114 JR5-1-101. Definitions.
115 As used in this title[: (1) "Authorized] "authorized legislative meeting" means:
116 (1) the annual general session;
117 [(a)] (2) special sessions;
118 [(b)] (3) veto override sessions;

119 [(c)] (4) interim committee and subcommittee meetings;
120 [(d)] (5) management committee and subcommittee meetings;
121 [(e)] (6) executive appropriation and subcommittee meetings; and
122 [(f)] (7) the meetings of any other body where legislative participation is required by
123 law or authorized by the Legislative Management Committee.
124 [(2) "Mileage" means the mileage reimbursement allowance approved by the Division
125 of Finance for state employees.]
126 Section 5. JR5-1-102 is amended to read:
127 JR5-1-102. Legislative Expenses Oversight Committee.
128 (1) The presiding officer and the majority leader and minority leader of each house are
129 the Legislative Expenses Oversight Committee for that house.
130 (2) Each committee shall:
131 (a) establish procedures to implement the rules on legislative expenses, including
132 establishing vouchering systems and procedures for the disbursement of legislative expenses;
133 [and]
134 (b) ensure that legislators do not receive duplicate or improper reimbursements; and
135 [(b)] (c) meet at least annually, or at the request of a majority of the committee, to
136 review legislative expenses and travel budgets.
137 (3) The presiding officer may authorize temporary emergency legislative expenses.
138 Section 6. JR5-2-101 is repealed and reenacted to read:
139 CHAPTER 2. REIMBURSEMENTS FOR OVERNIGHT LODGING AND
140 MEAL AND INCIDENTAL EXPENSES
141 JR5-2-101. Reimbursement of Lodging Expenses -- Reimbursement of Meals and
142 Incidental Expenses.
143 If attendance at an authorized legislative meeting necessitates overnight lodging, a
144 legislator is entitled to receive reimbursement for any actual:
145 (1) lodging expenses incurred by the legislator, not to exceed the federal per diem
146 lodging rates for Salt Lake City; and
147 (2) meals and incidental expenses incurred by the legislator, not to exceed the federal
148 per diem meals and incidental expenses rates for Salt Lake City.
149 Section 7. JR5-2-102 is amended to read:

150 JR5-2-102. Reimbursement of Travel Expenses.
151 [(1) This rule governs transportation costs incurred by legislators when the Legislature
152 is in annual general session.]
153 [(2) (a) Each legislator shall receive transportation costs to and from the session.]
154 [(b) These costs] (1) A legislator is entitled to receive reimbursement for any travel
155 expenses incurred by the legislator in association with the legislator's attendance at an
156 authorized legislative meeting.
157 (2) Any travel expenses reimbursed under this section shall be computed on the basis
158 of:
159 (a) the actual mileage [for private automobile use] incurred by the legislator for the
160 legislator's non-commercial travel to and from the authorized legislative meeting, to be
161 calculated in accordance with the mileage reimbursement allowance approved by the Division
162 of Finance for state employees; or
163 (b) the actual cost [of alternative commercial transportation] incurred by the legislator
164 for commercial or public transportation to and from the authorized legislative meeting.
165 Section 8. JR5-2-103 is enacted to read:
166 JR5-2-103. Verification -- Procedures.
167 (1) Each legislator shall provide supporting documentation for each cost or expense for
168 which the legislator seeks reimbursement under this chapter.
169 (2) The Legislative Expenses Oversight Committee shall ensure that procedures are
170 established for the purpose of avoiding duplicate or improper reimbursements.
171 Section 9. JR5-2-104 is enacted to read:
172 JR5-2-104. Declining Reimbursement and Reduced Reimbursement.
173 (1) A legislator may decline to request or receive reimbursement for any expense or
174 cost that is reimbursable under this chapter.
175 (2) A legislator may request and receive a partial or reduced reimbursement for any
176 expense or cost that is reimbursable under this chapter.
177 Section 10. JR5-4-101 is amended to read:
178 JR5-4-101. Reimbursement for Costs of Out-of-State Travel.
179 The following rules govern reimbursement for out-of-state travel by legislators:
180 (1) [(a)] Subject to [Subsections (1)(b) and (1)(c), legislators shall] the requirements of

181 this section, a legislator is entitled to receive reimbursement for all approved actual and
182 necessary expenses associated with the legislator's out-of-state travel on legislative business.
183 [(b)] (2) The presiding officer, the majority leader, and the minority leader shall meet
184 annually to establish a policy governing out-of-state travel, including the process for [them to
185 approve out of state] approving out-of-state travel and [approve] authorizing reimbursement of
186 expenses for that travel as required under Utah Code Section 36-12-17 .
187 [(c)] (3) If a legislator elects to travel to an out-of-state destination by private
188 automobile, the legislator shall receive the lesser of:
189 (a) the actual mileage incurred by the legislator for the legislator's private automobile
190 use, to be calculated in accordance with the mileage reimbursement allowance approved by the
191 Division of Finance for state employees; or
192 (b) the actual cost [of alternative commercial transportation, whichever is less]
193 incurred by the legislator for commercial or public transportation to and from the location of
194 the out-of-state legislative business.
195 [(2)] (4) Each legislator shall provide supporting documentation for each expense for
196 which the legislator seeks reimbursement under this chapter.
197 Section 11. JR5-4-102 is enacted to read:
198 JR5-4-102. Verification -- Procedures.
199 (1) Each legislator shall provide supporting documentation for each cost or expense for
200 which the legislator seeks reimbursement under this chapter.
201 (2) The Legislative Expenses Oversight Committee shall ensure that procedures are
202 established for the purpose of avoiding duplicate or improper reimbursements.
203 Section 12. JR5-4-103 is enacted to read:
204 JR5-4-103. Declining Reimbursement and Reduced Reimbursement.
205 (1) A legislator may decline to request or receive reimbursement for any expense or
206 cost that is reimbursable under this chapter.
207 (2) A legislator may request and receive a partial or reduced reimbursement for any
208 expense or cost that is reimbursable under this chapter.
209 Section 13. Repealer.
210 This resolution repeals:
211 JR5-3-101, Meals and Incidental Expense Reimbursement for Authorized

212 Legislative Meetings, Special Sessions, and Veto Override Sessions.
213 JR5-3-102, Lodging Expense Reimbursement for Authorized Legislative
214 Meetings, Special Sessions, and Veto Override Sessions.
215 JR5-3-103, Travel Expense Reimbursement for Authorized Legislative Meetings,
216 Special Sessions, and Veto Override Sessions.