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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.
{
(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