Representative Ken Ivory proposes the following substitute bill:




Chief Sponsor: Ken Ivory

Senate Sponsor: Deidre M. Henderson


8     General Description:
9          This bill requires the Legislature to conduct a study on legislative capacity and the
10     duties and responsibilities of state legislators.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a request for proposals to conduct a study to:
14               •     assess and define the fundamental duties of state legislators and their
15     constitutional role, duties, and responsibilities;
16               •     assess the workload and capacity of legislators in their fundamental duties,
17     including preparing, reviewing, and passing legislation; and
18               •     to provide recommendations in order to facilitate legislators to better perform
19     their fundamental duties and responsibilities within the legislative system;
20          ▸     requires the study to analyze current information and also to provide analysis
21     projected into the future, assuming a continued increase in the population of the
22     state;
23          ▸     requires the Legislative Management Committee to award a contract to an
24     individual or entity to conduct the study; and
25          ▸     requires the conclusions of the study to be presented to the Legislature.

26     Money Appropriated in this Bill:
27          This bill appropriates in fiscal year 2019:
28          ▸     to the Legislature - Legislative Services, as a one-time appropriation:
29               •     from the General Fund, One-time $20,000.
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     ENACTS:
34          36-32-101, Utah Code Annotated 1953
35          36-32-103, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 36-32-101 is enacted to read:

40          36-32-101. Title.
41          This chapter is known as "Legislative Capacity Study."
42          Section 2. Section 36-32-103 is enacted to read:
43          36-32-103. Legislative Capacity Study -- Requirements -- Reporting -- Funding.
44          (1) (a) The Legislature shall conduct a study to:
45          (i) assess and define the fundamental duties of state legislators and their constitutional
46     role, duties, and responsibilities, which shall include an analysis of Article I, Section 27 of the
47     Utah Constitution, which provisions states "Frequent recurrence to fundamental principles is
48     essential to the security of individual rights and the perpetuity of free government";
49          (ii) assess the workload and capacity of the legislative system in supporting legislators
50     in their fundamental duties, including preparing, reviewing, and passing legislation, and the
51     capacities of legislative staff and legislators working within the system;
52          (iii) provide recommendations to the Legislature to facilitate legislators in the efficient
53     and effective fulfillment of their fundamental duties and responsibilities within the legislative
54     system, including both actions to undertake and actions to refrain from; and
55          (iv) any other requirements or findings approved by the Legislative Management
56     Committee.

57          (b) The study shall address and evaluate the items in Subsection (1)(a) as they exist
58     currently, and also projected into the future, assuming a continued increase in the population of
59     the state.
60          (c) The study shall provide, in detail, the methods and data used to arrive at the
61     findings and recommendations resulting from the study.
62          (2) (a) The Legislative Management Committee shall, in accordance with the
63     requirements of Title 63G, Chapter 6a, Utah Procurement Code, issue a contract to an entity or
64     individual to conduct the study authorized under this section using standard procurement
65     procedures and best value procurement.
66          (3) The entity or individual conducting the study shall:
67          (a) complete the study no later than November 1, 2019;
68          (b) present the findings of the study to the Legislative Management Committee and the
69     Government Operations Committee no later than November 30, 2019; and
70          (c) provide to the committees written findings and a written analysis of the methods
71     and data used in the survey as part of their verbal presentation.
72          (4) The total cost of conducting and presenting the study shall not exceed the amount
73     appropriated in the bill authorizing the study.
74          Section 3. Appropriation.
75          The following sums of money are appropriated for the fiscal year beginning July 1,
76     2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
77     fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
78     Act, the Legislature appropriates the following sums of money from the funds or accounts
79     indicated for the use and support of the government of the state of Utah.
80     ITEM 1
81          To Legislature - Legislative Services
82               From General Fund, One-time

83               Schedule of Programs:
84                    Administration                         $20,000
85          The Legislature intends that the amount provided by this item be used to conduct and
86     present the study and opinion authorized under Title 36, Chapter 32, Legislative Capacity
87     Study.

88          Section 4. Effective date.
89          If approved by two-thirds of all the members elected to each house, this bill takes effect
90     upon approval by the governor, or the day following the constitutional time limit of Utah
91     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
92     the date of veto override.