Sep 24

CITIZEN LEGISLATURE & COMPENSATION

2006 at 6:48 am  |  posted by Rep. Craig Frank 0 comments

Often, people are surprised when they find out my legislative job is a part-time occupation.  For example, at the gym Wednesday morning I ran into an acquaintance and he inquired as to how things were going at the Capitol.  I responded by telling him that we (the Legislature and Governor) had just past an historical dual personal income tax-reform package and gave local governments authorization to further fund additional urgent, prioritized transportation needs.

He explained someday he’d like to get involved in the legislature and inquired as to the salary of a Representative.  That’s always a loaded question.  I enjoy watching the jaw drop of the individual asking the question (the implication, often, is legislators are a bunch of “fat cats” making exorbitant amounts of cash on the backs of the citizenry).  $120 a day, was my answer.  $120 a day?!  Gulp!  And then the next, almost predictable, obligatory, sympathetic question:  How do you live on that?  Well, the fact is, I don’t live on that.  And if it weren’t for my “real” job in the structural steel industry, I could never afford to serve in the state legislature.

Frankly, I, and most Utah State legislators take a substantial “hit” salary-wise to serve in the legislature.  Many legislators stack-up “comp” time and use vacation days at their non-legislative places of employment just so they can take a leave-of-absence for 45 days (33 weekdays).  Many, like myself, are self-employed.  A hand-full of legislators are retired.  And, yet another group subsist on their spouse’s income.

Citizen Legislature

Utah’s Constitution (1896) establishes a citizen legislature.  Since that time, the non-professional, bi-cameral body (House and Senate) has worked diligently to keep government close to the people.  Many special-interest groups believe Utah’s rapid population growth warrants a professional or full-time, centralized legislature—“legislators who can focus in perpetuity on the needs of the people.”  I would simply respond to these individuals and special-interest groups…look at what’s happened to Washington D.C. since the days of our Part-Time Founders.  Case closed.

Constitutional Compensation

The Utah State Constitution also establishes the compensation of the Legislature through a citizen’s salary commission appointed by the Governor.  (By the way, the legislature in turn establishes the salaries of the Executive Branch—there’s a CHECK & BALANCE for ya’!)

  Article VI, Section 9.   [Compensation of legislators -- Citizens' salary commission.]
     The Legislature shall not increase the salaries of its members on its own initiative, but shall provide by law for the appointment by the Governor of a citizens’ salary commission to make recommendations concerning the salaries of members of the Legislature. Upon submission of the commission’s recommendations, the Legislature shall by law accept, reject or lower the salary but may not, in any event, increase the recommendation. The Legislature shall provide by law for the expenses of its members. Until salaries and expenses enacted as authorized by this section become effective, members of the Legislature shall receive compensation of $25 per diem while actually in session, expenses of $15 per diem while actually in session, and mileage as provided by law. (Bolding Added)

Also, from the Utah State Legislative Rules book:  JR-13.06. Compensation.
 
Legislators shall receive the compensation established in Section 36-2-2 and expenses as provided by Joint Rule. (Bolding Added) 
 
(Source: Rules of the Fifty-Sixth Legislature, State of Utah 2006 (Updated February 3, 2006)
 
Also, from the State Code, Statute, Law, whatever you want to call it…
 

36-2-3.   Salaries of members set by Legislature based on recommendations of Legislative Compensation Commission.

     (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 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 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.
 

Let’s Do The Math Together…Shall We?! 

By state constitutional mandate the legislature is convened on the third Monday of January and runs forty-five continuous days (ends first week of March) for the General Session.  While not in General Session, legislators typically meet once a month on the third Wednesday in their Interim Committee Meetings.  Usually, there are no Interim Meetings in March or August.  However, each legislator is assigned to a Sub-Appropriations Committee and will meet twice during the Interim months.  Also, a two day “Site Visit” is not uncommon during the Interim when legislators will travel to various locations throughout the state to visit with local and county governments about issues facing their constituency—this year’s visit was scheduled to the Uintah Basin (Roosevelt and Vernal). Legislators are also compensated for their reasonable expenses while conducting authorized state business.  (Article VI, Section 9 Utah State Constitution.) 

OK…let’s do the math.   45 days (General Session) + nine days (Interim) + two days (Sub-Appropriations) = 56 days (Total).   56 days (Total) x $120/day = $6,720.   WOW!  Did I total that up correctly?  45 + 9 + 2 = 56, and 56 x 120 = 6,720.  Yup, that’s correct.  (I won’t even get into the “less taxes” part.)

Now, the real question to ask is:  How many constituents would re-elect their legislators, from term-to-term, if they only spent 56 days a year hanging out at the Capitol?  None.  Right.  The remainder of a Legislator’s “spare” time throughout the year is spent blogging (sorry, old habits…) holding town meetings, addressing constituent needs, working with County and Municipal leaders on local concerns, etc., etc., etc.  These are the uncompensated hours (many unrecorded) legislators spend away from their spouses, families, and personal pursuits, all in an effort to understand the needs of the individuals in their districts.

Shortly after I was appointed to the Legislature by former Governor Michael Leavitt, a Utah County Legislator and I had a conversation on this very topic.  She explained that for one year she maintained meticulous records of her legislative salary and expenses, also, the hours she spent while working with constituents, General Session, and Interim time.  After tabulating all the bills, the grand total…55¢.   That’s right 55 cents an hour!  I would assume if most legislators accounted for each nickel (and hour), the results would be similar.

It’s A Pleasure To Serve

 Hopefully, you can sense from this blog, legislators don’t work for the pay.  There are many reasons and motivations for why individuals would work for 55 cents an hour (Many of them not rational).   Some feel a sense of civic responsibility.  Some are natural leaders and find an outlet for their talents on the floor and in the committee rooms of the Capitol.  Many have a deep respect, even love, for their neighborhoods and communities. (You ought to see Rep. Mike Noel when he gets passionate about Southern Utah!)  And, yet others have their own personal reasons…(we won’t share here).  Nonetheless, it is a distinct honor to represent the good people of the State of Utah.

 Thank you for the opportunity to serve! 

 


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