S.B. 5 Enrolled

1

EXECUTIVE COMPENSATION REVISIONS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Curtis S. Bramble
5 House Sponsor: David Clark
6
7 LONG TITLE
8 General Description:
9 This bill increases compensation for the state's constitutional officers and adds two
10 positions to the list of appointed executives.
11 Highlighted Provisions:
12 This bill:
13 . increases compensation for the governor, lieutenant governor, attorney general, state
14 treasurer, and state auditor;
15 . provides that the state auditor's salary is 95% of the governor's salary;
16 . adds the executive directors of the Department of Veterans Affairs and the Utah
17 Sports Authority to the list of appointed executives whose salary is governed by the
18 appointed executives' compensation plan; and
19 . makes technical corrections.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on June 28, 2008.
24 Utah Code Sections Affected:
25 AMENDS:
26 67-22-1, as last amended by Laws of Utah 2007, Chapters 13 and 73
27 67-22-2, as last amended by Laws of Utah 2007, Chapters 34 and 73
28
29 Be it enacted by the Legislature of the state of Utah:

30 Section 1. Section 67-22-1 is amended to read:
31 67-22-1. Compensation -- Constitutional offices.
32 (1) The Legislature fixes salaries for the constitutional offices as follows:
33 (a) governor: [$107,200] $109,900;
34 (b) lieutenant governor: 95% of the governor's salary;
35 (c) attorney general: 95% of the governor's salary;
36 (d) state auditor: [$86,000] 95% of the governor's salary beginning
37 June 28, 2008; and
38 (e) state treasurer: 95% of the governor's salary [beginning]
39 [July 1, 2007].
40 (2) The Legislature fixes benefits for the constitutional offices as follows:
41 (a) Governor:
42 (i) a vehicle for official and personal use;
43 (ii) housing;
44 (iii) household and security staff;
45 (iv) household expenses;
46 (v) retirement benefits as provided in Title 49;
47 (vi) health insurance;
48 (vii) dental insurance;
49 (viii) basic life insurance;
50 (ix) workers' compensation;
51 (x) required employer contribution to Social Security;
52 (xi) long-term disability income insurance; and
53 (xii) the same additional state paid life insurance available to other noncareer service
54 employees.
55 (b) Lieutenant governor, attorney general, state auditor, and state treasurer:
56 (i) a vehicle for official and personal use;
57 (ii) the option of participating in a state retirement system established by Title 49,

58 Chapter 12, Public Employees' Contributory Retirement Act, or Chapter 13, Public Employees'
59 Noncontributory Retirement Act, or in a deferred compensation plan administered by the State
60 Retirement Office, in accordance with the Internal Revenue Code and its accompanying rules
61 and regulations;
62 (iii) health insurance;
63 (iv) dental insurance;
64 (v) basic life insurance;
65 (vi) workers' compensation;
66 (vii) required employer contribution to Social Security;
67 (viii) long-term disability income insurance; and
68 (ix) the same additional state paid life insurance available to other noncareer service
69 employees.
70 (c) Each constitutional office shall pay the cost of the additional state-paid life insurance
71 for its constitutional officer from its existing budget.
72 Section 2. Section 67-22-2 is amended to read:
73 67-22-2. Compensation -- Other state officers.
74 (1) As used in this section:
75 (a) "Appointed executive" means the:
76 (i) Commissioner of the Department of Agriculture and Food;
77 (ii) Commissioner of the Insurance Department;
78 (iii) Commissioner of the Labor Commission;
79 (iv) Director, Alcoholic Beverage Control Commission;
80 (v) Commissioner of the Department of Financial Institutions;
81 (vi) Executive Director, Department of Commerce;
82 (vii) Executive Director, Commission on Criminal and Juvenile Justice;
83 (viii) Adjutant General;
84 (ix) Executive Director, Department of Community and Culture;
85 (x) Executive Director, Department of Corrections;

86 (xi) Commissioner, Department of Public Safety;
87 (xii) Executive Director, Department of Natural Resources;
88 (xiii) Director, Governor's Office of Planning and Budget;
89 (xiv) Executive Director, Department of Administrative Services;
90 (xv) Executive Director, Department of Human Resource Management;
91 (xvi) Executive Director, Department of Environmental Quality;
92 (xvii) Director, Governor's Office of Economic Development;
93 (xviii) Executive Director, Utah Science Technology and Research Governing
94 Authority;
95 (xix) Executive Director, Department of Workforce Services;
96 (xx) Executive Director, Department of Health, Nonphysician;
97 (xxi) Executive Director, Department of Human Services;
98 (xxii) Executive Director, Department of Transportation; [and]
99 (xxiii) Executive Director, Department of Technology Services[.];
100 (xxiv) Executive Director, Department of Veterans Affairs; and
101 (xxv) Executive Director, Utah Sports Authority.
102 (b) "Board or commission executive" means:
103 (i) Members, Board of Pardons and Parole;
104 (ii) Chair, State Tax Commission;
105 (iii) Commissioners, State Tax Commission;
106 (iv) Executive Director, State Tax Commission;
107 (v) Chair, Public Service Commission; and
108 (vi) Commissioners, Public Service Commission.
109 (c) "Deputy" means the person who acts as the appointed executive's second in
110 command as determined by the Department of Human Resource Management.
111 (2) (a) The executive director of the Department of Human Resource Management
112 shall:
113 (i) before October 31 of each year, recommend to the governor a compensation plan for

114 the appointed executives and the board or commission executives; and
115 (ii) base those recommendations on market salary studies conducted by the Department
116 of Human Resource Management.
117 (b) (i) The Department of Human Resource Management shall determine the salary
118 range for the appointed executives by:
119 (A) identifying the salary range assigned to the appointed executive's deputy;
120 (B) designating the lowest minimum salary from those deputies' salary ranges as the
121 minimum salary for the appointed executives' salary range; and
122 (C) designating 105% of the highest maximum salary range from those deputies' salary
123 ranges as the maximum salary for the appointed executives' salary range.
124 (ii) If the deputy is a medical doctor, the Department of Human Resource Management
125 may not consider that deputy's salary range in designating the salary range for appointed
126 executives.
127 (c) In establishing the salary ranges for board or commission executives, the
128 Department of Human Resource Management shall set the maximum salary in the salary range
129 for each of those positions at [90 percent] 90% of the salary for district judges as established in
130 the annual appropriation act under Section 67-8-2 .
131 (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
132 specific salary for each appointed executive within the range established under Subsection
133 (2)(b).
134 (ii) If the executive director of the Department of Health is a physician, the governor
135 shall establish a salary within the highest physician salary range established by the Department of
136 Human Resource Management.
137 (iii) The governor may provide salary increases for appointed executives within the
138 range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
139 (b) The governor shall apply the same overtime regulations applicable to other FLSA
140 exempt positions.
141 (c) The governor may develop standards and criteria for reviewing the appointed

142 executives.
143 (4) Salaries for other Schedule A employees, as defined in Section 67-19-15 , that are
144 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
145 Act, shall be established as provided in Section 67-19-15 .
146 (5) (a) The Legislature fixes benefits for the appointed executives and the board or
147 commission executives as follows:
148 (i) the option of participating in a state retirement system established by Title 49, Utah
149 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
150 the State Retirement Office in accordance with the Internal Revenue Code and its
151 accompanying rules and regulations;
152 (ii) health insurance;
153 (iii) dental insurance;
154 (iv) basic life insurance;
155 (v) unemployment compensation;
156 (vi) workers' compensation;
157 (vii) required employer contribution to Social Security;
158 (viii) long-term disability income insurance;
159 (ix) the same additional state-paid life insurance available to other noncareer service
160 employees;
161 (x) the same severance pay available to other noncareer service employees;
162 (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
163 follows:
164 (A) sick leave;
165 (B) converted sick leave if accrued prior to January 1, 2014;
166 (C) educational allowances;
167 (D) holidays; and
168 (E) annual leave except that annual leave shall be accrued at the maximum rate
169 provided to Schedule B state employees;

170 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
171 provided by law or rule upon resignation or retirement according to the same criteria and
172 procedures applied to Schedule B state employees;
173 (xiii) the option to purchase additional life insurance at group insurance rates according
174 to the same criteria and procedures applied to Schedule B state employees; and
175 (xiv) professional memberships if being a member of the professional organization is a
176 requirement of the position.
177 (b) Each department shall pay the cost of additional state-paid life insurance for its
178 executive director from its existing budget.
179 (6) The Legislature fixes the following additional benefits:
180 (a) for the executive director of the State Tax Commission a vehicle for official and
181 personal use;
182 (b) for the executive director of the Department of Transportation a vehicle for official
183 and personal use;
184 (c) for the executive director of the Department of Natural Resources a vehicle for
185 commute and official use;
186 (d) for the Commissioner of Public Safety:
187 (i) an accidental death insurance policy if POST certified; and
188 (ii) a public safety vehicle for official and personal use;
189 (e) for the executive director of the Department of Corrections:
190 (i) an accidental death insurance policy if POST certified; and
191 (ii) a public safety vehicle for official and personal use;
192 (f) for the Adjutant General a vehicle for official and personal use; and
193 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
194 official use.
195 Section 3. Effective date.
196 This bill takes effect on June 28, 2008.