First Substitute S.B. 83

Senator Todd Weiler proposes the following substitute bill:

1 LIMITATIONS ON OUTSIDE EMPLOYMENT BY
2 GOVERNMENT EMPLOYEE
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Todd Weiler
6 House Sponsor: Spencer J. Cox
7
8 LONG TITLE
9 General Description:
10 This bill amends and adds provisions to Title 67, Chapter 25, General Requirements for
11 State Officers and Employees.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . prohibits certain types of outside employment by an employee who is under the
16 direction or control of an executive branch elected official; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 67-25-102, as enacted by Laws of Utah 2011, Chapter 442
25 ENACTS:

26 67-25-301, Utah Code Annotated 1953
27 67-25-302, Utah Code Annotated 1953
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 67-25-102 is amended to read:
31 67-25-102. Definitions.
32 As used in this chapter[, "state]:
33 (1) "Career service employee" is as defined in Section 67-19-3 .
34 (2) "Executive branch elected official" means:
35 (a) the governor;
36 (b) the lieutenant governor;
37 (c) the attorney general;
38 (d) the state treasurer; or
39 (e) the state auditor.
40 (3) "Executive branch official" means an individual who:
41 (a) is a management level employee of an executive branch elected official; and
42 (b) is not a career service employee.
43 (4) "State agency" means a department, division, board, council, committee, institution,
44 office, bureau, or other similar administrative unit of the executive branch of state government.
45 Section 2. Section 67-25-301 is enacted to read:
46 Part 3. Restrictions on Outside Employment
47 67-25-301. Title.
48 This part is known as "Restrictions on Outside Employment."
49 Section 3. Section 67-25-302 is enacted to read:
50 67-25-302. Restrictions on outside employment by executive branch employees.
51 (1) An employee who is under the direction or control of an executive branch elected
52 official may not engage in outside employment that:
53 (a) constitutes a conflict of interest
54 (b) interferes with the ability of the employee to fulfill the employee's job
55 responsibilities;
56 (c) constitutes the provision of political services, political consultation, or lobbying; or

57 (d) interferes with the hours that the employee is expected to perform work under the
58 direction or control of an executive branch elected official, unless the employee takes
59 authorized personal leave during the time that the person engages in the outside employment.
60 (2) An executive branch official shall be subject to the same restrictions on outside
61 employment as a career service employee.
62 (3) This section does not prohibit an employee from advocating the position of the
63 state office that employs the employee regarding legislative action or other government action.

[Bill Documents]