H.B. 327
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7 LONG TITLE
8 General Description:
9 This bill modifies state career service employment provisions to include veterans for
10 positions filled through on-the-job examinations.
11 Highlighted Provisions:
12 This bill:
13 . amends civil service Schedule B to include veterans when filling positions with
14 on-the-job examinations.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 67-19-15 , as last amended by Laws of Utah 2013, Chapter 109
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 67-19-15 is amended to read:
25 67-19-15. Career service -- Exempt positions -- Schedules for civil service
26 positions -- Coverage of career service provisions.
27 (1) Except as otherwise provided by law or by rules and regulations established for
28 federally aided programs, the following positions are exempt from the career service provisions
29 of this chapter and are designated under the following schedules:
30 (a) schedule AA includes the governor, members of the Legislature, and all other
31 elected state officers;
32 (b) schedule AB includes appointed executives and board or commission executives
33 enumerated in Section 67-22-2 ;
34 (c) schedule AC includes all employees and officers in:
35 (i) the office and at the residence of the governor;
36 (ii) the Utah Science Technology and Research Initiative (USTAR);
37 (iii) the Public Lands Policy Coordinating Council;
38 (iv) the Office of the State Auditor; and
39 (v) the Office of the State Treasurer;
40 (d) schedule AD includes employees who:
41 (i) are in a confidential relationship to an agency head or commissioner; and
42 (ii) report directly to, and are supervised by, a department head, commissioner, or
43 deputy director of an agency or its equivalent;
44 (e) schedule AG includes employees in the Office of the Attorney General who are
45 under their own career service pay plan under Sections 67-5-7 through 67-5-13 ;
46 (f) schedule AH includes:
47 (i) teaching staff of all state institutions; and
48 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
49 (A) educational interpreters as classified by the department; or
50 (B) educators as defined by Section 53A-25b-102 ;
51 (g) schedule AN includes employees of the Legislature;
52 (h) schedule AO includes employees of the judiciary;
53 (i) schedule AP includes all judges in the judiciary;
54 (j) schedule AQ includes:
55 (i) members of state and local boards and councils appointed by the governor and
56 governing bodies of agencies;
57 (ii) other local officials serving in an ex officio capacity; and
58 (iii) officers, faculty, and other employees of state universities and other state
59 institutions of higher education;
60 (k) schedule AR includes employees in positions that involve responsibility:
61 (i) for determining policy;
62 (ii) for determining the way in which a policy is carried out; or
63 (iii) of a type not appropriate for career service, as determined by the agency head with
64 the concurrence of the executive director;
65 (l) schedule AS includes any other employee:
66 (i) whose appointment is required by statute to be career service exempt;
67 (ii) whose agency is not subject to this chapter; or
68 (iii) whose agency has authority to make rules regarding the performance,
69 compensation, and bonuses for its employees;
70 (m) schedule AT includes employees of the Department of Technology Services,
71 designated as executive/professional positions by the executive director of the Department of
72 Technology Services with the concurrence of the executive director;
73 (n) schedule AU includes patients and inmates employed in state institutions;
74 (o) employees of the Department of Workforce Services, designated as schedule AW:
75 (i) who are temporary employees that are federally funded and are required to work
76 under federally qualified merit principles as certified by the director; or
77 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
78 based, and who voluntarily apply for and are accepted by the Department of Workforce
79 Services to work in a pay for performance program designed by the Department of Workforce
80 Services with the concurrence of the executive director; and
81 (p) for employees in positions that are temporary, seasonal, time limited, funding
82 limited, or variable hour in nature, under schedule codes and parameters established by the
83 department by administrative rule.
84 (2) The civil service shall consist of two schedules as follows:
85 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
86 (ii) Removal from any appointive position under schedule A, unless otherwise
87 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
88 (b) Schedule B is the competitive career service schedule, consisting of:
89 (i) all positions filled through competitive selection procedures as defined by the
90 executive director; or
91 (ii) positions filled through a department approved on-the-job examination intended to
92 appoint a qualified person with a disability or a veteran as defined in Section 71-10-1 .
93 (3) (a) The executive director, after consultation with the heads of concerned executive
94 branch departments and agencies and with the approval of the governor, shall allocate positions
95 to the appropriate schedules under this section.
96 (b) Agency heads shall make requests and obtain approval from the executive director
97 before changing the schedule assignment and tenure rights of any position.
98 (c) Unless the executive director's decision is reversed by the governor, when the
99 executive director denies an agency's request, the executive director's decision is final.
100 (4) (a) Compensation for employees of the Legislature shall be established by the
101 directors of the legislative offices in accordance with Section 36-12-7 .
102 (b) Compensation for employees of the judiciary shall be established by the state court
103 administrator in accordance with Section 78A-2-107 .
104 (c) Compensation for officers, faculty, and other employees of state universities and
105 institutions of higher education shall be established as provided in Title 53B, [
106 Chapter 1, Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2,
107 Institutions of Higher Education.
108 (d) Unless otherwise provided by law, compensation for all other schedule A
109 employees shall be established by their appointing authorities, within ranges approved by, and
110 after consultation with the executive director of the Department of Human Resource
111 Management.
112 (5) An employee who is in a position designated schedule AC and who holds career
113 service status on June 30, 2010, shall retain the career service status if the employee:
114 (a) remains in the position that the employee is in on June 30, 2010; and
115 (b) does not elect to convert to career service exempt status in accordance with a rule
116 made by the department.
Legislative Review Note
as of 2-5-14 10:19 AM