H.B. 241

1

SALARY INCREASES FOR GOVERNMENT OFFICIALS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Michael R. Styler
5 AN ACT RELATING TO CITIES AND TOWNS, COUNTIES, AND THE LEGISLATURE;
6 MODIFYING PROVISIONS RELATING TO COMPENSATION OF MUNICIPAL AND
7 COUNTY OFFICERS AND THE LEGISLATURE; PROHIBITING INCREASES IN
8 COMPENSATION FROM TAKING PLACE UNTIL AFTER THE NEXT ELECTION;
9 PROVIDING AN EXCEPTION FOR COST-OF-LIVING INCREASES; AND MAKING
10 TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-3-818, as enacted by Chapter 48, Laws of Utah 1977
14 17-16-14, as last amended by Chapter 227, Laws of Utah 1993
15 36-2-3, as last amended by Chapter 20, Laws of Utah 1995
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 10-3-818 is amended to read:
18 10-3-818. Salaries in municipalities.
19 (1) The municipal legislative body may, after a public hearing, establish compensation for
20 the elective and statutory officers of [municipalities shall receive such compensation for their
21 services as the governing body may fix by ordinance] the municipality by adopting ordinances
22 establishing compensation or compensation schedules [enacted after public hearing].
23 (2) (a) Upon its own motion the [governing] municipal legislative body may review or
24 consider the compensation of any municipal officer [or officers of the municipality] or a salary
25 schedule applicable to any officer [or officers] of the city for the purpose of determining whether
26 or not it should be adopted, changed, or amended. [In the event that]
27 (b) If the [governing] municipal legislative body decides that the compensation or

1 compensation schedules should be adopted, changed, or amended, [it] the municipal legislative
2 body shall:
3 (i) set a time and place for a public hearing [at which all interested persons shall be given
4 an opportunity to be heard.];
5 [(3) Notice] (ii) at least seven days before the meeting:
6 (A) publish notice of the date, time, place, and purpose of the meeting [shall be published
7 at least seven days prior thereto by publication] at least once in a newspaper of general circulation
8 published in the county within which the municipality is situated [and generally circulated in the
9 municipality. If]; or
10 (B) if there is no [such] newspaper [then notice shall be given by posting such], post notice
11 of the public hearing in three public places in the municipality; and
12 (iii) at the public hearing, give all interested persons an opportunity to be heard.
13 [(4)] (3) (a) After the [conclusion of the] public hearing, the [governing] municipal
14 legislative body may enact an ordinance [fixing, changing, or amending] that:
15 (i) fixes or changes the compensation of any elective or appointive officer of the
16 municipality; or [adopting]
17 (ii) establishes a compensation schedule applicable to any officer [or officers].
18 (b) (i) Except as provided in Subsection (3)(b)(ii), an increase in compensation for
19 members of the municipal legislative body may not take effect until after the next regular
20 municipal election.
21 (ii) Subsection (3)(b)(i) does not apply to a cost-of-living increase in compensation, not
22 to exceed an amount equal to the decrease in the purchasing power of the dollar during the
23 preceding year, as measured by the Consumer Price Index, prepared by the United States Bureau
24 of Labor Statistics.
25 [(5) Any] (4) An ordinance enacted before [this act] May 5, 1997, by a municipality
26 [establishing] that establishes a salary or compensation schedule for its elective or appointive
27 officers and any salary fixed by [Section 10-6-41 prior to its repeal by this act, shall remain] a
28 municipality before May 5, 1997, remains effective until the municipality has enacted an ordinance
29 [pursuant to the provisions of] complying with this [act] section.
30 [(6) The] (5) (a) (i) Except as provided in Subsection (5)(a)(ii), the compensation of all
31 municipal officers shall be paid at least monthly out of the municipal treasury [provided that

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1 municipalities having].
2 (ii) A municipality that has 1,000 or fewer population may, by ordinance, provide for the
3 payment of its statutory officers less frequently. [None of the provisions of this act shall be
4 deemed to]
5 (b) This section does not limit or restrict the authority [to any] of a municipality that has
6 adopted or does adopt a charter pursuant to Utah Constitution Article XI, [section] Section 5,
7 [Constitution of the State of Utah,] to determine the salaries of its elective and appointive officers
8 or employees.
9 Section 2. Section 17-16-14 is amended to read:
10 17-16-14. Salaries of county officers.
11 [The] (1) Each county legislative body shall:
12 (a) fix the annual salaries of [the] its county officers [of all counties in the state shall be
13 fixed by the respective county legislative bodies, provided no changes shall be made in];
14 (b) before changing the existing salaries of any county [officers until the county legislative
15 body in a county desiring to change existing salaries of county officers shall first] officer, hold a
16 public hearing at which all interested persons [shall be] are given an opportunity to be heard.
17 (2) (a) Except as provided in Subsection (2)(b), an increase in compensation for members
18 of the county legislative body may not take effect until after the next regular general election.
19 (b) Subsection (2)(a) does not apply to a cost-of-living increase in compensation, not to
20 exceed an amount equal to the decrease in the purchasing power of the dollar during the preceding
21 year, as measured by the Consumer Price Index, prepared by the United States Bureau of Labor
22 Statistics.
23 Section 3. Section 36-2-3 is amended to read:
24 36-2-3. Compensation of members set by Legislature based on recommendations of
25 Legislative Compensation Commission.
26 (1) (a) The Legislature shall establish the salary of members of the Legislature [shall be
27 set] at an annual general session based upon recommendations of the Legislative Compensation
28 Commission.
29 (b) The Legislature may accept, reject, or lower the salary recommendation, but may not
30 increase the recommendation.
31 (2) (a) Except as provided in Subsection (2)(b), a salary increase approved by the

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1 Legislature may not take effect until after the next regular general election.
2 (b) Subsection (2)(a) does not apply to a cost-of-living increase in salary, not to exceed
3 an amount equal to the decrease in the purchasing power of the dollar during the preceding year,
4 as measured by the Consumer Price Index, prepared by the United States Bureau of Labor
5 Statistics.




Legislative Review Note
as of 1-9-97 9:21 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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