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H.B. 13 Enrolled






Sponsor: DeMar Bud Bowman

                  This act modifies the Personnel Management Act by repealing the Human Resource
                  Advisory Committee. This act makes conforming changes consistent with the repeal of the
                  committee. This act modifies provisions governing position classification grievances.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                      67-19-3, as last amended by Chapter 192, Laws of Utah 1996
                      67-19-31, as last amended by Chapter 136, Laws of Utah 1995
                      67-19-6.5, as last amended by Chapter 213, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 67-19-3 is amended to read:
                       67-19-3. Definitions.
                      As used in this chapter:
                      (1) "Agency" means any department or unit of Utah state government with authority to
                  employ personnel.
                      (2) "Career service" means positions under Schedule B as defined in Section 67-19-15 .
                      (3) "Career service employee" means an employee who has successfully completed a
                  probationary period of service in a position covered by the career service.
                      (4) "Career service status" means status granted to employees who successfully complete
                  probationary periods for competitive career service positions.
                      (5) "Classified service" means those positions subject to the classification and
                  compensation provisions of Section 67-19-12 .
                      [(6) "Committee" means the Human Resources Advisory Committee created by this

                      [(7)] (6) "Controlled substance" means controlled substance as defined in Section 58-37-2 .
                      [(8)] (7) "Department" means the Department of Human Resource Management.
                      [(9)] (8) "Disability" means a physical or mental disability as defined and protected under
                  the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
                      [(10)] (9) "Employee" means any individual in a paid status covered by the career service
                  or classified service provisions of this chapter.
                      [(11)] (10) "Examining instruments" means written or other types of proficiency tests.
                      [(12)] (11) "Executive director," except where otherwise specified, means the executive
                  director of the department.
                      [(13)] (12) "Market comparability adjustment" means a salary range adjustment determined
                  necessary through a market survey of salary ranges of a reasonable cross section of comparable
                  benchmark positions in private and public employment.
                      [(14)] (13) "Probationary employee" means an employee serving a probationary period in
                  a career service position but who does not have career service status.
                      [(15)] (14) "Probationary period" means that period of time determined by the department
                  that an employee serves in a career service position as part of the hiring process before career service
                  status is granted to the employee.
                      [(16)] (15) "Probationary status" means the status of an employee between the employee's
                  hiring and the granting of career service status.
                      [(17)] (16) "Total compensation" means salaries and wages, bonuses, paid leave, group
                  insurance plans, retirement, and all other benefits offered to state employees as inducements to work
                  for the state.
                      Section 2. Section 67-19-31 is amended to read:
                       67-19-31. Position classification grievances -- Scope -- Procedure.
                      (1) (a) For the purpose of position classification grievances, the process that culminates in
                  assigning a career service position to an appropriate class specification is a matter of position
                  classification and may be grieved.
                      (b) The process that culminates in assigning a salary range to the class specification is not

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                  a position classification and may not be grieved as a classification grievance.
                      (2) (a) Upon receipt of a position classification grievance, the director shall refer the
                  grievance to a classification panel of three or more impartial persons trained in state classification
                      (b) The classification panel shall determine whether or not the classification assignment for
                  career service positions was appropriate by applying the statutes, rules, and procedures adopted by
                  the department that were in effect at the time of the classification change.
                      (c) The classification panel may:
                      (i) obtain access to previous audits, classification decisions, and reports;
                      (ii) request new or additional audits by department or agency personnel analysts; and
                      (iii) consider new or additional information.
                      (d) The classification panel may sustain or modify the original decision and, if applicable,
                  recommend a new classification.
                      (e) The classification panel shall report its recommendation to the director, who shall make
                  the classification decision and notify the grievant.
                      (3) (a) Either party may appeal the director's decision to an impartial hearing officer trained
                  in state classification procedures selected through a public bid process by a panel consisting of the
                  following members:
                      (i) the executive director of the Department of Human Resource Management;
                      (ii) two department executive directors;
                      (iii) [the chairman of the Human Resources Advisory Committee] a private sector human
                  resources executive appointed by the governor; and
                      (iv) a representative of the Utah Public Employees Association.
                      (b) The successful bid shall serve under contract for no more than three years. At the end
                  of that time, the Department of Human Resource Management shall reissue the bid.
                      (c) The hearing officer shall review the classification and make the final decision. The final
                  decision is subject to judicial review pursuant to the provisions of Section 63-46b-15 .
                      Section 3. Repealer.

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                      This act repeals:
                      Section 67-19-6.5, Human Resources Advisory Committee created -- Responsibilities.

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