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H.B. 319 Enrolled
LONG TITLE
General Description:
This bill modifies provisions of the Personnel Management Act to change the
Department of Human Resource Management to a division under the Department of
Administrative Services.
Highlighted Provisions:
This bill:
. provides that the Department of Human Resource Management shall be changed to
a division within the Department of Administrative Services;
. changes the name of the Department of Human Resource Management to the
Division of Human Resource Management;
. provides that the Division of Human Resource Management shall be administered
by a director appointed by the governor with the consent of the Senate;
. provides that the director shall be accountable to the executive director of the
Department of Administrative Services;
. removes the director's discretion to appoint division directors and program
managers;
. provides that the director of the Division of Human Resource Management shall be
responsible for administering the human resource program for the state and for all
departments;
. provides that policies set by the Division of Human Resource Management shall take
precedence over conflicting policies and practices;
. eliminates the Utah Quality Service Award program;
. terminates existing procedures for performing human resource services for various
departments and permits the Division of Human Resource Management to establish
field offices in departments;
. eliminates the ability for departments to provide certain human resource management
functions;
. provides a listing of required provisions for agreements governing field offices in
departments;
. provides for allocation of the cost of department facilities, equipment, and supplies
that are used by a division field office;
. requires the director of the Division of Human Resource Management to submit an
annual budget request for the approval of the governor and the Legislature;
. provides the director of the Division of Human Resource Management with
responsibility to design and administer the state recruitment and selection system;
. changes the date for submission of market comparability adjustments to coincide with
the date that the compensation package recommendation is due; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2006.
Utah Code Sections Affected:
AMENDS:
13-1a-3, as last amended by Chapter 79, Laws of Utah 1996
35A-1-205, as last amended by Chapter 17, Laws of Utah 2003
49-20-401, as last amended by Chapter 118, Laws of Utah 2004
53-6-104, as renumbered and amended by Chapter 234, Laws of Utah 1993
53A-24-114, as last amended by Chapter 352, Laws of Utah 2004
53C-1-201, as last amended by Chapters 41 and 63, Laws of Utah 2004
54-1-6, as last amended by Chapters 101 and 122, Laws of Utah 1988
54-4a-3, as last amended by Chapter 122, Laws of Utah 1988
61-1-18, as last amended by Chapter 145, Laws of Utah 2001
62A-15-613, as renumbered and amended by Chapter 8, Laws of Utah 2002, Fifth Special
Session
63-5b-102, as last amended by Chapters 14 and 159, Laws of Utah 2002
63-13-2, as last amended by Chapter 306, Laws of Utah 2000
63-34-12, as last amended by Chapter 122, Laws of Utah 1988
63A-1-109, as last amended by Chapter 356, Laws of Utah 2004
63A-9-501, as last amended by Chapter 5, Laws of Utah 2003
63A-9-801, as last amended by Chapter 209, Laws of Utah 2003
67-5-7, as last amended by Chapter 122, Laws of Utah 1988
67-5-9, as last amended by Chapter 122, Laws of Utah 1988
67-5-12, as last amended by Chapter 191, Laws of Utah 1989
67-8-3, as last amended by Chapter 250, Laws of Utah 2002
67-8-5, as last amended by Chapter 214, Laws of Utah 1995
67-19-3, as last amended by Chapter 7, Laws of Utah 2002
67-19-3.1, as enacted by Chapter 322, Laws of Utah 2000
67-19-5, as last amended by Chapter 176, Laws of Utah 2002
67-19-6, as last amended by Chapter 4, Laws of Utah 2003
67-19-6.7, as last amended by Chapters 82 and 375, Laws of Utah 1997
67-19-11, as last amended by Chapter 122, Laws of Utah 1988
67-19-12, as last amended by Chapter 16, Laws of Utah 2003
67-19-12.2, as enacted by Chapter 231, Laws of Utah 2001
67-19-12.5, as enacted by Chapter 200, Laws of Utah 1989
67-19-12.7, as enacted by Chapter 125, Laws of Utah 1999
67-19-12.9, as last amended by Chapter 14, Laws of Utah 2002, Fifth Special Session
67-19-13, as enacted by Chapter 139, Laws of Utah 1979
67-19-15, as last amended by Chapter 213, Laws of Utah 1997
67-19-15.1, as enacted by Chapter 128, Laws of Utah 1994
67-19-19, as last amended by Chapter 122, Laws of Utah 1988
67-19-26, as enacted by Chapter 139, Laws of Utah 1979
67-19-31, as last amended by Chapter 7, Laws of Utah 2002
67-19-33, as enacted by Chapter 280, Laws of Utah 1990
67-19-34, as last amended by Chapter 259, Laws of Utah 1991
67-19-36, as enacted by Chapter 280, Laws of Utah 1990
67-19-37, as enacted by Chapter 280, Laws of Utah 1990
67-19-38, as enacted by Chapter 280, Laws of Utah 1990
67-19a-303, as last amended by Chapter 204, Laws of Utah 1991
67-19c-101, as last amended by Chapters 82 and 375, Laws of Utah 1997
67-20-8, as last amended by Chapter 213, Laws of Utah 1997
67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
72-1-203, as renumbered and amended by Chapter 270, Laws of Utah 1998
ENACTS:
67-19-6.1, Utah Code Annotated 1953
REPEALS:
67-19-6.4, as enacted by Chapter 156, Laws of Utah 1997
67-19-7, as last amended by Chapter 139, Laws of Utah 1989
67-19-8, as last amended by Chapter 4, Laws of Utah 2003
67-19-9, as enacted by Chapter 139, Laws of Utah 1979
67-19-10, as enacted by Chapter 139, Laws of Utah 1979
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 13-1a-3 is amended to read:
13-1a-3. Employment and compensation of personnel -- Compensation of director.
The director, with the approval of the executive director, may employ personnel necessary
to carry out the duties and responsibilities of the division at salaries established by the executive
director according to standards established by the [
Management. The executive director shall establish the salary of the director according to
standards established by the [
Section 2. Section 35A-1-205 is amended to read:
35A-1-205. Workforce Appeals Board -- Chair -- Appointment -- Compensation --
Qualifications.
(1) There is created the Workforce Appeals Board within the department consisting of
one or more panels to hear and decide appeals from the decision of an administrative law judge.
(2) (a) A panel shall consist of three impartial members appointed by the governor as
follows:
(i) the board chair, appointed in accordance with Subsection (5);
(ii) one member appointed to represent employers; and in making this appointment, the
governor shall consider nominations from employer organizations; and
(iii) one member appointed to represent employees; and in making this appointment, the
governor shall consider nominations from employee organizations.
(b) No more than two members of a panel may belong to the same political party.
(3) (a) (i) The term of a member shall be six years beginning on March 1 of the year the
member is appointed, except as otherwise provided in Subsection (3)(a)(ii).
(ii) The governor shall, at the time of appointment or reappointment, adjust the length of
terms to ensure that the terms of members are staggered so that approximately one third of the
members are appointed every two years.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(c) The governor may remove a member for inefficiency, neglect of duty, malfeasance or
misfeasance in office, or other good and sufficient cause.
(d) A member shall hold office until a successor is appointed and has qualified.
(4) (a) Except as provided in Subsection (4)(c), a member of the board may not receive
compensation for the member's services, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107 .
(b) A member may decline to receive per diem and expenses for the member's service.
(c) The member appointed as board chair in accordance with Subsection (5) shall be
compensated at an hourly rate determined by the [
Management in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
(5) (a) The chief officer of the board shall be the chair, who shall serve as the executive
and administrative head of the board.
(b) The chair shall be appointed by the governor to represent the public and may be
removed from that position at the will of the governor.
(c) The chair shall be experienced in administration and possess any additional
qualifications determined by the governor.
(6) (a) The chair shall designate an alternate from a panel appointed under this section:
(i) in the absence of a regular member or the chair; or
(ii) if the regular member or the chair has a conflict of interest.
(b) Each case shall be decided by a full three-member panel.
(7) The department shall provide the Workforce Appeals Board necessary staff support,
except, the board may employ, retain, or appoint legal counsel.
Section 3. Section 49-20-401 is amended to read:
49-20-401. Program -- Powers and duties.
(1) The program shall:
(a) act as a self-insurer of employee benefit plans and administer those plans;
(b) enter into contracts with private insurers or carriers to underwrite employee benefit
plans as considered appropriate by the program;
(c) indemnify employee benefit plans or purchase commercial reinsurance as considered
appropriate by the program;
(d) provide descriptions of all employee benefit plans under this chapter in cooperation
with covered employers;
(e) process claims for all employee benefit plans under this chapter or enter into
contracts, after competitive bids are taken, with other benefit administrators to provide for the
administration of the claims process;
(f) obtain an annual actuarial review of all health and dental benefit plans and a periodic
review of all other employee benefit plans;
(g) consult with the covered employers to evaluate employee benefit plans and develop
recommendations for benefit changes;
(h) annually submit a budget and audited financial statements to the governor and
Legislature which includes total projected benefit costs and administrative costs;
(i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
liabilities of the employee benefit plans as certified by the program's consulting actuary;
(j) submit its recommended benefit adjustments for state employees to the director of the
state [
(k) determine benefits and rates, upon approval of the board, for multiemployer risk
pools, retiree coverage, and conversion coverage;
(l) determine benefits and rates, upon approval of the board and the Legislature, for state
employees;
(m) administer benefits and rates, upon ratification of the board, for single employer risk
pools;
(n) request proposals for provider networks or health and dental benefit plans
administered by third party carriers at least once every three years for the purposes of:
(i) stimulating competition for the benefit of covered individuals;
(ii) establishing better geographical distribution of medical care services; and
(iii) providing coverage for both active and retired covered individuals;
(o) offer proposals which meet the criteria specified in a request for proposals and
accepted by the program to active and retired state covered individuals and which may be offered
to active and retired covered individuals of other covered employers at the option of the covered
employer;
(p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for the
Department of Health if the program provides program benefits to children enrolled in the Utah
Children's Health Insurance Program created in Title 26, Chapter 40, Utah Children's Health
Insurance Act;
(q) establish rules and procedures governing the admission of political subdivisions or
educational institutions and their employees to the program;
(r) contract directly with medical providers to provide services for covered individuals;
and
(s) take additional actions necessary or appropriate to carry out the purposes of this
chapter.
(2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
employers and covered individuals.
(b) Administrative costs shall be approved by the board and reported to the governor and
the Legislature.
(3) The [
benefit adjustments described in Subsection (1)(j) in the total compensation plan recommended
to the governor required under Subsection 67-19-12 (6)(a).
Section 4. Section 53-6-104 is amended to read:
53-6-104. Appointment of director of division -- Qualifications -- Appointment of
employees -- Term of office -- Compensation.
(1) The commissioner, upon recommendation of the council and with the approval of the
governor, shall appoint a director of the division.
(2) The director is the executive and administrative head of the division and shall be
experienced in administration and possess additional qualifications as determined by the
commissioner and as provided by law.
(3) The director shall be a full-time officer of the state.
(4) The director may appoint deputies, consultants, clerks, and other employees from
eligibility lists authorized by the [
(5) The director may be removed from his position at the will of the commissioner.
(6) The director shall receive compensation as provided by Title 67, Chapter 19, Utah
State Personnel Management Act.
Section 5. Section 53A-24-114 is amended to read:
53A-24-114. Governor's Committee on Employment of People with Disabilities.
(1) There is created the Governor's Committee on Employment of People with
Disabilities.
(2) (a) The State Board of Education shall appoint at least twelve members to the
committee.
(b) The State Board of Education shall ensure that the committee includes members from
the public and private sectors who represent:
(i) business and industry;
(ii) individuals with disabilities and their advocates;
(iii) job training and placement;
(iv) [
Division of Human Resource Management, the Department of Workforce Services, Public
Education, Higher Education, and the Department of Human Services;
(v) labor;
(vi) veterans;
(vii) medical;
(viii) health;
(ix) insurance;
(x) media; and
(xi) the general public.
(c) (i) Except as provided in Subsection (2)(c)(ii), the State Board of Education shall
appoint committee members to serve four-year terms.
(ii) In making the initial appointments to the committee, the State Board of Education
shall appoint approximately 1/2 of the members to two-year terms and 1/2 of the members to
four-year terms.
(d) Committee members shall serve until their successors are appointed and qualified.
(e) The State Board of Education shall fill any vacancy that occurs on the committee for
any reason by appointing a person according to the procedures of this section for the unexpired
term of the vacated member.
(f) The State Board of Education shall select a chair from the membership.
(g) Seven members of the committee are a quorum for the transaction of business.
(3) (a) The committee shall:
(i) promote employment opportunities for individuals with disabilities;
(ii) serve as the designated state liaison to the President's Committee on Employment of
People with Disabilities;
(iii) provide training and technical assistance to employers in implementing the
Americans with Disabilities Act;
(iv) develop and disseminate appropriate information through workshops, meetings, and
other requests in response to needs to employers and others regarding employment of individuals
with disabilities;
(v) establish contacts with various community representatives to identify and resolve
barriers to full participation in employment and community life;
(vi) formally recognize exemplary contributions in the areas of employment, job
placement, training, rehabilitation, support services, medicine, media or public relations, and
personal achievements made by individuals with disabilities;
(vii) advise, encourage, and motivate individuals with disabilities who are preparing for
or seeking employment to reach their full potential as qualified employees;
(viii) advocate for policies and practices that promote full and equal rights for individuals
with disabilities;
(ix) advise the State Board of Education and the governor on issues that affect
employment and other requests for information on disability issues;
(x) prepare an annual report on the progress, accomplishments, and future goals of the
committee and present the report to the State Board of Education and the governor; and
(xi) establish and maintain a cooperative liaison between the governor's office, the
executive director of the committee, and the executive director of the Utah State Office of
Rehabilitation to fulfill the committee's purpose.
(b) The committee may, by following the procedures and requirements of Title 63,
Chapter 38e, Federal Funds Procedures, receive and accept federal funds, and may receive and
accept state funds, private gifts, donations, and funds from any source to carry out its purposes.
(4) The director of the State Office of Rehabilitation shall appoint a person to staff the
committee.
Section 6. Section 53C-1-201 is amended to read:
53C-1-201. Creation of administration -- Purpose -- Director.
(1) (a) There is established within state government the School and Institutional Trust
Lands Administration.
(b) The administration shall manage all school and institutional trust lands and assets
within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation of
Revenue from Trust Lands, and Section 51-7-12 .
(2) The administration is an independent state agency and not a division of any other
department.
(3) (a) It is subject to the usual legislative and executive department controls except as
provided in this Subsection (3).
(b) (i) The director may make rules as approved by the board that allow the
administration to classify a business proposal submitted to the administration as protected under
Section 63-2-304 , for as long as is necessary to evaluate the proposal.
(ii) The administration shall return the proposal to the party who submitted the proposal,
and incur no further duties under Title 63, Chapter 2, Government Records Access and
Management Act, if the administration determines not to proceed with the proposal.
(iii) The administration shall classify the proposal pursuant to law if it decides to proceed
with the proposal.
(iv) Section 63-2-403 does not apply during the review period.
(c) The director shall make rules in compliance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, except that the director, with the board's approval, may
establish a procedure for the expedited approval of rules, based on written findings by the
director showing:
(i) the changes in business opportunities affecting the assets of the trust;
(ii) the specific business opportunity arising out of those changes which may be lost
without the rule or changes to the rule;
(iii) the reasons the normal procedures under Section 63-46a-4 cannot be met without
causing the loss of the specific opportunity;
(iv) approval by at least five board members; and
(v) that the director has filed a copy of the rule and a rule analysis, stating the specific
reasons and justifications for its findings, with the Division of Administrative Rules and notified
interested parties as provided in Subsection 63-46a-4 (7).
(d) (i) The administration shall comply with Title 67, Chapter 19, Utah State Personnel
Management Act, except as provided in this Subsection (3)(d).
(ii) The board may approve, upon recommendation of the director, that exemption for
specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
the administration to efficiently fulfill its responsibilities under the law. The director shall
consult with the director of the [
making such a recommendation.
(iii) The positions of director, deputy director, associate director, assistant director, legal
counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs officer
are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).
(iv) Salaries for exempted positions, except for the director, shall be set by the director,
after consultation with the director of the [
Management, within ranges approved by the board. The board and director shall consider
salaries for similar positions in private enterprise and other public employment when setting
salary ranges.
(v) The board may create an annual incentive and bonus plan for the director and other
administration employees designated by the board, based upon the attainment of financial
performance goals and other measurable criteria defined and budgeted in advance by the board.
(e) The administration shall comply with Title 63, Chapter 56, Utah Procurement Code,
except where the board approves, upon recommendation of the director, exemption from the
Utah Procurement Code, and simultaneous adoption of rules under Title 63, Chapter 46a, Utah
Administrative Rulemaking Act, for procurement, which enable the administration to efficiently
fulfill its responsibilities under the law.
(f) (i) The board and director shall review the exceptions under this Subsection (3) and
make recommendations for any modification, if required, which the Legislature would be asked
to consider during its annual general session.
(ii) The board and director may include in their recommendations any other proposed
exceptions from the usual executive and legislative controls the board and director consider
necessary to accomplish the purpose of this title.
(4) The administration is managed by a director of school and institutional trust lands
appointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of the
administration and for the management of trust lands and assets.
(b) The board shall provide policies for the ownership and control of Native American
remains that are discovered or excavated on school and institutional trust lands in consultation
with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
Native American Grave Protection and Repatriation Act. The director may make rules in
accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to implement
policies provided by the board regarding Native American remains.
(6) In connection with joint ventures for the development of trust lands and minerals
approved by the board under Sections 53C-1-303 and 53C-2-401 , the administration may become
a member of a limited liability company under Title 48, Chapter 2c, Utah Revised Limited
Liability Company Act, and is considered a person under Section 48-2c-102 .
Section 7. Section 54-1-6 is amended to read:
54-1-6. Employment of staff -- Status and compensation -- Employees not to be
parties or witnesses and may not appeal commission decisions.
(1) The annual budget of the Public Service Commission shall provide sufficient funds
for the commission to hire, develop, and organize an advisory staff to assist the commission in
performing the powers, duties, and functions committed to it by statute.
(a) The commission may hire:
(i) economists, accountants, engineers, statisticians, lawyers, law clerks, and other
professional and technical experts;
(ii) court reporters, transcribers of tape recordings, clerks, secretaries, and other
administrative and support staff;
(iii) additional experts as required for a particular matter; and
(iv) administrative law judges, who shall be members of the Utah State Bar, and
constitute a separate organizational unit reporting directly to the commission.
(b) The commission may provide for funds in the annual budget to acquire suitable
electronic recording equipment to maintain a verbatim record of proceedings before the
commission, any commissioner, or any administrative law judge.
(2) (a) With the exception of clerical workers in nonconfidential positions, all staff of the
Public Service Commission are exempt employees under the State Personnel Management Act
and serve at the pleasure of the commission.
(b) Administrative law judges are exempt employees under the State Personnel
Management Act and may only be removed from office upon due notice and by a unanimous
vote of the commission.
(c) (i) The [
schedules using standard techniques for determining compensation.
(ii) The [
compensation determinations based upon compensation practices common to utility companies
throughout the United States.
(3) (a) The staff or other employees of the commission may not appear as parties or
witnesses in any proceeding before the commission, any commissioner, or any administrative law
judge.
(b) The staff or other employees of the commission may not appeal any finding, order, or
decision of the commission.
Section 8. Section 54-4a-3 is amended to read:
54-4a-3. Budget of division -- Employment of personnel.
(1) The annual budget of the Division of Public Utilities shall provide sufficient funds
for the division to hire, develop, and organize a technical and professional staff to perform the
duties, powers, and responsibilities committed to it by statute.
(2) The division director may:
(a) hire economists, accountants, engineers, inspectors, statisticians, lawyers, law clerks,
and other technical and professional experts as may be required;
(b) retain additional experts as required for a particular matter, but only to the extent that
it is necessary to supplement division staff in order to fulfill its duties; and
(c) employ necessary administrative and support staff.
(3) (a) The [
schedules using standard techniques for determining compensation.
(b) The [
compensation determinations based upon compensation common to utility companies throughout
the United States.
Section 9. Section 61-1-18 is amended to read:
61-1-18. Division of Securities established -- Director -- Appointment -- Functions
-- Investigators.
(1) (a) There is established within the Department of Commerce a Division of Securities.
(b) The division shall be under the direction and control of a director, appointed by the
executive director with the governor's approval.
(c) The director shall be responsible for the administration and enforcement of this
chapter.
(d) The director shall hold office at the pleasure of the governor.
(2) The director, with the approval of the executive director, may employ such staff as
necessary to discharge the duties of the division at salaries to be fixed by the director according
to standards established by the [
(3) An investigator employed pursuant to Subsection (2) who meets the training
requirements of Subsection 53-13-105 (3) may be designated a special function officer, as defined
in Section 53-13-105 , by the director, but is not eligible for retirement benefits under the Public
Safety Employee's Retirement System.
Section 10. Section 62A-15-613 is amended to read:
62A-15-613. Appointment of superintendent -- Qualifications -- Powers and
responsibilities.
(1) The director, with the advice and consent of the board and the approval of the
executive director, shall appoint a superintendent of the state hospital, who shall hold office at
the will of the director.
(2) The superintendent shall have a bachelor's degree from an accredited university or
college, be experienced in administration, and be knowledgeable in matters concerning mental
health.
(3) Subject to the rules of the board, the superintendent has general responsibility for the
buildings, grounds, and property of the state hospital. The superintendent shall appoint, with the
approval of the director, as many employees as necessary for the efficient and economical care
and management of the state hospital, and shall fix their compensation and administer personnel
functions according to the standards of the [
Management.
Section 11. Section 63-5b-102 is amended to read:
63-5b-102. Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Attack" means a nuclear, conventional, biological, or chemical warfare action
against the United States of America or this state.
(3) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
Commerce, the Department of Community and Economic Development, the Department of
Corrections, the Department of Environmental Quality, the Department of Financial Institutions,
the Department of Health, [
Workforce Services, the Labor Commission, the National Guard, the Department of Insurance,
the Department of Natural Resources, the Department of Public Safety, the Public Service
Commission, the Department of Human Services, the State Tax Commission, the Department of
Transportation, any other major administrative subdivisions of state government, the State Board
of Education, the State Board of Regents, the Utah Housing Corporation, the Utah Technology
Finance Corporation, the Workers' Compensation Fund, the State Retirement Board, and each
institution of higher education within the system of higher education.
(4) "Disaster" means a situation causing, or threatening to cause, widespread damage,
social disruption, or injury or loss of life or property resulting from attack, internal disturbance,
natural phenomenon, or technological hazard.
(5) "Division" means the Division of Emergency Services and Homeland Security
established in Title 53, Chapter 2, Emergency Services and Homeland Security Act.
(6) "Emergency interim successor" means a person designated by this chapter to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(7) "Executive director" means the person with ultimate responsibility for managing and
overseeing the operations of each department, however denominated.
(8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.
(9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide,
avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(10) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(11) "Place of governance" means the physical location where the powers of an office are
being exercised.
(12) "Political subdivision" includes counties, cities, towns, townships, districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(13) "Political subdivision officer" means a person holding an office in a political
subdivision.
(14) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(15) "Technological hazard" means any hazardous materials accident, mine accident,
train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(16) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 12. Section 63-13-2 is amended to read:
63-13-2. Legal holidays -- Personal preference day -- Governor authorized to
declare additional days.
(1) (a) The following-named days are legal holidays in this state:
(i) every Sunday;
(ii) January 1, called New Year's Day;
(iii) the third Monday of January, called Dr. Martin Luther King, Jr. Day;
(iv) the third Monday of February, called Washington and Lincoln Day;
(v) the last Monday of May, called Memorial Day;
(vi) July 4, called Independence Day;
(vii) July 24, called Pioneer Day;
(viii) the first Monday of September, called Labor Day;
(ix) the second Monday of October, called Columbus Day;
(x) November 11, called Veterans' Day;
(xi) the fourth Thursday of November, called Thanksgiving Day;
(xii) December 25, called Christmas; and
(xiii) all days which may be set apart by the President of the United States, or the
governor of this state by proclamation as days of fast or thanksgiving.
(b) If any of the holidays under Subsection (1)(a), except the first mentioned, namely
Sunday, falls on Sunday, then the following Monday shall be the holiday.
(c) If any of the holidays under Subsection (1)(a) falls on Saturday the preceding Friday
shall be the holiday.
(d) Each employee may select one additional day, called Personal Preference Day, to be
scheduled pursuant to rules adopted by the [
Management.
(2) (a) Whenever in his opinion extraordinary conditions exist justifying the action, the
governor may:
(i) declare, by proclamation, legal holidays in addition to those holidays under
Subsection (1); and
(ii) limit the holidays to certain classes of business and activities to be designated by him.
(b) A holiday may not extend for a longer period than 60 consecutive days.
(c) Any holiday may be renewed for one or more periods not exceeding 30 days each as
the governor may consider necessary, and any holiday may, by like proclamation, be terminated
before the expiration of the period for which it was declared.
Section 13. Section 63-34-12 is amended to read:
63-34-12. Approval prerequisite to volunteer service -- Rules and regulations.
(1) Volunteers may not donate any service to the Department of Natural Resources or its
divisions unless and until the work program in which volunteers would serve has first been
approved, in writing, by the executive director of the Department of Natural Resources and the
[
(2) Volunteer services shall comply with any rules adopted by the [
of Human Resource Management relating to that service that are not inconsistent with the
provisions of Sections 63-34-9 through 63-34-12 .
Section 14. Section 63A-1-109 is amended to read:
63A-1-109. Divisions of department -- Administration.
(1) The department shall be composed of the following divisions:
(a) administrative rules;
(b) archives and records;
(c) facilities construction and management;
(d) finance;
(e) fleet operations;
(f) information technology services;
(g) office of state debt collection;
(h) state purchasing and general services;
(i) risk management; [
(j) office of child welfare parental defense[
(k) human resource management.
(2) Each division shall be administered and managed by a division director.
Section 15. Section 63A-9-501 is amended to read:
63A-9-501. Complaints about misuse or illegal operation of state vehicles --
Disposition.
(1) The division shall refer complaints from the public about misuse or illegal operation
of state vehicles to the agency that is the owner or lessor of the vehicle.
(2) Each agency head or his designee shall investigate all complaints about misuse or
illegal operation of state vehicles and shall discipline each employee that is found to have
misused or illegally operated a vehicle by following the procedures set forth in the rules adopted
by the [
67-19-18 .
(3) (a) Each agency shall report the findings of each investigation conducted as well as
any action taken as a result of the investigation to the directors of the Divisions of Fleet
Operations and Risk Management.
(b) Misuse or illegal operation of state vehicles may result in suspension or revocation of
state vehicle driving privileges as governed in rule.
Section 16. Section 63A-9-801 is amended to read:
63A-9-801. State surplus property program -- Definitions -- Administration.
(1) As used in this section:
(a) "Agency" means:
(i) the Utah Departments of Administrative Services, Agriculture, Alcoholic Beverage
Control, Commerce, Community and Economic Development, Corrections, Workforce Services,
Health, [
Safety, and Transportation and the Labor Commission;
(ii) the Utah Offices of the Auditor, Attorney General, Court Administrator, Crime
Victim Reparations, Rehabilitation, and Treasurer;
(iii) the Public Service Commission and State Tax Commission;
(iv) the State Boards of Education, Pardons and Parole, and Regents;
(v) the Career Service Review Board;
(vi) other state agencies designated by the governor;
(vii) the legislative branch, the judicial branch, and the State Board of Regents; and
(viii) an institution of higher education, its president, and its board of trustees for
purposes of Section 63A-9-802 .
(b) "Division" means the Division of Fleet Operations.
(c) "Information technology equipment" means any equipment that is designed to
electronically manipulate, store, or transfer any form of data.
(d) "Inventory property" means property in the possession of the division that is available
for purchase by an agency or the public.
(e) "Judicial district" means the geographic districts established by Section 78-1-2.1 .
(f) (i) "Surplus property" means property purchased by, seized by, or donated to, an
agency that the agency wishes to dispose of.
(ii) "Surplus property" does not mean real property.
(g) "Transfer" means transfer of surplus property without cash consideration.
(2) (a) The division shall make rules establishing a state surplus property program that
meets the requirements of this chapter by following the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act.
(b) Those rules shall include:
(i) a requirement prohibiting the transfer of surplus property from one agency to another
agency without written approval from the division;
(ii) procedures and requirements governing division administration requirements that an
agency must follow;
(iii) requirements governing purchase priorities;
(iv) requirements governing accounting, reimbursement, and payment procedures;
(v) procedures for collecting bad debts;
(vi) requirements and procedures for disposing of firearms;
(vii) the elements of the rates or other charges assessed by the division for services and
handling;
(viii) procedures governing the timing and location of public sales of inventory property;
and
(ix) procedures governing the transfer of information technology equipment by state
agencies directly to public schools.
(c) The division shall report all transfers of information technology equipment by state
agencies to public schools to the Utah Technology Commission and to the Legislative Interim
Education Committee at the end of each fiscal year.
(3) In creating and administering the program, the division shall:
(a) when conditions, inventory, and demand permit:
(i) establish facilities to store inventory property at geographically dispersed locations
throughout the state; and
(ii) hold public sales of property at geographically dispersed locations throughout the
state;
(b) establish, after consultation with the agency requesting the sale of surplus property,
the price at which the surplus property shall be sold; and
(c) transfer proceeds arising from the sale of state surplus property to the agency
requesting the sale in accordance with Title 63, Chapter 38, Budgetary Procedures Act, less an
amount established by the division by rule to pay the costs of administering the surplus property
program.
(4) Unless specifically exempted from this chapter by explicit reference to this chapter,
each state agency shall dispose of and acquire surplus property only by participating in the
division's program.
Section 17. Section 67-5-7 is amended to read:
67-5-7. Establishment of career service system.
(1) The purpose of this chapter is to establish a career service system for attorneys
employed by the Office of the Attorney General that will attract and retain attorneys of proven
ability and experience who will devote their full time to the service of the state.
(2) The Office of the Attorney General may adopt rules necessary to implement this
chapter, including personnel and work rules different from those promulgated by the
[
Section 18. Section 67-5-9 is amended to read:
67-5-9. Reassignment of career status attorneys -- Additional compensation for
managerial assignments -- Employment of special assistant attorneys general --
Termination of attorneys -- Salary increases.
This chapter does not affect the authority of the attorney general to:
(1) assign and reassign attorneys in a career status to different positions on his staff. The
salary of an attorney reassigned to a different position shall not be decreased by reason of
reassignment; except that if the attorney reassigned occupies the position of deputy attorney
general, the salary may be reduced by not more than 15% upon the assignment to a different
position;
(2) develop, with the assistance of the [
Management, a plan for additional compensation for career status attorneys who accept
managerial assignments within the office. The provisions of Subsection (1) notwithstanding, the
attorney general may discontinue any additional compensation if the attorney no longer holds a
managerial assignment. Additional compensation provided under this section shall be
determined by the attorney general pursuant to the plan developed by the Office of the Attorney
General. At such time as the attorney no longer holds a managerial assignment, and the attorney
general decides to discontinue any additional compensation, the reduction may not place the
attorney at a salary below where the attorney would be through normal salary increases if the
attorney had not been in a managerial position;
(3) employ special assistant attorneys general, who shall not be subject to this chapter, to
represent the state in particular lawsuits or to handle particular legal matters for the state;
(4) terminate the employment of any attorney employed by the Office of the Attorney
General who is not in a career service status;
(5) establish the salary or determine salary increases of any attorney under this chapter.
Section 19. Section 67-5-12 is amended to read:
67-5-12. Dismissal of career status attorneys -- Causes -- Procedure -- Retention
roster -- Reappointment register.
(1) (a) Attorneys in a career status may be dismissed only:
(i) to advance the good of public service;
(ii) where funds have expired or work no longer exists; or
(iii) for causes such as dishonesty, inefficiency, insubordination, disloyalty to the orders
of a superior, misfeasance, malfeasance, or nonfeasance in office.
(b) Attorneys in career status may not be dismissed for reasons of race, national origin,
religion, or political affiliation.
(2) Except in aggravated cases of misconduct, no attorney in a career status may be
demoted or dismissed without the following procedures:
(a) The attorney general shall notify the attorney of the reasons for demotion or
dismissal.
(b) The attorney shall have an opportunity to reply and have the reply considered by the
attorney general.
(c) The attorney shall have an opportunity to be heard by the attorney general or his
designated representatives.
(d) Following a hearing, an attorney may be demoted or dismissed if the attorney general
finds adequate reason.
(e) If the attorney general finds that retention of an attorney would endanger the peace
and safety of others or pose a grave threat to the public interest, the attorney may be summarily
suspended pending administrative hearings and a review by the Career Service Review Board.
(3) (a) An attorney in a career status who is aggrieved by a decision of the attorney
general to either dismiss or demote may appeal the decision to the Career Service Review Board
or its hearing officers by following the procedures in Title 67, Chapter 19a, Grievance and
Appeal Procedures.
(b) Matters other than dismissal or demotion may be appealed to and reviewed by the
attorney general or a designated representative whose decision is final with no right of appeal to
the Career Service Review Board or its hearing officers.
(4) Disciplinary actions shall be supported by credible evidence, but the normal rules of
evidence in courts of law do not apply in hearings before the attorney general or the Career
Service Review Board or its hearing officers.
(5) (a) Reductions in force required by reinstatement of an attorney under Section
67-5-11 , inadequate funds, change of workload, or lack of work shall be governed by a retention
roster to be maintained by the director of the [
Management and the requirements of this Subsection (5).
(b) Attorneys not in a career status shall be separated before any attorney in a career
status.
(c) Retention points for each attorney in a career status shall be based on [
attorney's seniority in service as an attorney in the Office of the Attorney General, including any
military service fulfilled subsequent to [
(d) Attorneys in career status shall be separated in the order of their retention points, the
attorney with the lowest points to be discharged first.
(e) Those attorneys who are serving in other positions under Section 67-5-11 shall:
(i) have retention points determined as if they were working for the office; and
(ii) be separated in the order of the retention points as if they were working in the Office
of the Attorney General.
(f) An attorney in a career status who is separated by reason of a reduction in force shall
be:
(i) placed on a reappointment register kept by the director of the [
of Human Resource Management for one year; and
(ii) offered reappointment to a position in the Office of the Attorney General before any
attorney not having a career status is appointed.
Section 20. Section 67-8-3 is amended to read:
67-8-3. Compensation plan for appointive officers -- Exceptions -- Legislative
approval -- Career status attorneys.
(1) (a) The director of the [
based upon recommendations of the Executive and Judicial Compensation Commission shall,
before October 31 of each year, recommend to the governor a compensation plan for appointed
officers of the state except those officers whose compensation is set under Section 49-11-203 ,
53A-1-301 , 53B-1-105 , or 53C-1-301 .
(b) The plan shall include salaries and wages, paid leave, group insurance plans,
retirement programs, and any other benefits that may be offered to state officers.
(2) The governor shall include in each annual budget proposal to the Legislature specific
recommendations on compensation for those appointed state officers in Subsection (1).
(3) (a) After consultation with the attorney general, the director of the [
Division of Human Resource Management shall place career status attorneys on a state salary
schedule at a range comparable with salaries paid attorneys in private and other public
employment.
(b) The attorney general and the director shall take into consideration the experience of
the attorney, length of service with the Office of the Attorney General, quality of performance,
and responsibility involved in legal assignments.
(c) The attorney general and the director shall periodically adjust the salary levels for
attorneys in a career status to reasonably compensate them for full-time employment and the
restrictions placed on the private practice of law.
Section 21. Section 67-8-5 is amended to read:
67-8-5. Duties of commission -- Salary recommendations.
(1) (a) The commission shall recommend to the Legislature salaries for:
(i) the governor, the lieutenant governor, the attorney general, the state auditor, and the
state treasurer; and
(ii) justices of the Supreme Court and judges of the constitutional and statutory courts of
record.
(b) The commission shall recommend to the Legislature salary ranges for the other state
officers referred to in Article VII, Section 18, and enumerated in Title 67, Chapter 22, State
Officer Compensation.
(2) As used in this section and for the purposes of compensation in Title 67, Chapter 22,
State Officer Compensation, "state officer" means an individual at the executive level in state
government. The term includes:
(a) the governor, the lieutenant governor, the attorney general, the state auditor, and the
state treasurer;
(b) justices of the Supreme Court and judges of all constitutional and statutory courts of
record; and
(c) full-time commissioners and executive directors of executive branch departments
appointed by the governor or with his approval, who report directly to the governor, and who are
enumerated in Section 67-22-2 .
(3) The commission shall:
(a) make studies and formulate recommendations concerning the wage and salary
classification plan based upon factors such as educational requirements, experience,
responsibility, accountability for funds and staff, comparisons with wages paid in other
comparable public and private employment within this state, and other states similarly situated,
and any other factors generally used in similar comprehensive wage and salary classification
plans so that the plan and its administration reflect current conditions at all times;
(b) consult and advise with, and make recommendation to, the [
Human Resource Management regarding the plan, its administration, and the position of any
officer covered by the plan;
(c) submit to the Executive Appropriations Committee not later than 60 days before
commencement of each annual general session:
(i) a report briefly summarizing its activities during the calendar year immediately
preceding the session;
(ii) recommendations concerning revisions, modifications, or changes, if any, which
should be made in the plan, its administration, or in the classification of any officer under the
plan; and
(iii) specific recommendations regarding the office of governor, lieutenant governor,
attorney general, state auditor, and state treasurer concerning adjustments, if any, that should be
made in the salary or other emoluments of office so that all executive and judicial officers,
elected or appointed, receive equitable and consistent treatment regardless of whether salaries are
fixed by the Legislature or by the [
(d) conduct a comprehensive review of judicial salary levels and make recommendations
for judicial salaries in a report to the president of the Senate, the speaker of the House of
Representatives, and the governor by November 1, prior to the convening of the general session
of the Legislature in each odd-numbered year.
(4) (a) The recommendation under Subsection (3)(d) shall be based upon consultation
with the Judicial Council and upon consideration for the career status of judges. It shall be based
upon comparisons with salaries paid in other states and in comparable public and private
employment within this state.
(b) In even-numbered years, the commission shall update its prior report, based upon the
Consumer Price Index and other relevant factors, and shall forward its updated recommendations
as prescribed in this section.
(5) The Judicial Council shall cooperate with the commission in providing information
on the judicial branch of government and on the individual levels of court as requested. The
director of personnel from the Office of the Court Administrator shall provide the salary
comparison data referred to in this section to the legislative fiscal analyst and shall provide other
staff assistance and support as requested by the legislative fiscal analyst.
Section 22. 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) "Controlled substance" means controlled substance as defined in Section 58-37-2 .
[
(7) "Director" means the director of the Division of Human Resource Management.
(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.
(9) "Division" means the Division of Human Resource Management.
[
or classified service provisions of this chapter.
[
[
director of the [
[
determined necessary through a market survey of salary ranges of a reasonable cross section of
comparable benchmark positions in private and public employment.
[
a career service position but who does not have career service status.
[
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.
[
employee's hiring and the granting of career service status.
[
insurance plans, retirement, and all other benefits offered to state employees as inducements to
work for the state.
Section 23. Section 67-19-3.1 is amended to read:
67-19-3.1. Principles guiding interpretation of chapter and adoption of rules.
(1) The [
manner that will provide for the effective implementation of the following merit principles:
(a) recruiting, selecting, and advancing employees on the basis of their relative ability,
knowledge, and skills, including open consideration of qualified applicants for initial
appointment;
(b) providing for equitable and competitive compensation;
(c) training employees as needed to assure high-quality performance;
(d) retaining employees on the basis of the adequacy of their performance and separating
employees whose inadequate performance cannot be corrected;
(e) fair treatment of applicants and employees in all aspects of [
resource administration without regard to race, color, religion, sex, national origin, political
affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as
citizens;
(f) providing information to employees regarding their political rights and the prohibited
practices under the Hatch Act; and
(g) providing a formal procedure for processing the appeals and grievances of employees
without discrimination, coercion, restraint, or reprisal.
(2) The principles in Subsection (1) shall govern interpretation and implementation of
this chapter.
Section 24. Section 67-19-5 is amended to read:
67-19-5. Division of Human Resource Management created -- Director --
Compensation -- Staff.
(1) There is created the [
the Department of Administrative Services.
(2) (a) The [
governor with the consent of the Senate.
(b) The director shall be a person with experience in [
management and shall be accountable to the [
office.
[
(3) The director may[
[
service[
[
(4) (a) The director shall have full responsibility and accountability for the administration
of the statewide human resource management system.
(b) Except as provided in Section 67-19-6.1 , an agency may not perform human resource
functions without the consent of the director.
(5) Statewide human resource management rules adopted by the Division of Human
Resource Management in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, shall take precedence if there is a conflict with department rules, policies, or
practices.
Section 25. Section 67-19-6 is amended to read:
67-19-6. Responsibilities of director.
(1) The director shall:
(a) develop, implement, and administer a statewide program of [
resource management [
(i) aid in the efficient execution of public policy;
(ii) foster careers in public service for qualified employees; and
(iii) render assistance to state agencies in performing their missions;
(b) design and administer the state pay plan;
(c) design and administer the state classification system and procedures for determining
schedule assignments;
(d) design and administer the state recruitment and selection system;
(e) monitor agency human resource practices to determine compliance with federal law,
state law, and state human resource rules, including equal employment opportunity;
(f) maintain central personnel records;
[
assigned or prohibited;
[
[
procedures of Title 63, Chapter 46a, Utah Administrative Rulemaking Act;
[
governor, the Legislature, and agencies with current information on authorized positions, payroll,
and related matters concerning state [
[
(i) determine and prepare for future state [
(ii) develop methods for improving public [
(iii) propose needed policy changes to the governor;
[
develop plans for its elimination through programs consistent with federal and state laws
governing equal employment opportunity in employment;
[
the state, provide technical service and advice on [
charge determined by the director;
[
[
procedures;
[
[
(A) identify funded vacant positions; and
(B) report those funded vacant positions to the [
(ii) identify all funded employee positions in each agency that have been vacant for more
than 180 consecutive days during the 18-month period prior to July 1 of each year; and
(iii) by no later than September 1 of each year, provide a report of all funded employee
positions in each agency identified in Subsections (1)[
(A) the Governor's Office of Planning and Budget; and
(B) the Office of the Legislative Fiscal Analyst.
(2) (a) After consultation with the governor and the heads of other agencies, the director
shall establish and coordinate statewide training programs.
(b) The programs developed under this Subsection (2) shall have application to more
than one agency.
(c) The [
perform highly specialized or technical jobs and tasks.
(3) (a) (i) The [
Subsection (3).
(ii) Training funded from General Fund appropriations shall be treated as a separate
program within the [
(iii) All money received from fees under this section will be accounted for by the
[
(iv) The user training program includes the costs of developing, procuring, and
presenting training and development programs, and other associated costs for these programs.
(b) (i) Funds remaining at the end of the fiscal year in the user training program are
nonlapsing.
(ii) Each year, as part of the appropriations process, the Legislature shall review the
amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
the [
Section 26. Section 67-19-6.1 is enacted to read:
67-19-6.1. Department field offices.
(1) After consulting with an agency head, the director of the Division of Human
Resource Management may establish a field office in that agency.
(2) The director shall assign an employee of the division to act as field office director.
(3) Before establishing a field office, the director and agency head shall sign an
agreement, to be approved by the governor, that specifies:
(a) the scope of responsibility of the field office director and staff;
(b) the services to be provided by the field office director and staff;
(c) the relationship between the field office director and agency management;
(d) the facilities, equipment, supplies, and budget to be provided for the field office by
the agency and the allocation of the cost of those facilities, equipment, and supplies;
(e) staff size;
(f) protocols to resolve discrepancies between agency practice and Division of Human
Resource Management policy;
(g) the date that the agreement shall terminate if not previously terminated or renewed;
and
(h) any other issue necessary for the proper functioning of the field office within the
agency.
(4) Unless otherwise provided for in the field office agreement, the agency shall:
(a) obtain field office approval for the final selection of qualified applicants for
appointment and promotion to vacant positions;
(b) conduct performance appraisals;
(c) discipline employees; and
(d) maintain individual personnel records.
(5) Any field office agreement shall be subject to termination by the director with the
approval of the governor.
Section 27. Section 67-19-6.7 is amended to read:
67-19-6.7. Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt state
employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
[
[
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state [
(B) who exercises managerial, policy-making, or advisory responsibility.
[
Department of Corrections, the Department of Financial Institutions, the Department of
Alcoholic Beverage Control, the Insurance Department, the Public Service Commission, the
Labor Commission, the Department of Agriculture and Food, the Department of Human
Services, the State Board of Education, the Department of Natural Resources, the Department of
Transportation, the Department of Commerce, the Department of Workforce Services, the State
Tax Commission, the Department of Community and Economic Development, the Department
of Health, the National Guard, the Department of Environmental Quality, the Department of
Public Safety, [
and Juvenile Justice, all merit employees except attorneys in the Office of the Attorney General,
merit employees in the Office of the State Treasurer, and merit employees in the Office of the
State Auditor.
[
because he was elected by the registered voters of Utah to a position in state government.
[
[
[
seq.[
(g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards Act
of 1978, 29 U.S.C. Section 201 et seq. by which a nonexempt employee elects the form of
compensation he will receive for overtime.
[
[
the Division of Human Resource Management applying FLSA requirements.
[
period.
[
(4)(b) at the end of which an exempt employee's accrued overtime lapses.
[
an appointed official or an elected official.
(ii) "State employee" does not mean:
(A) certificated employees of the State Board of Education; and
(B) employees of the Department of Community and Economic Development whose
positions are designated as schedule AM exempt employees under Section 67-19-15 .
[
overtime lapses.
[
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the [
Labor Standards Act of 1978, 29 U.S.C. Section 201 et seq.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b) In the FLSA agreement, the nonexempt employee shall elect either to be compensated
for overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this subsection shall be
paid for any overtime worked in excess of the cap established by the Division of Human
Resource Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization to
work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall
charge that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall compensate
exempt employees who work overtime by granting them time off at the rate of one hour off for
each hour of overtime worked.
(ii) The director of the Division of Human Resource Management may grant limited
exceptions to this requirement, where work circumstances dictate, by authorizing a department to
pay employees for overtime worked at the rate per hour that the employee receives for
nonovertime work, if the department has funds available.
(b) (i) Each department shall:
(A) establish in its written [
each division that is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the director of the Division of Human Resource Management, in conjunction
with the director of the Division of Finance, shall establish the date for that department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time, and
upon termination, retirement, or other situations where the employee will not return to work
before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established by
the Division of Human Resource Management rule lapses; and
(ii) unless authorized by the director of the Division of Human Resource Management
under Subsection (4)(a)(ii), a department may not compensate the exempt employee for that
lapsed overtime by paying the employee for the overtime or by granting the employee time off
for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from [
(f) If the department pays an exempt employee for overtime under authorization from the
director of the [
charge that payment to the department's budget in the pay period earned.
(5) The Division of Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and procedures
for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations made
by the Division of Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) In coordination with the procedures for recording overtime worked established in rule
by the Division of Human Resource Management, the Division of Finance shall modify its
payroll and [
(a) Notwithstanding the procedures and requirements of Title 63, Chapter 46b,
Administrative Procedures Act, Section 67-19-31 , and Section 67-19a-301 , any employee who is
aggrieved by the FLSA designation made by the Division of Human Resource Management as
required by this section may appeal that determination to the [
of Human Resource Management by following the procedures and requirements established in
Division of Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the director shall notify the executive
director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the [
Division of Human Resource Management, he shall appeal that determination to the Department
of Labor, Wage and Hour Division, according to the procedures and requirements of federal law.
Section 28. Section 67-19-11 is amended to read:
67-19-11. Use of department facilities -- Field office facilities cost allocation --
Funding for division.
(1) (a) All officers and employees of the state and its political subdivisions shall allow
the [
furniture, for any examination, hearing, or investigation authorized by this chapter.
[
(b) (i) Allocation of the cost for any facilities, equipment, or supplies furnished by an
agency for use as a field office of the division shall be governed by the field office agreement
established in Section 67-19-6.1 .
(ii) If the field office agreement does not specifically provide for the allocation of a cost
for the division's use of the agency's facilities, equipment, or supplies, the agency shall pay the
cost of those facilities, equipment, and supplies.
(2) The director shall [
(a) prepare an annual budget request for the [
executive director's approval; and
(b) submit the budget request to the governor and the Legislature.
Section 29. Section 67-19-12 is amended to read:
67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of
director.
(1) (a) This section, and the rules adopted by the [
section, apply to each career and noncareer [
Subsection (2).
(b) If not exempted under Subsection (2), [
classified service.
(2) The following [
(a) members of the Legislature and legislative employees;
(b) members of the judiciary and judicial employees;
(c) elected members of the executive branch and their direct staff who meet career
service exempt criteria as defined in Subsection 67-19-15 (1)(k);
(d) certificated employees of the State Board of Education;
(e) officers, faculty, and other employees of state institutions of higher education;
(f) employees in any position that is determined by statute to be exempt from this
Subsection (2);
(g) attorneys in the Office of the Attorney General;
(h) department heads and other persons appointed by the governor pursuant to statute;
(i) employees of the Department of Community and Economic Development whose
positions are designated as executive/professional positions by the executive director of the
Department of Community and Economic Development with the concurrence of the director; and
(j) employees of the Medical Education Council.
(3) (a) The director shall prepare, maintain, and revise a position classification plan for
each employee position not exempted under Subsection (2) to provide equal pay for equal work.
(b) Classification of positions shall be based upon similarity of duties performed and
responsibilities assumed, so that the same job requirements and the same salary range may be
applied equitably to each position in the same class.
(c) The director shall allocate or reallocate the position of each employee in classified
service to one of the classes in the classification plan.
(d) (i) The [
provide that the classification plan remains reasonably current and reflects the duties and
responsibilities assigned to and performed by employees.
(ii) The director shall determine the schedule for studies and desk audits after
considering factors such as changes in duties and responsibilities of positions or agency
reorganizations.
(4) (a) With the approval of the governor, the director shall develop and adopt pay plans
for each position in classified service.
(b) The director shall design each pay plan to achieve, to the degree that funds permit,
comparability of state salary ranges to salary ranges used by private enterprise and other public
employment for similar work.
(c) The director shall adhere to the following in developing each pay plan:
(i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
differential among the various classes of positions in the classification plan.
(ii) The director shall assign each class of positions in the classification plan to a salary
range and shall set the width of the salary range to reflect the normal growth and productivity
potential of employees in that class. The width of the ranges need not be uniform for all classes
of positions in the plan, but each range shall contain merit steps in increments of 2.75% salary
increases.
(iii) The director shall issue rules for the administration of pay plans. The rules may
provide for exceptional performance increases and for a program of incentive awards for
cost-saving suggestions and other commendable acts of employees. The director shall issue rules
providing for salary adjustments.
(iv) Merit step increases shall be granted, if funds are available, to employees who
receive a rating of "successful" or higher in an annual evaluation of their productivity and
performance.
(v) By October [
adjustments to the director of the Governor's Office of Planning and Budget for consideration to
be included as part of the affected agency's base budgets.
(vi) By October 31 of each year, the director shall recommend a compensation package
to the governor.
(vii) Adjustments shall incorporate the results of a total compensation market survey of
salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
private and public employment in the state. The survey may also study comparable unusual
positions requiring recruitment outside Utah in the surrounding western states. The director may
cooperate with other public and private employers in conducting the survey.
(viii) The director shall establish criteria to assure the adequacy and accuracy of the
survey and shall use methods and techniques similar to and consistent with those used in private
sector surveys. Except as provided under Section 67-19-12.3 , the survey shall include a
reasonable cross section of employers. The director may cooperate with or participate in any
survey conducted by other public and private employers.
(ix) The establishing of a salary range is a nondelegable activity [
67-19-32 , Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
(x) The governor shall:
(A) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing
the executive budget and shall recommend the method of distributing the adjustments;
(B) submit compensation recommendations to the Legislature; and
(C) support the recommendation with schedules indicating the cost to individual
departments and the source of funds.
(xi) If funding is approved by the Legislature in a general appropriations act, the
adjustments take effect on the July 1 following the enactment.
(5) (a) The director shall regularly evaluate the total compensation program of state
employees in the classified service.
(b) The [
those offered by other private and public employers using information from:
(i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
Chamber of Commerce Research Center; or
(ii) the most recent edition of a nationally recognized benefits survey.
(6) (a) The director shall submit proposals for a state employee compensation plan to the
governor by October 31 of each year, setting forth findings and recommendations affecting
[
(b) The governor shall consider the director's proposals in preparing budget
recommendations for the Legislature.
(c) The governor's budget proposals to the Legislature shall include a specific
recommendation on [
Section 30. Section 67-19-12.2 is amended to read:
67-19-12.2. Education benefit plan for law enforcement and correctional officers.
(1) As used in this section, "law enforcement officer" has the same meaning as in Section
53-13-103 and "correctional officer" has the same meaning as in Section 53-13-104 .
(2) The director shall establish a plan authorizing any [
educational compensation program for law enforcement officers and correctional officers
employed by that [
(3) The program shall provide that in order for a law enforcement officer or correctional
officer to qualify for education benefits for college or university education, the law enforcement
officer or correctional officer shall:
(a) provide a certified transcript of grades, demonstrating a grade point average of 3.0 or
greater, from an accredited college or university; and
(b) have successfully completed the probationary employment period with the employing
agency.
(4) The program shall also provide that the agency may consider a law enforcement
officer or correctional officer to receive additional compensation as follows for higher education
degrees earned on or after April 30, 2001, in a subject area directly related to the law
enforcement officer's or correctional officer's employment with the agency:
(a) two steps for an associate's degree;
(b) two steps for a bachelor's degree; and
(c) two steps for a master's degree.
(5) Expenses incurred by an agency to provide additional compensation under this
section may be only from the agency's existing budget.
Section 31. Section 67-19-12.5 is amended to read:
67-19-12.5. Creation of Flexible Benefit Program -- Rulemaking power granted to
establish program.
(1) The [
Flexible Benefit Program under Section 125 of the Internal Revenue Code of 1986.
(2) The [
benefits which meet the nondiscrimination requirements of the Internal Revenue Code of 1986.
(3) (a) Each account established under this section shall include employee paid premiums
for health and dental services.
(b) The account may also include, at the option of the employee, out-of-pocket employee
medical and dependent care expenses.
(c) Accounts may also include other expenses allowed under the Internal Revenue Code
of 1986.
(4) In accordance with Title 63, Chapter 46a, [
the [
section.
Section 32. Section 67-19-12.7 is amended to read:
67-19-12.7. Accumulated annual leave -- Conversion to deferred compensation
plan.
(1) The [
upon termination of employment or retirement, elect to convert any unused annual leave into any
of the employee's designated deferred compensation accounts that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be converted into the
employee's deferred compensation account at the employee's pay rate at the time of termination
or retirement.
(3) No employee may convert hours of accrued annual leave to the extent that any hours
so converted would exceed the maximum amount authorized by the Internal Revenue Code for
each calendar year.
Section 33. Section 67-19-12.9 is amended to read:
67-19-12.9. Accumulated annual leave -- Annual conversion to deferred
compensation plan.
(1) If the Legislature in an annual appropriations act with accompanying intent language
specifically authorizes and fully funds the estimated costs of this use, the [
shall implement a program that allows an employee, in the approved calendar year, to elect to
convert up to 20 hours of annual leave, in whole hour increments not to exceed $250 in value,
into any of the employee's designated deferred compensation accounts that:
(a) are sponsored by the Utah State Retirement Board; and
(b) are qualified under Section 401(k) or Section 457 of the Internal Revenue Code.
(2) Any annual leave converted under Subsection (1) shall be:
(a) converted into the employee's deferred compensation account at the employee's pay
rate at the time of conversion; and
(b) calculated in the last pay period of the leave year as determined by the Division of
Finance.
(3) An employee may not convert hours of accrued annual leave to the extent that any
hours converted would:
(a) exceed the maximum amount authorized by the Internal Revenue Code for the
calendar year; or
(b) cause the employee's balance of accumulated annual leave to drop below the
maximum accrual limit provided by rule.
Section 34. Section 67-19-13 is amended to read:
67-19-13. Examination of payrolls and certification of employee eligibility by
director.
(1) The director [
determine conformity with this chapter and the regulations.
(2) No new employee shall be hired in a position covered by this chapter, and no
employee shall be changed in pay, title or status, nor shall any employee be paid unless certified
by the director as eligible under the provisions of or regulations promulgated pursuant to this
chapter.
Section 35. Section 67-19-15 is amended to read:
67-19-15. Career service -- Exempt positions -- Schedules for civil service positions
-- Coverage of career service provisions.
(1) Except as otherwise provided by law or by rules and regulations established for
federally aided programs, the following positions are exempt from the career service provisions
of this chapter:
(a) the governor, members of the Legislature, and all other elected state officers,
designated as Schedule AA;
(b) the agency heads enumerated in Section 67-22-2 , and commissioners designated as
Schedule AB;
(c) all employees and officers in the office and at the residence of the governor,
designated as Schedule AC;
(d) employees who are in a confidential relationship to an agency head or commissioner
and who report directly to, and are supervised by, a department head, commissioner, or deputy
director of an agency or its equivalent, designated as Schedule AD;
(e) unskilled employees in positions requiring little or no specialized skill or training,
designated as Schedule AE;
(f) part-time professional noncareer persons who are paid for any form of medical and
other professional service and who are not engaged in the performance of administrative duties,
designated as Schedule AF;
(g) attorneys in the attorney general's office who are under their own career service pay
plan, designated as Schedule AG;
(h) teaching staff of all state institutions and patients and inmates employed in state
institutions, designated as Schedule AH;
(i) persons appointed to a position vacated by an employee who has a right to return
under federal or state law or policy, designated as Schedule AI;
(j) noncareer employees compensated for their services on a seasonal or contractual basis
who are hired for limited periods of less than nine consecutive months or who are employed on
less than 1/2 time basis, designated as Schedule AJ;
(k) those employees in a personal and confidential relationship to elected officials,
designated as Schedule AK;
(l) employees appointed to perform work of a limited duration not exceeding two years
or to perform work with time-limited funding, designated as Schedule AL;
(m) employees of the Department of Community and Economic Development whose
positions are designated as executive/professional positions by the executive director of the
Department of Community and Economic Development with the concurrence of the director,
designated as Schedule AM;
(n) employees of the Legislature, designated as Schedule AN;
(o) employees of the judiciary, designated as Schedule AO;
(p) all judges in the judiciary, designated as Schedule AP;
(q) members of state and local boards and councils appointed by the governor and
governing bodies of agencies, other local officials serving in an ex officio capacity, officers,
faculty, and other employees of state universities and other state institutions of higher education,
designated as Schedule AQ;
(r) employees who make statewide policy, designated as Schedule AR; and
(s) any other employee whose appointment is required by statute to be career service
exempt, designated as Schedule AS.
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions exempted by Subsection (1).
(ii) Removal from any appointive position under Schedule A, unless otherwise regulated
by statute, is at the pleasure of the appointing officers without regard to tenure.
(b) Schedule B is the competitive career service schedule, consisting of all positions
filled through competitive selection procedures as defined by the director.
(3) (a) The director, after consultation with the heads of concerned executive branch
departments and agencies and with the approval of the governor, shall allocate positions to the
appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the director before
changing the schedule assignment and tenure rights of any position.
(c) Unless the director's decision is reversed by the governor, when the director denies an
agency's request, the director's decision is final.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 36-12-7 .
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 78-3-24 .
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapters 1 and 2.
(d) Unless otherwise provided by law, compensation for all other Schedule A employees
shall be established by their appointing authorities, within ranges approved by, and after
consultation with the director of the [
Management.
(5) All employees of the Office of State Auditor, the Office of State Treasurer, the Office
of the Attorney General, excluding attorneys who are under their own career service system, and
employees who are not exempt under this section are covered by the career service provisions of
this chapter.
Section 36. Section 67-19-15.1 is amended to read:
67-19-15.1. Implementation of exempt status for Schedule AD and AR employees.
(1) As used in this section, "appointee" means:
(a) a deputy director;
(b) a division director;
(c) any assistant directors and administrative assistants who report directly to a
department head, deputy director, or their equivalent; and
(d) any other person whose appointment is required by law to be approved by the
governor.
(2) After the effective date of this [
employee.
(3) Notwithstanding the requirements of this [
currently a nonexempt employee does not lose that nonexempt status because of this [
chapter.
(4) The [
and other incentives to encourage appointees who are nonexempt to voluntarily convert to merit
exempt status.
Section 37. Section 67-19-19 is amended to read:
67-19-19. Political activity of employees -- Rules and regulations -- Highway patrol
-- Hatch Act.
Except as otherwise provided by law or by rules promulgated under this section for
federally aided programs, the following provisions apply with regard to political activity of career
service employees in all grades and positions.
(1) [
activity subject to the following provisions:
(a) if any [
nonpartisan political office, that employee shall be granted a leave of absence without pay for
times when monetary compensation is received for service in political office;
(b) no officer or employee in career service may engage in any political activity during
the hours of employment, nor may any person solicit political contributions from employees of
the executive branch during hours of employment for political purposes; and
(c) partisan political activity may not be a basis for employment, promotion, demotion,
or dismissal, except that the director shall adopt rules providing for the discipline or punishment
of a state officer or employee who violates any provision of this section.
(2) (a) Notwithstanding any other provision of this section, no member of the Utah
Highway Patrol may use his official authority or influence for the purpose of interfering with an
election or affecting the results of an election.
(b) No person may induce or attempt to induce any member of the Utah Highway Patrol
to participate in any activity prohibited by this Subsection (2).
(3) Nothing contained in this section may be construed to:
(a) preclude voluntary contributions by [
the officer's or employee's choice; or
(b) permit partisan political activity by any [
restricted from engaging in the political activity by the provisions of the federal Hatch Act.
Section 38. Section 67-19-26 is amended to read:
67-19-26. Severability of provisions -- Compliance with requirements for federally
aided programs.
(1) If any provision of this chapter or of any regulation or order issued thereunder or the
application of any provision of this chapter to any person or circumstance is held invalid, the
remainder of this chapter and the application of provision of this chapter or regulation or orders
issued under it to persons or circumstances other than those to which it is held invalid shall still
be regarded as having the force and effect of law.
(2) If any part of this chapter is found to be in conflict with federal requirements which
are a condition precedent to the allocation of federal funds to the state, the conflicting part of this
chapter shall be inoperative solely to the extent of the conflict and with respect to the agencies
directly affected, and such findings shall not affect the operation of the remainder of this chapter
in its application to the agencies concerned.
(3) Notwithstanding any provisions in this chapter to the contrary, no regulation shall be
adopted which would deprive the state or any of its departments or institutions of federal grants
or other forms of financial assistance, and the rules and regulations promulgated hereunder shall
include standards, provisions, terms, and conditions for personnel engaged in the administration
of federally aided programs, which shall, in all respects, comply with the necessary requirements
for a qualified [
engaged in the administration of federally aided programs.
Section 39. 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 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 procedures.
(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 [
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 [
Management;
(ii) two department executive directors;
(iii) 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 [
(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 40. Section 67-19-33 is amended to read:
67-19-33. Controlled substances and alcohol use prohibited.
An employee may not:
(1) manufacture, dispense, possess, use, distribute, or be under the influence of a
controlled substance or alcohol during work hours or on state property except where legally
permissible;
(2) manufacture, dispense, possess, use, or distribute a controlled substance or alcohol if
the activity prevents:
(a) state agencies from receiving federal grants or performing under federal contracts of
$25,000 or more; or
(b) the employee to perform his services or work for state government effectively as
regulated by the rules of the [
(3) refuse to submit to a drug or alcohol test under Section 67-19-36 .
Section 41. Section 67-19-34 is amended to read:
67-19-34. Rulemaking power to director.
In accordance with this chapter and Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, the [
(1) disciplinary actions for employees subject to discipline under Section 67-19-37 ;
(2) the testing of employees for the use of controlled substances or alcohol as provided in
Section 67-19-36 ;
(3) the confidentiality of drug testing and test results performed under Section 67-19-36
in accordance with Title 63, Chapter 2, Government Records Access and Management Act; and
(4) minimum blood levels of alcohol or drug content for work effectiveness of an
employee.
Section 42. Section 67-19-36 is amended to read:
67-19-36. Drug testing of state employees.
(1) Except as provided in Subsection (2), when there is reasonable suspicion that an
employee is using a controlled substance or alcohol unlawfully during work hours, an employee
may be required to submit to medically accepted testing procedures for a determination of
whether the employee is using a controlled substance or alcohol in violation of this part.
(2) In highly sensitive positions, as identified in [
specifications, random drug testing of employees may be conducted by an agency in accordance
with the rules of the [
(3) All drug or alcohol testing shall be:
(a) conducted by a federally certified and licensed physician, a federally certified and
licensed medical clinic, or testing facility federally certified and licensed to conduct medically
accepted drug testing;
(b) conducted in accordance with the rules of the [
Section 67-19-34 ; and
(c) kept confidential in accordance with the rules of the [
accordance with Section 67-19-34 .
(4) A physician, medical clinic, or testing facility may not be held liable in any civil
action brought by a party for:
(a) performing or failing to perform a test under this section;
(b) issuing or failing to issue a test result under this section; or
(c) acting or omitting to act in any other way in good faith under this section.
Section 43. Section 67-19-37 is amended to read:
67-19-37. Discipline of employees.
An employee shall be subject to the rules of discipline of the [
accordance with Section 67-19-34 , if [
(1) refuses to submit to testing procedures provided in Section 67-19-36 ;
(2) refuses to complete a drug rehabilitation program in accordance with Subsection
67-19-38 (3);
(3) is convicted under a federal or state criminal statute regulating the manufacture,
distribution, dispensation, possession, or use of a controlled substance; or
(4) manufactures, dispenses, possesses, uses, or distributes a controlled substance in
violation of state or federal law during work hours or on state property.
Section 44. Section 67-19-38 is amended to read:
67-19-38. Violations and penalties.
In addition to other criminal penalties provided by law, an employee who:
(1) fails to notify [
disciplinary proceedings as established by the [
Section 67-19-34 ;
(2) refuses to submit to testing procedures provided for in Section 67-19-36 , may be
suspended immediately without pay pending further disciplinary action as set forth in the rules of
the [
(3) tests positive for the presence of unlawfully used controlled substances or alcohol
may be required, as part of [
rehabilitation program at [
test results or be subject to further disciplinary procedures established by rule of the [
director in accordance with Section 67-19-34 .
Section 45. Section 67-19a-303 is amended to read:
67-19a-303. Employees' rights in grievance and appeals procedure.
(1) For the purpose of processing a grievance, a career service employee may:
(a) obtain assistance by a representative of the employee's choice to act as an advocate at
any level of the grievance procedure;
(b) request a reasonable amount of time during work hours to confer with the
representative and prepare the grievance; and
(c) call other employees as witnesses at a grievance hearing.
(2) The state shall allow employees to attend and testify at the grievance hearing as
witnesses if the employee has given reasonable advance notice to [
supervisor.
(3) No person may take any reprisals against any career service employee for use of
grievance procedures specified in this chapter.
(4) (a) The employing agency of an employee who files a grievance may not place
grievance forms, grievance materials, correspondence about the grievance, agency and
department replies to the grievance, or other documents relating to the grievance in the
employee's personnel file.
(b) The employing agency of an employee who files a grievance may place records of
disciplinary action in the employee's personnel file.
(c) If any disciplinary action against an employee is rescinded through the grievance
procedures established in this chapter, the agency and the [
Resource Management shall remove the record of the disciplinary action from the employee's
agency personnel file and central personnel file.
(d) An agency may maintain a separate grievance file relating to an employee's
grievance, but shall discard the file after three years.
Section 46. Section 67-19c-101 is amended to read:
67-19c-101. Department award program.
(1) As used in this section:
(a) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of
Commerce, the Department of Community and Economic Development, the Department of
Corrections, the Department of Workforce Services, the Department of Environmental Quality,
the Department of Financial Institutions, the Department of Health, [
National Guard, the Department of Natural Resources, the Department of Public Safety, the
Public Service Commission, the Labor Commission, the State Board of Education, the State
Board of Regents, the State Tax Commission, and the Department of Transportation.
(b) "Department head" means the individual or body of individuals in whom the ultimate
legal authority of the department is vested by law.
(2) There is created a department awards program to award an outstanding employee in
each department of state government.
(3) (a) By April 1 of each year, each department head shall solicit nominations for
outstanding employee of the year for his department from the employees in his department.
(b) By July 1 of each year, the department head shall:
(i) select a person from the department to receive the outstanding employee of the year
award using the criteria established in Subsection (3)(c); and
(ii) announce the recipient of the award to his employees.
(c) Department heads shall make the award to a person who demonstrates:
(i) extraordinary competence in performing his function;
(ii) creativity in identifying problems and devising workable, cost-effective solutions to
them;
(iii) excellent relationships with the public and other employees;
(iv) a commitment to serving the public as the client; and
(v) a commitment to economy and efficiency in government.
(4) (a) The [
appropriation for outstanding department employee awards that it receives from the Legislature
equally among the departments.
(b) If the department receives monies from the [
Resource Management or if the department budget allows, the department head shall provide the
employee with a bonus, a plaque, or some other suitable acknowledgement of the award.
(5) (a) The department head may name the award after an exemplary present or former
employee of the department.
(b) A department head may not name the award for himself or for any relative as defined
in Section 52-3-1 .
(c) Any awards or award programs existing in any department as of May 3, 1993, shall
be modified to conform to the requirements of this section.
Section 47. Section 67-20-8 is amended to read:
67-20-8. Volunteer experience credit.
(1) State agencies shall designate positions for which approved volunteer experience
satisfies the job requirements for purposes of employment.
(2) When evaluating applicants for those designated positions, state agencies shall
consider documented approved volunteer experience in the same manner as similar paid
employment.
(3) The [
rules governing the:
(a) designation of volunteer positions; and
(b) a uniform process to document the approval, use, and hours worked by volunteers.
Section 48. Section 67-22-2 is amended to read:
67-22-2. Compensation -- Other state officers.
(1) The governor shall establish salaries for the following state officers within the
following salary ranges fixed by the Legislature:
State Officer Salary Range
Commissioner of Agriculture and Food $65,200 - $88,400
Commissioner of Insurance $65,200 - $88,400
Commissioner of the Labor Commission $65,200 - $88,400
Director, Alcoholic Beverage Control
Commission $65,200 - $88,400
Commissioner, Department of
Financial Institutions $65,200 - $88,400
Members, Board of Pardons and Parole $65,200 - $88,400
Executive Director, Department
of Commerce $65,200 - $88,400
Executive Director, Commission on
Criminal and Juvenile Justice $65,200 - $88,400
Adjutant General $65,200 - $88,400
Chair, Tax Commission $70,600 - $95,200
Commissioners, Tax Commission $70,600 - $95,200
Executive Director, Department of
Community and Economic
Development $70,600 - $95,200
Executive Director, Tax Commission $70,600 - $95,200
Chair, Public Service Commission $70,600 - $95,200
Commissioners, Public Service
Commission $70,600 - $95,200
Executive Director, Department
of Corrections $76,800 - $103,600
Commissioner, Department of Public Safety $76,800 - $103,600
Executive Director, Department of
Natural Resources $76,800 - $103,600
Director, Governor's Office of Planning
and Budget $76,800 - $103,600
Executive Director, Department of
Administrative Services $76,800 - $103,600
[
[
Executive Director, Department of
Environmental Quality $76,800 - $103,600
Executive Director, Department of
Workforce Services $83,600 - $112,900
Executive Director, Department of
Health $83,600 - $112,900
Executive Director, Department
of Human Services $83,600 - $112,900
Executive Director, Department
of Transportation $83,600 - $112,900
Chief Information Officer $83,600 - $112,900
(2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by
the State Retirement Office in accordance with the Internal Revenue Code and its accompanying
rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same sick leave, converted sick leave, educational allowances, and holidays
granted to Schedule B state employees, and the same annual leave granted to Schedule B state
employees with more than ten years of state service;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(3) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
(4) (a) The governor has the discretion to establish a specific salary for each office listed
in Subsection (1), and, within that discretion, may provide salary increases within the range fixed
by the Legislature.
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the performance of
the state officers listed in Subsection (1).
(5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
Act, shall be established as provided in Section 67-19-15 .
Section 49. Section 72-1-203 is amended to read:
72-1-203. Deputy director -- Appointment -- Qualifications -- Other assistants and
advisers -- Salaries.
(1) The executive director shall appoint a deputy director, who shall be a registered
professional engineer in the state and shall serve at the discretion of the executive director.
(2) The deputy director is the chief engineer of the department. The deputy director shall
assist the executive director and is responsible for:
(a) program and project development; and
(b) operation and maintenance of the state transportation systems.
(3) The executive director may also appoint assistants to administer the divisions of the
department. These assistants shall serve at the discretion of the executive director.
(4) In addition, the executive director may employ other assistants and advisers as the
executive director finds necessary and fix salaries in accordance with the salary standards
adopted by the [
Section 50. Repealer.
This bill repeals:
Section 67-19-6.4, Utah Quality Service Award program.
Section 67-19-7, State agencies contracting to perform personnel functions on own
behalf.
Section 67-19-8, Functions of department not to be delegated.
Section 67-19-9, Functions for which state agencies responsible.
Section 67-19-10, Functions which director may delegate to state agencies --
Agreements to delegate -- Contents -- Execution -- Termination.
Section 51. Legislative intent.
It is the intent of the Legislature that the Division of Human Resource Management
renumber its rules, coordinating with the Division of Administrative Rules, and correct
references within its rules by the effective date of this bill.
Section 52. Effective date.
This bill takes effect on July 1, 2006.
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