H.B. 288

1

EXECUTIVE COMPENSATION AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Jeff Alexander
5
6 LONG TITLE
7 General Description:
8 This bill increases salaries, salary ranges, and benefits for constitutional officers and
9 certain other state officers.
10 Highlighted Provisions:
11 This bill:
12 . increases salaries for the governor, lieutenant governor, attorney general, state
13 auditor, and state treasurer;
14 . increases salary ranges for certain identified state officers; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill takes effect July 2, 2005.
20 This bill provides coordination clauses.
21 Utah Code Sections Affected:
22 AMENDS:
23 67-22-1, as last amended by Chapter 306, Laws of Utah 2004
24 67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 67-22-1 is amended to read:

28 67-22-1. Compensation -- Constitutional offices.
29 (1) The Legislature fixes salaries for the constitutional offices as follows:
30 (a) Governor [$101,600] $106,200;
31 (b) Lieutenant Governor [$79,000] 95% of the governor's salary;
32 (c) Attorney General [$85,400] $95,600;
33 (d) State Auditor [$81,500] $85,000; and
34 (e) State Treasurer [$79,000] $85,000.
35 (2) The Legislature fixes benefits for the constitutional offices as follows:
36 (a) Governor:
37 (i) a vehicle for official and personal use;
38 (ii) housing;
39 (iii) household and security staff;
40 (iv) household expenses;
41 (v) retirement benefits as provided in Title 49;
42 (vi) health insurance;
43 (vii) dental insurance;
44 (viii) basic life insurance;
45 (ix) workers' compensation;
46 (x) required employer contribution to Social Security;
47 (xi) long-term disability income insurance; and
48 (xii) the same additional state paid life insurance available to other noncareer service
49 employees.
50 (b) Lieutenant governor, attorney general, state auditor, and state treasurer:
51 (i) a vehicle for official and personal use;
52 (ii) the option of participating in a state retirement system established by Title 49,
53 Chapter 12, Public Employees' Contributory Retirement Act, or Chapter 13, Public Employees'
54 Noncontributory Retirement Act, or in a deferred compensation plan administered by the State
55 Retirement Office, in accordance with the Internal Revenue Code and its accompanying rules
56 and regulations;
57 (iii) health insurance;
58 (iv) dental insurance;

59 (v) basic life insurance;
60 (vi) workers' compensation;
61 (vii) required employer contribution to Social Security;
62 (viii) long-term disability income insurance; and
63 (ix) the same additional state paid life insurance available to other noncareer service
64 employees.
65 (c) Each constitutional office shall pay the cost of the additional state-paid life
66 insurance for its constitutional officer from its existing budget.
67 Section 2. Section 67-22-2 is amended to read:
68 67-22-2. Compensation -- Other state officers.
69 (1) (a) The governor shall establish salaries for the following state officers within the
70 following salary ranges fixed by the Legislature:
71 State Officer Salary Range
72 Commissioner of Agriculture and Food [$65,200 - $88,400] $68,100 - $92,400
73 Commissioner of Insurance [$65,200 - $88,400] $68,100 - $92,400
74 Commissioner of the Labor Commission [$65,200 - $88,400] $68,100 - $92,400
75 Director, Alcoholic Beverage Control
76 Commission [$65,200 - $88,400] $68,100 - $92,400
77 Commissioner, Department of
78 Financial Institutions [$65,200 - $88,400] $68,100 - $92,400
79 Members, Board of Pardons and Parole [$65,200 - $88,400] $68,100 - $92,400
80 Executive Director, Department
81 of Commerce [$65,200 - $88,400] $68,100 - $92,400
82 Executive Director, Commission on
83 Criminal and Juvenile Justice [$65,200 - $88,400] $68,100 - $92,400
84 Adjutant General [$65,200 - $88,400] $68,100 - $92,400
85 Chair, Tax Commission [$70,600 - $95,200] $73,800 - $99,500
86 Commissioners, Tax Commission [$70,600 - $95,200] $73,800 - $99,500
87 Executive Director, Department of
88 Community and Economic
89 Development [$70,600 - $95,200] $73,800 - $99,500

90 Executive Director, Tax Commission [$70,600 - $95,200] $73,800 - $99,500
91 Chair, Public Service Commission [$70,600 - $95,200] $73,800 - $99,500
92 Commissioners, Public Service
93 Commission [$70,600 - $95,200] $73,800 - $99,500
94 Executive Director, Department
95 of Corrections [$76,800 - $103,600] $80,300 - $108,300
96 Commissioner, Department of Public Safety [$76,800 - $103,600] $80,300 - $108,300
97 Executive Director, Department of
98 Natural Resources [$76,800 - $103,600] $80,300 - $108,300
99 Director, Governor's Office of Planning
100 and Budget [$76,800 - $103,600] $80,300 - $108,300
101 Executive Director, Department of
102 Administrative Services [$76,800 - $103,600] $80,300 - $108,300
103 Executive Director, Department of
104 Human Resource Management [$76,800 - $103,600] $80,300 - $108,300
105 Executive Director, Department of
106 Environmental Quality [$76,800 - $103,600] $80,300 - $108,300
107 Executive Director, Department of
108 Workforce Services [$83,600 - $112,900] $87,400 - $118,000
109 Executive Director, Department of
110 Health, Nonphysician [$83,600 - $112,900] $87,400 - $118,000
111 Executive Director, Department
112 of Human Services [$83,600 - $112,900] $87,400 - $118,000
113 Executive Director, Department
114 of Transportation [$83,600 - $112,900] $87,400 - $118,000
115 Chief Information Officer [$83,600 - $112,900] $87,400 - $118,000
116 (b) If the executive director of the Department of Health is a physician, the governor
117 shall establish a salary within the highest physician salary range established by the Department
118 of Human Resource Management.
119 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
120 follows:

121 (i) the option of participating in a state retirement system established by Title 49, Utah
122 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
123 by the State Retirement Office in accordance with the Internal Revenue Code and its
124 accompanying rules and regulations;
125 (ii) health insurance;
126 (iii) dental insurance;
127 (iv) basic life insurance;
128 (v) unemployment compensation;
129 (vi) workers' compensation;
130 (vii) required employer contribution to Social Security;
131 (viii) long-term disability income insurance;
132 (ix) the same additional state-paid life insurance available to other noncareer service
133 employees;
134 (x) the same severance pay available to other noncareer service employees;
135 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
136 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
137 employees with more than ten years of state service;
138 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
139 provided by law or rule upon resignation or retirement according to the same criteria and
140 procedures applied to Schedule B state employees;
141 (xiii) the option to purchase additional life insurance at group insurance rates according
142 to the same criteria and procedures applied to Schedule B state employees; and
143 (xiv) professional memberships if being a member of the professional organization is a
144 requirement of the position.
145 (b) Each department shall pay the cost of additional state-paid life insurance for its
146 executive director from its existing budget.
147 (3) The Legislature fixes the following additional benefits:
148 (a) for the executive director of the State Tax Commission a vehicle for official and
149 personal use;
150 (b) for the executive director of the Department of Transportation a vehicle for official
151 and personal use;

152 (c) for the executive director of the Department of Natural Resources a vehicle for
153 commute and official use;
154 (d) for the Commissioner of Public Safety:
155 (i) an accidental death insurance policy if POST certified; and
156 (ii) a public safety vehicle for official and personal use;
157 (e) for the executive director of the Department of Corrections:
158 (i) an accidental death insurance policy if POST certified; and
159 (ii) a public safety vehicle for official and personal use;
160 (f) for the Adjutant General a vehicle for official and personal use; and
161 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
162 official use.
163 (4) (a) The governor has the discretion to establish a specific salary for each office
164 listed in Subsection (1), and, within that discretion, may provide salary increases within the
165 range fixed by the Legislature.
166 (b) The governor shall apply the same overtime regulations applicable to other FLSA
167 exempt positions.
168 (c) The governor may develop standards and criteria for reviewing the performance of
169 the state officers listed in Subsection (1).
170 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
171 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
172 Act, shall be established as provided in Section 67-19-15 .
173 Section 3. Effective date.
174 This bill takes effect July 2, 2005.
175 Section 4. Coordinating H.B. 288 with H.B. 109.
176 If this H.B. 288 and H.B. 109, Information Technology Governance Amendments, both
177 pass, it is the intent of the Legislature that the Office of Legislative Research and General
178 Counsel, in preparing the Utah Code database shall, in the list of titles in Subsection
179 67-22-2 (1)(a) delete "Chief Information Officer" and insert "Executive Director, Department of
180 Information Technology Services" as provided in H. B. 109 and attach the salary range
181 established in this bill for the Chief Information Officer to the position of Executive Director,
182 Department of Information Technology Services.

183 Section 5. Coordinating H.B. 288 with H.B. 128.
184 If this H.B. 288 and H.B. 128, Compensation of Executive Officers, both pass it is the
185 intent of the Legislature that the amendments to Sections 67-22-1 and 67-22-2 in this H.B. 288
186 supersede any amendments to those sections contained in H.B. 128, Compensation of
187 Executive Officers.
188 Section 6. Coordinating H.B. 288 with H.B. 318.
189 If this H.B. 288 and H.B. 318, Community and Economic Development Restructuring,
190 both pass, it is the intent of the Legislature that the Office of Legislative Research and General
191 Counsel, in preparing the Utah Code database for publication:
192 (1) increase the salary range provided in H. B. 318 for "Executive Director,
193 Department of Community and Culture" to "$73,800-$99,500" to correspond to salary ranges
194 established in this bill; and
195 (2) increase the salary range provided in H. B. 318 for "Director, Governor's Office of
196 Economic Development" to "$80,300 - $108,300" to correspond to salary ranges established in
197 this bill.




Legislative Review Note
as of 2-28-05 3:20 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel