S.B. 232

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Senate 3rd Reading Amendments 2-18-2005 rd/cjd This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 11, 2005 at 10:25 AM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 18, 2005 at 11:01 AM by rday. --> 1

EXECUTIVE DIRECTOR OF DEPARTMENT OF
2 HEALTH ISSUES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Sheldon L. Killpack
6
7 LONG TITLE
8 General Description:
9 This bill amends the State Officer Compensation.
10 Highlighted Provisions:
11 This bill:
12 . permits the governor to establish a salary for the executive director of the
13 Department of Health that distinguishes between a physician or nonphysician
14 executive director.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 S. [ None ] This bill provides an immediate effective date. .S
19 Utah Code Sections Affected:
20 AMENDS:
21 67-22-2, as last amended by Chapters 156 and 306, Laws of Utah 2004
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 67-22-2 is amended to read:
25 67-22-2. Compensation -- Other state officers.
26 (1) (a) The governor shall establish salaries for the following state officers within the
27 following salary ranges fixed by the Legislature:

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29 Commissioner of Agriculture and Food $65,200 - $88,400
30 Commissioner of Insurance $65,200 - $88,400
31 Commissioner of the Labor Commission $65,200 - $88,400
32 Director, Alcoholic Beverage Control
33 Commission $65,200 - $88,400
34 Commissioner, Department of
35 Financial Institutions $65,200 - $88,400
36 Members, Board of Pardons and Parole $65,200 - $88,400
37 Executive Director, Department
38 of Commerce $65,200 - $88,400
39 Executive Director, Commission on
40 Criminal and Juvenile Justice $65,200 - $88,400
41 Adjutant General $65,200 - $88,400
42 Chair, Tax Commission $70,600 - $95,200
43 Commissioners, Tax Commission $70,600 - $95,200
44 Executive Director, Department of
45 Community and Economic
46 Development $70,600 - $95,200
47 Executive Director, Tax Commission $70,600 - $95,200
48 Chair, Public Service Commission $70,600 - $95,200
49 Commissioners, Public Service
50 Commission $70,600 - $95,200
51 Executive Director, Department
52 of Corrections $76,800 - $103,600
53 Commissioner, Department of Public Safety $76,800 - $103,600
54 Executive Director, Department of
55 Natural Resources $76,800 - $103,600
56 Director, Governor's Office of Planning
57 and Budget $76,800 - $103,600
58 Executive Director, Department of

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Senate Committee Amendments 2-11-2005 rd/cjd 59

Administrative Services $76,800 - $103,600
60 Executive Director, Department of
61 Human Resource Management $76,800 - $103,600
62 Executive Director, Department of
63 Environmental Quality $76,800 - $103,600
64 Executive Director, Department of
65 Workforce Services $83,600 - $112,900
66 Executive Director, Department of
67 Health, Nonphysician $83,600 - $112,900
68 Executive Director, Department
69 of Human Services $83,600 - $112,900
70 Executive Director, Department
71 of Transportation $83,600 - $112,900
72 Chief Information Officer $83,600 - $112,900
73 (b) If the executive director of the Department of Health is a physician, the governor
74 shall establish a salary S. [ pursuant to the ] within the highest .S physician salary range
74a established by the Department of
75 Human Resource Management.
76 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
77 follows:
78 (i) the option of participating in a state retirement system established by Title 49, Utah
79 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
80 by the State Retirement Office in accordance with the Internal Revenue Code and its
81 accompanying rules and regulations;
82 (ii) health insurance;
83 (iii) dental insurance;
84 (iv) basic life insurance;
85 (v) unemployment compensation;
86 (vi) workers' compensation;
87 (vii) required employer contribution to Social Security;
88 (viii) long-term disability income insurance;
89 (ix) the same additional state-paid life insurance available to other noncareer service

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91 (x) the same severance pay available to other noncareer service employees;
92 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
93 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
94 employees with more than ten years of state service;
95 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
96 provided by law or rule upon resignation or retirement according to the same criteria and
97 procedures applied to Schedule B state employees;
98 (xiii) the option to purchase additional life insurance at group insurance rates according
99 to the same criteria and procedures applied to Schedule B state employees; and
100 (xiv) professional memberships if being a member of the professional organization is a
101 requirement of the position.
102 (b) Each department shall pay the cost of additional state-paid life insurance for its
103 executive director from its existing budget.
104 (3) The Legislature fixes the following additional benefits:
105 (a) for the executive director of the State Tax Commission a vehicle for official and
106 personal use;
107 (b) for the executive director of the Department of Transportation a vehicle for official
108 and personal use;
109 (c) for the executive director of the Department of Natural Resources a vehicle for
110 commute and official use;
111 (d) for the Commissioner of Public Safety:
112 (i) an accidental death insurance policy if POST certified; and
113 (ii) a public safety vehicle for official and personal use;
114 (e) for the executive director of the Department of Corrections:
115 (i) an accidental death insurance policy if POST certified; and
116 (ii) a public safety vehicle for official and personal use;
117 (f) for the Adjutant General a vehicle for official and personal use; and
118 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
119 official use.
120 (4) (a) The governor has the discretion to establish a specific salary for each office

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Senate 3rd Reading Amendments 2-18-2005 rd/cjd 121

listed in Subsection (1), and, within that discretion, may provide salary increases within the
122 range fixed by the Legislature.
123 (b) The governor shall apply the same overtime regulations applicable to other FLSA
124 exempt positions.
125 (c) The governor may develop standards and criteria for reviewing the performance of
126 the state officers listed in Subsection (1).
127 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
128 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
129 Act, shall be established as provided in Section 67-19-15 .
129a S. Section 2. Effective date.
129b If approved by two-thirds of all the members elected to each house, this bill takes effect
129c upon approval by the governor, or the day following the constitutional time limit of Utah
129d Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
129e the date of veto override. .S

Legislative Review Note
as of 2-4-05 3:39 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