S.B. 217

1

SCHOOL AND INSTITUTIONAL TRUST
2 LANDS AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Thomas V. Hatch
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies personnel management and compensation provisions for the director
11 and employees of the School and Institutional Trust Lands Administration.
12 Highlighted Provisions:
13 This bill:
14 . repeals certain exemptions from the Utah State Personnel Management Act for the
15 director and employees of the School and Institutional Trust Lands Administration;
16 . modifies compensation provisions for the director and employees of the School and
17 Institutional Trust Lands Administration; and
18 . makes technical corrections.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides an effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 53C-1-201 (Superseded 07/01/06), as last amended by Chapter 48, Laws of Utah 2005
26 53C-1-201 (Effective 07/01/06), as last amended by Chapters 48 and 181, Laws of
27 Utah 2005

28 53C-1-301, as last amended by Chapter 337, Laws of Utah 1996
29 53C-1-303, as last amended by Chapter 63, Laws of Utah 2004
30 67-22-2 (Superseded 07/01/06), as last amended by Chapter 8, Laws of Utah 2005,
31 First Special Session
32 67-22-2 (Effective 07/01/06), as last amended by Chapter 8, Laws of Utah 2005, First
33 Special Session
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53C-1-201 (Superseded 07/01/06) is amended to read:
37 53C-1-201 (Superseded 07/01/06). Creation of administration -- Purpose --
38 Director.
39 (1) (a) There is established within state government the School and Institutional Trust
40 Lands Administration.
41 (b) The administration shall manage all school and institutional trust lands and assets
42 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
43 of Revenue from Trust Lands, and Section 51-7-12 .
44 (2) The administration is an independent state agency and not a division of any other
45 department.
46 (3) (a) It is subject to the usual legislative and executive department controls except as
47 provided in this Subsection (3).
48 (b) (i) The director may make rules as approved by the board that allow the
49 administration to classify a business proposal submitted to the administration as protected
50 under Section 63-2-304 , for as long as is necessary to evaluate the proposal.
51 (ii) The administration shall return the proposal to the party who submitted the
52 proposal, and incur no further duties under Title 63, Chapter 2, Government Records Access
53 and Management Act, if the administration determines not to proceed with the proposal.
54 (iii) The administration shall classify the proposal pursuant to law if it decides to
55 proceed with the proposal.
56 (iv) Section 63-2-403 does not apply during the review period.
57 (c) The director shall make rules in compliance with Title 63, Chapter 46a, Utah
58 Administrative Rulemaking Act, except that the director, with the board's approval, may

59 establish a procedure for the expedited approval of rules, based on written findings by the
60 director showing:
61 (i) the changes in business opportunities affecting the assets of the trust;
62 (ii) the specific business opportunity arising out of those changes which may be lost
63 without the rule or changes to the rule;
64 (iii) the reasons the normal procedures under Section 63-46a-4 cannot be met without
65 causing the loss of the specific opportunity;
66 (iv) approval by at least five board members; and
67 (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
68 reasons and justifications for its findings, with the Division of Administrative Rules and
69 notified interested parties as provided in Subsection 63-46a-4 (8).
70 (d) [(i)] The administration shall comply with Title 67, Chapter 19, Utah State
71 Personnel Management Act[, except as provided in this Subsection (3)(d)].
72 [(ii) The board may approve, upon recommendation of the director, that exemption for
73 specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
74 the administration to efficiently fulfill its responsibilities under the law. The director shall
75 consult with the director of the Department of Human Resource Management prior to making
76 such a recommendation.]
77 [(iii) The positions of director, deputy director, associate director, assistant director,
78 legal counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs
79 officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).]
80 [(iv) Salaries for exempted positions, except for the director, shall be set by the
81 director, after consultation with the director of the Department of Human Resource
82 Management, within ranges approved by the board. The board and director shall consider
83 salaries for similar positions in private enterprise and other public employment when setting
84 salary ranges.]
85 [(v) The board may create an annual incentive and bonus plan for the director and other
86 administration employees designated by the board, based upon the attainment of financial
87 performance goals and other measurable criteria defined and budgeted in advance by the
88 board.]
89 (e) The administration shall comply with Title 63, Chapter 56, Utah Procurement

90 Code, except where the board approves, upon recommendation of the director, exemption from
91 the Utah Procurement Code, and simultaneous adoption of rules under Title 63, Chapter 46a,
92 Utah Administrative Rulemaking Act, for procurement, which enable the administration to
93 efficiently fulfill its responsibilities under the law.
94 (f) (i) The board and director shall review the exceptions under this Subsection (3) and
95 make recommendations for any modification, if required, which the Legislature would be asked
96 to consider during its annual general session.
97 (ii) The board and director may include in their recommendations any other proposed
98 exceptions from the usual executive and legislative controls the board and director consider
99 necessary to accomplish the purpose of this title.
100 (4) The administration is managed by a director of school and institutional trust lands
101 appointed by a majority vote of the board of trustees with the consent of the governor.
102 (5) (a) The board of trustees shall provide policies for the management of the
103 administration and for the management of trust lands and assets.
104 (b) The board shall provide policies for the ownership and control of Native American
105 remains that are discovered or excavated on school and institutional trust lands in consultation
106 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,
107 Native American Grave Protection and Repatriation Act. The director may make rules in
108 accordance with Title 63, Chapter 46a, Administrative Rulemaking Act, to implement policies
109 provided by the board regarding Native American remains.
110 (6) In connection with joint ventures for the development of trust lands and minerals
111 approved by the board under Sections 53C-1-303 and 53C-2-401 , the administration may
112 become a member of a limited liability company under Title 48, Chapter 2c, Utah Revised
113 Limited Liability Company Act, and is considered a person under Section 48-2c-102 .
114 Section 2. Section 53C-1-201 (Effective 07/01/06) is amended to read:
115 53C-1-201 (Effective 07/01/06). Creation of administration -- Purpose -- Director.
116 (1) (a) There is established within state government the School and Institutional Trust
117 Lands Administration.
118 (b) The administration shall manage all school and institutional trust lands and assets
119 within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation
120 of Revenue from Trust Lands, and Section 51-7-12 .

121 (2) The administration is an independent state agency and not a division of any other
122 department.
123 (3) (a) It is subject to the usual legislative and executive department controls except as
124 provided in this Subsection (3).
125 (b) (i) The director may make rules as approved by the board that allow the
126 administration to classify a business proposal submitted to the administration as protected
127 under Section 63-2-304 , for as long as is necessary to evaluate the proposal.
128 (ii) The administration shall return the proposal to the party who submitted the
129 proposal, and incur no further duties under Title 63, Chapter 2, Government Records Access
130 and Management Act, if the administration determines not to proceed with the proposal.
131 (iii) The administration shall classify the proposal pursuant to law if it decides to
132 proceed with the proposal.
133 (iv) Section 63-2-403 does not apply during the review period.
134 (c) The director shall make rules in compliance with Title 63, Chapter 46a, Utah
135 Administrative Rulemaking Act, except that the director, with the board's approval, may
136 establish a procedure for the expedited approval of rules, based on written findings by the
137 director showing:
138 (i) the changes in business opportunities affecting the assets of the trust;
139 (ii) the specific business opportunity arising out of those changes which may be lost
140 without the rule or changes to the rule;
141 (iii) the reasons the normal procedures under Section 63-46a-4 cannot be met without
142 causing the loss of the specific opportunity;
143 (iv) approval by at least five board members; and
144 (v) that the director has filed a copy of the rule and a rule analysis, stating the specific
145 reasons and justifications for its findings, with the Division of Administrative Rules and
146 notified interested parties as provided in Subsection 63-46a-4 (8).
147 (d) [(i)] The administration shall comply with Title 67, Chapter 19, Utah State
148 Personnel Management Act[, except as provided in this Subsection (3)(d)].
149 [(ii) The board may approve, upon recommendation of the director, that exemption for
150 specific positions under Subsections 67-19-12 (2) and 67-19-15 (1) is required in order to enable
151 the administration to efficiently fulfill its responsibilities under the law. The director shall

152 consult with the director of the Division of Human Resource Management prior to making such
153 a recommendation.]
154 [(iii) The positions of director, deputy director, associate director, assistant director,
155 legal counsel appointed under Section 53C-1-305 , administrative assistant, and public affairs
156 officer are exempt under Subsections 67-19-12 (2) and 67-19-15 (1).]
157 [(iv) Salaries for exempted positions, except for the director, shall be set by the
158 director, after consultation with the director of the Division of Human Resource Management,
159 within ranges approved by the board. The board and director shall consider salaries for similar
160 positions in private enterprise and other public employment when setting salary ranges.]
161 [(v) The board may create an annual incentive and bonus plan for the director and other
162 administration employees designated by the board, based upon the attainment of financial
163 performance goals and other measurable criteria defined and budgeted in advance by the
164 board.]
165 (e) The administration shall comply with Title 63, Chapter 56, Utah Procurement
166 Code, except where the board approves, upon recommendation of the director, exemption from
167 the Utah Procurement Code, and simultaneous adoption of rules under Title 63, Chapter 46a,
168 Utah Administrative Rulemaking Act, for procurement, which enable the administration to
169 efficiently fulfill its responsibilities under the law.
170 (f) (i) The board and director shall review the exceptions under this Subsection (3) and
171 make recommendations for any modification, if required, which the Legislature would be asked
172 to consider during its annual general session.
173 (ii) The board and director may include in their recommendations any other proposed
174 exceptions from the usual executive and legislative controls the board and director consider
175 necessary to accomplish the purpose of this title.
176 (4) The administration is managed by a director of school and institutional trust lands
177 appointed by a majority vote of the board of trustees with the consent of the governor.
178 (5) (a) The board of trustees shall provide policies for the management of the
179 administration and for the management of trust lands and assets.
180 (b) The board shall provide policies for the ownership and control of Native American
181 remains that are discovered or excavated on school and institutional trust lands in consultation
182 with the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,

183 Native American Grave Protection and Repatriation Act. The director may make rules in
184 accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, to implement
185 policies provided by the board regarding Native American remains.
186 (6) In connection with joint ventures for the development of trust lands and minerals
187 approved by the board under Sections 53C-1-303 and 53C-2-401 , the administration may
188 become a member of a limited liability company under Title 48, Chapter 2c, Utah Revised
189 Limited Liability Company Act, and is considered a person under Section 48-2c-102 .
190 Section 3. Section 53C-1-301 is amended to read:
191 53C-1-301. Director -- Term -- Removal from office.
192 (1) (a) The board, with the consent of the governor, shall select the director on the basis
193 of outstanding professional qualifications pertinent to the purposes and activities of the trust.
194 (b) If the governor withholds his consent from a candidate agreed upon by the board,
195 he shall give his reasons in writing to the board.
196 (2) The director shall serve a term of four years, or until a successor is selected and
197 qualified.
198 (3) When a vacancy occurs in the office of the director, the vacancy shall be filled
199 pursuant to Subsection (1) for the remainder of the term.
200 [(4) (a) The board:]
201 [(i) shall establish the compensation of the director; and]
202 [(ii) annually report the director's compensation to the Legislature.]
203 [(b) The compensation and performance of the director shall be examined each year as
204 part of the board's budget review process.]
205 [(5)] (4) (a) The board may remove the director from office for cause by a majority
206 vote of the board.
207 (b) (i) The governor may petition the board for removal of the director for cause.
208 (ii) The board shall hold a hearing on the governor's petition within 60 days after its
209 receipt.
210 (iii) If after the hearing the board finds by a preponderance of the evidence cause for
211 removal, it shall remove the director from office by a majority vote.
212 Section 4. Section 53C-1-303 is amended to read:
213 53C-1-303. Responsibilities of director -- Budget review -- Legal counsel --

214 Contract for services.
215 (1) In carrying out the policies of the board of trustees and in establishing procedures
216 and rules the director shall:
217 (a) take an oath of office before assuming any duties as the director;
218 (b) adopt procedures and rules necessary for the proper administration of matters
219 entrusted to the director by state law and board policy;
220 (c) submit to the board for its review and concurrence on any rules necessary for the
221 proper management of matters entrusted to the administration;
222 (d) faithfully manage the administration under the policies established by the board;
223 (e) submit to the board and for public inspection by October 1 of each year, an annual
224 management budget and financial plan for operations of the administration and, after approval
225 by the board, submit the budget to the governor;
226 (f) direct and control the budget expenditures as finally authorized and appropriated;
227 [(g) establish job descriptions and employ, within the limitation of the budget, staff
228 necessary to accomplish the purposes of the office subject to Section 53C-1-201 ;]
229 [(h)] (g) establish, in accordance with generally accepted principles of fund accounting,
230 a system to identify and account for the assets and vested interests of each beneficiary;
231 [(i)] (h) maintain appropriate records of trust activities to enable auditors appointed by
232 appropriate state agencies or the board to conduct periodic audits of trust activities;
233 [(j)] (i) provide that all leases, contracts, and agreements be submitted to legal counsel
234 for review of compliance with applicable law and fiduciary duties prior to execution and utilize
235 the services of the attorney general as provided in Section 53C-1-305 ;
236 [(k)] (j) keep the board, beneficiaries, governor, Legislature, and the public informed
237 about the work of the director and administration by reporting to the board in a public meeting
238 at least once during each calendar quarter; and
239 [(l)] (k) respond in writing within a reasonable time to a request by the board for
240 responses to questions on policies and practices affecting the management of the trust.
241 (2) Procedures and rules adopted by the Division of State Lands and Forestry as they
242 relate to trust lands prior to the effective date of this act remain in effect until amended or
243 repealed by the director.
244 (3) The administration shall be the named party in substitution of the Division of State

245 Lands and Forestry or its predecessor agencies, with respect to all documents affecting trust
246 lands from the effective date of this [act] chapter.
247 (4) The director may:
248 (a) with the consent of the state risk manager and the board, manage lands or interests
249 in lands held by any other public or private party pursuant to policies established by the board
250 and may make rules to implement these board policies;
251 (b) sue or be sued as the director of school and institutional trust lands;
252 [(c) contract with other public agencies for personnel management services;]
253 [(d)] (c) contract with any public or private entity to make improvements to or upon
254 trust lands and to carry out any of the responsibilities of the office, so long as the contract
255 requires strict adherence to trust management principles, applicable law and regulation, and is
256 subject to immediate suspension or termination for cause; and
257 [(e)] (d) with the approval of the board enter into joint ventures and other business
258 arrangements consistent with the purposes of the trust.
259 (5) Any application or bid required for the lease, permitting, or sale of lands in a
260 competitive process or any request for review pursuant to Section 53C-1-304 shall be
261 considered filed or made on the date received by the appropriate administrative office, whether
262 transmitted by United States mail or in any other manner.
263 Section 5. Section 67-22-2 (Superseded 07/01/06) is amended to read:
264 67-22-2 (Superseded 07/01/06). Compensation -- Other state officers.
265 (1) The governor shall establish salaries for the following state officers within the
266 following salary ranges fixed by the Legislature:
267 State Officer Salary Range
268 Commissioner of Agriculture and Food $66,800 - $90,600
269 Commissioner of Insurance $66,800 - $90,600
270 Commissioner of the Labor Commission $66,800 - $90,600
271 Director, Alcoholic Beverage Control
272 Commission $66,800 - $90,600
273 Commissioner, Department of
274 Financial Institutions $66,800 - $90,600
275 Members, Board of Pardons and Parole $66,800 - $90,600

276 Executive Director, Department
277 of Commerce $66,800 - $90,600
278 Executive Director, Commission on
279 Criminal and Juvenile Justice $66,800 - $90,600
280 Adjutant General $66,800 - $90,600
281 Chair, Tax Commission $72,400 - $97,600
282 Commissioners, Tax Commission $72,400 - $97,600
283 Executive Director, Department of
284 Community and Culture $72,400 - $97,600
285 Executive Director, Tax Commission $72,400 - $97,600
286 Chair, Public Service Commission $72,400 - $97,600
287 Commissioners, Public Service
288 Commission $72,400 - $97,600
289 Executive Director, Department
290 of Corrections $78,700 - $106,200
291 Commissioner, Department of Public Safety $78,700 - $106,200
292 Executive Director, Department of
293 Natural Resources $78,700 - $106,200
294 Director, Governor's Office of Planning
295 and Budget $78,700 - $106,200
296 Executive Director, Department of
297 Administrative Services $78,700 - $106,200
298 Executive Director, Department of
299 Human Resource Management $78,700 - $106,200
300 Executive Director, Department of
301 Environmental Quality $78,700 - $106,200
302 Director, Governor's Office
303 of Economic Development $78,700 - $106,200
304 Director, School and Institutional
305 Trust Lands Administration $85,700 - $115,700
306 Executive Director, Department of

307 Workforce Services $85,700 - $115,700
308 Executive Director, Department of
309 Health $85,700 - $115,700
310 Executive Director, Department
311 of Human Services $85,700 - $115,700
312 Executive Director, Department
313 of Transportation $85,700 - $115,700
314 Executive Director, Department
315 of Information Technology
316 Services $85,700 - $115,700
317 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
318 follows:
319 (i) the option of participating in a state retirement system established by Title 49, Utah
320 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
321 by the State Retirement Office in accordance with the Internal Revenue Code and its
322 accompanying rules and regulations;
323 (ii) health insurance;
324 (iii) dental insurance;
325 (iv) basic life insurance;
326 (v) unemployment compensation;
327 (vi) workers' compensation;
328 (vii) required employer contribution to Social Security;
329 (viii) long-term disability income insurance;
330 (ix) the same additional state-paid life insurance available to other noncareer service
331 employees;
332 (x) the same severance pay available to other noncareer service employees;
333 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
334 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
335 employees with more than ten years of state service;
336 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
337 provided by law or rule upon resignation or retirement according to the same criteria and

338 procedures applied to Schedule B state employees;
339 (xiii) the option to purchase additional life insurance at group insurance rates according
340 to the same criteria and procedures applied to Schedule B state employees; and
341 (xiv) professional memberships if being a member of the professional organization is a
342 requirement of the position.
343 (b) Each department shall pay the cost of additional state-paid life insurance for its
344 executive director from its existing budget.
345 (3) The Legislature fixes the following additional benefits:
346 (a) for the executive director of the State Tax Commission a vehicle for official and
347 personal use;
348 (b) for the executive director of the Department of Transportation a vehicle for official
349 and personal use;
350 (c) for the executive director of the Department of Natural Resources a vehicle for
351 commute and official use;
352 (d) for the Commissioner of Public Safety:
353 (i) an accidental death insurance policy if POST certified; and
354 (ii) a public safety vehicle for official and personal use;
355 (e) for the executive director of the Department of Corrections:
356 (i) an accidental death insurance policy if POST certified; and
357 (ii) a public safety vehicle for official and personal use;
358 (f) for the Adjutant General a vehicle for official and personal use; and
359 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
360 official use.
361 (4) (a) The governor has the discretion to establish a specific salary for each office
362 listed in Subsection (1), and, within that discretion, may provide salary increases within the
363 range fixed by the Legislature.
364 (b) The governor shall apply the same overtime regulations applicable to other FLSA
365 exempt positions.
366 (c) The governor may develop standards and criteria for reviewing the performance of
367 the state officers listed in Subsection (1).
368 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are

369 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
370 Act, shall be established as provided in Section 67-19-15 .
371 Section 6. Section 67-22-2 (Effective 07/01/06) is amended to read:
372 67-22-2 (Effective 07/01/06). Compensation -- Other state officers.
373 (1) The governor shall establish salaries for the following state officers within the
374 following salary ranges fixed by the Legislature:
375 State Officer Salary Range
376 Commissioner of Agriculture and Food $66,800 - $90,600
377 Commissioner of Insurance $66,800 - $90,600
378 Commissioner of the Labor Commission $66,800 - $90,600
379 Director, Alcoholic Beverage Control
380 Commission $66,800 - $90,600
381 Commissioner, Department of
382 Financial Institutions $66,800 - $90,600
383 Members, Board of Pardons and Parole $66,800 - $90,600
384 Executive Director, Department
385 of Commerce $66,800 - $90,600
386 Executive Director, Commission on
387 Criminal and Juvenile Justice $66,800 - $90,600
388 Adjutant General $66,800 - $90,600
389 Chair, Tax Commission $72,400 - $97,600
390 Commissioners, Tax Commission $72,400 - $97,600
391 Executive Director, Department of
392 Community and Culture $72,400 - $97,600
393 Executive Director, Tax Commission $72,400 - $97,600
394 Chair, Public Service Commission $72,400 - $97,600
395 Commissioners, Public Service
396 Commission $72,400 - $97,600
397 Executive Director, Department
398 of Corrections $78,700 - $106,200
399 Commissioner, Department of Public Safety $78,700 - $106,200

400 Executive Director, Department of
401 Natural Resources $78,700 - $106,200
402 Director, Governor's Office of Planning
403 and Budget $78,700 - $106,200
404 Executive Director, Department of
405 Administrative Services $78,700 - $106,200
406 Executive Director, Department of
407 Environmental Quality $78,700 - $106,200
408 Director, Governor's Office
409 of Economic Development $78,700 - $106,200
410 Director, School and Institutional
411 Trust Lands Administration $85,700 - $115,700
412 Executive Director, Department of
413 Workforce Services $85,700 - $115,700
414 Executive Director, Department of
415 Health $85,700 - $115,700
416 Executive Director, Department
417 of Human Services $85,700 - $115,700
418 Executive Director, Department
419 of Transportation $85,700 - $115,700
420 Executive Director, Department
421 of Information Technology
422 Services $85,700 - $115,700
423 (2) (a) The Legislature fixes benefits for the state offices outlined in Subsection (1) as
424 follows:
425 (i) the option of participating in a state retirement system established by Title 49, Utah
426 State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
427 by the State Retirement Office in accordance with the Internal Revenue Code and its
428 accompanying rules and regulations;
429 (ii) health insurance;
430 (iii) dental insurance;

431 (iv) basic life insurance;
432 (v) unemployment compensation;
433 (vi) workers' compensation;
434 (vii) required employer contribution to Social Security;
435 (viii) long-term disability income insurance;
436 (ix) the same additional state-paid life insurance available to other noncareer service
437 employees;
438 (x) the same severance pay available to other noncareer service employees;
439 (xi) the same sick leave, converted sick leave, educational allowances, and holidays
440 granted to Schedule B state employees, and the same annual leave granted to Schedule B state
441 employees with more than ten years of state service;
442 (xii) the option to convert accumulated sick leave to cash or insurance benefits as
443 provided by law or rule upon resignation or retirement according to the same criteria and
444 procedures applied to Schedule B state employees;
445 (xiii) the option to purchase additional life insurance at group insurance rates according
446 to the same criteria and procedures applied to Schedule B state employees; and
447 (xiv) professional memberships if being a member of the professional organization is a
448 requirement of the position.
449 (b) Each department shall pay the cost of additional state-paid life insurance for its
450 executive director from its existing budget.
451 (3) The Legislature fixes the following additional benefits:
452 (a) for the executive director of the State Tax Commission a vehicle for official and
453 personal use;
454 (b) for the executive director of the Department of Transportation a vehicle for official
455 and personal use;
456 (c) for the executive director of the Department of Natural Resources a vehicle for
457 commute and official use;
458 (d) for the Commissioner of Public Safety:
459 (i) an accidental death insurance policy if POST certified; and
460 (ii) a public safety vehicle for official and personal use;
461 (e) for the executive director of the Department of Corrections:

462 (i) an accidental death insurance policy if POST certified; and
463 (ii) a public safety vehicle for official and personal use;
464 (f) for the Adjutant General a vehicle for official and personal use; and
465 (g) for each member of the Board of Pardons and Parole a vehicle for commute and
466 official use.
467 (4) (a) The governor has the discretion to establish a specific salary for each office
468 listed in Subsection (1), and, within that discretion, may provide salary increases within the
469 range fixed by the Legislature.
470 (b) The governor shall apply the same overtime regulations applicable to other FLSA
471 exempt positions.
472 (c) The governor may develop standards and criteria for reviewing the performance of
473 the state officers listed in Subsection (1).
474 (5) Salaries for other Schedule A employees, as defined in Section 67-19-15 , which are
475 not provided for in this chapter, or in Title 67, Chapter 8, Utah Executive and Judicial Salary
476 Act, shall be established as provided in Section 67-19-15 .
477 Section 7. Effective date.
478 This bill takes effect on May 1, 2006, except that the amendments to Section 53C-1-201
479 (Effective 07/01/06) and Section 67-22-2 (Effective 07/01/06) take effect on July 1, 2006.




Legislative Review Note
as of 2-1-06 10:41 AM

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