H.B. 327 Enrolled





Chief Sponsor: Paul Ray

Senate Sponsor: Peter C. Knudson

             7      LONG TITLE
             8      General Description:
             9          This bill modifies state career service employment provisions to include veterans for
             10      positions filled through on-the-job examinations.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends civil service Schedule B to include veterans when filling positions with
             14      on-the-job examinations.
             15      Money Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          None
             19      Utah Code Sections Affected:
             20      AMENDS:
             21           67-19-15 , as last amended by Laws of Utah 2013, Chapter 109
             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 67-19-15 is amended to read:
             25           67-19-15. Career service -- Exempt positions -- Schedules for civil service
             26      positions -- Coverage of career service provisions.
             27          (1) Except as otherwise provided by law or by rules and regulations established for
             28      federally aided programs, the following positions are exempt from the career service provisions
             29      of this chapter and are designated under the following schedules:

             30          (a) schedule AA includes the governor, members of the Legislature, and all other
             31      elected state officers;
             32          (b) schedule AB includes appointed executives and board or commission executives
             33      enumerated in Section 67-22-2 ;
             34          (c) schedule AC includes all employees and officers in:
             35          (i) the office and at the residence of the governor;
             36          (ii) the Utah Science Technology and Research Initiative (USTAR);
             37          (iii) the Public Lands Policy Coordinating Council;
             38          (iv) the Office of the State Auditor; and
             39          (v) the Office of the State Treasurer;
             40          (d) schedule AD includes employees who:
             41          (i) are in a confidential relationship to an agency head or commissioner; and
             42          (ii) report directly to, and are supervised by, a department head, commissioner, or
             43      deputy director of an agency or its equivalent;
             44          (e) schedule AG includes employees in the Office of the Attorney General who are
             45      under their own career service pay plan under Sections 67-5-7 through 67-5-13 ;
             46          (f) schedule AH includes:
             47          (i) teaching staff of all state institutions; and
             48          (ii) employees of the Utah Schools for the Deaf and the Blind who are:
             49          (A) educational interpreters as classified by the department; or
             50          (B) educators as defined by Section 53A-25b-102 ;
             51          (g) schedule AN includes employees of the Legislature;
             52          (h) schedule AO includes employees of the judiciary;
             53          (i) schedule AP includes all judges in the judiciary;
             54          (j) schedule AQ includes:
             55          (i) members of state and local boards and councils appointed by the governor and
             56      governing bodies of agencies;
             57          (ii) other local officials serving in an ex officio capacity; and

             58          (iii) officers, faculty, and other employees of state universities and other state
             59      institutions of higher education;
             60          (k) schedule AR includes employees in positions that involve responsibility:
             61          (i) for determining policy;
             62          (ii) for determining the way in which a policy is carried out; or
             63          (iii) of a type not appropriate for career service, as determined by the agency head with
             64      the concurrence of the executive director;
             65          (l) schedule AS includes any other employee:
             66          (i) whose appointment is required by statute to be career service exempt;
             67          (ii) whose agency is not subject to this chapter; or
             68          (iii) whose agency has authority to make rules regarding the performance,
             69      compensation, and bonuses for its employees;
             70          (m) schedule AT includes employees of the Department of Technology Services,
             71      designated as executive/professional positions by the executive director of the Department of
             72      Technology Services with the concurrence of the executive director;
             73          (n) schedule AU includes patients and inmates employed in state institutions;
             74          (o) employees of the Department of Workforce Services, designated as schedule AW:
             75          (i) who are temporary employees that are federally funded and are required to work
             76      under federally qualified merit principles as certified by the director; or
             77          (ii) for whom substantially all of their work is repetitive, measurable, or transaction
             78      based, and who voluntarily apply for and are accepted by the Department of Workforce
             79      Services to work in a pay for performance program designed by the Department of Workforce
             80      Services with the concurrence of the executive director; and
             81          (p) for employees in positions that are temporary, seasonal, time limited, funding
             82      limited, or variable hour in nature, under schedule codes and parameters established by the
             83      department by administrative rule.
             84          (2) The civil service shall consist of two schedules as follows:
             85          (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).

             86          (ii) Removal from any appointive position under schedule A, unless otherwise
             87      regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
             88          (b) Schedule B is the competitive career service schedule, consisting of:
             89          (i) all positions filled through competitive selection procedures as defined by the
             90      executive director; or
             91          (ii) positions filled through a department approved on-the-job examination intended to
             92      appoint a qualified person with a disability or a veteran as defined in Section 71-10-1 .
             93          (3) (a) The executive director, after consultation with the heads of concerned executive
             94      branch departments and agencies and with the approval of the governor, shall allocate positions
             95      to the appropriate schedules under this section.
             96          (b) Agency heads shall make requests and obtain approval from the executive director
             97      before changing the schedule assignment and tenure rights of any position.
             98          (c) Unless the executive director's decision is reversed by the governor, when the
             99      executive director denies an agency's request, the executive director's decision is final.
             100          (4) (a) Compensation for employees of the Legislature shall be established by the
             101      directors of the legislative offices in accordance with Section 36-12-7 .
             102          (b) Compensation for employees of the judiciary shall be established by the state court
             103      administrator in accordance with Section 78A-2-107 .
             104          (c) Compensation for officers, faculty, and other employees of state universities and
             105      institutions of higher education shall be established as provided in Title 53B, [Chapters]
             106      Chapter 1, Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2,
             107      Institutions of Higher Education.
             108          (d) Unless otherwise provided by law, compensation for all other schedule A
             109      employees shall be established by their appointing authorities, within ranges approved by, and
             110      after consultation with the executive director of the Department of Human Resource
             111      Management.
             112          (5) An employee who is in a position designated schedule AC and who holds career
             113      service status on June 30, 2010, shall retain the career service status if the employee:

             114          (a) remains in the position that the employee is in on June 30, 2010; and
             115          (b) does not elect to convert to career service exempt status in accordance with a rule
             116      made by the department.

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