1     
TAX COMMISSIONERS' COMPENSATION

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Mike K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill amends the compensation provisions of the chair and commissioners of the
10     State Tax Commission.
11     Highlighted Provisions:
12          This bill:
13          ▸     sets the maximum salary for the chair and commissioners of the State Tax
14     Commission.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          67-22-2, as last amended by Laws of Utah 2013, Chapters 214 and 310
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) As used in this section:
27          (a) "Appointed executive" means the:

28          (i) commissioner of the Department of Agriculture and Food;
29          (ii) commissioner of the Insurance Department;
30          (iii) commissioner of the Labor Commission;
31          (iv) director, Department of Alcoholic Beverage Control;
32          (v) commissioner of the Department of Financial Institutions;
33          (vi) executive director, Department of Commerce;
34          (vii) executive director, Commission on Criminal and Juvenile Justice;
35          (viii) adjutant general;
36          (ix) executive director, Department of Heritage and Arts;
37          (x) executive director, Department of Corrections;
38          (xi) commissioner, Department of Public Safety;
39          (xii) executive director, Department of Natural Resources;
40          (xiii) executive director, Governor's Office of Management and Budget;
41          (xiv) executive director, Department of Administrative Services;
42          (xv) executive director, Department of Human Resource Management;
43          (xvi) executive director, Department of Environmental Quality;
44          (xvii) director, Governor's Office of Economic Development;
45          (xviii) executive director, Utah Science Technology and Research Governing
46     Authority;
47          (xix) executive director, Department of Workforce Services;
48          (xx) executive director, Department of Health, Nonphysician;
49          (xxi) executive director, Department of Human Services;
50          (xxii) executive director, Department of Transportation;
51          (xxiii) executive director, Department of Technology Services; and
52          (xxiv) executive director, Department of Veterans' and Military Affairs.
53          (b) "Board or commission executive" means:
54          (i) members, Board of Pardons and Parole;
55          (ii) chair, State Tax Commission;
56          (iii) commissioners, State Tax Commission;
57          (iv) executive director, State Tax Commission;
58          (v) chair, Public Service Commission; and

59          (vi) commissioners, Public Service Commission.
60          (c) "Deputy" means the person who acts as the appointed executive's second in
61     command as determined by the Department of Human Resource Management.
62          (2) (a) The executive director of the Department of Human Resource Management
63     shall:
64          (i) before October 31 of each year, recommend to the governor a compensation plan for
65     the appointed executives and the board or commission executives; and
66          (ii) base those recommendations on market salary studies conducted by the Department
67     of Human Resource Management.
68          (b) (i) The Department of Human Resource Management shall determine the salary
69     range for the appointed executives by:
70          (A) identifying the salary range assigned to the appointed executive's deputy;
71          (B) designating the lowest minimum salary from those deputies' salary ranges as the
72     minimum salary for the appointed executives' salary range; and
73          (C) designating 105% of the highest maximum salary range from those deputies' salary
74     ranges as the maximum salary for the appointed executives' salary range.
75          (ii) If the deputy is a medical doctor, the Department of Human Resource Management
76     may not consider that deputy's salary range in designating the salary range for appointed
77     executives.
78          (c) [In] (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges
79     for board or commission executives, the Department of Human Resource Management shall set
80     the maximum salary in the salary range for each of those positions at 90% of the salary for
81     district judges as established in the annual appropriation act under Section 67-8-2.
82          (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
83     or (iii), the Department of Human Resource Management shall set the maximum salary in the
84     salary range for each of those positions at 100% of the salary for district judges as established
85     in the annual appropriation act under Section 67-8-2.
86          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
87     specific salary for each appointed executive within the range established under Subsection
88     (2)(b).
89          (ii) If the executive director of the Department of Health is a physician, the governor

90     shall establish a salary within the highest physician salary range established by the Department
91     of Human Resource Management.
92          (iii) The governor may provide salary increases for appointed executives within the
93     range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
94          (b) The governor shall apply the same overtime regulations applicable to other FLSA
95     exempt positions.
96          (c) The governor may develop standards and criteria for reviewing the appointed
97     executives.
98          (4) Salaries for other Schedule A employees, as defined in Section 67-19-15, that are
99     not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
100     Salary Act, shall be established as provided in Section 67-19-15.
101          (5) (a) The Legislature fixes benefits for the appointed executives and the board or
102     commission executives as follows:
103          (i) the option of participating in a state retirement system established by Title 49, Utah
104     State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
105     by the State Retirement Office in accordance with the Internal Revenue Code and its
106     accompanying rules and regulations;
107          (ii) health insurance;
108          (iii) dental insurance;
109          (iv) basic life insurance;
110          (v) unemployment compensation;
111          (vi) workers' compensation;
112          (vii) required employer contribution to Social Security;
113          (viii) long-term disability income insurance;
114          (ix) the same additional state-paid life insurance available to other noncareer service
115     employees;
116          (x) the same severance pay available to other noncareer service employees;
117          (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
118     follows:
119          (A) sick leave;
120          (B) converted sick leave if accrued prior to January 1, 2014;

121          (C) educational allowances;
122          (D) holidays; and
123          (E) annual leave except that annual leave shall be accrued at the maximum rate
124     provided to Schedule B state employees;
125          (xii) the option to convert accumulated sick leave to cash or insurance benefits as
126     provided by law or rule upon resignation or retirement according to the same criteria and
127     procedures applied to Schedule B state employees;
128          (xiii) the option to purchase additional life insurance at group insurance rates according
129     to the same criteria and procedures applied to Schedule B state employees; and
130          (xiv) professional memberships if being a member of the professional organization is a
131     requirement of the position.
132          (b) Each department shall pay the cost of additional state-paid life insurance for its
133     executive director from its existing budget.
134          (6) The Legislature fixes the following additional benefits:
135          (a) for the executive director of the State Tax Commission a vehicle for official and
136     personal use;
137          (b) for the executive director of the Department of Transportation a vehicle for official
138     and personal use;
139          (c) for the executive director of the Department of Natural Resources a vehicle for
140     commute and official use;
141          (d) for the commissioner of Public Safety:
142          (i) an accidental death insurance policy if POST certified; and
143          (ii) a public safety vehicle for official and personal use;
144          (e) for the executive director of the Department of Corrections:
145          (i) an accidental death insurance policy if POST certified; and
146          (ii) a public safety vehicle for official and personal use;
147          (f) for the adjutant general a vehicle for official and personal use; and
148          (g) for each member of the Board of Pardons and Parole a vehicle for commute and
149     official use.







Legislative Review Note
     as of 12-18-14 12:54 PM


Office of Legislative Research and General Counsel