Representative Craig Hall proposes the following substitute bill:




Chief Sponsor: Aaron Osmond

House Sponsor: Craig Hall


8     General Description:
9          This bill amends provisions related to the compensation of members of the State Board
10     of Education.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the Legislature shall set the compensation of members of the State
14     Board of Education annually in an appropriations act;
15          ▸     addresses the compensation of members of the State Board of Education until the
16     Legislature sets that compensation in an appropriations act;
17          ▸     requires the Legislature to consider recommendations, if any, on the compensation
18     of members of the State Board of Education made by the Elected Official and
19     Judicial Compensation Commission;
20          ▸     amends the powers and duties of the Elected Official and Judicial Compensation
21     Commission to include making recommendations on compensation of members of
22     the State Board of Education; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          53A-1-202, as last amended by Laws of Utah 2010, Chapter 286
31          67-8-5, as last amended by Laws of Utah 2007, Chapter 34

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53A-1-202 is amended to read:
35          53A-1-202. Compensation for members of the State Board of Education --
36     Insurance -- Per diem and expenses.
37          [(1) Each member of the State Board of Education shall receive $3,000 per year,
38     payable monthly, as compensation for services.]
39          (1) (a) The Legislature shall set the compensation of members of the State Board of
40     Education annually in an appropriations act.
41          (b) Until the Legislature sets the compensation of members of the State Board of
42     Education in an appropriations act, each member of the State Board of Education shall receive
43     compensation of $3,000 per year.
44          (c) Compensation of members of the State Board of Education is payable monthly.
45          (d) In setting the compensation of members of the State Board of Education, the
46     Legislature shall consider the recommendations, if any, the Elected Official and Judicial
47     Compensation Commission makes in accordance with Section 67-8-5.
48          (2) A board member may participate in any group insurance plan provided to
49     employees of the State Office of Education as part of their compensation on the same basis as
50     required for employee participation.
51          (3) In addition to the provisions of Subsections (1) and (2), a board member may
52     receive per diem and travel expenses in accordance with:
53          (a) Section 63A-3-106;
54          (b) Section 63A-3-107; and
55          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
56     63A-3-107.

57          Section 2. Section 67-8-5 is amended to read:
58          67-8-5. Duties of commission -- Salary recommendations.
59          (1) The commission shall recommend to the Legislature [salaries for]:
60          (a) salaries for the governor, the lieutenant governor, the attorney general, the state
61     auditor, and the state treasurer; [and]
62          (b) salaries for justices of the Supreme Court and judges of the constitutional and
63     statutory courts of record[.]; and
64          (c) compensation for members of the State Board of Education.
65          (2) The commission shall:
66          (a) in making recommendations on salaries described in Subsections (1)(a) and (b):
67          (i) make studies and formulate recommendations concerning the wage and salary
68     classification plan based upon factors such as educational requirements, experience,
69     responsibility, accountability for funds and staff, comparisons with wages paid in other
70     comparable public and private employment within this state, and other states similarly situated,
71     and any other factors generally used in similar comprehensive wage and salary classification
72     plans so that the plan and its administration reflect current conditions at all times; and
73          [(b)] (ii) consult and advise with, and make recommendation to, the Department of
74     Human Resource Management regarding the plan, its administration, and the position of any
75     elected official and judge covered by the plan;
76          (b) in making recommendations on compensation described in Subsection (1)(c), make
77     studies and formulate recommendations concerning compensation of members of state boards
78     of education in other states and other factors the commission determines to be relevant so that
79     the compensation reflects current conditions at all times;
80          (c) submit to the Executive Appropriations Committee not later than 60 days before
81     commencement of each annual general session:
82          (i) a report briefly summarizing its activities during the calendar year immediately
83     preceding the session;
84          (ii) recommendations concerning revisions, modifications, or changes, if any, [which]
85     that should be made in the plan, its administration, [or in] the classification of any [officer]
86     elected official or judge under the plan, or the compensation of members of the State Board of
87     Education; and

88          (iii) specific recommendations regarding the office of governor, lieutenant governor,
89     attorney general, state auditor, and state treasurer concerning adjustments, if any, that should be
90     made in the salary or other emoluments of office so that all elected and judicial officials receive
91     equitable and consistent treatment regardless of whether salaries are fixed by the Legislature or
92     by the Department of Human Resource Management; and
93          (d) conduct a comprehensive review of judicial salary levels and make
94     recommendations for judicial salaries in a report to the president of the Senate, the speaker of
95     the House of Representatives, and the governor by November 1, prior to the convening of the
96     general session of the Legislature in each odd-numbered year.
97          (3) (a) The recommendation under Subsection (2)(d) shall be based upon consultation
98     with the Judicial Council and upon consideration for the career status of judges. It shall be
99     based upon comparisons with salaries paid in other states and in comparable public and private
100     employment within this state.
101          (b) In even-numbered years, the commission shall update its prior report, based upon
102     the Consumer Price Index and other relevant factors, and shall forward its updated
103     recommendations as prescribed in this section.
104          (4) The Judicial Council shall cooperate with the commission in providing information
105     on the judicial branch of government and on the individual levels of court as requested. The
106     director of personnel from the Office of the Court Administrator shall provide the salary
107     comparison data referred to in this section to the legislative fiscal analyst and shall provide
108     other staff assistance and support as requested by the legislative fiscal analyst.