1     
STATE SCHOOL BOARD AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Francis D. Gibson

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
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 compensation of members of the State Board of Education shall be the
14     same as, and set through the same process as, compensation of members of the
15     Legislature with certain exceptions; and
16          ▸     makes technical and conforming corrections.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          36-2-3, as last amended by Laws of Utah 2010, Chapter 133
24          53A-1-202, as last amended by Laws of Utah 2015, Chapter 289
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 36-2-3 is amended to read:
28          36-2-3. Salaries of members set by Legislature and State Board of Education
29     based on recommendations of Legislative Compensation Commission.
30          (1) (a) Except as provided in [Subsections] Subsection (2)[,] or (3), [or (4),] the
31     salaries of members of the Legislature shall automatically be set beginning January [1st] 1 of
32     each odd-numbered year at the amount recommended by the Legislative Compensation
33     Commission in the last report issued by the commission in the preceding even-numbered year.
34          (b) This salary recommendation shall be based on either:
35          (i) a daily basis:
36          (A) for each calendar day for annual general sessions; and
37          (B) for each day a legislator attends veto-override and special sessions and other
38     authorized legislative meetings; or
39          (ii) an annualized salary.
40          (c) In preparing its report, the commission may recommend salary amounts that:
41          (i) take into account the amounts received by legislators for legislative expenses; and
42          (ii) provide alternative salary amounts based upon the occurrence of various
43     contingencies.
44          (2) (a) During an even-numbered annual general session or special session in the year
45     immediately preceding the effective date of any salary change, the Legislature may reject or
46     decrease the salary recommendation, but may not increase the salary recommendation.
47          (b) If the Legislature does not act as provided in Subsection (2)(a), they have by law
48     accepted the Legislative Compensation Commission's recommendations contained in the last
49     report issued by the commission in the preceding even-numbered year.
50          [(3) Unless the commission issues a revised report after March 11, 2010, and
51     notwithstanding Subsection (2), the salary for a member of the Legislature through calendar
52     year 2011 is $117 per day for each calendar day that the legislator attends:]
53          [(a) the annual general session;]
54          [(b) a veto-override session;]
55          [(c) a special session; or]
56          [(d) an authorized legislative meeting.]
57          [(4)] (3) If the last report issued by the commission in an even-numbered year
58     recommends a salary contingent upon certain action being taken by the Legislature, that
59     contingent legislative salary:
60          (a) takes effect on the day after the day that the contingent action is taken by the
61     Legislature; and
62          (b) supersedes any other salary in effect as of January 1.
63          (4) (a) The salary for a member of the State Board of Education shall be:
64          (i) the same as the salary for a member of the Legislature; and
65          (ii) except as provided in Subsection (4)(b), set in accordance with this section and
66     Subsection 36-2-2(1).
67          (b) For purposes of setting the salary for a member of the State Board of Education:
68          (i) a calendar day for the annual general session described in Subsection (1)(b)(i)(A) is
69     interpreted as a calendar day of:
70          (A) a meeting of the State Board of Education; and
71          (B) any other meeting authorized by the State Board of Education; and
72          (ii) unless the Legislative Compensation Commission issues a revised report on or after
73     July 1, 2016, the salary for a member of the State Board of Education through calendar year
74     2016 is $273 per day for each calendar day that a member attends a meeting described in
75     Subsection (4)(b)(i)(A) or (B).
76          Section 2. Section 53A-1-202 is amended to read:
77          53A-1-202. Compensation for members of the State Board of Education --
78     Insurance -- Per diem and expenses.
79          [(1) (a) The Legislature shall set the compensation of members of the State Board of
80     Education annually in an appropriations act.]
81          [(b) Until the Legislature sets the compensation of members of the State Board of
82     Education in an appropriations act, each member of the State Board of Education shall receive
83     compensation of $3,000 per year.]
84          [(c) Compensation of members of the State Board of Education is payable monthly.]
85          [(d) In setting the compensation of members of the State Board of Education, the
86     Legislature shall consider the recommendations, if any, the Elected Official and Judicial
87     Compensation Commission makes in accordance with Section 67-8-5.]
88          (1) The salary for a member of the State Board of Education is set in accordance with
89     Section 36-2-3.
90          (2) Compensation for a member of the State Board of Education is payable monthly.
91          [(2)] (3) A [board] State Board of Education member may participate in any group
92     insurance plan provided to employees of the State Office of Education as part of [their] the
93     State Board of Education member's compensation on the same basis as required for employee
94     participation.
95          [(3)] (4) In addition to the provisions of Subsections (1) and [(2)] (3), a [board] State
96     Board of Education member may receive per diem and travel expenses in accordance with:
97          (a) Section 63A-3-106;
98          (b) Section 63A-3-107; and
99          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
100     63A-3-107.
101          Section 3. Effective date.
102          This bill takes effect on July 1, 2016.




Legislative Review Note
Office of Legislative Research and General Counsel