Chief Sponsor: Todd Weiler

House Sponsor: Kraig Powell


8     Committee Note:
9          The Retirement and Independent Entities Interim Committee recommended this bill.
10     General Description:
11          This bill amends provisions of the Utah State Personnel Management Act relating to the
12     rate committee.
13     Highlighted Provisions:
14          This bill:
15          ▸     modifies the membership of the rate committee; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          67-19-11, as last amended by Laws of Utah 2013, Chapter 310

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 67-19-11 is amended to read:
27          67-19-11. Use of department facilities -- Field office facilities cost allocation --

28     Funding for department.
29          (1) (a) [All officers and employees of the state and its political subdivisions] An
30     agency or a political subdivision of the state shall allow the department to use public buildings
31     under [their] the agency's or the political subdivision's control, and furnish heat, light, and
32     furniture, for any examination, training, hearing, or investigation authorized by this chapter.
33          (b) [The] An agency or political subdivision that allows the department to use a public
34     building under Subsection (1)(a) shall pay the cost of the department's use of [facilities shall be
35     paid by the agency housing a field office staff] the public building.
36          (2) The executive director shall:
37          (a) prepare an annual budget request for the department;
38          (b) submit the budget request to the governor and the Legislature; and
39          (c) before charging a fee for services provided by the department's internal service fund
40     to an executive branch agency[, the executive director shall]:
41          (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
42     under Subsection (3); and
43          (ii) obtain the approval of the Legislature as required under Section 63J-1-410.
44          (3) (a) There is created a [Rate Committee which] rate committee that shall consist of:
45          (i) the executive director of the Governor's Office of Management and Budget, or a
46     designee; and
47          (ii) subject to Subsection (3)(b), the executive directors of [three] six state agencies
48     that use services and pay rates to one of the department internal service funds, or their
49     designee, appointed by the governor for a two-year term[;].
50          [(iii) the director of the Division of Finance, or a designee;]
51          [(iv) the executive director of the Department of Human Resource Management, or a
52     designee; and]
53          [(v) the attorney general or designee.]
54          (b) The executive director of the Department of Human Resource Management may
55     not serve on the rate committee.
56          [(b)] (c) (i) The rate committee shall elect a chair from [its] the rate committee's
57     members[, except that the chair may not be from an agency that receives payment of a rate set
58     by the committee].

59          (ii) [Members] Each member of the rate committee who [are] is a state government
60     [employees] employee and who [do] does not receive salary, per diem, or expenses from [their]
61     the member's agency for [their] the member's service on the rate committee shall receive no
62     compensation, benefits, per diem, or expenses for the [members'] member's service on the rate
63     committee.
64          [(c)] (d) The [Department of Human Resource Management] department shall provide
65     staff services to the rate committee.
66          (4) (a) The department shall submit to the rate committee a proposed rate and fee
67     schedule for:
68          (i) human resource management services rendered; and
69          (ii) costs incurred by the Office of the Attorney General in defending the state in a
70     grievance under review by the Career Service Review Office.
71          (b) The rate committee shall:
72          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
73     Act;
74          (ii) review the proposed rate and fee schedules and [may], at the rate committee's
75     discretion, approve, increase, or decrease the rate and fee schedules;
76          (iii) recommend a proposed rate and fee schedule for the internal service fund to:
77          (A) the Governor's Office of Management and Budget; and
78          (B) [the] each legislative appropriations [subcommittees] subcommittee that, in
79     accordance with Section 63J-1-410, [approve] approves the internal service fund rates, fees,
80     and budget; and
81          (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
82     department begins a new service or introduces a new product between annual general sessions
83     of the Legislature.
84          (c) The committee may in accordance with Subsection 63J-1-410(4) decrease a rate,
85     fee, or amount that has been approved by the Legislature.

Legislative Review Note
Office of Legislative Research and General Counsel