Representative Daniel McCay proposes the following substitute bill:


1     
OFFICE OF THE STATE BOARD OF EDUCATION

2     
EMPLOYMENT AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Howard A. Stephenson

6     
House Sponsor: Daniel McCay

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to employees of the State Board of Education.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that employees of the State Board of Education are exempt from state pay
14     plans;
15          ▸     designates employees of the State Board of Education who are exempt from the
16     career service system as schedule AE; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          4-18-105, as last amended by Laws of Utah 2015, Chapter 235
25          67-19-3, as last amended by Laws of Utah 2015, Chapter 155

26          67-19-12, as last amended by Laws of Utah 2015, Chapter 155
27          67-19-15, as last amended by Laws of Utah 2015, Chapter 401
28          67-19-15.7, as last amended by Laws of Utah 2015, Chapter 155
29          73-5-1, as last amended by Laws of Utah 2015, Chapter 401
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 4-18-105 is amended to read:
33          4-18-105. Conservation Commission -- Functions and duties.
34          (1) The commission shall:
35          (a) facilitate the development and implementation of the strategies and programs
36     necessary to:
37          (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
38     and
39          (ii) promote the protection, integrity, and restoration of land for agricultural and other
40     beneficial purposes;
41          (b) disseminate information regarding districts' activities and programs;
42          (c) supervise the formation, reorganization, or dissolution of districts according to the
43     requirements of Title 17D, Chapter 3, Conservation District Act;
44          (d) prescribe uniform accounting and recordkeeping procedures for districts and
45     require each district to submit annually an audit of its funds to the commission;
46          (e) approve and make loans for agricultural purposes, through the advisory board
47     described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
48          (i) rangeland improvement and management projects;
49          (ii) watershed protection and flood prevention projects;
50          (iii) agricultural cropland soil and water conservation projects;
51          (iv) programs designed to promote energy efficient farming practices;
52          (v) development and implementation of coordinated resource management plans, as
53     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
54          (vi) programs or improvements for agriculture product storage or protections of a crop
55     or animal resource;
56          (f) administer federal or state funds, including loan funds under this chapter, in

57     accordance with applicable federal or state guidelines and make loans or grants from those
58     funds to land occupiers for:
59          (i) the conservation of soil or water resources;
60          (ii) maintenance of rangeland improvement projects; and
61          (iii) the control or eradication of noxious weeds and invasive plant species:
62          (A) in cooperation and coordination with local weed boards; and
63          (B) in accordance with Section 4-2-8.7;
64          (g) seek to coordinate soil and water protection, conservation, and development
65     activities and programs of state agencies, local governmental units, other states, special interest
66     groups, and federal agencies;
67          (h) plan watershed and flood control projects in cooperation with appropriate local,
68     state, and federal authorities, and coordinate flood control projects in the state;
69          (i) assist other state agencies with conservation standards for agriculture when
70     requested; and
71          (j) when assigned by the governor, when required by contract with the Department of
72     Environmental Quality, or when required by contract with the United States Environmental
73     Protection Agency:
74          (i) develop programs for the prevention, control, or abatement of new or existing
75     pollution to the soil, water, or air of the state;
76          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
77     chapter;
78          (iii) conduct studies, investigations, research, and demonstrations relating to
79     agricultural pollution issues;
80          (iv) give reasonable consideration in the exercise of its powers and duties to the
81     economic impact on sustainable agriculture;
82          (v) meet the requirements of federal law related to water and air pollution in the
83     exercise of its powers and duties; and
84          (vi) establish administrative penalties relating to agricultural discharges as defined in
85     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
86          (2) The commission may:
87          (a) employ, with the approval of the department, an administrator and necessary

88     technical experts and employees;
89          (b) execute contracts or other instruments necessary to exercise its powers;
90          (c) take necessary action to promote and enforce the purpose and findings of Section
91     4-18-102;
92          (d) sue and be sued; and
93          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
94     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
95     Subsections (2)(b) and (c).
96          (3) If, under Subsection (2)(a), the commission employs an individual who was
97     formerly an employee of a conservation district or the Utah Association of Conservation
98     Districts, the Department of Human Resource Management shall:
99          (a) recognize the employee's employment service credit from the conservation district
100     or association in determining leave accrual in the employee's new position within the state; and
101          (b) set the initial wage rate for the employee at the level that the employee was
102     receiving as an employee of the conservation district or association.
103          (4) An employee described in Subsection (3) is exempt from the career service
104     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
105     designated under schedule codes and parameters established by the Department of Human
106     Resource Management under Subsection 67-19-15(1)[(p)](q) until the commission, under
107     parameters established by the Department of Human Resource Management, designates the
108     employee under a different schedule recognized under Section 67-19-15.
109          (5) (a) For purposes of the report required by Subsection (5)(b), the commissioner shall
110     study the organizational structure of the employees described in Subsection (3).
111          (b) The commissioner shall report to the Natural Resources, Agriculture, and
112     Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
113     November 2015 interim meeting regarding the study required by Subsection (5)(a).
114          Section 2. Section 67-19-3 is amended to read:
115          67-19-3. Definitions.
116          As used in this chapter:
117          (1) "Agency" means any department or unit of Utah state government with authority to
118     employ personnel.

119          (2) "Career service" means positions under schedule B as defined in Section 67-19-15.
120          (3) "Career service employee" means an employee who has successfully completed a
121     probationary period of service in a position covered by the career service.
122          (4) "Career service status" means status granted to employees who successfully
123     complete probationary periods for competitive career service positions.
124          (5) "Classified service" means those positions subject to the classification and
125     compensation provisions of Section 67-19-12.
126          (6) "Controlled substance" means controlled substance as defined in Section 58-37-2.
127          (7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
128     employee's current actual wage.
129          (b) "Demotion" does not mean:
130          (i) a nondisciplinary movement of an employee to another position without a reduction
131     in the current actual wage; or
132          (ii) a reclassification of an employee's position under the provisions of Subsection
133     67-19-12(3) and rules made by the department.
134          (8) "Department" means the Department of Human Resource Management.
135          (9) "Disability" means a physical or mental disability as defined and protected under
136     the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
137          (10) "Employee" means any individual in a paid status covered by the career service or
138     classified service provisions of this chapter.
139          (11) "Examining instruments" means written or other types of proficiency tests.
140          (12) "Executive director," except where otherwise specified, means the executive
141     director of the Department of Human Resource Management.
142          (13) "Human resource function" means those duties and responsibilities specified:
143          (a) under Section 67-19-6;
144          (b) under rules of the department; and
145          (c) under other state or federal statute.
146          (14) "Market comparability adjustment" means a salary range adjustment determined
147     necessary through a market survey of salary data and other relevant information.
148          (15) "Probationary employee" means an employee serving a probationary period in a
149     career service position but who does not have career service status.

150          (16) "Probationary period" means that period of time determined by the department
151     that an employee serves in a career service position as part of the hiring process before career
152     service status is granted to the employee.
153          (17) "Probationary status" means the status of an employee between the employee's
154     hiring and the granting of career service status.
155          (18) "Structure adjustment" means a department modification of salary ranges.
156          (19) "Temporary employee" means career service exempt employees described in
157     Subsection 67-19-15(1)[(p)](q).
158          (20) "Total compensation" means salaries and wages, bonuses, paid leave, group
159     insurance plans, retirement, and all other benefits offered to state employees as inducements to
160     work for the state.
161          Section 3. Section 67-19-12 is amended to read:
162          67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of the
163     executive director.
164          (1) (a) This section, and the rules adopted by the department to implement this section,
165     apply to each career and noncareer employee not specifically exempted under Subsection (2).
166          (b) If not exempted under Subsection (2), an employee is considered to be in classified
167     service.
168          (2) The following employees are exempt from this section:
169          (a) members of the Legislature and legislative employees;
170          (b) members of the judiciary and judicial employees;
171          (c) elected members of the executive branch and employees designated as schedule AC
172     as provided under Subsection 67-19-15(1)(c);
173          (d) employees of the State Board of Education [who are licensed by the State Board of
174     Education];
175          (e) officers, faculty, and other employees of state institutions of higher education;
176          (f) employees in a position that is specified by statute to be exempt from this
177     Subsection (2);
178          (g) employees in the Office of the Attorney General;
179          (h) department heads and other persons appointed by the governor under statute;
180          (i) schedule AS employees as provided under Subsection 67-19-15(1)[(l)](m);

181          (j) department deputy directors, division directors, and other employees designated as
182     schedule AD as provided under Subsection 67-19-15(1)(d);
183          (k) employees that determine and execute policy designated as schedule AR as
184     provided under Subsection 67-19-15(1)[(k)](l);
185          (l) teaching staff, educational interpreters, and educators designated as schedule AH as
186     provided under Subsection 67-19-15(1)[(f)](g);
187          (m) temporary employees described in Subsection 67-19-15(1)[(p)](q);
188          (n) patients and inmates designated as schedule AU as provided under Subsection
189     67-19-15(1)[(n)](o) who are employed by state institutions; and
190          (o) members of state and local boards and councils and other employees designated as
191     schedule AQ as provided under Subsection 67-19-15(1)[(j)](k).
192          (3) (a) The executive director shall prepare, maintain, and revise a position
193     classification plan for each employee position not exempted under Subsection (2) to provide
194     equal pay for equal work.
195          (b) Classification of positions shall be based upon similarity of duties performed and
196     responsibilities assumed, so that the same job requirements and the same salary range may be
197     applied equitably to each position in the same class.
198          (c) The executive director shall allocate or reallocate the position of each employee in
199     classified service to one of the classes in the classification plan.
200          (d) (i) The department shall conduct periodic studies and interviews to provide that the
201     classification plan remains reasonably current and reflects the duties and responsibilities
202     assigned to and performed by employees.
203          (ii) The executive director shall determine the need for studies and interviews after
204     considering factors such as changes in duties and responsibilities of positions or agency
205     reorganizations.
206          (4) (a) With the approval of the governor, the executive director shall develop and
207     adopt pay plans for each position in classified service.
208          (b) The executive director shall design each pay plan to achieve, to the degree that
209     funds permit, comparability of state salary ranges to the market using data obtained from
210     private enterprise and other public employment for similar work.
211          (c) The executive director shall adhere to the following in developing each pay plan:

212          (i) Each pay plan shall consist of sufficient salary ranges to:
213          (A) permit adequate salary differential among the various classes of positions in the
214     classification plan; and
215          (B) reflect the normal growth and productivity potential of employees in that class.
216          (ii) The executive director shall issue rules for the administration of pay plans.
217          (d) The establishing of a salary range is a nondelegable activity and is not appealable
218     under the grievance procedures of Sections 67-19-30 through 67-19-32, Chapter 19a,
219     Grievance Procedures, or otherwise.
220          (e) The executive director shall issue rules providing for:
221          (i) agency approved salary adjustments within approved salary ranges, including an
222     administrative salary adjustment;
223          (ii) legislatively approved salary adjustments within approved salary ranges, including
224     a merit increase, subject to Subsection (4)(f), or general increase; and
225          (iii) structure adjustments that modify salary ranges, including a cost of living
226     adjustment or market comparability adjustment.
227          (f) A merit increase shall be granted on a uniform and consistent basis to each
228     employee who receives a rating of "successful" or higher in an annual evaluation of the
229     employee's productivity and performance.
230          (5) (a) By October 31 of each year, the executive director shall submit an annual
231     compensation plan to the governor for consideration in the executive budget.
232          (b) The plan described in Subsection (5)(a) may include recommendations, including:
233          (i) salary increases that generally affect employees, including a general increase or
234     merit increase;
235          (ii) salary increases that address compensation issues unique to an agency or
236     occupation;
237          (iii) structure adjustments, including a cost of living adjustment or market
238     comparability adjustment; or
239          (iv) changes to employee benefits.
240          (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the executive director shall
241     incorporate the results of a salary survey of a reasonable cross section of comparable positions
242     in private and public employment in the state into the annual compensation plan.

243          (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
244     correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
245     53-6-102, shall at minimum include the three largest political subdivisions in the state that
246     employ, respectively, comparable positions.
247          (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
248     Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
249     Insurance Corporation, Federal Reserve, and National Credit Union Administration.
250          (ii) The executive director may cooperate with or participate in any survey conducted
251     by other public and private employers.
252          (iii) The executive director shall obtain information for the purpose of constructing the
253     survey from the Division of Workforce Information and Payment Services and shall include
254     employer name, number of persons employed by the employer, employer contact information
255     and job titles, county code, and salary if available.
256          (iv) The department shall acquire and protect the needed records in compliance with
257     the provisions of Section 35A-4-312.
258          (d) The executive director may incorporate any other relevant information in the plan
259     described in Subsection (5)(a), including information on staff turnover, recruitment data, or
260     external market trends.
261          (e) The executive director shall:
262          (i) establish criteria to assure the adequacy and accuracy of data used to make
263     recommendations described in this Subsection (5); and
264          (ii) when preparing recommendations use accepted methodologies and techniques
265     similar to and consistent with those used in the private sector.
266          (f) (i) Upon request and subject to Subsection (5)(f)(ii), the department shall make
267     available foundational information used by the department or director in the drafting of a plan
268     described in Subsection (5)(a), including:
269          (A) demographic and labor market information;
270          (B) information on employee turnover;
271          (C) salary information;
272          (D) information on recruitment; and
273          (E) geographic data.

274          (ii) The department may not provide under Subsection (5)(f)(i) information or other
275     data that is proprietary or otherwise protected under the terms of a contract or by law.
276          (g) The governor shall:
277          (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
278     preparing the executive budget and shall recommend the method of distributing the
279     adjustments;
280          (ii) submit compensation recommendations to the Legislature; and
281          (iii) support the recommendation with schedules indicating the cost to individual
282     departments and the source of funds.
283          (h) If funding is approved by the Legislature in a general appropriations act, the
284     adjustments take effect on the July 1 following the enactment unless otherwise indicated.
285          (6) (a) The executive director shall issue rules for the granting of incentive awards,
286     including awards for cost saving actions, awards for commendable actions by an employee, or
287     a market-based award to attract or retain employees.
288          (b) An agency may not grant a market-based award unless the award is previously
289     approved by the department.
290          (c) In accordance with Subsection (6)(b), an agency requesting the department's
291     approval of a market-based award shall submit a request and documentation, subject to
292     Subsection (6)(d), to the department.
293          (d) In the documentation required in Subsection (6)(c), the requesting agency shall
294     identify for the department:
295          (i) any benefit the market-based award would provide for the agency, including:
296          (A) budgetary advantages; or
297          (B) recruitment advantages;
298          (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
299     or
300          (iii) any other advantage the agency would gain through the utilization of a
301     market-based award.
302          (7) (a) The executive director shall regularly evaluate the total compensation program
303     of state employees in the classified service.
304          (b) The department shall determine if employee benefits are comparable to those

305     offered by other private and public employers using information from:
306          (i) a study conducted by a third-party consultant; or
307          (ii) the most recent edition of a nationally recognized benefits survey.
308          Section 4. Section 67-19-15 is amended to read:
309          67-19-15. Career service -- Exempt positions -- Schedules for civil service
310     positions -- Coverage of career service provisions.
311          (1) Except as otherwise provided by law or by rules and regulations established for
312     federally aided programs, the following positions are exempt from the career service provisions
313     of this chapter and are designated under the following schedules:
314          (a) schedule AA includes the governor, members of the Legislature, and all other
315     elected state officers;
316          (b) schedule AB includes appointed executives and board or commission executives
317     enumerated in Section 67-22-2;
318          (c) schedule AC includes all employees and officers in:
319          (i) the office and at the residence of the governor;
320          (ii) the Utah Science Technology and Research Initiative (USTAR);
321          (iii) the Public Lands Policy Coordinating Council;
322          (iv) the Office of the State Auditor; and
323          (v) the Office of the State Treasurer;
324          (d) schedule AD includes employees who:
325          (i) are in a confidential relationship to an agency head or commissioner; and
326          (ii) report directly to, and are supervised by, a department head, commissioner, or
327     deputy director of an agency or its equivalent;
328          (e) schedule AE includes each employee of the State Board of Education who is
329     exempt from the career service provisions of this chapter;
330          [(e)] (f) schedule AG includes employees in the Office of the Attorney General who are
331     under their own career service pay plan under Sections 67-5-7 through 67-5-13;
332          [(f)] (g) schedule AH includes:
333          (i) teaching staff of all state institutions; and
334          (ii) employees of the Utah Schools for the Deaf and the Blind who are:
335          (A) educational interpreters as classified by the department; or

336          (B) educators as defined by Section 53A-25b-102;
337          [(g)] (h) schedule AN includes employees of the Legislature;
338          [(h)] (i) schedule AO includes employees of the judiciary;
339          [(i)] (j) schedule AP includes all judges in the judiciary;
340          [(j)] (k) schedule AQ includes:
341          (i) members of state and local boards and councils appointed by the governor and
342     governing bodies of agencies;
343          (ii) a water commissioner appointed under Section 73-5-1;
344          (iii) other local officials serving in an ex officio capacity; and
345          (iv) officers, faculty, and other employees of state universities and other state
346     institutions of higher education;
347          [(k)] (l) schedule AR includes employees in positions that involve responsibility:
348          (i) for determining policy;
349          (ii) for determining the way in which a policy is carried out; or
350          (iii) of a type not appropriate for career service, as determined by the agency head with
351     the concurrence of the executive director;
352          [(l)] (m) schedule AS includes any other employee:
353          (i) whose appointment is required by statute to be career service exempt;
354          (ii) whose agency is not subject to this chapter; or
355          (iii) whose agency has authority to make rules regarding the performance,
356     compensation, and bonuses for its employees;
357          [(m)] (n) schedule AT includes employees of the Department of Technology Services,
358     designated as executive/professional positions by the executive director of the Department of
359     Technology Services with the concurrence of the executive director;
360          [(n)] (o) schedule AU includes patients and inmates employed in state institutions;
361          [(o)] (p) employees of the Department of Workforce Services, designated as schedule
362     AW:
363          (i) who are temporary employees that are federally funded and are required to work
364     under federally qualified merit principles as certified by the director; or
365          (ii) for whom substantially all of their work is repetitive, measurable, or transaction
366     based, and who voluntarily apply for and are accepted by the Department of Workforce

367     Services to work in a pay for performance program designed by the Department of Workforce
368     Services with the concurrence of the executive director; and
369          [(p)] (q) for employees in positions that are temporary, seasonal, time limited, funding
370     limited, or variable hour in nature, under schedule codes and parameters established by the
371     department by administrative rule.
372          (2) The civil service shall consist of two schedules as follows:
373          (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
374          (ii) Removal from any appointive position under schedule A, unless otherwise
375     regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
376          (b) Schedule B is the competitive career service schedule, consisting of:
377          (i) all positions filled through competitive selection procedures as defined by the
378     executive director; or
379          (ii) positions filled through a department approved on-the-job examination intended to
380     appoint a qualified person with a disability or a veteran as defined in Section 71-10-1.
381          (3) (a) The executive director, after consultation with the heads of concerned executive
382     branch departments and agencies and with the approval of the governor, shall allocate positions
383     to the appropriate schedules under this section.
384          (b) Agency heads shall make requests and obtain approval from the executive director
385     before changing the schedule assignment and tenure rights of any position.
386          (c) Unless the executive director's decision is reversed by the governor, when the
387     executive director denies an agency's request, the executive director's decision is final.
388          (4) (a) Compensation for employees of the Legislature shall be established by the
389     directors of the legislative offices in accordance with Section 36-12-7.
390          (b) Compensation for employees of the judiciary shall be established by the state court
391     administrator in accordance with Section 78A-2-107.
392          (c) Compensation for officers, faculty, and other employees of state universities and
393     institutions of higher education shall be established as provided in Title 53B, Chapter 1,
394     Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
395     Higher Education.
396          (d) Unless otherwise provided by law, compensation for all other schedule A
397     employees shall be established by their appointing authorities, within ranges approved by, and

398     after consultation with the executive director of the Department of Human Resource
399     Management.
400          (5) An employee who is in a position designated schedule AC and who holds career
401     service status on June 30, 2010, shall retain the career service status if the employee:
402          (a) remains in the position that the employee is in on June 30, 2010; and
403          (b) does not elect to convert to career service exempt status in accordance with a rule
404     made by the department.
405          Section 5. Section 67-19-15.7 is amended to read:
406          67-19-15.7. Promotion -- Reclassification -- Market adjustment.
407          (1) (a) If an employee is promoted or the employee's position is reclassified to a higher
408     salary range maximum, the agency shall place the employee within the new range of the
409     position.
410          (b) An agency may not set an employee's salary:
411          (i) higher than the maximum in the new salary range; and
412          (ii) lower than the minimum in the new salary range of the position.
413          (c) Except for an employee described in Subsection 67-19-15(1)[(p)](q), the agency
414     shall grant a salary increase of at least 5% to an employee who is promoted.
415          (2) An agency shall adjust the salary range for an employee whose salary range is
416     approved by the Legislature for a market comparability adjustment consistent with Subsection
417     67-19-12(5)(b)(i):
418          (a) at the beginning of the next fiscal year; and
419          (b) consistent with appropriations made by the Legislature.
420          (3) Department-initiated revisions in the state classification system that result in
421     consolidation or reduction of class titles or broadening of pay ranges:
422          (a) may not be regarded as a reclassification of the position or promotion of the
423     employee; and
424          (b) are exempt from the provisions of Subsection (1).
425          Section 6. Section 73-5-1 is amended to read:
426          73-5-1. Appointment of water commissioners -- Procedure.
427          (1) (a) If, in the judgment of the state engineer or the district court, it is necessary to
428     appoint a water commissioner for the distribution of water from any river system or water

429     source, the commissioner shall be appointed for a four-year term by the state engineer.
430          (b) The state engineer shall determine whether all or a part of a river system or other
431     water source shall be served by a commissioner, and if only a part is to be served, the state
432     engineer shall determine the boundaries of that part.
433          (c) The state engineer may appoint:
434          (i) more than one commissioner to distribute water from all or a part of a water source;
435     or
436          (ii) a single commissioner to distribute water from several separate and distinct water
437     sources.
438          (d) A water commissioner appointed by the state engineer under this section is:
439          (i) an employee of the Division of Water Rights;
440          (ii) career service exempt under Subsection 67-19-15(1)[(j)](k); and
441          (iii) exempt under Subsection 67-19-12(2)(f) from the classified service provisions of
442     Section 67-19-12.
443          (2) (a) The state engineer shall consult with the water users before appointing a
444     commissioner. The form of consultation and notice to be given shall be determined by the state
445     engineer so as to best suit local conditions, while providing for full expression of majority
446     opinion.
447          (b) The state engineer shall act in accordance with the recommendation of a majority of
448     the water users, if the majority of the water users:
449          (i) agree upon:
450          (A) a qualified individual to be appointed as a water commissioner;
451          (B) the duties the individual shall perform; and
452          (C) subject to the requirements of Title 49, Utah State Retirement and Insurance
453     Benefit Act, the compensation the individual shall receive; and
454          (ii) submit a recommendation to the state engineer on the items described in
455     Subsection (2)(b)(i).
456          (c) If a majority of water users do not agree on the appointment, duties, or
457     compensation, the state engineer shall make a determination for them.
458          (3) (a) (i) The salary and expenses of the commissioner and all other expenses of
459     distribution, including printing, postage, equipment, water users' expenses, and any other

460     expenses considered necessary by the state engineer, shall be borne pro rata by the users of
461     water from the river system or water source in accordance with a schedule to be fixed by the
462     state engineer.
463          (ii) The schedule shall be based on the established rights of each water user, and the
464     pro rata share shall be paid by each water user to the state engineer on or before May 1 of each
465     year.
466          (b) The payments shall be deposited in the Water Commissioner Fund created in
467     Section 73-5-1.5.
468          (c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state
469     engineer may do any or all of the following:
470          (i) create a lien upon the water right affected by filing a notice of lien in the office of
471     the county recorder in the county where the water is diverted and bring an action to enforce the
472     lien;
473          (ii) forbid the use of water by the delinquent water user or the delinquent water user's
474     successors or assignees, while the default continues; or
475          (iii) bring an action in the district court for the unpaid expense and salary.
476          (d) In any action brought to collect any unpaid assessment or to enforce any lien under
477     this section, the delinquent water user shall be liable for the amount of the assessment, interest,
478     any penalty, and for all costs of collection, including all court costs and a reasonable attorney
479     fee.
480          (4) (a) A commissioner may be removed by the state engineer for cause.
481          (b) The users of water from any river system or water source may petition the district
482     court for the removal of a commissioner and after notice and hearing, the court may order the
483     removal of the commissioner and direct the state engineer to appoint a successor.