1     
ELECTED OFFICIAL AND JUDICIAL COMPENSATION

2     
COMMISSION AMENDMENTS

3     
2019 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Bradley G. Last

6     
Senate Sponsor: Jerry W. Stevenson

7     

8     LONG TITLE
9     General Description:
10          This bill amends the duties of the Elected Official and Judicial Compensation
11     Commission.
12     Highlighted Provisions:
13          This bill:
14          ▸     removes the Elected Official and Judicial Compensation Commission's duty to
15     recommend compensation for the members of the State Board of Education.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          67-8-5, as last amended by Laws of Utah 2018, Chapter 25
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 67-8-5 is amended to read:
26          67-8-5. Duties of commission -- Salary recommendations.
27          (1) The commission shall recommend to the Legislature:

28          (a) salaries for the governor, the lieutenant governor, the attorney general, the state
29     auditor, and the state treasurer; and
30          (b) salaries for justices of the Supreme Court and judges of the constitutional and
31     statutory courts of record[; and].
32          [(c) compensation for members of the State Board of Education.]
33          (2) The commission shall:
34          (a) in making recommendations on salaries described in Subsections (1)(a) and (b):
35          (i) make studies and formulate recommendations concerning the wage and salary
36     classification plan based upon factors such as educational requirements, experience,
37     responsibility, accountability for funds and staff, comparisons with wages paid in other
38     comparable public and private employment within this state, and other states similarly situated,
39     and any other factors generally used in similar comprehensive wage and salary classification
40     plans so that the plan and its administration reflect current conditions at all times; and
41          (ii) consult and advise with, and make recommendation to, the Department of Human
42     Resource Management regarding the plan, its administration, and the position of any elected
43     official and judge covered by the plan;
44          (b) in making recommendations on compensation described in Subsection (1)(c), make
45     studies and formulate recommendations concerning compensation of members of state boards
46     of education in other states and other factors the commission determines to be relevant so that
47     the compensation reflects current conditions at all times;
48          (c) submit to the Executive Appropriations Committee not later than 60 days before
49     commencement of each annual general session:
50          (i) a report briefly summarizing its activities during the calendar year immediately
51     preceding the session;
52          (ii) recommendations concerning revisions, modifications, or changes, if any, that
53     should be made in the plan, its administration, the classification of any elected official or judge
54     under the plan, or the compensation of members of the State Board of Education; and
55          (iii) specific recommendations regarding the office of governor, lieutenant governor,
56     attorney general, state auditor, and state treasurer concerning adjustments, if any, that should be
57     made in the salary or other emoluments of office so that all elected and judicial officials receive
58     equitable and consistent treatment regardless of whether salaries are fixed by the Legislature or

59     by the Department of Human Resource Management; and
60          (d) conduct a comprehensive review of judicial salary levels and make
61     recommendations for judicial salaries in a report to the president of the Senate, the speaker of
62     the House of Representatives, and the governor by November 1, prior to the convening of the
63     general session of the Legislature in each odd-numbered year.
64          (3) (a) The recommendation under Subsection (2)(d) shall be based upon consultation
65     with the Judicial Council and upon consideration for the career status of judges. It shall be
66     based upon comparisons with salaries paid in other states and in comparable public and private
67     employment within this state.
68          (b) In even-numbered years, the commission shall update its prior report, based upon
69     the Consumer Price Index and other relevant factors, and shall forward its updated
70     recommendations as prescribed in this section.
71          (4) The Judicial Council shall cooperate with the commission in providing information
72     on the judicial branch of government and on the individual levels of court as requested. The
73     director of personnel from the Administrative Office of the Courts shall provide the salary
74     comparison data referred to in this section to the legislative fiscal analyst and shall provide
75     other staff assistance and support as requested by the legislative fiscal analyst.