1     
ELECTED OFFICIAL AND JUDICIAL COMPENSATION

2     
COMMISSION AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: V. Lowry Snow

6     
Senate Sponsor: Don L. Ipson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to the Elected Official and Judicial Compensation
11     Commission.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies the composition and duties of the Elected Official and Judicial
15     Compensation Commission by:
16               •     removing the legislative fiscal analyst as an ex-officio, nonvoting member;
17               •     clarifying which individuals are eligible to serve as a member of the
18     commission; and
19               •     amending the deadline and contents of the commission's required annual report;
20          ▸     provides that a nonpartisan office of the Legislature shall staff the commission; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          67-8-4, as last amended by Laws of Utah 2010, Chapter 286
29          67-8-5, as last amended by Laws of Utah 2019, Chapter 319
30          67-22-1, as last amended by Laws of Utah 2015, Chapter 466
31     REPEALS:
32          67-8-6, as enacted by Laws of Utah 1981, Chapter 267
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 67-8-4 is amended to read:
36          67-8-4. State Elected Official and Judicial Compensation Commission created --
37     Composition -- Appointment -- Terms -- Organization -- Vacancies -- Quorum --
38     Compensation -- Staff.
39          (1) There is created a state Elected Official and Judicial Compensation Commission
40     comprised of six members, not more than three of whom may be from the same political party,
41     appointed as follows:
42          (a) one member appointed by the governor;
43          (b) one member appointed by the president of the Senate;
44          (c) one member appointed by the speaker of the House of Representatives;
45          (d) two members appointed by the other three appointed members; and
46          (e) one member appointed by the State Bar Commission.
47          (2) (a) Except as required by Subsection (2)(b), all persons appointed to the
48     commission shall serve four-year terms or until their successors are duly appointed and
49     qualified.
50          (b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority
51     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
52     terms of commission members are staggered so that approximately half of the commission is
53     appointed every two years.
54          (3) (a) The commission shall select a chair and a vice chair from opposite political
55     parties at its first meeting.
56          (b) Four members of the commission [shall] constitute a quorum.
57          [(c) The commission shall take no action nor make any determination without the
58     concurrence of a majority of its members being present.]
59          (c) The action of a majority of a quorum constitutes the action of the commission.
60          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
61     appointed for the unexpired term.
62          [(5) No member or employee of the legislative, judicial, or executive branch of
63     government is eligible for appointment to the commission. The legislative fiscal analyst shall
64     serve as an ex officio, nonvoting secretary of the commission.]
65          (5) An individual may not serve as a member of the commission if the individual is a
66     member or employee of the legislative branch, judicial branch, or executive branch.
67          (6) A member may not receive compensation or benefits for the member's service, but
68     may receive per diem and travel expenses in accordance with:
69          (a) Section 63A-3-106;
70          (b) Section 63A-3-107; and
71          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
72     63A-3-107.
73          (7) A nonpartisan office of the Legislature, selected by the president of the Senate and
74     the speaker of the House of Representatives, shall staff the commission.
75          Section 2. Section 67-8-5 is amended to read:
76          67-8-5. Duties of commission -- Salary recommendations.
77          (1) The commission shall recommend to the Legislature:
78          (a) salaries for the governor, the lieutenant governor, the attorney general, the state
79     auditor, and the state treasurer; and
80          (b) salaries for justices of the Supreme Court and judges of the constitutional and
81     statutory courts of record.
82          [(2) The commission shall:]
83          [(a) in making recommendations on salaries described in Subsections (1)(a) and (b):]
84          [(i) make studies and formulate recommendations concerning the wage and salary
85     classification plan based upon factors such as educational requirements, experience,
86     responsibility, accountability for funds and staff, comparisons with wages paid in other
87     comparable public and private employment within this state, and other states similarly situated,
88     and any other factors generally used in similar comprehensive wage and salary classification
89     plans so that the plan and its administration reflect current conditions at all times; and]
90          [(ii) consult and advise with, and make recommendation to, the Department of Human
91     Resource Management regarding the plan, its administration, and the position of any elected
92     official and judge covered by the plan;]
93          [(b) in making recommendations on compensation described in Subsection (1)(c),
94     make studies and formulate recommendations concerning compensation of members of state
95     boards of education in other states and other factors the commission determines to be relevant
96     so that the compensation reflects current conditions at all times;]
97          [(c) submit to the Executive Appropriations Committee not later than 60 days before
98     commencement of each annual general session:]
99          [(i) a report briefly summarizing its activities during the calendar year immediately
100     preceding the session;]
101          [(ii) recommendations concerning revisions, modifications, or changes, if any, that
102     should be made in the plan, its administration, the classification of any elected official or judge
103     under the plan, or the compensation of members of the State Board of Education; and]
104          [(iii) specific recommendations regarding the office of governor, lieutenant governor,
105     attorney general, state auditor, and state treasurer concerning adjustments, if any, that should be
106     made in the salary or other emoluments of office so that all elected and judicial officials receive
107     equitable and consistent treatment regardless of whether salaries are fixed by the Legislature or
108     by the Department of Human Resource Management; and]
109          [(d) conduct a comprehensive review of judicial salary levels and make
110     recommendations for judicial salaries in a report to the president of the Senate, the speaker of
111     the House of Representatives, and the governor by November 1, prior to the convening of the
112     general session of the Legislature in each odd-numbered year.]
113          [(3) (a) The recommendation under Subsection (2)(d) shall be based upon consultation
114     with the Judicial Council and upon consideration for the career status of judges. It shall be
115     based upon comparisons with salaries paid in other states and in comparable public and private
116     employment within this state.]
117          [(b) In even-numbered years, the commission shall update its prior report, based upon
118     the Consumer Price Index and other relevant factors, and shall forward its updated
119     recommendations as prescribed in this section.]
120          (2) In making the salary recommendations described in Subsection (1), the commission
121     shall:
122          (a) consider:
123          (i) the education and experience required for the position;
124          (ii) the responsibility required of the position;
125          (iii) whether the position requires accountability for funds or staff;
126          (iv) wages paid for other comparable public and private employment in the state and in
127     other similarly situated states;
128          (v) any increase in the Consumer Price Index since the commission's last
129     recommendations; and
130          (vi) any other factors typically used to make similar recommendations;
131          (b) consult with the Department of Human Resource Management; and
132          (c) for the salary recommendations described in Subsection (1)(b), consult with the
133     Judicial Council.
134          (3) No later than January 2, the commission shall submit an annual electronic report to
135     the Executive Appropriations Committee, the president of the Senate, the speaker of the House
136     of Representatives, and the governor that:
137          (a) briefly summarizes the commission's activities during the previous calendar year;
138     and
139          (b) provides any recommendations to modify the salaries of:
140          (i) the governor, lieutenant governor, attorney general, state auditor, or state treasurer;
141     or
142          (ii) the justices of the Supreme Court or judges of the constitutional and statutory
143     courts of record.
144          (4) The Judicial Council shall cooperate with the commission in providing information
145     [on the judicial branch of government and on the individual levels of court as requested. The
146     director of personnel from the Administrative Office of the Courts shall provide the salary
147     comparison data referred to in this section to the legislative fiscal analyst and shall provide
148     other staff assistance and support as requested by the legislative fiscal analyst.] relevant to the
149     duties of the commission.
150          Section 3. Section 67-22-1 is amended to read:
151          67-22-1. Compensation -- Constitutional offices.
152          [(1) (a) Beginning on June 28, 2008, and ending on December 31, 2016, the Legislature
153     fixes salaries for the constitutional offices as follows:]
154          [(i) governor:                    $109,900;]
155          [(ii) lieutenant governor:          95% of the governor's salary;]
156          [(iii) attorney general:               95% of the governor's salary;]
157          [(iv) state auditor:               95% of the governor's salary; and]
158          [(v) state treasurer:               95% of the governor's salary.]
159          [(b) (i) Subject to Subsection (1)(b)(iii), beginning on January 1, 2017, the]
160          (1) (a) The salary for the governor shall be set annually by the Legislature in an
161     appropriations act.
162          [(ii) Beginning on January 1, 2017, constitutional]
163          (b) Constitutional office salaries shall be based on the following percentages of the
164     salary of the governor:
165          [(A)] (i) lieutenant governor:          90% of the governor's salary;
166          [(B)] (ii) attorney general:               95% of the governor's salary;
167          [(C)] (iii) state auditor:               90% of the governor's salary; and
168          [(D)] (iv) state treasurer:               90% of the governor's salary.
169          [(iii) Beginning on January 1, 2017, until the Legislature sets the salary of the governor
170     in an appropriations act, the governor's salary is $150,000 per year.]
171          (2) The Legislature fixes benefits for the constitutional offices as follows:
172          (a) governor:
173          (i) a vehicle for official and personal use;
174          (ii) housing;
175          (iii) household and security staff;
176          (iv) household expenses;
177          (v) retirement benefits as provided in Title 49, Utah State Retirement and Insurance
178     Benefit Act;
179          (vi) health insurance;
180          (vii) dental insurance;
181          (viii) basic life insurance;
182          (ix) workers' compensation;
183          (x) required employer contribution to Social Security;
184          (xi) long-term disability income insurance; and
185          (xii) the same additional state paid life insurance available to other noncareer service
186     employees; and
187          (b) lieutenant governor, attorney general, state auditor, and state treasurer:
188          (i) a vehicle for official and personal use;
189          (ii) the option of participating in a:
190          (A) state retirement system in accordance with Title 49, Utah State Retirement and
191     Insurance Benefit Act:
192          (I) Chapter 12, Public Employees' Contributory Retirement Act;
193          (II) Chapter 13, Public Employees' Noncontributory Retirement Act; or
194          (III) Chapter 22, New Public Employees' Tier II Contributory Retirement Act; or
195          (B) deferred compensation plan administered by the State Retirement Office, in
196     accordance with the Internal Revenue Code and its accompanying rules and regulations;
197          (iii) health insurance;
198          (iv) dental insurance;
199          (v) basic life insurance;
200          (vi) workers' compensation;
201          (vii) required employer contribution to Social Security;
202          (viii) long-term disability income insurance; and
203          (ix) the same additional state paid life insurance available to other noncareer service
204     employees.
205          (3) Each constitutional office shall pay the cost of the additional state-paid life
206     insurance for its constitutional officer from its existing budget.
207          Section 4. Repealer.
208          This bill repeals:
209          Section 67-8-6, Legislative fiscal analyst performing administrative functions for
210     commission -- Employment of professional assistance -- Assistance of state agencies --
211     Publication of reports.
212