1     
BEREAVEMENT LEAVE MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rex P. Shipp

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill requires certain entities to provide bereavement leave for employees who are
10     affected by a miscarriage or stillbirth.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Utah Board of Higher Education and the human resource bodies of
15     state, county, and municipal governments to implement rules that provide
16     bereavement leave for employees who are affected by the miscarriage or stillbirth of
17     a child; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          10-3-1103, as enacted by Laws of Utah 1977, Chapter 48
26          17-33-5, as last amended by Laws of Utah 2009, Chapter 128
27          20A-1-508, as last amended by Laws of Utah 2019, Chapters 212, 255 and last

28     amended by Coordination Clause, Laws of Utah 2019, Chapter 212
29          53B-1-401, as enacted by Laws of Utah 2020, Chapter 365
30          53B-1-402, as last amended by Laws of Utah 2021, Chapter 187
31          63A-17-106, as renumbered and amended by Laws of Utah 2021, Chapter 344
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 10-3-1103 is amended to read:
35          10-3-1103. Sickness, disability, and death benefits.
36          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
37     fetus, regardless of the gestational age or the duration of the pregnancy.
38          [(1)] (2) The governing body of each municipality may maintain as to all elective or
39     appointive officers and employees, including heads of departments, a system for the payment
40     of health, dental, hospital, medical, disability and death benefits to be financed and
41     administered in a manner and payable upon the terms and conditions as the governing body of
42     the municipality may by ordinance or resolution prescribe.
43          [(2)] (3) The governing bodies of the municipalities may create and administer
44     personnel benefit programs separately or jointly with other municipalities or other political
45     subdivisions of the State of Utah or associations thereof.
46          (4) The governing body of each municipality shall, by ordinance or resolution, provide
47     for at least three work days of paid bereavement leave for an employee:
48          (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
49     or
50          (b) following the end of another individual's pregnancy by way of a miscarriage or
51     stillbirth, if:
52          (i) the employee is the individual's spouse or partner;
53          (ii) (A) the employee is the individual's former spouse or partner; and
54          (B) the employee would have been a biological parent of a child born as a result of the
55     pregnancy;
56          (iii) the employee provides documentation to show that the individual intended for the
57     employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
58     as a result of the pregnancy; or

59          (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
60     8, Gestational Agreement, the employee would have been a parent of a child born as a result of
61     the pregnancy.
62          Section 2. Section 17-33-5 is amended to read:
63          17-33-5. Office of personnel management -- Director -- Appointment and
64     responsibilities -- Personnel rules.
65          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
66     fetus, regardless of gestational age or the duration of the pregnancy.
67          [(1)] (2) (a) (i) Each county executive shall:
68          (A) create an office of personnel management, administered by a director of personnel
69     management; and
70          (B) ensure that the director is a person with proven experience in personnel
71     management.
72          (ii) Except as provided in Subsection [(1)] (2)(b), the position of director of personnel
73     management shall be:
74          (A) a merit position; and
75          (B) filled as provided in Subsection [(1)] (2)(a)(iii).
76          (iii) Except as provided in Subsection [(1)] (2)(b), the career service council shall:
77          (A) advertise and recruit for the director position in the same manner as for merit
78     positions;
79          (B) select three names from a register; and
80          (C) submit those names as recommendations to the county legislative body.
81          (iv) Except as provided in Subsection [(1)] (2)(b), the county legislative body shall
82     select a person to serve as director of the office of personnel management from the names
83     submitted to it by the career service council.
84          (b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
85     procedure under Subsections [(1)] (2)(a)(ii), (iii), and (iv) and at the county executive's
86     discretion, the county executive may appoint a director of personnel management with the
87     advice and consent of the county legislative body.
88          (ii) The position of each director of personnel management appointed under this
89     Subsection [(1)] (2)(b) shall be a merit exempt position.

90          (iii) A director of personnel management appointed under this Subsection [(1)] (2)(b)
91     may be terminated by the county executive with the consent of the county legislative body.
92          [(2)] (3) The director of personnel management shall:
93          (a) encourage and exercise leadership in the development of expertise in personnel
94     administration within the several departments, offices, and agencies in the county service and
95     make available the facilities of the office of personnel management to this end;
96          (b) advise the county legislative and executive bodies on the use of human resources;
97          (c) develop and implement programs for the improvement of employee effectiveness,
98     such as training, safety, health, counseling, and welfare;
99          (d) investigate periodically the operation and effect of this law and of the policies made
100     under it and report findings and recommendations to the county legislative body;
101          (e) establish and maintain records of all employees in the county service, setting forth
102     as to each employee class, title, pay or status, and other relevant data;
103          (f) make an annual report to the county legislative body and county executive regarding
104     the work of the department; and
105          (g) apply and carry out this law and the policies under it and perform any other lawful
106     acts that are necessary to carry out the provisions of this law.
107          [(3)] (4) (a) (i) The director shall recommend personnel rules for the county.
108          (ii) The county legislative body may:
109          (A) recommend personnel rules for the county; and
110          (B) approve, amend, or reject personnel rules before they are adopted.
111          (b) The rules shall provide for:
112          (i) recruiting efforts to be planned and carried out in a manner that assures open
113     competition, with special emphasis to be placed on recruiting efforts to attract minorities,
114     women, persons with a disability as defined by and covered under the Americans with
115     Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially
116     underrepresented in the county work force to help assure they will be among the candidates
117     from whom appointments are made;
118          (ii) the establishment of job related minimum requirements wherever practical, that all
119     successful candidates shall be required to meet in order to be eligible for consideration for
120     appointment or promotion;

121          (iii) selection procedures that include consideration of the relative merit of each
122     applicant for employment, a job related method of determining the eligibility or ineligibility of
123     each applicant, and a valid, reliable, and objective system of ranking eligible applicants
124     according to their qualifications and merit;
125          (iv) certification procedures that insure equitable consideration of an appropriate
126     number of the most qualified eligible applicants based on the ranking system;
127          (v) appointments to positions in the career service by selection from the most qualified
128     eligible applicants certified on eligible lists established in accordance with Subsections [(3)]
129     (4)(b)(iii) and (iv);
130          (vi) noncompetitive appointments in the occasional instance where there is evidence
131     that open or limited competition is not practical, such as for unskilled positions that have no
132     minimum job requirements;
133          (vii) limitation of competitions at the discretion of the director for appropriate positions
134     to facilitate employment of qualified applicants with a substantial physical or mental
135     impairment, or other groups protected by Title VII of the Civil Rights Act;
136          (viii) permanent appointment for entry to the career service that shall be contingent
137     upon satisfactory performance by the employee during a period of six months, with the
138     probationary period extendable for a period not to exceed six months for good cause, but with
139     the condition that the probationary employee may appeal directly to the council any undue
140     prolongation of the period designed to thwart merit principles;
141          (ix) temporary, provisional, or other noncareer service appointments, which may not be
142     used as a way of defeating the purpose of the career service and may not exceed 270 days;
143          (x) lists of eligible applicants normally to be used, if available, for filling temporary
144     positions, and short term emergency appointments to be made without regard to the other
145     provisions of law to provide for maintenance of essential services in an emergency situation
146     where normal procedures are not practical, these emergency appointments not to exceed 270
147     days;
148          (xi) promotion and career ladder advancement of employees to higher level positions
149     and assurance that all persons promoted are qualified for the position;
150          (xii) recognition of the equivalency of other merit processes by waiving, at the
151     discretion of the director, the open competitive examination for placement in the career service

152     positions of those who were originally selected through a competitive examination process in
153     another governmental entity, the individual in those cases, to serve a probationary period;
154          (xiii) preparation, maintenance, and revision of a position classification plan for all
155     positions in the career service, based upon similarity of duties performed and responsibilities
156     assumed, so that the same qualifications may reasonably be required for, and the same schedule
157     of pay may be equitably applied to, all positions in the same class, the compensation plan, in
158     order to maintain a high quality public work force, to take into account the responsibility and
159     difficulty of the work, the comparative pay and benefits needed to compete in the labor market
160     and to stay in proper alignment with other similar governmental units, and other factors;
161          (xiv) keeping records of performance on all employees in the career service and
162     requiring consideration of performance records in determining salary increases, any benefits for
163     meritorious service, promotions, the order of layoffs and reinstatements, demotions, discharges,
164     and transfers;
165          (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
166     abolition of positions, or material changes in duties or organization, and governing
167     reemployment of persons so laid off, taking into account with regard to layoffs and
168     reemployment the relative ability, seniority, and merit of each employee;
169          (xvi) establishment of a plan for resolving employee grievances and complaints with
170     final and binding decisions;
171          (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
172     grade, or discharge, measures to provide for presentation of charges, hearing rights, and appeals
173     for all permanent employees in the career service to the career service council;
174          (xviii) establishment of a procedure for employee development and improvement of
175     poor performance;
176          (xix) establishment of hours of work, holidays, and attendance requirements in various
177     classes of positions in the career service;
178          (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
179     leave programs; and
180          (xxi) any other requirements not inconsistent with this law that are proper for its
181     enforcement.
182          (5) Rules adopted pursuant to Subsection (4)(b)(xx) shall provide for at least three

183     work days of paid bereavement leave for an employee:
184          (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
185     or
186          (b) following the end of another individual's pregnancy by way of a miscarriage or
187     stillbirth, if:
188          (i) the employee is the individual's spouse or partner;
189          (ii) (A) the employee is the individual's former spouse or partner; and
190          (B) the employee would have been a biological parent of a child born as a result of the
191     pregnancy;
192          (iii) the employee provides documentation to show that the individual intended for the
193     employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
194     as a result of the pregnancy; or
195          (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
196     8, Gestational Agreement, the employee would have been a parent of a child born as a result of
197     the pregnancy.
198          Section 3. Section 20A-1-508 is amended to read:
199           20A-1-508. Midterm vacancies in county elected offices -- Temporary manager --
200     Interim replacement.
201          (1) As used in this section:
202          (a) (i) "County offices" includes the county executive, members of the county
203     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
204     the county recorder, the county surveyor, and the county assessor.
205          (ii) "County offices" does not include the office of county attorney, district attorney, or
206     judge.
207          (b) "Party liaison" means the political party officer designated to serve as a liaison with
208     each county legislative body on all matters relating to the political party's relationship with a
209     county as required by Section 20A-8-401.
210          (2) (a) Except as provided in Subsection (2)(d), until a county legislative body appoints
211     an interim replacement to fill a vacant county office under Subsection (3), the following shall
212     temporarily discharge the duties of the county office as a temporary manager:
213          (i) for a county office with one chief deputy, the chief deputy;

214          (ii) for a county office with more than one chief deputy:
215          (A) the chief deputy with the most cumulative time served as a chief deputy for the
216     county office; or
217          (B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer
218     vacates the office, the county officer files with the county clerk a written statement designating
219     one of the county officer's chief deputies to discharge the duties of the county office in the
220     event the county officer vacates the office, the designated chief deputy; or
221          (iii) for a county office without a chief deputy:
222          (A) if one management-level employee serving under the county office has a
223     higher-seniority management level than any other employee serving under the county office,
224     that management-level employee;
225          (B) if two or more management-level employees serving under the county office have
226     the same and highest-seniority management level, the highest-seniority management-level
227     employee with the most cumulative time served in the employee's current position; or
228          (C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county
229     officer vacates the office, the county officer files with the county clerk a written statement
230     designating one of the county officer's employees to discharge the county officer's duties in the
231     event the county officer vacates the office, the designated employee.
232          (b) Except as provided in Subsection (2)(c), a temporary manager described in
233     Subsection (2)(a) who temporarily discharges the duties of a county office holds the powers
234     and duties of the county office until the county legislative body appoints an interim
235     replacement under Subsection (3).
236          (c) The temporary manager described in Subsection (2)(a) who temporarily discharges
237     the duties of a county office:
238          (i) may not take an oath of office for the county office as a temporary manager;
239          (ii) shall comply with Title 17, Chapter 36, Uniform Fiscal Procedures Act for
240     Counties, and the county's budget ordinances and policies;
241          (iii) unless approved by the county legislative body, may not change the compensation
242     of an employee;
243          (iv) unless approved by the county legislative body, may not promote or demote an
244     employee or change an employee's job title;

245          (v) may terminate an employee only if the termination is conducted in accordance with:
246          (A) personnel rules described in Subsection 17-33-5[(3)](4) that are approved by the
247     county legislative body; and
248          (B) applicable law;
249          (vi) unless approved by the county legislative body, may not exceed by more than 5%
250     an expenditure that was planned before the county office for which the temporary manager
251     discharges duties was vacated;
252          (vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or
253     compensation; and
254          (viii) if approved by the county legislative body, may receive a performance award
255     after:
256          (A) the county legislative body appoints an interim replacement under Subsection (3);
257     and
258          (B) the interim replacement is sworn into office.
259          (d) This Subsection (2) does not apply to a vacancy in the office of county legislative
260     body member.
261          (3) (a) Until a replacement is selected as provided in this section and has qualified, the
262     county legislative body shall appoint an interim replacement to fill the vacant office by
263     following the procedures and requirements of this Subsection (3).
264          (b) (i) To appoint an interim replacement, the county legislative body shall, within 10
265     days after the day on which the vacancy occurs, give notice of the vacancy to the party liaison
266     of the same political party of the prior office holder and invite that party liaison to submit the
267     name of an individual to fill the vacancy.
268          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
269     liaison receives the notice described in Subsection (3)(b)(i), or if the party liaison does not
270     receive the notice, before 5 p.m. within 40 days after the day on which the vacancy occurs,
271     submit to the county legislative body the name of an individual the party selects in accordance
272     with the party's constitution or bylaws to serve as the interim replacement.
273          (iii) The county legislative body shall, no later than five days after the day on which a
274     party liaison submits the name of the individual to serve as the interim replacement, appoint the
275     individual to serve out the unexpired term.

276          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
277     vacancy in accordance with Subsection (3)(b)(iii), the county clerk shall, no later than five days
278     after the day of the deadline described in Subsection (3)(b)(iii), send to the governor a letter
279     that:
280          (A) informs the governor that the county legislative body has failed to appoint a
281     replacement within the statutory time period; and
282          (B) contains the name of the individual submitted by the party liaison to fill the
283     vacancy.
284          (ii) The governor shall, within 10 days after the day on which the governor receives the
285     letter described in Subsection (3)(c)(i), appoint the individual named by the party liaison as an
286     interim replacement to fill the vacancy.
287          (d) An individual appointed as interim replacement under this Subsection (3) shall hold
288     office until a successor is elected and has qualified.
289          (4) (a) The requirements of this Subsection (4) apply to all county offices that become
290     vacant if:
291          (i) the vacant office has an unexpired term of two years or more; and
292          (ii) the vacancy occurs after the election at which the officeholder was elected but
293     before the second Friday in March of the next even-numbered year.
294          (b) (i) When the conditions described in Subsection (4)(a) are met, the county clerk
295     shall as soon as practicable, but no later than 180 days before the next regular general election,
296     notify the public and each registered political party that the vacancy exists.
297          (ii) An individual intending to become a party candidate for the vacant office shall file
298     a declaration of candidacy in accordance with:
299          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
300          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
301     applicable.
302          (iii) An individual who is nominated as a party candidate, who qualifies as an
303     unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates not Affiliated
304     with a Party, or who qualifies as a write-in candidate for the vacant office under Chapter 9, Part
305     6, Write-in Candidates, shall run in the regular general election.
306          (5) (a) The requirements of this Subsection (5) apply to all county offices that become

307     vacant if:
308          (i) the vacant office has an unexpired term of two years or more; and
309          (ii) the vacancy occurs on or after the second Friday in March of the next
310     even-numbered year but more than 75 days before the regular primary election.
311          (b) When the conditions described in Subsection (5)(a) are met, the county clerk shall
312     as soon as practicable, but no later than 70 days before the next regular primary election, notify
313     the public and each registered political party:
314          (i) that the vacancy exists; and
315          (ii) of the deadlines described in Subsection (5)(c)(i) and the deadlines established
316     under Subsection (5)(d)(ii).
317          (c) (i) An individual intending to become a party candidate for a vacant office shall,
318     within five days after the day on which the notice is given, ending at the close of normal office
319     hours on the fifth day, file a declaration of candidacy for the vacant office in accordance with:
320          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
321          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
322     applicable.
323          (ii) The county central committee of each party shall:
324          (A) select a candidate or candidates from among those qualified candidates who have
325     filed declarations of candidacy; and
326          (B) certify the name of the candidate or candidates to the county clerk as soon as
327     practicable, but before 5 p.m. no later than 60 days before the day of the regular primary
328     election.
329          (d) (i) Except as provided in Subsection (5)(d)(ii), an individual intending to become a
330     candidate for a vacant office who does not wish to affiliate with a registered political party
331     shall file a verified certificate of nomination described in Section 20A-9-502 with the county
332     clerk in accordance with Chapter 9, Part 5, Candidates not Affiliated with a Party.
333          (ii) (A) The county clerk shall establish, in the clerk's reasonable discretion, a deadline
334     that is before 5 p.m. no later than 65 days before the day of the next regular general election by
335     which an individual who is not affiliated with a registered political party is required to submit a
336     certificate of nomination under Subsection (5)(d)(i).
337          (B) The county clerk shall establish the deadline described in Subsection (5)(d)(ii)(A)

338     in a manner that gives an unaffiliated candidate an equal opportunity to access the regular
339     general election ballot.
340          (e) An individual who is nominated as a party candidate for the vacant office, who
341     qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates
342     not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under
343     Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.
344          (6) (a) The requirements of this Subsection (6) apply to all county offices that become
345     vacant:
346          (i) if the vacant office has an unexpired term of two years or more; and
347          (ii) when 75 days or less remain before the day of the regular primary election but more
348     than 65 days remain before the day of the regular general election.
349          (b) When the conditions described in Subsection (6)(a) are met, the county clerk shall,
350     as soon as practicable, notify the public and each registered political party:
351          (i) that the vacancy exists; and
352          (ii) of the deadlines established under Subsection (6)(d).
353          (c) (i) Before the deadline that the county clerk establishes under Subsection
354     (6)(d)(i)(A), the county central committee of each registered political party that wishes to
355     submit a candidate for the office shall certify the name of one candidate to the county clerk for
356     placement on the regular general election ballot.
357          (ii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(B),
358     a candidate who does not wish to affiliate with a registered political party shall file a verified
359     certificate of nomination described in Section 20A-9-502 with the county clerk in accordance
360     with Chapter 9, Part 5, Candidates not Affiliated with a Party.
361          (iii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(C),
362     a write-in candidate shall submit to the county clerk a declaration of candidacy described in
363     Section 20A-9-601.
364          (d) (i) The county clerk shall establish, in the clerk's reasonable discretion, deadlines
365     that are before 5 p.m. no later than 65 days before the day of the next regular general election
366     by which:
367          (A) a registered political party is required to certify a name under Subsection (6)(c)(i);
368          (B) an individual who does not wish to affiliate with a registered political party is

369     required to submit a certificate of nomination under Subsection (6)(c)(ii); and
370          (C) a write-in candidate is required to submit a declaration of candidacy under
371     Subsection (6)(c)(iii).
372          (ii) The county clerk shall establish deadlines under Subsection (6)(d)(i) in a manner
373     that gives an unaffiliated candidate or a write-in candidate an equal opportunity to access the
374     regular general election ballot.
375          (e) An individual who is certified as a party candidate for the vacant office, who
376     qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates
377     not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under
378     Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.
379          (7) (a) The requirements of this Subsection (7) apply to all county offices that become
380     vacant:
381          (i) if the vacant office has an unexpired term of less than two years; or
382          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
383     remain before the day of the next regular general election.
384          (b) (i) When the conditions described in Subsection (7)(a) are met, the county
385     legislative body shall as soon as practicable, but no later than 10 days after the day on which
386     the vacancy occurs, give notice of the vacancy to the party liaison of the same political party as
387     the prior office holder and invite that party liaison to submit the name of an individual to fill
388     the vacancy.
389          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
390     party liaison receives the notice described in Subsection (7)(b)(i), or if the party liaison does
391     not receive the notice, before 5 p.m. no later than 40 days after the day on which the vacancy
392     occurs, submit to the county legislative body the name of an individual to fill the vacancy.
393          (iii) The county legislative body shall, no later than five days after the day on which a
394     party liaison submits the name of the individual to fill the vacancy, appoint the individual to
395     serve out the unexpired term.
396          (c) (i) If the county legislative body fails to appoint an individual to fill the vacancy in
397     accordance with Subsection (7)(b)(iii), the county clerk shall send to the governor a letter that:
398          (A) informs the governor that the county legislative body has failed to appoint an
399     individual to fill the vacancy within the statutory time period; and

400          (B) contains the name of the individual submitted by the party liaison to fill the
401     vacancy.
402          (ii) The governor shall, within 10 days after the day on which the governor receives the
403     letter described in Subsection (7)(c)(i), appoint the individual named by the party liaison to fill
404     the vacancy.
405          (d) An individual appointed to fill the vacancy under this Subsection (7) shall hold
406     office until a successor is elected and has qualified.
407          (8) Except as otherwise provided by law, the county legislative body may appoint
408     replacements to fill all vacancies that occur in those offices filled by appointment of the county
409     legislative body.
410          (9) Nothing in this section prohibits a candidate that does not wish to affiliate with a
411     political party from filing a certificate of nomination for a vacant office within the same time
412     limits as a candidate that is affiliated with a political party.
413          (10) (a) Each individual elected under Subsection (4), (5), or (6) to fill a vacancy in a
414     county office shall serve for the remainder of the unexpired term of the individual who created
415     the vacancy and until a successor is elected and qualified.
416          (b) Nothing in this section may be construed to contradict or alter the provisions of
417     Section 17-16-6.
418          Section 4. Section 53B-1-401 is amended to read:
419          53B-1-401. Definitions.
420          As used in this part:
421          (1) "Board" means the Utah Board of Higher Education described in Section
422     53B-1-402.
423          (2) "Institution of higher education" or "institution" means an institution of higher
424     education described in Section 53B-1-102.
425          (3) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of
426     gestational age or the duration of the pregnancy.
427          [(3)] (4) "Nominating committee" means the committee described in Section
428     53B-1-406.
429          Section 5. Section 53B-1-402 is amended to read:
430          53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.

431          (1) There is established a State Board of Regents, which:
432          (a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
433          (b) is the governing board for the institutions of higher education;
434          (c) controls, manages, and supervises the Utah system of higher education; and
435          (d) is a body politic and corporate with perpetual succession and with all rights,
436     immunities, and franchises necessary to function as a body politic and corporate.
437          (2) The board shall:
438          (a) establish and promote a state-level vision and goals for higher education that
439     emphasize system priorities, including:
440          (i) quality;
441          (ii) affordability;
442          (iii) access and equity;
443          (iv) completion;
444          (v) workforce alignment and preparation for high-quality jobs; and
445          (vi) economic growth;
446          (b) establish policies and practices that advance the vision and goals;
447          (c) establish metrics to demonstrate and monitor:
448          (i) performance related to the goals; and
449          (ii) performance on measures of operational efficiency;
450          (d) collect and analyze data including economic data, demographic data, and data
451     related to the metrics;
452          (e) coordinate data collection across institutions;
453          (f) establish, approve, and oversee each institution's mission and role in accordance
454     with Section 53B-16-101;
455          (g) assess an institution's performance in accomplishing the institution's mission and
456     role;
457          (h) participate in the establishment and review of programs of instruction in accordance
458     with Section 53B-16-102;
459          (i) perform duties related to an institution of higher education president, including:
460          (i) appointing an institution of higher education president in accordance with Section
461     53B-2-102;

462          (ii) providing support and guidance to an institution of higher education president;
463          (iii) evaluating an institution of higher education president based on institution
464     performance and progress toward systemwide priorities; and
465          (iv) setting the compensation for an institution of higher education president;
466          (j) create and implement a strategic finance plan for higher education, including by:
467          (i) establishing comprehensive budget and finance priorities for academic education
468     and technical education;
469          (ii) allocating statewide resources to institutions;
470          (iii) setting tuition for each institution;
471          (iv) administering state financial aid programs;
472          (v) administering performance funding in accordance with Chapter 7, Part 7,
473     Performance Funding; and
474          (vi) developing a strategic capital facility plan and prioritization process in accordance
475     with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
476          (k) create a seamless articulated education system for Utah students that responds to
477     changing demographics and workforce, including by:
478          (i) providing for statewide prior learning assessment, in accordance with Section
479     53B-16-110;
480          (ii) establishing and maintaining clear pathways for articulation and transfer, in
481     accordance with Section 53B-16-105;
482          (iii) establishing degree program requirement guidelines, including credit hour limits;
483          (iv) aligning general education requirements across degree-granting institutions;
484          (v) coordinating and incentivizing collaboration and partnerships between institutions
485     in delivering programs;
486          (vi) coordinating distance delivery of programs; and
487          (vii) coordinating work-based learning;
488          (l) coordinate with the public education system:
489          (i) regarding public education programs that provide postsecondary credit or
490     certificates; and
491          (ii) to ensure that an institution of higher education providing technical education
492     serves secondary students in the public education system;

493          (m) delegate to an institution board of trustees certain duties related to institution
494     governance including:
495          (i) guidance and support for the institution president;
496          (ii) effective administration;
497          (iii) the institution's responsibility for contributing to progress toward achieving
498     systemwide goals; and
499          (iv) other responsibilities determined by the board;
500          (n) delegate to an institution of higher education president management of the
501     institution of higher education;
502          (o) consult with an institution of higher education board of trustees or institution of
503     higher education president before acting on matters pertaining to the institution of higher
504     education;
505          (p) maximize efficiency throughout the Utah system of higher education by identifying
506     and establishing shared administrative services;
507          (q) develop strategies for providing higher education, including career and technical
508     education, in rural areas;
509          (r) manage and facilitate a process for initiating, prioritizing, and implementing
510     education reform initiatives; and
511          (s) provide ongoing quality review of institutions.
512          (3) The board shall submit an annual report of the board's activities and performance
513     against the board's goals and metrics to:
514          (a) the Education Interim Committee;
515          (b) the Higher Education Appropriations Subcommittee;
516          (c) the governor; and
517          (d) each institution of higher education.
518          (4) The board shall prepare and submit an annual report detailing the board's progress
519     and recommendations on workforce related issues, including career and technical education, to
520     the governor and to the Legislature's Education Interim Committee by October 31 of each year,
521     including information detailing:
522          (a) how the career and technical education needs of secondary students are being met
523     by institutions of higher education;

524          (b) how the emphasis on high demand, high wage, and high skill jobs in business and
525     industry is being provided;
526          (c) performance outcomes, including:
527          (i) entered employment;
528          (ii) job retention; and
529          (iii) earnings;
530          (d) an analysis of workforce needs and efforts to meet workforce needs; and
531          (e) student tuition and fees.
532          (5) The board may modify the name of an institution of higher education to reflect the
533     role and general course of study of the institution.
534          (6) The board may not take action relating to merging a technical college with another
535     institution of higher education without legislative approval.
536          (7) This section does not affect the power and authority vested in the State Board of
537     Education to apply for, accept, and manage federal appropriations for the establishment and
538     maintenance of career and technical education.
539          (8) The board shall ensure that any training or certification that an employee of the
540     higher education system is required to complete under this title or by board rule complies with
541     Title 63G, Chapter 22, State Training and Certification Requirements.
542          (9) The board shall adopt a policy requiring institutions to provide at least three work
543     days of paid bereavement leave for an employee:
544          (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
545     or
546          (b) following the end of another individual's pregnancy by way of a miscarriage or
547     stillbirth, if:
548          (i) the employee is the individual's spouse or partner;
549          (ii) (A) the employee is the individual's former spouse or partner; and
550          (B) the employee would have been a biological parent of a child born as a result of the
551     pregnancy;
552          (iii) the employee provides documentation to show that the individual intended for the
553     employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
554     as a result of the pregnancy; or

555          (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part
556     8, Gestational Agreement, the employee would have been a parent of a child born as a result of
557     the pregnancy.
558          Section 6. Section 63A-17-106 is amended to read:
559          63A-17-106. Responsibilities of the director.
560          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
561     fetus, regardless of gestational age or the duration of the pregnancy.
562          [(1)] (2) The director shall have full responsibility and accountability for the
563     administration of the statewide human resource management system.
564          [(2)] (3) Except as provided in Section 63A-17-201, an agency may not perform human
565     resource functions without the consent of the director.
566          [(3)] (4) Statewide human resource management rules adopted by the division in
567     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take
568     precedence if there is a conflict with agency rules, policies, or practices.
569          [(4)] (5) The division may operate as an internal service fund agency in accordance
570     with Section 63J-1-410 for the human resource functions the division provides.
571          [(5)] (6) The director shall:
572          (a) develop, implement, and administer a statewide program of human resource
573     management that will:
574          (i) aid in the efficient execution of public policy;
575          (ii) foster careers in public service for qualified employees; and
576          (iii) render assistance to state agencies in performing their missions;
577          (b) design and administer the state pay plan;
578          (c) design and administer the state classification system and procedures for determining
579     schedule assignments;
580          (d) design and administer the state recruitment and selection system;
581          (e) administer agency human resource practices and ensure compliance with federal
582     law, state law, and state human resource rules, including equal employment opportunity;
583          (f) consult with agencies on decisions concerning employee corrective action and
584     discipline;
585          (g) maintain central personnel records;

586          (h) perform those functions necessary to implement this chapter unless otherwise
587     assigned or prohibited;
588          (i) perform duties assigned by the governor, executive director, or statute;
589          (j) [adopt] make rules for human resource management [according to the procedures
590     of], in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
591          (k) establish and maintain a management information system that will furnish the
592     governor, the Legislature, and agencies with current information on authorized positions,
593     payroll, and related matters concerning state human resources;
594          (l) conduct research and planning activities to:
595          (i) determine and prepare for future state human resource needs;
596          (ii) develop methods for improving public human resource management; and
597          (iii) propose needed policy changes to the governor;
598          (m) study the character, causes, and extent of discrimination in state employment and
599     develop plans for its elimination through programs consistent with federal and state laws
600     governing equal employment opportunity in employment;
601          (n) when requested by charter schools or counties, municipalities, and other political
602     subdivisions of the state, provide technical service, training recommendations, or advice on
603     human resource management at a charge determined by the director;
604          (o) establish compensation policies and procedures for early voluntary retirement;
605          (p) confer with the heads of other agencies about human resource policies and
606     procedures;
607          (q) submit an annual report to the executive director, the governor, and the Legislature;
608     and
609          (r) assist with the development of a vacant position report required under Subsection
610     63J-1-201(2)(b)(vi).
611          [(6)] (7) (a) After consultation with the executive director, the governor, and the heads
612     of other agencies, the director shall establish and coordinate statewide training programs,
613     including and subject to available funding, the development of manager and supervisor
614     training.
615          (b) The programs developed under this Subsection [(6)] (7) shall have application to
616     more than one agency.

617          (c) The division may not establish training programs that train employees to perform
618     highly specialized or technical jobs and tasks.
619          (d) The division shall ensure that any training program described in this Subsection
620     [(6)] (7) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
621          [(7)] (8) (a) (i) The division may collect fees for training as authorized by this
622     Subsection [(7)] (8).
623          (ii) Training funded from General Fund appropriations shall be treated as a separate
624     program within the department budget.
625          (iii) All money received from fees under this section will be accounted for by the
626     department as a separate user driven training program.
627          (iv) The user training program includes the costs of developing, procuring, and
628     presenting training and development programs, and other associated costs for these programs.
629          (b) (i) Funds remaining at the end of the fiscal year in the user training program are
630     nonlapsing.
631          (ii) Each year, as part of the appropriations process, the Legislature shall review the
632     amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
633     the department to lapse a portion of the funds.
634          (9) Rules described in Subsection (6)(j) shall provide for at least three work days of
635     paid bereavement leave for an employee:
636          (a) following the end of the employee's pregnancy by way of miscarriage or stillbirth;
637     or
638          (b) following the end of another individual's pregnancy by way of a miscarriage or
639     stillbirth, if:
640          (i) the employee is the individual's spouse or partner;
641          (ii) (A) the employee is the individual's former spouse or partner; and
642          (B) the employee would have been a biological parent of a child born as a result of the
643     pregnancy;
644          (iii) the employee provides documentation to show that the individual intended for the
645     employee to be an adoptive parent, as that term is defined in Section 78B-6-103, of a child born
646     as a result of the pregnancy; or
647          (iv) under a valid gestational agreement in accordance with Title 78B, Chapter 15, Part

648     8, Gestational Agreement, the employee would have been a parent of a child born as a result of
649     the pregnancy.