Senator Wayne A. Harper proposes the following substitute bill:


1     
BEREAVEMENT LEAVE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Cheryl K. Acton

6     

7     LONG TITLE
8     General Description:
9          This bill requires certain entities to provide bereavement leave for employees who
10     experience a miscarriage or stillbirth.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the Utah Board of Higher Education and the human resources bodies of
15     state, county, and municipal governments to implement rules that will provide
16     bereavement leave for employees who suffer the loss of a child as a result of a
17     miscarriage or stillbirth; 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 -- Bereavement leave.
36          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
37     fetus, regardless of 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 a 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; or
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          Section 2. Section 17-33-5 is amended to read:

57          17-33-5. Office of personnel management -- Director -- Appointment and
58     responsibilities -- Personnel rules.
59          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
60     fetus, regardless of gestational age or the duration of the pregnancy.
61          [(1)] (2) (a) (i) Each county executive shall:
62          (A) create an office of personnel management, administered by a director of personnel
63     management; and
64          (B) ensure that the director is a person with proven experience in personnel
65     management.
66          (ii) Except as provided in Subsection [(1)] (2)(b), the position of director of personnel
67     management shall be:
68          (A) a merit position; and
69          (B) filled as provided in Subsection [(1)] (2)(a)(iii).
70          (iii) Except as provided in Subsection [(1)] (2)(b), the career service council shall:
71          (A) advertise and recruit for the director position in the same manner as for merit
72     positions;
73          (B) select three names from a register; and
74          (C) submit those names as recommendations to the county legislative body.
75          (iv) Except as provided in Subsection [(1)] (2)(b), the county legislative body shall
76     select a person to serve as director of the office of personnel management from the names
77     submitted to it by the career service council.
78          (b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
79     procedure under Subsections [(1)] (2)(a)(ii), (iii), and (iv) and at the county executive's
80     discretion, the county executive may appoint a director of personnel management with the
81     advice and consent of the county legislative body.
82          (ii) The position of each director of personnel management appointed under this
83     Subsection [(1)] (2)(b) shall be a merit exempt position.
84          (iii) A director of personnel management appointed under this Subsection [(1)] (2)(b)
85     may be terminated by the county executive with the consent of the county legislative body.
86          [(2)] (3) The director of personnel management shall:
87          (a) encourage and exercise leadership in the development of expertise in personnel

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

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

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

181     stillbirth, if:
182          (i) the employee is the individual's spouse or partner; or
183          (ii) (A) the employee is the individual's former spouse or partner; and
184          (B) the employee would have been a biological parent of a child born as a result of the
185     pregnancy.
186          Section 3. Section 20A-1-508 is amended to read:
187           20A-1-508. Midterm vacancies in county elected offices -- Temporary manager --
188     Interim replacement.
189          (1) As used in this section:
190          (a) (i) "County offices" includes the county executive, members of the county
191     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
192     the county recorder, the county surveyor, and the county assessor.
193          (ii) "County offices" does not include the office of county attorney, district attorney, or
194     judge.
195          (b) "Party liaison" means the political party officer designated to serve as a liaison with
196     each county legislative body on all matters relating to the political party's relationship with a
197     county as required by Section 20A-8-401.
198          (2) (a) Except as provided in Subsection (2)(d), until a county legislative body appoints
199     an interim replacement to fill a vacant county office under Subsection (3), the following shall
200     temporarily discharge the duties of the county office as a temporary manager:
201          (i) for a county office with one chief deputy, the chief deputy;
202          (ii) for a county office with more than one chief deputy:
203          (A) the chief deputy with the most cumulative time served as a chief deputy for the
204     county office; or
205          (B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer
206     vacates the office, the county officer files with the county clerk a written statement designating
207     one of the county officer's chief deputies to discharge the duties of the county office in the
208     event the county officer vacates the office, the designated chief deputy; or
209          (iii) for a county office without a chief deputy:
210          (A) if one management-level employee serving under the county office has a
211     higher-seniority management level than any other employee serving under the county office,

212     that management-level employee;
213          (B) if two or more management-level employees serving under the county office have
214     the same and highest-seniority management level, the highest-seniority management-level
215     employee with the most cumulative time served in the employee's current position; or
216          (C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county
217     officer vacates the office, the county officer files with the county clerk a written statement
218     designating one of the county officer's employees to discharge the county officer's duties in the
219     event the county officer vacates the office, the designated employee.
220          (b) Except as provided in Subsection (2)(c), a temporary manager described in
221     Subsection (2)(a) who temporarily discharges the duties of a county office holds the powers
222     and duties of the county office until the county legislative body appoints an interim
223     replacement under Subsection (3).
224          (c) The temporary manager described in Subsection (2)(a) who temporarily discharges
225     the duties of a county office:
226          (i) may not take an oath of office for the county office as a temporary manager;
227          (ii) shall comply with Title 17, Chapter 36, Uniform Fiscal Procedures Act for
228     Counties, and the county's budget ordinances and policies;
229          (iii) unless approved by the county legislative body, may not change the compensation
230     of an employee;
231          (iv) unless approved by the county legislative body, may not promote or demote an
232     employee or change an employee's job title;
233          (v) may terminate an employee only if the termination is conducted in accordance with:
234          (A) personnel rules described in Subsection 17-33-5[(3)](4) that are approved by the
235     county legislative body; and
236          (B) applicable law;
237          (vi) unless approved by the county legislative body, may not exceed by more than 5%
238     an expenditure that was planned before the county office for which the temporary manager
239     discharges duties was vacated;
240          (vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or
241     compensation; and
242          (viii) if approved by the county legislative body, may receive a performance award

243     after:
244          (A) the county legislative body appoints an interim replacement under Subsection (3);
245     and
246          (B) the interim replacement is sworn into office.
247          (d) This Subsection (2) does not apply to a vacancy in the office of county legislative
248     body member.
249          (3) (a) Until a replacement is selected as provided in this section and has qualified, the
250     county legislative body shall appoint an interim replacement to fill the vacant office by
251     following the procedures and requirements of this Subsection (3).
252          (b) (i) To appoint an interim replacement, the county legislative body shall, within 10
253     days after the day on which the vacancy occurs, give notice of the vacancy to the party liaison
254     of the same political party of the prior office holder and invite that party liaison to submit the
255     name of an individual to fill the vacancy.
256          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
257     liaison receives the notice described in Subsection (3)(b)(i), or if the party liaison does not
258     receive the notice, before 5 p.m. within 40 days after the day on which the vacancy occurs,
259     submit to the county legislative body the name of an individual the party selects in accordance
260     with the party's constitution or bylaws to serve as the interim replacement.
261          (iii) The county legislative body shall, no later than five days after the day on which a
262     party liaison submits the name of the individual to serve as the interim replacement, appoint the
263     individual to serve out the unexpired term.
264          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
265     vacancy in accordance with Subsection (3)(b)(iii), the county clerk shall, no later than five days
266     after the day of the deadline described in Subsection (3)(b)(iii), send to the governor a letter
267     that:
268          (A) informs the governor that the county legislative body has failed to appoint a
269     replacement within the statutory time period; and
270          (B) contains the name of the individual submitted by the party liaison to fill the
271     vacancy.
272          (ii) The governor shall, within 10 days after the day on which the governor receives the
273     letter described in Subsection (3)(c)(i), appoint the individual named by the party liaison as an

274     interim replacement to fill the vacancy.
275          (d) An individual appointed as interim replacement under this Subsection (3) shall hold
276     office until a successor is elected and has qualified.
277          (4) (a) The requirements of this Subsection (4) apply to all county offices that become
278     vacant if:
279          (i) the vacant office has an unexpired term of two years or more; and
280          (ii) the vacancy occurs after the election at which the officeholder was elected but
281     before the second Friday in March of the next even-numbered year.
282          (b) (i) When the conditions described in Subsection (4)(a) are met, the county clerk
283     shall as soon as practicable, but no later than 180 days before the next regular general election,
284     notify the public and each registered political party that the vacancy exists.
285          (ii) An individual intending to become a party candidate for the vacant office shall file
286     a declaration of candidacy in accordance with:
287          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
288          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
289     applicable.
290          (iii) An individual who is nominated as a party candidate, who qualifies as an
291     unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates not Affiliated
292     with a Party, or who qualifies as a write-in candidate for the vacant office under Chapter 9, Part
293     6, Write-in Candidates, shall run in the regular general election.
294          (5) (a) The requirements of this Subsection (5) apply to all county offices that become
295     vacant if:
296          (i) the vacant office has an unexpired term of two years or more; and
297          (ii) the vacancy occurs on or after the second Friday in March of the next
298     even-numbered year but more than 75 days before the regular primary election.
299          (b) When the conditions described in Subsection (5)(a) are met, the county clerk shall
300     as soon as practicable, but no later than 70 days before the next regular primary election, notify
301     the public and each registered political party:
302          (i) that the vacancy exists; and
303          (ii) of the deadlines described in Subsection (5)(c)(i) and the deadlines established
304     under Subsection (5)(d)(ii).

305          (c) (i) An individual intending to become a party candidate for a vacant office shall,
306     within five days after the day on which the notice is given, ending at the close of normal office
307     hours on the fifth day, file a declaration of candidacy for the vacant office in accordance with:
308          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
309          (B) for a county commission office, Subsection 17-52a-201(6) or 17-52a-202(6), if
310     applicable.
311          (ii) The county central committee of each party shall:
312          (A) select a candidate or candidates from among those qualified candidates who have
313     filed declarations of candidacy; and
314          (B) certify the name of the candidate or candidates to the county clerk as soon as
315     practicable, but before 5 p.m. no later than 60 days before the day of the regular primary
316     election.
317          (d) (i) Except as provided in Subsection (5)(d)(ii), an individual intending to become a
318     candidate for a vacant office who does not wish to affiliate with a registered political party
319     shall file a verified certificate of nomination described in Section 20A-9-502 with the county
320     clerk in accordance with Chapter 9, Part 5, Candidates not Affiliated with a Party.
321          (ii) (A) The county clerk shall establish, in the clerk's reasonable discretion, a deadline
322     that is before 5 p.m. no later than 65 days before the day of the next regular general election by
323     which an individual who is not affiliated with a registered political party is required to submit a
324     certificate of nomination under Subsection (5)(d)(i).
325          (B) The county clerk shall establish the deadline described in Subsection (5)(d)(ii)(A)
326     in a manner that gives an unaffiliated candidate an equal opportunity to access the regular
327     general election ballot.
328          (e) An individual who is nominated as a party candidate for the vacant office, who
329     qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates
330     not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under
331     Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.
332          (6) (a) The requirements of this Subsection (6) apply to all county offices that become
333     vacant:
334          (i) if the vacant office has an unexpired term of two years or more; and
335          (ii) when 75 days or less remain before the day of the regular primary election but more

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

367          (7) (a) The requirements of this Subsection (7) apply to all county offices that become
368     vacant:
369          (i) if the vacant office has an unexpired term of less than two years; or
370          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
371     remain before the day of the next regular general election.
372          (b) (i) When the conditions described in Subsection (7)(a) are met, the county
373     legislative body shall as soon as practicable, but no later than 10 days after the day on which
374     the vacancy occurs, give notice of the vacancy to the party liaison of the same political party as
375     the prior office holder and invite that party liaison to submit the name of an individual to fill
376     the vacancy.
377          (ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
378     party liaison receives the notice described in Subsection (7)(b)(i), or if the party liaison does
379     not receive the notice, before 5 p.m. no later than 40 days after the day on which the vacancy
380     occurs, submit to the county legislative body the name of an individual to fill the vacancy.
381          (iii) The county legislative body shall, no later than five days after the day on which a
382     party liaison submits the name of the individual to fill the vacancy, appoint the individual to
383     serve out the unexpired term.
384          (c) (i) If the county legislative body fails to appoint an individual to fill the vacancy in
385     accordance with Subsection (7)(b)(iii), the county clerk shall send to the governor a letter that:
386          (A) informs the governor that the county legislative body has failed to appoint an
387     individual to fill the vacancy within the statutory time period; and
388          (B) contains the name of the individual submitted by the party liaison to fill the
389     vacancy.
390          (ii) The governor shall, within 10 days after the day on which the governor receives the
391     letter described in Subsection (7)(c)(i), appoint the individual named by the party liaison to fill
392     the vacancy.
393          (d) An individual appointed to fill the vacancy under this Subsection (7) shall hold
394     office until a successor is elected and has qualified.
395          (8) Except as otherwise provided by law, the county legislative body may appoint
396     replacements to fill all vacancies that occur in those offices filled by appointment of the county
397     legislative body.

398          (9) Nothing in this section prohibits a candidate that does not wish to affiliate with a
399     political party from filing a certificate of nomination for a vacant office within the same time
400     limits as a candidate that is affiliated with a political party.
401          (10) (a) Each individual elected under Subsection (4), (5), or (6) to fill a vacancy in a
402     county office shall serve for the remainder of the unexpired term of the individual who created
403     the vacancy and until a successor is elected and qualified.
404          (b) Nothing in this section may be construed to contradict or alter the provisions of
405     Section 17-16-6.
406          Section 4. Section 53B-1-401 is amended to read:
407          53B-1-401. Definitions.
408          As used in this part:
409          (1) "Board" means the Utah Board of Higher Education described in Section
410     53B-1-402.
411          (2) "Institution of higher education" or "institution" means an institution of higher
412     education described in Section 53B-1-102.
413          (3) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of
414     gestational age or the duration of the pregnancy.
415          [(3)] (4) "Nominating committee" means the committee described in Section
416     53B-1-406.
417          Section 5. Section 53B-1-402 is amended to read:
418          53B-1-402. Establishment of board -- Powers, duties, and authority -- Reports.
419          (1) There is established a State Board of Regents, which:
420          (a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
421          (b) is the governing board for the institutions of higher education;
422          (c) controls, manages, and supervises the Utah system of higher education; and
423          (d) is a body politic and corporate with perpetual succession and with all rights,
424     immunities, and franchises necessary to function as a body politic and corporate.
425          (2) The board shall:
426          (a) establish and promote a state-level vision and goals for higher education that
427     emphasize system priorities, including:
428          (i) quality;

429          (ii) affordability;
430          (iii) access and equity;
431          (iv) completion;
432          (v) workforce alignment and preparation for high-quality jobs; and
433          (vi) economic growth;
434          (b) establish policies and practices that advance the vision and goals;
435          (c) establish metrics to demonstrate and monitor:
436          (i) performance related to the goals; and
437          (ii) performance on measures of operational efficiency;
438          (d) collect and analyze data including economic data, demographic data, and data
439     related to the metrics;
440          (e) coordinate data collection across institutions;
441          (f) establish, approve, and oversee each institution's mission and role in accordance
442     with Section 53B-16-101;
443          (g) assess an institution's performance in accomplishing the institution's mission and
444     role;
445          (h) participate in the establishment and review of programs of instruction in accordance
446     with Section 53B-16-102;
447          (i) perform duties related to an institution of higher education president, including:
448          (i) appointing an institution of higher education president in accordance with Section
449     53B-2-102;
450          (ii) providing support and guidance to an institution of higher education president;
451          (iii) evaluating an institution of higher education president based on institution
452     performance and progress toward systemwide priorities; and
453          (iv) setting the compensation for an institution of higher education president;
454          (j) create and implement a strategic finance plan for higher education, including by:
455          (i) establishing comprehensive budget and finance priorities for academic education
456     and technical education;
457          (ii) allocating statewide resources to institutions;
458          (iii) setting tuition for each institution;
459          (iv) administering state financial aid programs;

460          (v) administering performance funding in accordance with Chapter 7, Part 7,
461     Performance Funding; and
462          (vi) developing a strategic capital facility plan and prioritization process in accordance
463     with Chapter 22, Part 2, Capital Developments, and Sections 53B-2a-117 and 53B-2a-118;
464          (k) create a seamless articulated education system for Utah students that responds to
465     changing demographics and workforce, including by:
466          (i) providing for statewide prior learning assessment, in accordance with Section
467     53B-16-110;
468          (ii) establishing and maintaining clear pathways for articulation and transfer, in
469     accordance with Section 53B-16-105;
470          (iii) establishing degree program requirement guidelines, including credit hour limits;
471          (iv) aligning general education requirements across degree-granting institutions;
472          (v) coordinating and incentivizing collaboration and partnerships between institutions
473     in delivering programs;
474          (vi) coordinating distance delivery of programs; and
475          (vii) coordinating work-based learning;
476          (l) coordinate with the public education system:
477          (i) regarding public education programs that provide postsecondary credit or
478     certificates; and
479          (ii) to ensure that an institution of higher education providing technical education
480     serves secondary students in the public education system;
481          (m) delegate to an institution board of trustees certain duties related to institution
482     governance including:
483          (i) guidance and support for the institution president;
484          (ii) effective administration;
485          (iii) the institution's responsibility for contributing to progress toward achieving
486     systemwide goals; and
487          (iv) other responsibilities determined by the board;
488          (n) delegate to an institution of higher education president management of the
489     institution of higher education;
490          (o) consult with an institution of higher education board of trustees or institution of

491     higher education president before acting on matters pertaining to the institution of higher
492     education;
493          (p) maximize efficiency throughout the Utah system of higher education by identifying
494     and establishing shared administrative services;
495          (q) develop strategies for providing higher education, including career and technical
496     education, in rural areas;
497          (r) manage and facilitate a process for initiating, prioritizing, and implementing
498     education reform initiatives; and
499          (s) provide ongoing quality review of institutions.
500          (3) The board shall submit an annual report of the board's activities and performance
501     against the board's goals and metrics to:
502          (a) the Education Interim Committee;
503          (b) the Higher Education Appropriations Subcommittee;
504          (c) the governor; and
505          (d) each institution of higher education.
506          (4) The board shall prepare and submit an annual report detailing the board's progress
507     and recommendations on workforce related issues, including career and technical education, to
508     the governor and to the Legislature's Education Interim Committee by October 31 of each year,
509     including information detailing:
510          (a) how the career and technical education needs of secondary students are being met
511     by institutions of higher education;
512          (b) how the emphasis on high demand, high wage, and high skill jobs in business and
513     industry is being provided;
514          (c) performance outcomes, including:
515          (i) entered employment;
516          (ii) job retention; and
517          (iii) earnings;
518          (d) an analysis of workforce needs and efforts to meet workforce needs; and
519          (e) student tuition and fees.
520          (5) The board may modify the name of an institution of higher education to reflect the
521     role and general course of study of the institution.

522          (6) The board may not take action relating to merging a technical college with another
523     institution of higher education without legislative approval.
524          (7) This section does not affect the power and authority vested in the State Board of
525     Education to apply for, accept, and manage federal appropriations for the establishment and
526     maintenance of career and technical education.
527          (8) The board shall ensure that any training or certification that an employee of the
528     higher education system is required to complete under this title or by board rule complies with
529     Title 63G, Chapter 22, State Training and Certification Requirements.
530          (9) The board shall adopt a policy requiring institutions to provide at least three work
531     days of paid bereavement leave for an employee:
532          (a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
533     or
534          (b) following the end of another individual's pregnancy by way of a miscarriage or
535     stillbirth, if:
536          (i) the employee is the individual's spouse or partner; or
537          (ii) (A) the employee is the individual's former spouse or partner; and
538          (B) the employee would have been a biological parent of a child born as a result of the
539     pregnancy.
540          Section 6. Section 63A-17-106 is amended to read:
541          63A-17-106. Responsibilities of the director.
542          (1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
543     fetus, regardless of gestational age or the duration of the pregnancy.
544          [(1)] (2) The director shall have full responsibility and accountability for the
545     administration of the statewide human resource management system.
546          [(2)] (3) Except as provided in Section 63A-17-201, an agency may not perform human
547     resource functions without the consent of the director.
548          [(3)] (4) Statewide human resource management rules adopted by the division in
549     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take
550     precedence if there is a conflict with agency rules, policies, or practices.
551          [(4)] (5) The division may operate as an internal service fund agency in accordance
552     with Section 63J-1-410 for the human resource functions the division provides.

553          [(5)] (6) The director shall:
554          (a) develop, implement, and administer a statewide program of human resource
555     management that will:
556          (i) aid in the efficient execution of public policy;
557          (ii) foster careers in public service for qualified employees; and
558          (iii) render assistance to state agencies in performing their missions;
559          (b) design and administer the state pay plan;
560          (c) design and administer the state classification system and procedures for determining
561     schedule assignments;
562          (d) design and administer the state recruitment and selection system;
563          (e) administer agency human resource practices and ensure compliance with federal
564     law, state law, and state human resource rules, including equal employment opportunity;
565          (f) consult with agencies on decisions concerning employee corrective action and
566     discipline;
567          (g) maintain central personnel records;
568          (h) perform those functions necessary to implement this chapter unless otherwise
569     assigned or prohibited;
570          (i) perform duties assigned by the governor, executive director, or statute;
571          (j) [adopt] make rules for human resource management [according to the procedures
572     of], in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
573          (k) establish and maintain a management information system that will furnish the
574     governor, the Legislature, and agencies with current information on authorized positions,
575     payroll, and related matters concerning state human resources;
576          (l) conduct research and planning activities to:
577          (i) determine and prepare for future state human resource needs;
578          (ii) develop methods for improving public human resource management; and
579          (iii) propose needed policy changes to the governor;
580          (m) study the character, causes, and extent of discrimination in state employment and
581     develop plans for its elimination through programs consistent with federal and state laws
582     governing equal employment opportunity in employment;
583          (n) when requested by charter schools or counties, municipalities, and other political

584     subdivisions of the state, provide technical service, training recommendations, or advice on
585     human resource management at a charge determined by the director;
586          (o) establish compensation policies and procedures for early voluntary retirement;
587          (p) confer with the heads of other agencies about human resource policies and
588     procedures;
589          (q) submit an annual report to the executive director, the governor, and the Legislature;
590     and
591          (r) assist with the development of a vacant position report required under Subsection
592     63J-1-201(2)(b)(vi).
593          [(6)] (7) (a) After consultation with the executive director, the governor, and the heads
594     of other agencies, the director shall establish and coordinate statewide training programs,
595     including and subject to available funding, the development of manager and supervisor
596     training.
597          (b) The programs developed under this Subsection [(6)] (7) shall have application to
598     more than one agency.
599          (c) The division may not establish training programs that train employees to perform
600     highly specialized or technical jobs and tasks.
601          (d) The division shall ensure that any training program described in this Subsection
602     [(6)] (7) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
603          [(7)] (8) (a) (i) The division may collect fees for training as authorized by this
604     Subsection [(7)] (8).
605          (ii) Training funded from General Fund appropriations shall be treated as a separate
606     program within the department budget.
607          (iii) All money received from fees under this section will be accounted for by the
608     department as a separate user driven training program.
609          (iv) The user training program includes the costs of developing, procuring, and
610     presenting training and development programs, and other associated costs for these programs.
611          (b) (i) Funds remaining at the end of the fiscal year in the user training program are
612     nonlapsing.
613          (ii) Each year, as part of the appropriations process, the Legislature shall review the
614     amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require

615     the department to lapse a portion of the funds.
616          (9) Rules described in Subsection (6)(j) shall provide for at least three work days of
617     paid bereavement leave for an employee:
618          (a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
619     or
620          (b) following the end of another individual's pregnancy by way of a miscarriage or
621     stillbirth, if:
622          (i) the employee is the individual's spouse or partner; or
623          (ii) (A) the employee is the individual's former spouse or partner; and
624          (B) the employee would have been a biological parent of a child born as a result of the
625     pregnancy.