Senator Stephanie Pitcher proposes the following substitute bill:


1     
PUBLIC EMPLOYEE LEAVE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Stephanie Pitcher

6     Cosponsors:
7     Joel K. Briscoe
8     Tyler Clancy
9     Matthew H. Gwynn
10     Sahara Hayes
Dan N. Johnson
Marsha Judkins
Anthony E. Loubet
Ashlee Matthews
Carol S. Moss
Andrew Stoddard
Douglas R. Welton
Mark A. Wheatley
11     

12     LONG TITLE
13     General Description:
14          This bill requires certain government employers to, at a minimum, provide unpaid leave
15     to an employee who is a state legislator on an authorized legislative day.
16     Highlighted Provisions:
17          This bill:
18          ▸     defines terms;
19          ▸     unless the requirement would impose an undue hardship on a particular employer,
20     requires certain government employers to, at a minimum, provide unpaid leave to an
21     employee who is a state legislator on an authorized legislative day; and
22          ▸     prohibits interference with, or retaliating against an employee for, taking the leave
23     described in the preceding paragraph.
24     Money Appropriated in this Bill:

25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     ENACTS:
30          10-3-1111, Utah Code Annotated 1953
31          11-13-104, Utah Code Annotated 1953
32          17-15-33, Utah Code Annotated 1953
33          53B-2-114, Utah Code Annotated 1953
34          53B-2a-119, Utah Code Annotated 1953
35          53G-11-208, Utah Code Annotated 1953
36          63A-17-513, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 10-3-1111 is enacted to read:
40          10-3-1111. Municipality required to provide leave to a legislator on an authorized
41     legislative day.
42          (1) As used in this section:
43          (a) "Authorized legislative day" means:
44          (i) the day on which the Legislature convenes in annual general session, and each day
45     after that day, until midnight of the 45th day of the annual general session;
46          (ii) a special session day;
47          (iii) a veto override session day;
48          (iv) an interim day designated by the Legislative Management Committee;
49          (v) an authorized legislative training day; or
50          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
51     force, or other entity is held, if:
52          (A) the committee, subcommittee, commission, task force, or other entity is created by
53     statute or joint resolution;
54          (B) the legislator's attendance at the meeting is approved by the Legislative
55     Management Committee; and

56          (C) service and payment for service by the legislator is not in violation of the Utah
57     Constitution, including Article V and Article VI, Sections 6 and 7.
58          (b) "Authorized legislative training day" means a day that a Legislative Expenses
59     Oversight Committee designates as an authorized legislative day for training or informational
60     purposes, including:
61          (i) chair training;
62          (ii) an issue briefing;
63          (iii) legislative leadership instruction;
64          (iv) legislative process training;
65          (v) legislative rules training;
66          (vi) new legislator orientation; or
67          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
68     legislator's official duties.
69          (c) "Legislator" means:
70          (i) a member of the Utah Senate;
71          (ii) a member of the Utah House of Representatives; or
72          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
73     or (ii), but has not yet been sworn in or begun the individual's term of office.
74          (d) "Retaliatory action" means to:
75          (i) dismiss the employee;
76          (ii) reduce the employee's compensation;
77          (iii) fail to increase the employee's compensation by an amount that the employee is
78     otherwise entitled to or was promised;
79          (iv) fail to promote the employee if the employee would have otherwise been
80     promoted; or
81          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
82          (2) Except as provided in Subsection (4), a municipality that employs an individual
83     who is a legislator:
84          (a) shall grant leave to the individual on an authorized legislative day for the number of
85     hours requested by the individual;
86          (b) may not interfere with, or otherwise restrain the individual from, using the leave

87     described in Subsection (2)(a); and
88          (c) may not take retaliatory action against the individual for using the leave described
89     in Subsection (2)(a).
90          (3) The leave described in Subsection (2) is leave without pay unless the municipality
91     and the individual described in Subsection (2) agree to terms that are more favorable to the
92     individual.
93          (4) A municipality is not required to comply with Subsection (2) if the legislative body
94     of the municipality determines that complying with the requirement would cause the
95     municipality significant difficulty or expense when considered in relation to the size, financial
96     resources, nature, or structure of the municipality's operations.
97          Section 2. Section 11-13-104 is enacted to read:
98          11-13-104. Interlocal entity required to provide leave to a legislator on an
99     authorized legislative day.
100          (1) As used in this section:
101          (a) "Authorized legislative day" means:
102          (i) the day on which the Legislature convenes in annual general session, and each day
103     after that day, until midnight of the 45th day of the annual general session;
104          (ii) a special session day;
105          (iii) a veto override session day;
106          (iv) an interim day designated by the Legislative Management Committee;
107          (v) an authorized legislative training day; or
108          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
109     force, or other entity is held, if:
110          (A) the committee, subcommittee, commission, task force, or other entity is created by
111     statute or joint resolution;
112          (B) the legislator's attendance at the meeting is approved by the Legislative
113     Management Committee; and
114          (C) service and payment for service by the legislator is not in violation of the Utah
115     Constitution, including Article V and Article VI, Sections 6 and 7.
116          (b) "Authorized legislative training day" means a day that a Legislative Expenses
117     Oversight Committee designates as an authorized legislative day for training or informational

118     purposes, including:
119          (i) chair training;
120          (ii) an issue briefing;
121          (iii) legislative leadership instruction;
122          (iv) legislative process training;
123          (v) legislative rules training;
124          (vi) new legislator orientation; or
125          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
126     legislator's official duties.
127          (c) "Legislator" means:
128          (i) a member of the Utah Senate;
129          (ii) a member of the Utah House of Representatives; or
130          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
131     or (ii), but has not yet been sworn in or begun the individual's term of office.
132          (d) "Retaliatory action" means to:
133          (i) dismiss the employee;
134          (ii) reduce the employee's compensation;
135          (iii) fail to increase the employee's compensation by an amount that the employee is
136     otherwise entitled to or was promised;
137          (iv) fail to promote the employee if the employee would have otherwise been
138     promoted; or
139          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
140          (2) Except as provided in Subsection (4), an interlocal entity that employs an individual
141     who is a legislator:
142          (a) shall grant leave to the individual on an authorized legislative day for the number of
143     hours requested by the individual;
144          (b) may not interfere with, or otherwise restrain the individual from, using the leave
145     described in Subsection (2)(a); and
146          (c) may not take retaliatory action against the individual for using the leave described
147     in Subsection (2)(a).
148          (3) The leave described in Subsection (2) is leave without pay unless the interlocal

149     entity and the individual described in Subsection (2) agree to terms that are more favorable to
150     the individual.
151          (4) An interlocal entity is not required to comply with Subsection (2) if the governing
152     authority of the interlocal entity determines that complying with the requirement would cause
153     the interlocal entity significant difficulty or expense when considered in relation to the size,
154     financial resources, nature, or structure of the interlocal entity's operations.
155          Section 3. Section 17-15-33 is enacted to read:
156          17-15-33. County required to provide leave to a legislator on an authorized
157     legislative day.
158          (1) As used in this section:
159          (a) "Authorized legislative day" means:
160          (i) the day on which the Legislature convenes in annual general session, and each day
161     after that day, until midnight of the 45th day of the annual general session;
162          (ii) a special session day;
163          (iii) a veto override session day;
164          (iv) an interim day designated by the Legislative Management Committee;
165          (v) an authorized legislative training day; or
166          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
167     force, or other entity is held, if:
168          (A) the committee, subcommittee, commission, task force, or other entity is created by
169     statute or joint resolution;
170          (B) the legislator's attendance at the meeting is approved by the Legislative
171     Management Committee; and
172          (C) service and payment for service by the legislator is not in violation of the Utah
173     Constitution, including Article V and Article VI, Sections 6 and 7.
174          (b) "Authorized legislative training day" means a day that a Legislative Expenses
175     Oversight Committee designates as an authorized legislative day for training or informational
176     purposes, including:
177          (i) chair training;
178          (ii) an issue briefing;
179          (iii) legislative leadership instruction;

180          (iv) legislative process training;
181          (v) legislative rules training;
182          (vi) new legislator orientation; or
183          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
184     legislator's official duties.
185          (c) "Legislator" means:
186          (i) a member of the Utah Senate;
187          (ii) a member of the Utah House of Representatives; or
188          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
189     or (ii), but has not yet been sworn in or begun the individual's term of office.
190          (d) "Retaliatory action" means to:
191          (i) dismiss the employee;
192          (ii) reduce the employee's compensation;
193          (iii) fail to increase the employee's compensation by an amount that the employee is
194     otherwise entitled to or was promised;
195          (iv) fail to promote the employee if the employee would have otherwise been
196     promoted; or
197          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
198          (2) Except as provided in Subsection (4), a county that employs an individual who is a
199     legislator:
200          (a) shall grant leave to the individual on an authorized legislative day for the number of
201     hours requested by the individual;
202          (b) may not interfere with, or otherwise restrain the individual from, using the leave
203     described in Subsection (2)(a); and
204          (c) may not take retaliatory action against the individual for using the leave described
205     in Subsection (2)(a).
206          (3) The leave described in Subsection (2) is leave without pay unless the county and
207     the individual described in Subsection (2) agree to terms that are more favorable to the
208     individual.
209          (4) A county is not required to comply with Subsection (2) if the legislative body of the
210     county determines that complying with the requirement would cause the county significant

211     difficulty or expense when considered in relation to the size, financial resources, nature, or
212     structure of the county's operations.
213          Section 4. Section 53B-2-114 is enacted to read:
214          53B-2-114. Institution of higher education required to provide leave to a legislator
215     on an authorized legislative day.
216          (1) As used in this section:
217          (a) "Authorized legislative day" means:
218          (i) the day on which the Legislature convenes in annual general session, and each day
219     after that day, until midnight of the 45th day of the annual general session;
220          (ii) a special session day;
221          (iii) a veto override session day;
222          (iv) an interim day designated by the Legislative Management Committee;
223          (v) an authorized legislative training day; or
224          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
225     force, or other entity is held, if:
226          (A) the committee, subcommittee, commission, task force, or other entity is created by
227     statute or joint resolution;
228          (B) the legislator's attendance at the meeting is approved by the Legislative
229     Management Committee; and
230          (C) service and payment for service by the legislator is not in violation of the Utah
231     Constitution, including Article V and Article VI, Sections 6 and 7.
232          (b) "Authorized legislative training day" means a day that a Legislative Expenses
233     Oversight Committee designates as an authorized legislative day for training or informational
234     purposes, including:
235          (i) chair training;
236          (ii) an issue briefing;
237          (iii) legislative leadership instruction;
238          (iv) legislative process training;
239          (v) legislative rules training;
240          (vi) new legislator orientation; or
241          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the

242     legislator's official duties.
243          (c) "Legislator" means:
244          (i) a member of the Utah Senate;
245          (ii) a member of the Utah House of Representatives; or
246          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
247     or (ii), but has not yet been sworn in or begun the individual's term of office.
248          (d) "Retaliatory action" means to:
249          (i) dismiss the employee;
250          (ii) reduce the employee's compensation;
251          (iii) fail to increase the employee's compensation by an amount that the employee is
252     otherwise entitled to or was promised;
253          (iv) fail to promote the employee if the employee would have otherwise been
254     promoted; or
255          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
256          (2) Except as provided in Subsection (4), an institution of higher education that
257     employs an individual who is a legislator:
258          (a) shall grant leave to the individual on an authorized legislative day for the number of
259     hours requested by the individual;
260          (b) may not interfere with, or otherwise restrain the individual from, using the leave
261     described in Subsection (2)(a); and
262          (c) may not take retaliatory action against the individual for using the leave described
263     in Subsection (2)(a).
264          (3) The leave described in Subsection (2) is leave without pay unless the institution of
265     higher education and the individual described in Subsection (2) agree to terms that are more
266     favorable to the individual.
267          (4) An institution of higher education is not required to comply with Subsection (2) if
268     the institution board of trustees of the institution of higher education determines that complying
269     with the requirement would cause the institution of higher education significant difficulty or
270     expense when considered in relation to the size, financial resources, nature, or structure of the
271     institution of higher education's operations.
272          Section 5. Section 53B-2a-119 is enacted to read:

273          53B-2a-119. Technical college required to provide leave to a legislator on an
274     authorized legislative day.
275          (1) As used in this section:
276          (a) "Authorized legislative day" means:
277          (i) the day on which the Legislature convenes in annual general session, and each day
278     after that day, until midnight of the 45th day of the annual general session;
279          (ii) a special session day;
280          (iii) a veto override session day;
281          (iv) an interim day designated by the Legislative Management Committee;
282          (v) an authorized legislative training day; or
283          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
284     force, or other entity is held, if:
285          (A) the committee, subcommittee, commission, task force, or other entity is created by
286     statute or joint resolution;
287          (B) the legislator's attendance at the meeting is approved by the Legislative
288     Management Committee; and
289          (C) service and payment for service by the legislator is not in violation of the Utah
290     Constitution, including Article V and Article VI, Sections 6 and 7.
291          (b) "Authorized legislative training day" means a day that a Legislative Expenses
292     Oversight Committee designates as an authorized legislative day for training or informational
293     purposes, including:
294          (i) chair training;
295          (ii) an issue briefing;
296          (iii) legislative leadership instruction;
297          (iv) legislative process training;
298          (v) legislative rules training;
299          (vi) new legislator orientation; or
300          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
301     legislator's official duties.
302          (c) "Legislator" means:
303          (i) a member of the Utah Senate;

304          (ii) a member of the Utah House of Representatives; or
305          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
306     or (ii), but has not yet been sworn in or begun the individual's term of office.
307          (d) "Retaliatory action" means to:
308          (i) dismiss the employee;
309          (ii) reduce the employee's compensation;
310          (iii) fail to increase the employee's compensation by an amount that the employee is
311     otherwise entitled to or was promised;
312          (iv) fail to promote the employee if the employee would have otherwise been
313     promoted; or
314          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
315          (2) Except as provided in Subsection (4), a technical college that employs an individual
316     who is a legislator:
317          (a) shall grant leave to the individual on an authorized legislative day for the number of
318     hours requested by the individual;
319          (b) may not interfere with, or otherwise restrain the individual from, using the leave
320     described in Subsection (2)(a); and
321          (c) may not take retaliatory action against the individual for using the leave described
322     in Subsection (2)(a).
323          (3) The leave described in Subsection (2) is leave without pay unless the technical
324     college and the individual described in Subsection (2) agree to terms that are more favorable to
325     the individual.
326          (4) A technical college is not required to comply with Subsection (2) if the institution
327     board of trustees of the technical college determines that complying with the requirement
328     would cause the technical college significant difficulty or expense when considered in relation
329     to the size, financial resources, nature, or structure of the technical college's operations.
330          Section 6. Section 53G-11-208 is enacted to read:
331          53G-11-208. Local education agency required to provide leave to a legislator on
332     an authorized legislative day.
333          (1) As used in this section:
334          (a) "Authorized legislative day" means:

335          (i) the day on which the Legislature convenes in annual general session, and each day
336     after that day, until midnight of the 45th day of the annual general session;
337          (ii) a special session day;
338          (iii) a veto override session day;
339          (iv) an interim day designated by the Legislative Management Committee;
340          (v) an authorized legislative training day; or
341          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
342     force, or other entity is held, if:
343          (A) the committee, subcommittee, commission, task force, or other entity is created by
344     statute or joint resolution;
345          (B) the legislator's attendance at the meeting is approved by the Legislative
346     Management Committee; and
347          (C) service and payment for service by the legislator is not in violation of the Utah
348     Constitution, including Article V and Article VI, Sections 6 and 7.
349          (b) "Authorized legislative training day" means a day that a Legislative Expenses
350     Oversight Committee designates as an authorized legislative day for training or informational
351     purposes, including:
352          (i) chair training;
353          (ii) an issue briefing;
354          (iii) legislative leadership instruction;
355          (iv) legislative process training;
356          (v) legislative rules training;
357          (vi) new legislator orientation; or
358          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
359     legislator's official duties.
360          (c) "Legislator" means:
361          (i) a member of the Utah Senate;
362          (ii) a member of the Utah House of Representatives; or
363          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
364     or (ii), but has not yet been sworn in or begun the individual's term of office.
365          (d) "Retaliatory action" means to:

366          (i) dismiss the employee;
367          (ii) reduce the employee's compensation;
368          (iii) fail to increase the employee's compensation by an amount that the employee is
369     otherwise entitled to or was promised;
370          (iv) fail to promote the employee if the employee would have otherwise been
371     promoted; or
372          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
373          (2) Except as provided in Subsection (4), a local education agency that employs an
374     individual who is a legislator:
375          (a) shall grant leave to the individual on an authorized legislative day for the number of
376     hours requested by the individual;
377          (b) may not interfere with, or otherwise restrain the individual from, using the leave
378     described in Subsection (2)(a); and
379          (c) may not take retaliatory action against the individual for using the leave described
380     in Subsection (2)(a).
381          (3) The leave described in Subsection (2) is leave without pay unless the local
382     education agency and the individual described in Subsection (2) agree to terms that are more
383     favorable to the individual.
384          (4) A local education agency is not required to comply with Subsection (2) if the local
385     school district board of the local education agency determines that complying with the
386     requirement would cause the local education agency significant difficulty or expense when
387     considered in relation to the size, financial resources, nature, or structure of the local education
388     agency's operations.
389          Section 7. Section 63A-17-513 is enacted to read:
390          63A-17-513. State employer required to provide leave to a legislator on an
391     authorized legislative day.
392          (1) As used in this section:
393          (a) "Authorized legislative day" means:
394          (i) the day on which the Legislature convenes in annual general session, and each day
395     after that day, until midnight of the 45th day of the annual general session;
396          (ii) a special session day;

397          (iii) a veto override session day;
398          (iv) an interim day designated by the Legislative Management Committee;
399          (v) an authorized legislative training day; or
400          (vi) any other day on which a meeting of a committee, subcommittee, commission, task
401     force, or other entity is held, if:
402          (A) the committee, subcommittee, commission, task force, or other entity is created by
403     statute or joint resolution;
404          (B) the legislator's attendance at the meeting is approved by the Legislative
405     Management Committee; and
406          (C) service and payment for service by the legislator is not in violation of the Utah
407     Constitution, including Article V and Article VI, Sections 6 and 7.
408          (b) "Authorized legislative training day" means a day that a Legislative Expenses
409     Oversight Committee designates as an authorized legislative day for training or informational
410     purposes, including:
411          (i) chair training;
412          (ii) an issue briefing;
413          (iii) legislative leadership instruction;
414          (iv) legislative process training;
415          (v) legislative rules training;
416          (vi) new legislator orientation; or
417          (vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
418     legislator's official duties.
419          (c) "Legislator" means:
420          (i) a member of the Utah Senate;
421          (ii) a member of the Utah House of Representatives; or
422          (iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
423     or (ii), but has not yet been sworn in or begun the individual's term of office.
424          (d) "Retaliatory action" means to:
425          (i) dismiss the employee;
426          (ii) reduce the employee's compensation;
427          (iii) fail to increase the employee's compensation by an amount that the employee is

428     otherwise entitled to or was promised;
429          (iv) fail to promote the employee if the employee would have otherwise been
430     promoted; or
431          (v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
432          (e) "State employer" means any employer in the state executive branch.
433          (2) A state employer who employs an individual who is a legislator:
434          (a) shall grant leave to the individual on an authorized legislative day for the number of
435     hours requested by the individual;
436          (b) may not interfere with, or otherwise restrain the individual from, using the leave
437     described in Subsection (2)(a); and
438          (c) may not take retaliatory action against the individual for using the leave described
439     in Subsection (2)(a).
440          (3) The leave described in Subsection (2) is leave without pay unless the state
441     employer and the individual described in Subsection (2) agree to terms that are more favorable
442     to the individual.
443          Section 8. Effective date.
444          This bill takes effect on May 1, 2024.