Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 350 Second Substitute (2016GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• creates the Citizens' Customer Satisfaction Program to covertly observe and evaluate the customer service provided by the Department of Alcoholic Beverage Control;
• establishes program responsibilities;
• establishes reporting requirements; and
• designates certain records as private records.

Every vote on this bill

Bill text

CITIZENS' CUSTOMER SATISFACTION PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Karen Mayne
LONG TITLE
General Description:
This bill creates the Citizens' Customer Satisfaction Program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the Citizens' Customer Satisfaction Program to covertly observe and
evaluate the customer service provided by the Department of Alcoholic Beverage
Control;
▸ establishes program responsibilities;
▸ establishes reporting requirements; and
▸ designates certain records as private records.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
63A-15-101
, Utah Code Annotated 1953
63A-15-102
, Utah Code Annotated 1953
63A-15-103
, Utah Code Annotated 1953
63A-15-104
, Utah Code Annotated 1953
63A-15-105
, Utah Code Annotated 1953
63A-15-106
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-15-101
 is enacted to read:
Part 1. Citizens' Customer Satisfaction Program
 63A-15-101.
Title.
This part is known as the "Citizens' Customer Satisfaction Program."
Section 2. Section 
63A-15-102
 is enacted to read:
 63A-15-102.
Definitions.
As used in this section:
(1) "Covert observation" or "covertly observe" means an act taken by the program to
directly observe and evaluate the service offered by a subject store without the knowledge of
the subject store.
(2) "Interaction" means an individual act under the program to covertly observe a
subject store in a manner authorized by this part.
(3) "Program" means the Citizens' Customer Satisfaction Program created under
Section 
63A-15-103
.
(4) "Subject department" means the Department of Alcoholic Beverage Control.
(5) "Subject store" means a store created under Title 32B, Chapter 2, Part 5, State
Store, by the Alcoholic Beverage Control Commission.
Section 3. Section 
63A-15-103
 is enacted to read:
 63A-15-103.
Creation.
(1) There is created within the department the Citizens' Customer Satisfaction
Program.
(2) The executive director may procure the services of a nonpublic entity in accordance
with Title 63G, Chapter 6a, Utah Procurement Code, to administer the program.
Section 4. Section 
63A-15-104
 is enacted to read:
 63A-15-104.
Program duties and responsibilities -- Data collection.
(1) The executive director shall ensure that the program, through covert observation,
evaluates each store's:
(a) quality of customer service;
(b) cleanliness;
(c) customer satisfaction;
(d) product availability; and
(e) compliance with laws controlling the sale of alcoholic beverages.
(2) Before January 1 of each year, the executive director shall consult with the director
of the subject department to:
(a) identify categories, including those described in Subsection (1), that are subject to
the program's assessment;
(b) establish performance measures for the categories identified under Subsection
(2)(a) that the program will measure, including a scoring system by which the program will
evaluate each subject store's performance in each category; and
(c) establish goals for all subject stores' customer service, using the performance
measures established under Subsection (2)(b).
(3) Before January 1 of each year, the executive director shall create a plan, based upon
the performance measures established under Subsection (2)(b), by which the program will
covertly observe and evaluate each subject store's performance.
(4) The program shall:
(a) collect detailed data on each interaction conducted under the program, including the
name of each subject store employee who is contacted during the interaction; and
(b) score the subject store according to the scoring system for each performance
measure established under Subsection (2)(b).
(5) (a) The executive director:
(i) shall ensure that the program covertly observes the customer service offered by each
subject store through an in-person interaction at least once per month; and
(ii) may also authorize the program to covertly observe the customer service offered by
a subject store through an interaction conducted by telephone or through electronic
communication.
(b) The executive director may authorize the program to covertly record an interaction.
(c) The executive director may not authorize the program to purposely covertly observe
or record a direct interaction between a subject store and another person unless the person is
associated with the program or the department.
(6) The executive director may pay a stipend to a person that:
(a) performs an interaction for the program; and
(b) is not otherwise associated with the program or the department.
Section 5. Section 
63A-15-105
 is enacted to read:
 63A-15-105.
Reporting and tracking results -- Online database.
(1) The executive director shall prepare a detailed report each month that contains:
(a) the performance measures and goals established under Subsection 
63A-15-104
(2)
for all subject stores;
(b) for each subject store:
(i) a compilation, analysis, and interpretation of the data collected and scores recorded
under Subsection 
63A-15-104
(4);
(ii) an assessment of how the subject store's performance relates to the performance
measures and goals established under Subsection 
63A-15-104
(2); and
(iii) a description of each interaction, including:
(A) the name of each of the subject store's employees who were contacted during the
interaction; and
(B) the scores recorded under Subsection 
63A-15-104
(4)(b) for the interaction;
(c) an explanation of any observed patterns of a subject store's or the subject
department's practices that do not appear to be in compliance with state law, rule, or policy or
with generally accepted customer service practices; and
(d) any recommended changes needed to bring a subject store or the subject department
into compliance with state law, rule, or policy or with generally accepted customer service
practices.
(2) The executive director shall, within 30 days after the day on which the executive
director prepares a report described in Subsection (1), send the report to the director of the
subject department.
(3) (a) The director of the subject department shall create a repository to store and track
the information that the director of the subject department receives under Subsection (2).
(b) The repository described in Subsection (3)(a) shall:
(i) be accessible to the public through the subject department's website;
(ii) for each subject store, display a running total of the subject store's average monthly,
annual, and all-time performance measure scores; and
(iii) contain each report received under Subsection (2) from the executive director, with
private, protected, or controlled information, as defined in Title 63G, Chapter 2, Government
Records Access and Management Act, redacted from the report.
Section 6. Section 
63A-15-106
 is enacted to read:
 63A-15-106.
Subject department responsibilities -- Incentives.
(1) (a) Upon receipt of a report described in Subsection 
63A-15-105
(2), the director of
the subject department shall:
(i) identify each employee described in Subsection 
63A-15-105
(1)(b)(iii)(A); and
(ii) place a copy of the portions of the report that pertain to the employee in the
employee's personnel file.
(b) An employee may grieve the content of a report placed in the employee's personnel
file under Subsection (1)(a)(ii) by following the grievance procedures described in Title 67,
Chapter 19a, Grievance Procedures.
(2) (a) The director of the subject department may establish a pecuniary incentive to
award to a subject store employee:
(i) who takes part in an interaction under the program; and
(ii) whose performance, as measured under the program, meets or exceeds the goals
established under Subsection 
63A-15-104
(2)(c) for the entity.
(b) If the director of the subject department establishes a pecuniary incentive under
Subsection (2)(a), the director of the subject department shall distribute, in writing, to each
employee eligible to receive the incentive:
(i) a description of the incentive; and
(ii) a description of requirements that an employee must meet to receive the incentive.
(c) When the director of the subject department awards a pecuniary incentive to a
subject store's employee, the director of the subject department shall distribute, in writing, to
each of the subject department's employees who is eligible for the incentive:
(i) the name of each employee who was awarded the incentive;
(ii) a description of how the employee described in Subsection (2)(c)(i) met the
requirements established under Subsection (2)(b)(ii); and
(iii) a description of the incentive the individual was awarded.
Legislative Review Note
Office of Legislative Research and General Counsel