Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 313 Second Substitute (2021GS)

Sponsor

Rep. Winder, M.

Final action

Governor Signed 3/16/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• changes the name of the Department of Heritage and Arts to the Department of Cultural and Community Engagement (the department);
• modifies the powers and duties of the department;
• changes the name of a foundation and a fund within the department to reflect the new name of the department; and
• makes technical changes.

Every vote on this bill

Bill text

HERITAGE AND ARTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Winder
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill changes the name of the Department of Heritage and Arts.
Highlighted Provisions:
This bill:
▸ changes the name of the Department of Heritage and Arts to the Department of
Cultural and Community Engagement (the department);
▸ modifies the powers and duties of the department;
▸ changes the name of a foundation and a fund within the department to reflect the
new name of the department; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
9-1-101
, as enacted by Laws of Utah 2020, Chapter 419
9-1-102
, as last amended by Laws of Utah 2017, Chapter 48
9-1-201
, as last amended by Laws of Utah 2020, Chapter 318
9-1-209
, as enacted by Laws of Utah 2020, Chapter 318
9-9-104.6
, as last amended by Laws of Utah 2020, Chapters 236 and 365
9-20-201
, as renumbered and amended by Laws of Utah 2019, Chapter 221
9-20-207
, as renumbered and amended by Laws of Utah 2019, Chapter 221
19-3-301
, as last amended by Laws of Utah 2018, Chapter 281
19-3-320
, as last amended by Laws of Utah 2020, Chapter 365
53-2a-802
, as last amended by Laws of Utah 2020, Chapter 365
53B-18-1002
, as last amended by Laws of Utah 2012, Chapter 212
63I-5-201
, as last amended by Laws of Utah 2020, Chapter 365
63J-1-219
, as last amended by Laws of Utah 2020, Chapter 365
63J-4-502
, as last amended by Laws of Utah 2015, Chapter 451
63N-15-103
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
67-19-6.7
, as last amended by Laws of Utah 2018, Chapter 39
67-19c-101
, as last amended by Laws of Utah 2020, Chapter 365
67-22-2
, as last amended by Laws of Utah 2018, Chapter 39
72-4-302
, as last amended by Laws of Utah 2019, Chapter 246
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-1-101
 is amended to read:
TITLE 9. CULTURAL AND COMMUNITY ENGAGEMENT
CHAPTER 1. GENERAL POLICIES AND ADMINISTRATION OF THE
DEPARTMENT OF CULTURAL AND COMMUNITY ENGAGEMENT
9-1-101.
Title.
(1) This title is known as [
"Heritage, Arts, Libraries, and Cultural Development."
]
"Cultural and Community Engagement."
(2) This chapter is known as "General Policies and Administration of the [
Department
of Heritage and Arts."
] 
Department of Cultural and Community Engagement."
Section 2. Section 
9-1-102
 is amended to read:
9-1-102.
Definitions.
As used in this title:
(1) "Department" means the Department of [
Heritage and Arts
] 
Cultural and
Community Engagement
.
(2) "Executive director" means the executive director of the Department of [
Heritage
and Arts
] 
Cultural and Community Engagement
.
(3) (a) "Pass-through funding" means funding from an appropriation by the Legislature
to a state agency that is intended to be passed through the state agency to:
(i) a government or local government entity;
(ii) a private entity, including a not-for-profit entity; or
(iii) a person in the form of a loan or a grant.
(b) The funding may come from general funds, federal funds, dedicated credits, or a
combination of funding sources.
(4) "STEM" means science, technology, engineering, and mathematics.
Section 3. Section 
9-1-201
 is amended to read:
Part 2. Department of Cultural and Community Engagement
9-1-201.
Department of Cultural and Community Engagement -- Creation --
Powers and duties.
(1) There is created the Department of [
Heritage and Arts
] 
Cultural and Community
Engagement
.
[
(2) The department shall:
]
[
(a) be responsible for preserving and promoting the heritage of the state, the arts in the
state, and cultural development within the state;
]
[
(b) perform heritage, arts, and cultural development planning for the state;
]
[
(c) coordinate the program plans of the various divisions within the department;
]
[
(d) administer and coordinate all state or federal grant programs which are, or become,
available for heritage, arts, and cultural development;
]
(2) The department is responsible for:
(a) planning, promoting, and supporting cultural and community engagement in the
state, including programs and activities related to:
(i) libraries;
(ii) history;
(iii) the arts;
(iv) STEM engagement;
(v) museums;
(vi) cultural development;
(vii) cultural organizations;
(viii) multicultural organizations and communities;
(ix) service and volunteerism; and
(x) the coordination of relationships with tribal nations;
(b) overseeing and coordinating the program plans of the divisions within the
department;
(c) administering and coordinating state and federal grant programs related to the
programs and activities described in Subsection (2)(a);
[
(e)
] 
(d)
 [
administer
] 
administering
 any other programs over which the department is
given administrative supervision by the governor;
[
(f)
] 
(e)
 [
submit
] 
submitting
 an annual written report to the governor and the
Legislature as described in Section 
9-1-208
;
[
(g)
] 
(f)
 [
ensure
] 
ensuring
 that any training or certification required of a public official
or public employee, as those terms are defined in Section 
63G-22-102
, complies with Title
63G, Chapter 22, State Training and Certification Requirements, if the training or certification
is required:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department; and
[
(h)
] 
(g)
 [
perform
] 
performing
 any other duties as provided by the Legislature.
(3) The department may:
(a) solicit and accept contributions of money, services, and facilities from any other
sources, public or private, but may not use those contributions for publicizing the exclusive
interest of the donor; and
(b) establish a nonprofit foundation called the [
Heritage and Arts
] 
Cultural and
Community Engagement
 Foundation under the control and direction of the executive director
to assist in the development and implementation of the programs and objectives described in
this title.
(4) Money received under Subsection (3)(a) shall be deposited into the General Fund as
dedicated credits.
(5) A foundation established by the department under Subsection (3)(b):
(a) may receive contributions of money, services, and facilities from legislative
appropriations, government grants, and private sources for the development and
implementation of the programs and objectives described in this title;
(b) shall comply with the requirements described in Section 
9-1-209
; and
(c) shall provide information detailing all transactions and balances associated with the
foundation to the department, which shall be summarized by the department and included in
the department's annual report described in Section 
9-1-208
.
(6) (a) For a pass-through funding grant of $50,000 or less, the department shall make
an annual disbursement to the pass-through funding grant recipient.
(b) For a pass-through funding grant of more than $50,000, the department shall make
a semiannual disbursement to the pass-through funding grant recipient, contingent upon the
department receiving a semiannual progress report from the pass-through funding grant
recipient.
(c) The department shall:
(i) provide the pass-through funding grant recipient with a progress report form for the
reporting purposes described in Subsection (6)(b); and
(ii) include reporting requirement instructions with the form.
Section 4. Section 
9-1-209
 is amended to read:
9-1-209.
Cultural and Community Engagement Foundation Fund.
(1) As used in this section, "fund" means the [
Heritage and Arts
] 
Cultural and
Community Engagement
 Foundation Fund created in this section.
(2) There is created an expendable special revenue fund known as the "[
Heritage and
Arts
] 
Cultural and Community Engagement
 Foundation Fund."
(3) The executive director shall administer the fund.
(4) Money may be deposited into the fund from a variety of sources, including
transfers, grants, private foundations, individual donors, gifts, bequests, legislative
appropriations, and money made available from any other source.
(5) Money collected by the [
Heritage and Arts
] 
Cultural and Community Engagement
Foundation described in Subsections [
9-22-104
] 
9-1-201
(3)(b) and (5) shall be deposited into
the fund.
(6) Any portion of the fund may be treated as an endowment fund such that the
principal of that portion of the fund is held in perpetuity on behalf of the department.
(7) The state treasurer shall invest the money in the fund according to the procedures
and requirements of Title 51, Chapter 7, State Money Management Act, except that all interest
or other earnings derived from those investments shall be deposited into the fund.
(8) The executive director may expend money from the fund for any of the purposes
described in this title.
Section 5. Section 
9-9-104.6
 is amended to read:
9-9-104.6.
Participation of state agencies in meetings with tribal leaders --
Contact information.
(1) For at least three of the joint meetings described in Subsection 
9-9-104.5
(2)(a), the
division shall coordinate with representatives of tribal governments and the entities listed in
Subsection (2) to provide for the broadest participation possible in the joint meetings.
(2) The following may participate in all meetings described in Subsection (1):
(a) the chairs of the Native American Legislative Liaison Committee created in Section
36-22-1
;
(b) the governor or the governor's designee;
(c) the American Indian-Alaska Native Health Liaison appointed in accordance with
Section 
26-7-2.5
;
(d) the American Indian-Alaska Native Public Education Liaison appointed in
accordance with Section 
53F-5-604
; and
(e) a representative appointed by the chief administrative officer of the following:
(i) the Department of Human Services;
(ii) the Department of Natural Resources;
(iii) the Department of Workforce Services;
(iv) the Governor's Office of Economic Development;
(v) the State Board of Education; and
(vi) the Utah Board of Higher Education.
(3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
(i) designate the name of a contact person for that agency that can assist in coordinating
the efforts of state and tribal governments in meeting the needs of the Native Americans
residing in the state; and
(ii) notify the division:
(A) who is the designated contact person described in Subsection (3)(a)(i); and
(B) of any change in who is the designated contact person described in Subsection
(3)(a)(i).
(b) This Subsection (3) applies to:
(i) the Department of Agriculture and Food;
(ii) the Department of [
Heritage and Arts
] 
Cultural and Community Engagement
;
(iii) the Department of Corrections;
(iv) the Department of Environmental Quality;
(v) the Department of Public Safety;
(vi) the Department of Transportation;
(vii) the Office of the Attorney General;
(viii) the State Tax Commission; and
(ix) any agency described in Subsections (2)(c) through (e).
(c) At the request of the division, a contact person listed in Subsection (3)(b) may
participate in a meeting described in Subsection (1).
(4) (a) A participant under this section who is not a legislator may not receive
compensation or benefits for the participant's service, but may receive per diem and travel
expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(b) Compensation and expenses of a participant who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Section 6. Section 
9-20-201
 is amended to read:
9-20-201.
Creation -- Members -- Appointment -- Terms -- Vacancies -- Per diem
and expenses.
(1) There is created the Utah Commission on Service and Volunteerism consisting of
19 voting members and one nonvoting member.
(2) The 19 voting members of the commission are:
(a) the lieutenant governor;
(b) the commissioner of higher education or the commissioner's designee;
(c) the state superintendent of public instruction or the superintendent's designee;
(d) the executive director of the Department of [
Heritage and Arts
] 
Cultural and
Community Engagement
 or the executive director's designee;
(e) nine members appointed by the governor as follows:
(i) an individual with expertise in the educational, training, and developmental needs of
youth, particularly disadvantaged youth;
(ii) an individual with experience in promoting the involvement of older adults in
volunteer service;
(iii) a representative of a community-based agency or organization within the state;
(iv) a representative of local government;
(v) a representative of a local labor organization in the state;
(vi) a representative of business;
(vii) an individual between the ages of 16 and 25 who participates in a volunteer or
service program;
(viii) a representative of a national service program; and
(ix) a representative of the volunteer sector; and
(f) six members appointed by the governor from among the following groups:
(i) local educators;
(ii) experts in the delivery of human, educational, cultural, environmental, or public
safety services to communities and individuals;
(iii) representatives of Native American tribes;
(iv) representatives of organizations that assist out-of-school youth or other at-risk
youth; or
(v) representatives of entities that receive assistance under the Domestic Volunteer
Service Act of 1973, 42 U.S.C. 4950 et seq.
(3) The nonvoting member of the commission is the state representative of the
corporation.
(4) (a) In appointing persons to serve on the commission, the governor shall ensure
that:
(i) no more than 10 voting members of the commission are members of the same
political party; and
(ii) no more than five voting members of the commission are state government
employees.
(b) In appointing persons to serve on the commission, the governor shall strive for
balance on the commission according to race, ethnicity, age, gender, and disability
characteristics.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission
members expire, the governor shall appoint each new member or reappointed member to a
three-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately one-third of the commission is
appointed every year.
(6) When a vacancy occurs in the membership, the replacement shall be appointed for
the unexpired term.
(7) A member appointed by the governor may not serve more than two consecutive
terms.
(8) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 7. Section 
9-20-207
 is amended to read:
9-20-207.
Rulemaking.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
provisions of this chapter, the Department of [
Heritage and Arts
] 
Cultural and Community
Engagement
 may make rules to:
(1) implement this chapter; and
(2) ensure the commission complies with the act and related federal requirements.
Section 8. Section 
19-3-301
 is amended to read:
19-3-301.
Restrictions on nuclear waste placement in state.
(1) The placement, including transfer, storage, decay in storage, treatment, or disposal,
within the exterior boundaries of Utah of high-level nuclear waste or greater than class C
radioactive waste is prohibited.
(2) Notwithstanding Subsection (1) the governor, after consultation with the county
executive and county legislative body of the affected county and with concurrence of the
Legislature, may specifically approve the placement as provided in this part, but only if:
(a) (i) the federal Nuclear Regulatory Commission issues a license, pursuant to the
Nuclear Waste Policy Act, 42 U.S.C.A. 10101 et seq., or the Atomic Energy Act, 42 U.S.C.A.
2011 et seq., for the placement within the exterior boundaries of Utah of high-level nuclear
waste or greater than class C radioactive waste; and
(ii) the authority of the federal Nuclear Regulatory Commission to grant a license
under Subsection (2)(a)(i) is clearly upheld by a final judgment of a court of competent
jurisdiction; or
(b) an agency of the federal government is transporting the waste, and all state and
federal requirements to proceed with the transportation have been met.
(3) The requirement for the approval of a final court of competent jurisdiction shall be
met in all of the following categories, in order for a state license proceeding regarding waste to
begin:
(a) transfer or transportation, by rail, truck, or other mechanisms;
(b) storage, including any temporary storage at a site away from the generating reactor;
(c) decay in storage;
(d) treatment; and
(e) disposal.
(4) (a) Upon satisfaction of the requirements of Subsection (2)(a), for each category
listed in Subsection (3), or satisfaction of the requirements under Subsection (2)(b), the
governor, with the concurrence of the attorney general, shall certify in writing to the executive
director of the Department of Environmental Quality that all of the requirements have been
met, and that any necessary state licensing processes may begin.
(b) Separate certification under this Subsection (4) shall be given for each category in
Subsection (3).
(5) (a) The department shall make, by rule, a determination of the dollar amount of the
health and economic costs expected to result from a reasonably foreseeable accidental release
of waste involving a transfer facility or storage facility, or during transportation of waste,
within the exterior boundaries of the state. The department may initiate rulemaking under this
Subsection (5)(a) on or after March 15, 2001.
(b) (i) The department shall also determine the dollar amount currently available to
cover the costs as determined in Subsection (5)(a):
(A) under nuclear industry self-insurance;
(B) under federal insurance requirements; and
(C) in federal money.
(ii) The department may not include any calculations of federal money that may be
appropriated in the future in determining the amount under Subsection (5)(b)(i).
(c) The department shall use the information compiled under Subsections (5)(a) and (b)
to determine the amount of unfunded potential liability in the event of a release of waste from a
storage or transfer facility, or a release during the transportation of waste.
(6) (a) State agencies may not, for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility, or to any organization engaged
in the transportation of waste, enter into any contracts or any other agreements prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met for the purposes of a license application
proceeding for a storage facility or transfer facility.
(b) Political subdivisions of the state may not enter into any contracts or any other
agreements for the purpose of providing any goods, services, or municipal-type services to a
storage facility or transfer facility, or to any organization engaged in the transportation of
waste.
(c) This Subsection (6) does not prohibit a state agency from exercising the regulatory
authority granted to it by law.
(7) (a) Notwithstanding any other provision of law, any political subdivision may not
be formed pursuant to the laws of Utah for the purpose of providing any goods, services, or
municipal-type services to a storage facility or transfer facility prior to the satisfaction of the
conditions in Subsection (4). These political subdivisions include:
(i) a cooperative;
(ii) a local district authorized by Title 17B, Limited Purpose Local Government
Entities - Local Districts;
(iii) a special service district under Title 17D, Chapter 1, Special Service District Act;
(iv) a limited purpose local governmental entity authorized by Title 17, Counties;
(v) any joint power agreement authorized by Title 11, Cities, Counties, and Local
Taxing Units; and
(vi) the formation of a municipality, or any authority of a municipality authorized by
Title 10, Utah Municipal Code.
(b) (i) Subsection (7)(a) shall be strictly interpreted. Any political subdivision
authorized and formed under the laws of the state on or after March 15, 2001, which
subsequently contracts to, or in any manner agrees to provide, or does provide goods, services,
or municipal-type services to a storage facility or transfer facility is formed in violation of
Subsection (7)(a).
(ii) If the conditions of Subsection (7)(b)(i) apply, the persons who formed the political
subdivision are considered to have knowingly violated a provision of this part, and the
penalties of Section 
19-3-312
 apply.
(8) (a) An organization may not be formed for the purpose of providing any goods,
services, or municipal-type services to a storage facility or transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met.
(b) A foreign organization may not be registered to do business in the state for the
purpose of providing any goods, services, or municipal-type services to a storage facility or
transfer facility prior to:
(i) the satisfaction of the conditions in Subsection (4); and
(ii) the executive director of the department having certified that the requirements of
Sections 
19-3-304
 through 
19-3-308
 have been met.
(c) The prohibitions of Subsections (8)(a) and (b) shall be strictly applied, and:
(i) the formation of a new organization or registration of a foreign organization within
the state, any of whose purposes are to provide goods, services, or municipal-type services to a
storage facility or transfer facility may not be licensed or registered in the state, and the local or
foreign organization is void and does not have authority to operate within the state;
(ii) any organization which is formed or registered on or after March 15, 2001, and
which subsequently contracts to, or in any manner agrees to provide, or does provide goods,
services, or municipal-type services to a storage facility or transfer facility has been formed or
registered in violation of Subsection (8)(a) or (b) respectively; and
(iii) if the conditions of Subsection (8)(c)(ii) apply, the persons who formed the
organization or the principals of the foreign organization, are considered to have knowingly
violated a provision of this part, and are subject to the penalties in Section 
19-3-312
.
(9) (a) (i) Any contract or agreement to provide any goods, services, or municipal-type
services to any organization engaging in, or attempting to engage in the placement of high-level
nuclear waste or greater than class C radioactive waste at a storage facility or transfer facility
within the state are declared to be against the greater public interest, health, and welfare of the
state, by promoting an activity which has the great potential to cause extreme public harm.
(ii) These contracts or agreements under Subsection (9)(a)(i), whether formal or
informal, are declared to be void from inception, agreement, or execution as against public
policy.
(b) (i) Any contract or other agreement to provide goods, services, or municipal-type
services to storage or transfer facilities may not be executed within the state.
(ii) Any contract or other agreement, existing or executed on or after March 15, 2001,
is considered void from the time of agreement or execution.
(10) (a) All contracts and agreements under Subsection (10)(b) are assessed an annual
transaction fee of 75% of the gross value of the contract to the party providing the goods,
services, or municipal-type services to the storage facility or transfer facility or transportation
entity. The fee shall be assessed per calendar year, and is payable on a prorated basis on or
before the last day of each month in accordance with rules established under Subsection
(10)(d), and as follows:
(i) 25% of the gross value of the contract to the department; and
(ii) 50% of the gross value of the contract to the Department of [
Heritage and Arts
]
Cultural and Community Engagement
, to be used by the Utah Division of Indian Affairs as
provided in Subsection (11).
(b) Contracts and agreements subject to the fee under Subsection (10)(a) are those
contracts and agreements to provide goods, services, or municipal-type services to a storage or
transfer facility, or to any organization engaged in the transportation of high-level nuclear
waste or greater than class C radioactive waste to a transfer facility or storage facility, and
which:
(i) are in existence on March 15, 2001; or
(ii) become effective notwithstanding Subsection (9)(a).
(c) Any governmental agency which regulates the charges to consumers for services
provided by utilities or other organizations shall require the regulated utility or organization to
include the fees under Subsection (10)(a) in the rates charged to the purchaser of the goods,
services, or municipal-type services affected by Subsection (10)(b).
(d) (i) The department, in consultation with the State Tax Commission, shall establish
rules for the valuation of the contracts and assessment and collection of the fees, and other
rules as necessary to determine the amount of and collection of the fee under Subsection
(10)(a). The department may initiate rulemaking under this Subsection (10)(d)(i) on or after
March 15, 2001.
(ii) Persons and organizations holding contracts affected by Subsection (10)(b) shall
make a good faith estimate of the fee under Subsection (10)(a) for calendar year 2001, and
remit that amount to the department on or before July 31, 2001.
(11) (a) The portion of the fees imposed under Subsection (10) which is to be paid to
the Department of [
Heritage and Arts
] 
Cultural and Community Engagement
 for use by the
Utah Division of Indian Affairs shall be used for establishment of a statewide community and
economic development program for the tribes of Native American people within the exterior
boundaries of the state who have by tribal procedure established a position rejecting siting of
any nuclear waste facility on their reservation lands.
(b) The program under Subsection (11)(a) shall include:
(i) educational services and facilities;
(ii) health care services and facilities;
(iii) programs of economic development;
(iv) utilities;
(v) sewer;
(vi) street lighting;
(vii) roads and other infrastructure; and
(viii) oversight and staff support for the program.
(12) It is the intent of the Legislature that this part does not prohibit or interfere with a
person's exercise of the rights under the First Amendment to the Constitution of the United
States or under Utah Constitution Article I, Sec. 15, by an organization attempting to site a
storage facility or transfer facility within the borders of the state for the placement of high-level
nuclear waste or greater than class C radioactive waste.
Section 9. Section 
19-3-320
 is amended to read:
19-3-320.
Efforts to prevent siting of any nuclear waste facility to include
economic development study regarding Native American reservation lands within the
state.
(1) It is the intent of the Legislature that the department, in its efforts to prevent the
siting of a nuclear waste facility within the exterior borders of the state, include in its work the
study under Subsection (2) and the report under Subsection (3).
(2) It is the intent of the Legislature that the Department of Environmental Quality, in
coordination with the office of the governor, and in cooperation with the Departments of
[
Heritage and Arts
] 
Cultural and Community Engagement
, Human Services, Health,
Workforce Services, Agriculture and Food, Natural Resources, and Transportation, the State
Board of Education, and the Utah Board of Higher Education:
(a) study the needs and requirements for economic development on the Native
American reservations within the state; and
(b) prepare, on or before November 30, 2001, a long-term strategic plan for economic
development on the reservations.
(3) It is the intent of the Legislature that this plan, prepared under Subsection (2)(b),
shall be distributed to the governor and the members of the Legislature on or before December
31, 2001.
Section 10. Section 
53-2a-802
 is amended to read:
53-2a-802.
Definitions.
(1) (a) "Absent" means:
(i) not physically present or not able to be communicated with for 48 hours; or
(ii) for local government officers, as defined by local ordinances.
(b) "Absent" does not include a person who can be communicated with via telephone,
radio, or telecommunications.
(2) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of
Commerce, the Department of [
Heritage and Arts
] 
Cultural and Community Engagement
, the
Department of Corrections, the Department of Environmental Quality, the Department of
Financial Institutions, the Department of Health, the Department of Human Resource
Management, the Department of Workforce Services, the Labor Commission, the National
Guard, the Department of Insurance, the Department of Natural Resources, the Department of
Public Safety, the Public Service Commission, the Department of Human Services, the State
Tax Commission, the Department of Technology Services, the Department of Transportation,
any other major administrative subdivisions of state government, the State Board of Education,
the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement
Board, and each institution of higher education within the system of higher education.
(3) "Division" means the Division of Emergency Management established in Title 53,
Chapter 2a, Part 1, Emergency Management Act.
(4) "Emergency interim successor" means a person designated by this part to exercise
the powers and discharge the duties of an office when the person legally exercising the powers
and duties of the office is unavailable.
(5) "Executive director" means the person with ultimate responsibility for managing
and overseeing the operations of each department, however denominated.
(6) (a) "Office" includes all state and local offices, the powers and duties of which are
defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
(b) "Office" does not include the office of governor or the legislative or judicial offices.
(7) "Place of governance" means the physical location where the powers of an office
are being exercised.
(8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
authorities, and other public corporations and entities whether organized and existing under
charter or general law.
(9) "Political subdivision officer" means a person holding an office in a political
subdivision.
(10) "State officer" means the attorney general, the state treasurer, the state auditor, and
the executive director of each department.
(11) "Unavailable" means:
(a) absent from the place of governance during a disaster that seriously disrupts normal
governmental operations, whether or not that absence or inability would give rise to a vacancy
under existing constitutional or statutory provisions; or
(b) as otherwise defined by local ordinance.
Section 11. Section 
53B-18-1002
 is amended to read:
53B-18-1002.
Establishment of the center -- Purpose -- Duties and
responsibilities.
(1) There is established the Mormon Pioneer Heritage Center in connection with Utah
State University.
(2) The purpose of the center is to coordinate interdepartmental research and extension
efforts in recreation, heritage tourism, and agricultural extension service and to enter into
cooperative contracts with the United States Departments of Agriculture and the Interior, state,
county, and city officers, public and private organizations, and individuals to enhance Mormon
pioneer heritage.
(3) The center has the following duties and responsibilities:
(a) to support United States Congressional findings that the landscape, architecture,
traditions, products, and events in the counties convey the heritage of pioneer settlements and
their role in agricultural development;
(b) to coordinate with extension agents in the counties to assist in the enhancement of
heritage businesses and the creation of heritage products;
(c) to foster a close working relationship with all levels of government, the private
sector, residents, business interests, and local communities;
(d) to support United States Congressional findings that the historical, cultural, and
natural heritage legacies of Mormon colonization and settlement are nationally significant;
(e) to encourage research and studies relative to the variety of heritage resources along
the 250-mile Highway 89 corridor from Fairview to Kanab, Utah, and Highways 12 and 24, the
All American Road, to the extent those resources demonstrate:
(i) the colonization of the western United States; and
(ii) the expansion of the United States as a major world power;
(f) to demonstrate that the great relocation to the western United States was facilitated
by:
(i) the 1,400 mile trek from Illinois to the Great Salt Lake by the Mormon Pioneers;
and
(ii) the subsequent colonization effort in Nevada, Utah, the southeast corner of Idaho,
the southwest corner of Wyoming, large areas of southeastern Oregon, much of southern
California, and areas along the eastern border of California; and
(g) to assist in interpretive efforts that demonstrate how the Boulder Loop, Capitol
Reef National Park, Zion National Park, Bryce Canyon National Park, and the Highway 89 area
convey the compelling story of how early settlers:
(i) interacted with Native Americans; and
(ii) established towns and cities in a harsh, yet spectacular, natural environment.
(4) The center, in collaboration with the United States Department of the Interior, the
National Park Service, the United States Department of Agriculture, the United States Forest
Service, the [
Utah
] Department of [
Heritage and Arts
] 
Cultural and Community Engagement
,
the Utah Division of State History, and the alliance and its intergovernmental local partners,
shall:
(a) assist in empowering communities in the counties to conserve, preserve, and
enhance the heritage of the communities while strengthening future economic opportunities;
(b) help conserve, interpret, and develop the historical, cultural, natural, and
recreational resources within the counties; and
(c) expand, foster, and develop heritage businesses and products relating to the cultural
heritage of the counties.
(5) The center, in collaboration with the United States Department of the Interior, the
National Park Service, and with funding from the alliance, shall develop a heritage
management plan.
Section 12. Section 
63I-5-201
 is amended to read:
63I-5-201.
Internal auditing programs -- State agencies.
(1) (a) The departments of Administrative Services, Agriculture, Commerce, [
Heritage
and Arts
] 
Cultural and Community Engagement
, Corrections, Workforce Services,
Environmental Quality, Health, Human Services, Natural Resources, Public Safety, and
Transportation, and the State Tax Commission shall conduct various types of auditing
procedures as determined by the agency head or governor.
(b) The governor may, by executive order, require a state agency not described in
Subsection (1)(a) to establish an internal audit program.
(c) The governor shall ensure that each state agency that reports to the governor has
adequate internal audit coverage.
(2) (a) The Administrative Office of the Courts shall establish an internal audit
program under the direction of the Judicial Council, including auditing procedures for courts
not of record.
(b) The Judicial Council may, by rule, require other judicial agencies to establish an
internal audit program.
(3) (a) Dixie State University, the University of Utah, Utah State University, Salt Lake
Community College, Southern Utah University, Utah Valley University, Weber State
University, and Snow College shall establish an internal audit program under the direction of
the Utah Board of Higher Education.
(b) The Utah Board of Higher Education may issue policies requiring other higher
education entities or programs to establish an internal audit program.
(4) The State Board of Education shall establish an internal audit program that provides
internal audit services for each program administered by the State Board of Education.
(5) Subject to Section 
32B-2-302.5
, the internal audit division of the Department of
Alcoholic Beverage Control shall establish an internal audit program under the direction of the
Alcoholic Beverage Control Commission.
Section 13. Section 
63J-1-219
 is amended to read:
63J-1-219.
Definitions -- Federal receipts reporting requirements.
(1) As used in this section:
(a) (i) "Designated state agency" means the Department of Administrative Services, the
Department of Agriculture and Food, the Department of Alcoholic Beverage Control, the
Department of Commerce, the Department of [
Heritage and Arts
] 
Cultural and Community
Engagement
, the Department of Corrections, the Department of Environmental Quality, the
Department of Financial Institutions, the Department of Health, the Department of Human
Resource Management, the Department of Human Services, the Department of Insurance, the
Department of Natural Resources, the Department of Public Safety, the Department of
Technology Services, the Department of Transportation, the Department of Veterans and
Military Affairs, the Department of Workforce Services, the Labor Commission, the Office of
Economic Development, the Public Service Commission, the Utah Board of Higher Education,
the State Board of Education, the State Tax Commission, or the Utah National Guard.
(ii) "Designated state agency" does not include the judicial branch, the legislative
branch, or an office or other entity within the judicial branch or the legislative branch.
(b) "Federal receipts" means the federal financial assistance, as defined in 31 U.S.C.
Sec. 7501, that is reported as part of a single audit.
(c) "Single audit" is as defined in 31 U.S.C. Sec. 7501.
(2) Subject to Subsections (3) and (4), a designated state agency shall each year, on or
before October 31, prepare a report that:
(a) reports the aggregate value of federal receipts the designated state agency received
for the preceding fiscal year;
(b) reports the aggregate amount of federal funds appropriated by the Legislature to the
designated state agency for the preceding fiscal year;
(c) calculates the percentage of the designated state agency's total budget for the
preceding fiscal year that constitutes federal receipts that the designated state agency received
for that fiscal year; and
(d) develops plans for operating the designated state agency if there is a reduction of:
(i) 5% or more in the federal receipts that the designated state agency receives; and
(ii) 25% or more in the federal receipts that the designated state agency receives.
(3) (a) The report required by Subsection (2) that the Utah Board of Higher Education
prepares shall include the information required by Subsections (2)(a) through (c) for each state
institution of higher education listed in Section 
53B-2-101
.
(b) The report required by Subsection (2) that the State Board of Education prepares
shall include the information required by Subsections (2)(a) through (c) for each school district
and each charter school within the public education system.
(4) A designated state agency that prepares a report in accordance with Subsection (2)
shall submit the report to the Division of Finance on or before November 1 of each year.
(5) (a) The Division of Finance shall, on or before November 30 of each year, prepare a
report that:
(i) compiles and summarizes the reports the Division of Finance receives in accordance
with Subsection (4); and
(ii) compares the aggregate value of federal receipts each designated state agency
received for the previous fiscal year to the aggregate amount of federal funds appropriated by
the Legislature to that designated state agency for that fiscal year.
(b) The Division of Finance shall, as part of the report required by Subsection (5)(a),
compile a list of designated state agencies that do not submit a report as required by this
section.
(6) The Division of Finance shall submit the report required by Subsection (5) to the
Executive Appropriations Committee on or before December 1 of each year.
(7) Upon receipt of the report required by Subsection (5), the chairs of the Executive
Appropriations Committee shall place the report on the agenda for review and consideration at
the next Executive Appropriations Committee meeting.
(8) When considering the report required by Subsection (5), the Executive
Appropriations Committee may elect to:
(a) recommend that the Legislature reduce or eliminate appropriations for a designated
state agency;
(b) take no action; or
(c) take another action that a majority of the committee approves.
Section 14. Section 
63J-4-502
 is amended to read:
63J-4-502.
Membership -- Terms -- Chair -- Expenses.
(1) The Resource Development Coordinating Committee shall consist of the following
24 members:
(a) the state science advisor;
(b) a representative from the Department of Agriculture and Food appointed by the
executive director;
(c) a representative from the Department of [
Heritage and Arts
] 
Cultural and
Community Engagement
 appointed by the executive director;
(d) a representative from the Department of Environmental Quality appointed by the
executive director;
(e) a representative from the Department of Natural Resources appointed by the
executive director;
(f) a representative from the Department of Transportation appointed by the executive
director;
(g) a representative from the Governor's Office of Economic Development appointed
by the director;
(h) a representative from the Housing and Community Development Division
appointed by the director;
(i) a representative from the Division of State History appointed by the director;
(j) a representative from the Division of Air Quality appointed by the director;
(k) a representative from the Division of Drinking Water appointed by the director;
(l) a representative from the Division of Environmental Response and Remediation
appointed by the director;
(m) a representative from the Division of Waste Management and Radiation Control
appointed by the director;
(n) a representative from the Division of Water Quality appointed by the director;
(o) a representative from the Division of Oil, Gas, and Mining appointed by the
director;
(p) a representative from the Division of Parks and Recreation appointed by the
director;
(q) a representative from the Division of Forestry, Fire, and State Lands appointed by
the director;
(r) a representative from the Utah Geological Survey appointed by the director;
(s) a representative from the Division of Water Resources appointed by the director;
(t) a representative from the Division of Water Rights appointed by the director;
(u) a representative from the Division of Wildlife Resources appointed by the director;
(v) a representative from the School and Institutional Trust Lands Administration
appointed by the director;
(w) a representative from the Division of Facilities Construction and Management
appointed by the director; and
(x) a representative from the Division of Emergency Management appointed by the
director.
(2) (a) As particular issues require, the committee may, by majority vote of the
members present, and with the concurrence of the state planning coordinator, appoint
additional temporary members to serve as ex officio voting members.
(b) Those ex officio members may discuss and vote on the issue or issues for which
they were appointed.
(3) A chair shall be selected by a majority vote of committee members with the
concurrence of the state planning coordinator.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 15. Section 
63N-15-103
 is amended to read:
63N-15-103.
Reporting and use of appropriations.
(1) The office shall include in the office's 2020 and 2021 annual reports to the governor
and the Legislature under Section 
63N-1-301
 the following information about each of the grant
programs established under this chapter:
(a) the number of applications submitted under the grant program;
(b) the number of grants awarded under the grant program;
(c) the aggregate amount of grant funds awarded under the grant program; and
(d) any other information the office considers relevant to evaluating the success of the
grant program.
(2) After providing notice to members of the legislative committee, the executive
director, in cooperation with the director of the Division of Finance, may move funds among
the following programs to make efficient and full use of CARES Act funding:
(a) the COVID-19 Commercial Rental and Mortgage Assistance Program described in
Chapter 14, COVID-19 Commercial Rental and Mortgage Assistance Program;
(b) any of the programs described in this chapter;
(c) after consultation with the commissioner of the Department of Agriculture and
Food, the COVID-19 Agricultural Operations Grant Program described in Section 
4-18-106.1
;
(d) after consultation with the executive director of the Department of [
Heritage and
Arts
] 
Cultural and Community Engagement
, the COVID-19 Cultural Assistance Grant Program
described in Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program; and
(e) after consultation with the executive director of the Department of Workforce
Services, COVID-19 Residential Housing Assistance described in Title 35A, Chapter 8, Part
23, COVID-19 Residential Housing Assistance.
Section 16. Section 
67-19-6.7
 is amended to read:
67-19-6.7.
Overtime policies for state employees.
(1) As used in this section:
(a) "Accrued overtime hours" means:
(i) for nonexempt employees, overtime hours earned during a fiscal year that, at the end
of the fiscal year, have not been paid and have not been taken as time off by the nonexempt
state employee who accrued them; and
(ii) for exempt employees, overtime hours earned during an overtime year.
(b) "Appointed official" means:
(i) each department executive director and deputy director, each division director, and
each member of a board or commission; and
(ii) any other person employed by a department who is appointed by, or whose
appointment is required by law to be approved by, the governor and who:
(A) is paid a salary by the state; and
(B) who exercises managerial, policy-making, or advisory responsibility.
(c) "Department" means the Department of Administrative Services, the Department of
Corrections, the Department of Financial Institutions, the Department of Alcoholic Beverage
Control, the Insurance Department, the Public Service Commission, the Labor Commission,
the Department of Agriculture and Food, the Department of Human Services, the Department
of Natural Resources, the Department of Technology Services, the Department of
Transportation, the Department of Commerce, the Department of Workforce Services, the State
Tax Commission, the Department of [
Heritage and Arts
] 
Cultural and Community
Engagement
, the Department of Health, the National Guard, the Department of Environmental
Quality, the Department of Public Safety, the Department of Human Resource Management,
the Commission on Criminal and Juvenile Justice, all merit employees except attorneys in the
Office of the Attorney General, merit employees in the Office of the State Treasurer, merit
employees in the Office of the State Auditor, Department of Veterans and Military Affairs, and
the Board of Pardons and Parole.
(d) "Elected official" means any person who is an employee of the state because the
person was elected by the registered voters of Utah to a position in state government.
(e) "Exempt employee" means a state employee who is exempt as defined by the Fair
Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(f) "FLSA" means the Fair Labor Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(g) "FLSA agreement" means the agreement authorized by the Fair Labor Standards
Act of 1978, 29 U.S.C. Sec. 201 et seq., by which a nonexempt employee elects the form of
compensation the nonexempt employee will receive for overtime.
(h) "Nonexempt employee" means a state employee who is nonexempt as defined by
the Department of Human Resource Management applying FLSA requirements.
(i) "Overtime" means actual time worked in excess of the employee's defined work
period.
(j) "Overtime year" means the year determined by a department under Subsection
(4)(b) at the end of which an exempt employee's accrued overtime lapses.
(k) "State employee" means every person employed by a department who is not:
(i) an appointed official;
(ii) an elected official; or
(iii) a member of a board or commission who is paid only for per diem or travel
expenses.
(l) "Uniform annual date" means the date when an exempt employee's accrued
overtime lapses.
(m) "Work period" means:
(i) for all nonexempt employees, except law enforcement and hospital employees, a
consecutive seven day 24 hour work period of 40 hours;
(ii) for all exempt employees, a 14 day, 80 hour payroll cycle; and
(iii) for nonexempt law enforcement and hospital employees, the period established by
each department by rule for those employees according to the requirements of the Fair Labor
Standards Act of 1978, 29 U.S.C. Sec. 201 et seq.
(2) Each department shall compensate each state employee who works overtime by
complying with the requirements of this section.
(3) (a) Each department shall negotiate and obtain a signed FLSA agreement from each
nonexempt employee.
(b) In the FLSA agreement, the nonexempt employee shall elect either to be
compensated for overtime by:
(i) taking time off work at the rate of one and one-half hour off for each overtime hour
worked; or
(ii) being paid for the overtime worked at the rate of one and one-half times the rate per
hour that the state employee receives for nonovertime work.
(c) Any nonexempt employee who elects to take time off under this Subsection (3)
shall be paid for any overtime worked in excess of the cap established by the Department of
Human Resource Management.
(d) Before working any overtime, each nonexempt employee shall obtain authorization
to work overtime from the employee's immediate supervisor.
(e) Each department shall:
(i) for employees who elect to be compensated with time off for overtime, allow
overtime earned during a fiscal year to be accumulated; and
(ii) for employees who elect to be paid for overtime worked, pay them for overtime
worked in the paycheck for the pay period in which the employee worked the overtime.
(f) If the department pays a nonexempt employee for overtime, the department shall
charge that payment to the department's budget.
(g) At the end of each fiscal year, the Division of Finance shall total all the accrued
overtime hours for nonexempt employees and charge that total against the appropriate fund or
subfund.
(4) (a) (i) Except as provided in Subsection (4)(a)(ii), each department shall
compensate exempt employees who work overtime by granting them time off at the rate of one
hour off for each hour of overtime worked.
(ii) The executive director of the Department of Human Resource Management may
grant limited exceptions to this requirement, where work circumstances dictate, by authorizing
a department to pay employees for overtime worked at the rate per hour that the employee
receives for nonovertime work, if the department has funds available.
(b) (i) Each department shall:
(A) establish in its written human resource policies a uniform annual date for each
division that is at the end of any pay period; and
(B) communicate the uniform annual date to its employees.
(ii) If any department fails to establish a uniform annual date as required by this
Subsection (4), the executive director of the Department of Human Resource Management, in
conjunction with the director of the Division of Finance, shall establish the date for that
department.
(c) (i) Any overtime earned under this Subsection (4) is not an entitlement, is not a
benefit, and is not a vested right.
(ii) A court may not construe the overtime for exempt employees authorized by this
Subsection (4) as an entitlement, a benefit, or as a vested right.
(d) At the end of the overtime year, upon transfer to another department at any time,
and upon termination, retirement, or other situations where the employee will not return to
work before the end of the overtime year:
(i) any of an exempt employee's overtime that is more than the maximum established
by the Department of Human Resource Management rule lapses; and
(ii) unless authorized by the executive director of the Department of Human Resource
Management under Subsection (4)(a)(ii), a department may not compensate the exempt
employee for that lapsed overtime by paying the employee for the overtime or by granting the
employee time off for the lapsed overtime.
(e) Before working any overtime, each exempt employee shall obtain authorization to
work overtime from the exempt employee's immediate supervisor.
(f) If the department pays an exempt employee for overtime under authorization from
the executive director of the Department of Human Resource Management, the department
shall charge that payment to the department's budget in the pay period earned.
(5) The Department of Human Resource Management shall:
(a) ensure that the provisions of the FLSA and this section are implemented throughout
state government;
(b) determine, for each state employee, whether that employee is exempt, nonexempt,
law enforcement, or has some other status under the FLSA;
(c) in coordination with modifications to the systems operated by the Division of
Finance, make rules:
(i) establishing procedures for recording overtime worked that comply with FLSA
requirements;
(ii) establishing requirements governing overtime worked while traveling and
procedures for recording that overtime that comply with FLSA requirements;
(iii) establishing requirements governing overtime worked if the employee is "on call"
and procedures for recording that overtime that comply with FLSA requirements;
(iv) establishing requirements governing overtime worked while an employee is being
trained and procedures for recording that overtime that comply with FLSA requirements;
(v) subject to the FLSA, establishing the maximum number of hours that a nonexempt
employee may accrue before a department is required to pay the employee for the overtime
worked;
(vi) subject to the FLSA, establishing the maximum number of overtime hours for an
exempt employee that do not lapse; and
(vii) establishing procedures for adjudicating appeals of any FLSA determinations
made by the Department of Human Resource Management as required by this section;
(d) monitor departments for compliance with the FLSA; and
(e) recommend to the Legislature and the governor any statutory changes necessary
because of federal government action.
(6) In coordination with the procedures for recording overtime worked established in
rule by the Department of Human Resource Management, the Division of Finance shall modify
its payroll and human resource systems to accommodate those procedures.
(a) Notwithstanding the procedures and requirements of Title 63G, Chapter 4,
Administrative Procedures Act, Section 
67-19-31
, and Section 
67-19a-301
, any employee who
is aggrieved by the FLSA designation made by the Department of Human Resource
Management as required by this section may appeal that determination to the executive director
of the Department of Human Resource Management by following the procedures and
requirements established in Department of Human Resource Management rule.
(b) Upon receipt of an appeal under this section, the executive director shall notify the
executive director of the employee's department that the appeal has been filed.
(c) If the employee is aggrieved by the decision of the executive director of the
Department of Human Resource Management, the employee shall appeal that determination to
the Department of Labor, Wage and Hour Division, according to the procedures and
requirements of federal law.
Section 17. Section 
67-19c-101
 is amended to read:
67-19c-101.
Department award program.
(1) As used in this section:
(a) "Department" means the Department of Administrative Services, the Department of
Agriculture and Food, the Department of Alcoholic Beverage Control, the Department of
Commerce, the Department of [
Heritage and Arts
] 
Cultural and Community Engagement
, the
Department of Corrections, the Department of Workforce Services, the Department of
Environmental Quality, the Department of Financial Institutions, the Department of Health, the
Department of Human Resource Management, the Department of Human Services, the
Insurance Department, the National Guard, the Department of Natural Resources, the
Department of Public Safety, the Public Service Commission, the Labor Commission, the State
Board of Education, the Utah Board of Higher Education, the State Tax Commission, the
Department of Technology Services, and the Department of Transportation.
(b) "Department head" means the individual or body of individuals in whom the
ultimate legal authority of the department is vested by law.
(2) There is created a department awards program to award an outstanding employee in
each department of state government.
(3) (a) By April 1 of each year, each department head shall solicit nominations for
outstanding employee of the year for his department from the employees in his department.
(b) By July 1 of each year, the department head shall:
(i) select a person from the department to receive the outstanding employee of the year
award using the criteria established in Subsection (3)(c); and
(ii) announce the recipient of the award to his employees.
(c) Department heads shall make the award to a person who demonstrates:
(i) extraordinary competence in performing his function;
(ii) creativity in identifying problems and devising workable, cost-effective solutions to
them;
(iii) excellent relationships with the public and other employees;
(iv) a commitment to serving the public as the client; and
(v) a commitment to economy and efficiency in government.
(4) (a) The Department of Human Resource Management shall divide any
appropriation for outstanding department employee awards that it receives from the Legislature
equally among the departments.
(b) If the department receives money from the Department of Human Resource
Management or if the department budget allows, the department head shall provide the
employee with a bonus, a plaque, or some other suitable acknowledgement of the award.
(5) (a) The department head may name the award after an exemplary present or former
employee of the department.
(b) A department head may not name the award for himself or for any relative as
defined in Section 
52-3-1
.
(c) Any awards or award programs existing in any department as of May 3, 1993, shall
be modified to conform to the requirements of this section.
Section 18. Section 
67-22-2
 is amended to read:
67-22-2.
Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) commissioner of the Department of Agriculture and Food;
(ii) commissioner of the Insurance Department;
(iii) commissioner of the Labor Commission;
(iv) director, Department of Alcoholic Beverage Control;
(v) commissioner of the Department of Financial Institutions;
(vi) executive director, Department of Commerce;
(vii) executive director, Commission on Criminal and Juvenile Justice;
(viii) adjutant general;
(ix) executive director, Department of [
Heritage and Arts
] 
Cultural and Community
Engagement
;
(x) executive director, Department of Corrections;
(xi) commissioner, Department of Public Safety;
(xii) executive director, Department of Natural Resources;
(xiii) executive director, Governor's Office of Management and Budget;
(xiv) executive director, Department of Administrative Services;
(xv) executive director, Department of Human Resource Management;
(xvi) executive director, Department of Environmental Quality;
(xvii) director, Governor's Office of Economic Development;
(xviii) executive director, Utah Science Technology and Research Governing
Authority;
(xix) executive director, Department of Workforce Services;
(xx) executive director, Department of Health, Nonphysician;
(xxi) executive director, Department of Human Services;
(xxii) executive director, Department of Transportation;
(xxiii) executive director, Department of Technology Services; and
(xxiv) executive director, Department of Veterans and Military Affairs.
(b) "Board or commission executive" means:
(i) members, Board of Pardons and Parole;
(ii) chair, State Tax Commission;
(iii) commissioners, State Tax Commission;
(iv) executive director, State Tax Commission;
(v) chair, Public Service Commission; and
(vi) commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in
command as determined by the Department of Human Resource Management.
(2) (a) The executive director of the Department of Human Resource Management
shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for
the appointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Department
of Human Resource Management.
(b) (i) The Department of Human Resource Management shall determine the salary
range for the appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the
minimum salary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary
ranges as the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Department of Human Resource Management
may not consider that deputy's salary range in designating the salary range for appointed
executives.
(c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
board or commission executives, the Department of Human Resource Management shall set
the maximum salary in the salary range for each of those positions at 90% of the salary for
district judges as established in the annual appropriation act under Section 
67-8-2
.
(ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
or (iii), the Department of Human Resource Management shall set the maximum salary in the
salary range for each of those positions at 100% of the salary for district judges as established
in the annual appropriation act under Section 
67-8-2
.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
specific salary for each appointed executive within the range established under Subsection
(2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor
shall establish a salary within the highest physician salary range established by the Department
of Human Resource Management.
(iii) The governor may provide salary increases for appointed executives within the
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA
exempt positions.
(c) The governor may develop standards and criteria for reviewing the appointed
executives.
(4) Salaries for other Schedule A employees, as defined in Section 
67-19-15
, that are
not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
Salary Act, shall be established as provided in Section 
67-19-15
.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or
commission executives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah
State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
by the State Retirement Office in accordance with the Internal Revenue Code and its
accompanying rules and regulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer service
employees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees as
follows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate
provided to Schedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as
provided by law or rule upon resignation or retirement according to the same criteria and
procedures applied to Schedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according
to the same criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is a
requirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its
executive director from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and
personal use;
(b) for the executive director of the Department of Transportation a vehicle for official
and personal use;
(c) for the executive director of the Department of Natural Resources a vehicle for
commute and official use;
(d) for the commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the adjutant general a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and
official use.
Section 19. Section 
72-4-302
 is amended to read:
72-4-302.
Utah State Scenic Byway Committee -- Creation -- Membership --
Meetings -- Expenses.
(1) There is created the Utah State Scenic Byway Committee.
(2) (a) The committee shall consist of the following 13 members:
(i) a representative from each of the following entities appointed by the governor:
(A) the Governor's Office of Economic Development;
(B) the Utah Department of Transportation;
(C) the Department of [
Heritage and Arts
] 
Cultural and Community Engagement
;
(D) the Division of Parks and Recreation;
(E) the Federal Highway Administration;
(F) the National Park Service;
(G) the National Forest Service; and
(H) the Bureau of Land Management;
(ii) one local government tourism representative appointed by the governor;
(iii) a representative from the private business sector appointed by the governor; and
(iv) three local elected officials from a county, city, or town within the state appointed
by the governor.
(b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
(2) shall be appointed for a four-year term of office.
(c) The governor shall, at the time of appointment or reappointment for appointments
made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
terms of committee members are staggered so that approximately half of the committee is
appointed every two years.
(3) (a) The representative from the Governor's Office of Economic Development shall
chair the committee.
(b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
nonvoting, ex officio members of the committee.
(4) The Governor's Office of Economic Development and the department shall provide
staff support to the committee.
(5) (a) The chair may call a meeting of the committee only with the concurrence of the
department.
(b) A majority of the voting members of the committee constitute a quorum.
(c) Action by a majority vote of a quorum of the committee constitutes action by the
committee.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
Section 20. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, on May 5, 2021, replace "Heritage and Arts,"
when referring to the Department of Heritage and Arts, with "Cultural and Community
Engagement" in any new language added to the Utah Code by legislation passed during the
General Session.