Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 63 Second Substitute (2022GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Utah Board of Higher Education and the human resources bodies of state, county, and municipal governments to implement rules that will provide bereavement leave for employees who suffer the loss of a child as a result of a miscarriage or stillbirth; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

BEREAVEMENT LEAVE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Cheryl K. Acton
LONG TITLE
General Description:
This bill requires certain entities to provide bereavement leave for employees who
experience a miscarriage or stillbirth.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Utah Board of Higher Education and the human resources bodies of
state, county, and municipal governments to implement rules that will provide
bereavement leave for employees who suffer the loss of a child as a result of a
miscarriage or stillbirth; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3-1103
, as enacted by Laws of Utah 1977, Chapter 48
17-33-5
, as last amended by Laws of Utah 2009, Chapter 128
20A-1-508
, as last amended by Laws of Utah 2019, Chapters 212, 255 and last
amended by Coordination Clause, Laws of Utah 2019, Chapter 212
53B-1-401
, as enacted by Laws of Utah 2020, Chapter 365
53B-1-402
, as last amended by Laws of Utah 2021, Chapter 187
63A-17-106
, as renumbered and amended by Laws of Utah 2021, Chapter 344
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3-1103
 is amended to read:
10-3-1103.
Sickness, disability, and death benefits -- Bereavement leave.
(1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
fetus, regardless of gestational age or the duration of the pregnancy.
[
(1)
] 
(2)
 The governing body of each municipality may maintain as to all elective or
appointive officers and employees, including heads of departments, a system for the payment
of health, dental, hospital, medical, disability and death benefits to be financed and
administered in a manner and payable upon the terms and conditions as the governing body of
the municipality may by ordinance or resolution prescribe.
[
(2)
] 
(3)
 The governing bodies of the municipalities may create and administer
personnel benefit programs separately or jointly with other municipalities or other political
subdivisions of the State of Utah or associations thereof.
(4) The governing body of each municipality shall, by ordinance or resolution, provide
for at least three work days of paid bereavement leave for an employee:
(a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
or
(b) following the end of another individual's pregnancy by way of a miscarriage or
stillbirth, if:
(i) the employee is the individual's spouse or partner; or
(ii) (A) the employee is the individual's former spouse or partner; and
(B) the employee would have been a biological parent of a child born as a result of the
pregnancy.
Section 2. Section 
17-33-5
 is amended to read:
17-33-5.
Office of personnel management -- Director -- Appointment and
responsibilities -- Personnel rules.
(1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
fetus, regardless of gestational age or the duration of the pregnancy.
[
(1)
] 
(2)
 (a) (i) Each county executive shall:
(A) create an office of personnel management, administered by a director of personnel
management; and
(B) ensure that the director is a person with proven experience in personnel
management.
(ii) Except as provided in Subsection [
(1)
] 
(2)
(b), the position of director of personnel
management shall be:
(A) a merit position; and
(B) filled as provided in Subsection [
(1)
] 
(2)
(a)(iii).
(iii) Except as provided in Subsection [
(1)
] 
(2)
(b), the career service council shall:
(A) advertise and recruit for the director position in the same manner as for merit
positions;
(B) select three names from a register; and
(C) submit those names as recommendations to the county legislative body.
(iv) Except as provided in Subsection [
(1)
] 
(2)
(b), the county legislative body shall
select a person to serve as director of the office of personnel management from the names
submitted to it by the career service council.
(b) (i) Effective for appointments made after May 1, 2006, and as an alternative to the
procedure under Subsections [
(1)
] 
(2)
(a)(ii), (iii), and (iv) and at the county executive's
discretion, the county executive may appoint a director of personnel management with the
advice and consent of the county legislative body.
(ii) The position of each director of personnel management appointed under this
Subsection [
(1)
] 
(2)
(b) shall be a merit exempt position.
(iii) A director of personnel management appointed under this Subsection [
(1)
] 
(2)
(b)
may be terminated by the county executive with the consent of the county legislative body.
[
(2)
] 
(3)
 The director of personnel management shall:
(a) encourage and exercise leadership in the development of expertise in personnel
administration within the several departments, offices, and agencies in the county service and
make available the facilities of the office of personnel management to this end;
(b) advise the county legislative and executive bodies on the use of human resources;
(c) develop and implement programs for the improvement of employee effectiveness,
such as training, safety, health, counseling, and welfare;
(d) investigate periodically the operation and effect of this law and of the policies made
under it and report findings and recommendations to the county legislative body;
(e) establish and maintain records of all employees in the county service, setting forth
as to each employee class, title, pay or status, and other relevant data;
(f) make an annual report to the county legislative body and county executive regarding
the work of the department; and
(g) apply and carry out this law and the policies under it and perform any other lawful
acts that are necessary to carry out the provisions of this law.
[
(3)
] 
(4)
 (a) (i) The director shall recommend personnel rules for the county.
(ii) The county legislative body may:
(A) recommend personnel rules for the county; and
(B) approve, amend, or reject personnel rules before they are adopted.
(b) The rules shall provide for:
(i) recruiting efforts to be planned and carried out in a manner that assures open
competition, with special emphasis to be placed on recruiting efforts to attract minorities,
women, persons with a disability as defined by and covered under the Americans with
Disabilities Act of 1990, 42 U.S.C. 12102, or other groups that are substantially
underrepresented in the county work force to help assure they will be among the candidates
from whom appointments are made;
(ii) the establishment of job related minimum requirements wherever practical, that all
successful candidates shall be required to meet in order to be eligible for consideration for
appointment or promotion;
(iii) selection procedures that include consideration of the relative merit of each
applicant for employment, a job related method of determining the eligibility or ineligibility of
each applicant, and a valid, reliable, and objective system of ranking eligible applicants
according to their qualifications and merit;
(iv) certification procedures that insure equitable consideration of an appropriate
number of the most qualified eligible applicants based on the ranking system;
(v) appointments to positions in the career service by selection from the most qualified
eligible applicants certified on eligible lists established in accordance with Subsections [
(3)
]
(4)
(b)(iii) and (iv);
(vi) noncompetitive appointments in the occasional instance where there is evidence
that open or limited competition is not practical, such as for unskilled positions that have no
minimum job requirements;
(vii) limitation of competitions at the discretion of the director for appropriate positions
to facilitate employment of qualified applicants with a substantial physical or mental
impairment, or other groups protected by Title VII of the Civil Rights Act;
(viii) permanent appointment for entry to the career service that shall be contingent
upon satisfactory performance by the employee during a period of six months, with the
probationary period extendable for a period not to exceed six months for good cause, but with
the condition that the probationary employee may appeal directly to the council any undue
prolongation of the period designed to thwart merit principles;
(ix) temporary, provisional, or other noncareer service appointments, which may not be
used as a way of defeating the purpose of the career service and may not exceed 270 days;
(x) lists of eligible applicants normally to be used, if available, for filling temporary
positions, and short term emergency appointments to be made without regard to the other
provisions of law to provide for maintenance of essential services in an emergency situation
where normal procedures are not practical, these emergency appointments not to exceed 270
days;
(xi) promotion and career ladder advancement of employees to higher level positions
and assurance that all persons promoted are qualified for the position;
(xii) recognition of the equivalency of other merit processes by waiving, at the
discretion of the director, the open competitive examination for placement in the career service
positions of those who were originally selected through a competitive examination process in
another governmental entity, the individual in those cases, to serve a probationary period;
(xiii) preparation, maintenance, and revision of a position classification plan for all
positions in the career service, based upon similarity of duties performed and responsibilities
assumed, so that the same qualifications may reasonably be required for, and the same schedule
of pay may be equitably applied to, all positions in the same class, the compensation plan, in
order to maintain a high quality public work force, to take into account the responsibility and
difficulty of the work, the comparative pay and benefits needed to compete in the labor market
and to stay in proper alignment with other similar governmental units, and other factors;
(xiv) keeping records of performance on all employees in the career service and
requiring consideration of performance records in determining salary increases, any benefits for
meritorious service, promotions, the order of layoffs and reinstatements, demotions, discharges,
and transfers;
(xv) establishment of a plan governing layoffs resulting from lack of funds or work,
abolition of positions, or material changes in duties or organization, and governing
reemployment of persons so laid off, taking into account with regard to layoffs and
reemployment the relative ability, seniority, and merit of each employee;
(xvi) establishment of a plan for resolving employee grievances and complaints with
final and binding decisions;
(xvii) establishment of disciplinary measures such as suspension, demotion in rank or
grade, or discharge, measures to provide for presentation of charges, hearing rights, and appeals
for all permanent employees in the career service to the career service council;
(xviii) establishment of a procedure for employee development and improvement of
poor performance;
(xix) establishment of hours of work, holidays, and attendance requirements in various
classes of positions in the career service;
(xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
leave programs; and
(xxi) any other requirements not inconsistent with this law that are proper for its
enforcement.
(5) Rules adopted pursuant to Subsection (4)(b)(xx) shall provide for at least three
work days of paid bereavement leave for an employee:
(a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
or
(b) following the end of another individual's pregnancy by way of a miscarriage or
stillbirth, if:
(i) the employee is the individual's spouse or partner; or
(ii) (A) the employee is the individual's former spouse or partner; and
(B) the employee would have been a biological parent of a child born as a result of the
pregnancy.
Section 3. Section 
20A-1-508
 is amended to read:
20A-1-508.
Midterm vacancies in county elected offices -- Temporary manager -- 
Interim replacement.
(1) As used in this section:
(a) (i) "County offices" includes the county executive, members of the county
legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
the county recorder, the county surveyor, and the county assessor.
(ii) "County offices" does not include the office of county attorney, district attorney, or
judge.
(b) "Party liaison" means the political party officer designated to serve as a liaison with
each county legislative body on all matters relating to the political party's relationship with a
county as required by Section 
20A-8-401
.
(2) (a) Except as provided in Subsection (2)(d), until a county legislative body appoints
an interim replacement to fill a vacant county office under Subsection (3), the following shall
temporarily discharge the duties of the county office as a temporary manager:
(i) for a county office with one chief deputy, the chief deputy;
(ii) for a county office with more than one chief deputy:
(A) the chief deputy with the most cumulative time served as a chief deputy for the
county office; or
(B) notwithstanding Subsection (2)(a)(ii)(A), if, before the vacating county officer
vacates the office, the county officer files with the county clerk a written statement designating
one of the county officer's chief deputies to discharge the duties of the county office in the
event the county officer vacates the office, the designated chief deputy; or
(iii) for a county office without a chief deputy:
(A) if one management-level employee serving under the county office has a
higher-seniority management level than any other employee serving under the county office,
that management-level employee;
(B) if two or more management-level employees serving under the county office have
the same and highest-seniority management level, the highest-seniority management-level
employee with the most cumulative time served in the employee's current position; or
(C) notwithstanding Subsection (2)(a)(iii)(A) or (B), if, before the vacating county
officer vacates the office, the county officer files with the county clerk a written statement
designating one of the county officer's employees to discharge the county officer's duties in the
event the county officer vacates the office, the designated employee.
(b) Except as provided in Subsection (2)(c), a temporary manager described in
Subsection (2)(a) who temporarily discharges the duties of a county office holds the powers
and duties of the county office until the county legislative body appoints an interim
replacement under Subsection (3).
(c) The temporary manager described in Subsection (2)(a) who temporarily discharges
the duties of a county office:
(i) may not take an oath of office for the county office as a temporary manager;
(ii) shall comply with Title 17, Chapter 36, Uniform Fiscal Procedures Act for
Counties, and the county's budget ordinances and policies;
(iii) unless approved by the county legislative body, may not change the compensation
of an employee;
(iv) unless approved by the county legislative body, may not promote or demote an
employee or change an employee's job title;
(v) may terminate an employee only if the termination is conducted in accordance with:
(A) personnel rules described in Subsection 
17-33-5
[
(3)
]
(4)
 that are approved by the
county legislative body; and
(B) applicable law;
(vi) unless approved by the county legislative body, may not exceed by more than 5%
an expenditure that was planned before the county office for which the temporary manager
discharges duties was vacated;
(vii) except as provided in Subsection (2)(c)(viii), may not receive a change in title or
compensation; and
(viii) if approved by the county legislative body, may receive a performance award
after:
(A) the county legislative body appoints an interim replacement under Subsection (3);
and
(B) the interim replacement is sworn into office.
(d) This Subsection (2) does not apply to a vacancy in the office of county legislative
body member.
(3) (a) Until a replacement is selected as provided in this section and has qualified, the
county legislative body shall appoint an interim replacement to fill the vacant office by
following the procedures and requirements of this Subsection (3).
(b) (i) To appoint an interim replacement, the county legislative body shall, within 10
days after the day on which the vacancy occurs, give notice of the vacancy to the party liaison
of the same political party of the prior office holder and invite that party liaison to submit the
name of an individual to fill the vacancy.
(ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
liaison receives the notice described in Subsection (3)(b)(i), or if the party liaison does not
receive the notice, before 5 p.m. within 40 days after the day on which the vacancy occurs,
submit to the county legislative body the name of an individual the party selects in accordance
with the party's constitution or bylaws to serve as the interim replacement.
(iii) The county legislative body shall, no later than five days after the day on which a
party liaison submits the name of the individual to serve as the interim replacement, appoint the
individual to serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an interim replacement to fill the
vacancy in accordance with Subsection (3)(b)(iii), the county clerk shall, no later than five days
after the day of the deadline described in Subsection (3)(b)(iii), send to the governor a letter
that:
(A) informs the governor that the county legislative body has failed to appoint a
replacement within the statutory time period; and
(B) contains the name of the individual submitted by the party liaison to fill the
vacancy.
(ii) The governor shall, within 10 days after the day on which the governor receives the
letter described in Subsection (3)(c)(i), appoint the individual named by the party liaison as an
interim replacement to fill the vacancy.
(d) An individual appointed as interim replacement under this Subsection (3) shall hold
office until a successor is elected and has qualified.
(4) (a) The requirements of this Subsection (4) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the election at which the officeholder was elected but
before the second Friday in March of the next even-numbered year.
(b) (i) When the conditions described in Subsection (4)(a) are met, the county clerk
shall as soon as practicable, but no later than 180 days before the next regular general election,
notify the public and each registered political party that the vacancy exists.
(ii) An individual intending to become a party candidate for the vacant office shall file
a declaration of candidacy in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection 
17-52a-201
(6) or 
17-52a-202
(6), if
applicable.
(iii) An individual who is nominated as a party candidate, who qualifies as an
unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates not Affiliated
with a Party, or who qualifies as a write-in candidate for the vacant office under Chapter 9, Part
6, Write-in Candidates, shall run in the regular general election.
(5) (a) The requirements of this Subsection (5) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs on or after the second Friday in March of the next
even-numbered year but more than 75 days before the regular primary election.
(b) When the conditions described in Subsection (5)(a) are met, the county clerk shall
as soon as practicable, but no later than 70 days before the next regular primary election, notify
the public and each registered political party:
(i) that the vacancy exists; and
(ii) of the deadlines described in Subsection (5)(c)(i) and the deadlines established
under Subsection (5)(d)(ii).
(c) (i) An individual intending to become a party candidate for a vacant office shall,
within five days after the day on which the notice is given, ending at the close of normal office
hours on the fifth day, file a declaration of candidacy for the vacant office in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection 
17-52a-201
(6) or 
17-52a-202
(6), if
applicable.
(ii) The county central committee of each party shall:
(A) select a candidate or candidates from among those qualified candidates who have
filed declarations of candidacy; and
(B) certify the name of the candidate or candidates to the county clerk as soon as
practicable, but before 5 p.m. no later than 60 days before the day of the regular primary
election.
(d) (i) Except as provided in Subsection (5)(d)(ii), an individual intending to become a
candidate for a vacant office who does not wish to affiliate with a registered political party
shall file a verified certificate of nomination described in Section 
20A-9-502
 with the county
clerk in accordance with Chapter 9, Part 5, Candidates not Affiliated with a Party.
(ii) (A) The county clerk shall establish, in the clerk's reasonable discretion, a deadline
that is before 5 p.m. no later than 65 days before the day of the next regular general election by
which an individual who is not affiliated with a registered political party is required to submit a
certificate of nomination under Subsection (5)(d)(i).
(B) The county clerk shall establish the deadline described in Subsection (5)(d)(ii)(A)
in a manner that gives an unaffiliated candidate an equal opportunity to access the regular
general election ballot.
(e) An individual who is nominated as a party candidate for the vacant office, who
qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates
not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under
Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.
(6) (a) The requirements of this Subsection (6) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of two years or more; and
(ii) when 75 days or less remain before the day of the regular primary election but more
than 65 days remain before the day of the regular general election.
(b) When the conditions described in Subsection (6)(a) are met, the county clerk shall,
as soon as practicable, notify the public and each registered political party:
(i) that the vacancy exists; and
(ii) of the deadlines established under Subsection (6)(d).
(c) (i) Before the deadline that the county clerk establishes under Subsection
(6)(d)(i)(A), the county central committee of each registered political party that wishes to
submit a candidate for the office shall certify the name of one candidate to the county clerk for
placement on the regular general election ballot.
(ii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(B),
a candidate who does not wish to affiliate with a registered political party shall file a verified
certificate of nomination described in Section 
20A-9-502
 with the county clerk in accordance
with Chapter 9, Part 5, Candidates not Affiliated with a Party.
(iii) Before the deadline that the county clerk establishes under Subsection (6)(d)(i)(C),
a write-in candidate shall submit to the county clerk a declaration of candidacy described in
Section 
20A-9-601
.
(d) (i) The county clerk shall establish, in the clerk's reasonable discretion, deadlines
that are before 5 p.m. no later than 65 days before the day of the next regular general election
by which:
(A) a registered political party is required to certify a name under Subsection (6)(c)(i);
(B) an individual who does not wish to affiliate with a registered political party is
required to submit a certificate of nomination under Subsection (6)(c)(ii); and
(C) a write-in candidate is required to submit a declaration of candidacy under
Subsection (6)(c)(iii).
(ii) The county clerk shall establish deadlines under Subsection (6)(d)(i) in a manner
that gives an unaffiliated candidate or a write-in candidate an equal opportunity to access the
regular general election ballot.
(e) An individual who is certified as a party candidate for the vacant office, who
qualifies as an unaffiliated candidate for the vacant office under Chapter 9, Part 5, Candidates
not Affiliated with a Party, or who qualifies as a write-in candidate for the vacant office under
Chapter 9, Part 6, Write-in Candidates, shall run in the regular general election.
(7) (a) The requirements of this Subsection (7) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of less than two years; or
(ii) if the vacant office has an unexpired term of two years or more but 65 days or less
remain before the day of the next regular general election.
(b) (i) When the conditions described in Subsection (7)(a) are met, the county
legislative body shall as soon as practicable, but no later than 10 days after the day on which
the vacancy occurs, give notice of the vacancy to the party liaison of the same political party as
the prior office holder and invite that party liaison to submit the name of an individual to fill
the vacancy.
(ii) That party liaison shall, before 5 p.m. within 30 days after the day on which the
party liaison receives the notice described in Subsection (7)(b)(i), or if the party liaison does
not receive the notice, before 5 p.m. no later than 40 days after the day on which the vacancy
occurs, submit to the county legislative body the name of an individual to fill the vacancy.
(iii) The county legislative body shall, no later than five days after the day on which a
party liaison submits the name of the individual to fill the vacancy, appoint the individual to
serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an individual to fill the vacancy in
accordance with Subsection (7)(b)(iii), the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint an
individual to fill the vacancy within the statutory time period; and
(B) contains the name of the individual submitted by the party liaison to fill the
vacancy.
(ii) The governor shall, within 10 days after the day on which the governor receives the
letter described in Subsection (7)(c)(i), appoint the individual named by the party liaison to fill
the vacancy.
(d) An individual appointed to fill the vacancy under this Subsection (7) shall hold
office until a successor is elected and has qualified.
(8) Except as otherwise provided by law, the county legislative body may appoint
replacements to fill all vacancies that occur in those offices filled by appointment of the county
legislative body.
(9) Nothing in this section prohibits a candidate that does not wish to affiliate with a
political party from filing a certificate of nomination for a vacant office within the same time
limits as a candidate that is affiliated with a political party.
(10) (a) Each individual elected under Subsection (4), (5), or (6) to fill a vacancy in a
county office shall serve for the remainder of the unexpired term of the individual who created
the vacancy and until a successor is elected and qualified.
(b) Nothing in this section may be construed to contradict or alter the provisions of
Section 
17-16-6
.
Section 4. Section 
53B-1-401
 is amended to read:
53B-1-401.
Definitions.
As used in this part:
(1) "Board" means the Utah Board of Higher Education described in Section
53B-1-402
.
(2) "Institution of higher education" or "institution" means an institution of higher
education described in Section 
53B-1-102
.
(3) "Miscarriage" means the spontaneous or accidental loss of a fetus, regardless of
gestational age or the duration of the pregnancy.
[
(3)
] 
(4)
 "Nominating committee" means the committee described in Section
53B-1-406
.
Section 5. Section 
53B-1-402
 is amended to read:
53B-1-402.
Establishment of board -- Powers, duties, and authority -- Reports.
(1) There is established a State Board of Regents, which:
(a) beginning July 1, 2020, is renamed the Utah Board of Higher Education;
(b) is the governing board for the institutions of higher education;
(c) controls, manages, and supervises the Utah system of higher education; and
(d) is a body politic and corporate with perpetual succession and with all rights,
immunities, and franchises necessary to function as a body politic and corporate.
(2) The board shall:
(a) establish and promote a state-level vision and goals for higher education that
emphasize system priorities, including:
(i) quality;
(ii) affordability;
(iii) access and equity;
(iv) completion;
(v) workforce alignment and preparation for high-quality jobs; and
(vi) economic growth;
(b) establish policies and practices that advance the vision and goals;
(c) establish metrics to demonstrate and monitor:
(i) performance related to the goals; and
(ii) performance on measures of operational efficiency;
(d) collect and analyze data including economic data, demographic data, and data
related to the metrics;
(e) coordinate data collection across institutions;
(f) establish, approve, and oversee each institution's mission and role in accordance
with Section 
53B-16-101
;
(g) assess an institution's performance in accomplishing the institution's mission and
role;
(h) participate in the establishment and review of programs of instruction in accordance
with Section 
53B-16-102
;
(i) perform duties related to an institution of higher education president, including:
(i) appointing an institution of higher education president in accordance with Section
53B-2-102
;
(ii) providing support and guidance to an institution of higher education president;
(iii) evaluating an institution of higher education president based on institution
performance and progress toward systemwide priorities; and
(iv) setting the compensation for an institution of higher education president;
(j) create and implement a strategic finance plan for higher education, including by:
(i) establishing comprehensive budget and finance priorities for academic education
and technical education;
(ii) allocating statewide resources to institutions;
(iii) setting tuition for each institution;
(iv) administering state financial aid programs;
(v) administering performance funding in accordance with Chapter 7, Part 7,
Performance Funding; and
(vi) developing a strategic capital facility plan and prioritization process in accordance
with Chapter 22, Part 2, Capital Developments, and Sections 
53B-2a-117
 and 
53B-2a-118
;
(k) create a seamless articulated education system for Utah students that responds to
changing demographics and workforce, including by:
(i) providing for statewide prior learning assessment, in accordance with Section
53B-16-110
;
(ii) establishing and maintaining clear pathways for articulation and transfer, in
accordance with Section 
53B-16-105
;
(iii) establishing degree program requirement guidelines, including credit hour limits;
(iv) aligning general education requirements across degree-granting institutions;
(v) coordinating and incentivizing collaboration and partnerships between institutions
in delivering programs;
(vi) coordinating distance delivery of programs; and
(vii) coordinating work-based learning;
(l) coordinate with the public education system:
(i) regarding public education programs that provide postsecondary credit or
certificates; and
(ii) to ensure that an institution of higher education providing technical education
serves secondary students in the public education system;
(m) delegate to an institution board of trustees certain duties related to institution
governance including:
(i) guidance and support for the institution president;
(ii) effective administration;
(iii) the institution's responsibility for contributing to progress toward achieving
systemwide goals; and
(iv) other responsibilities determined by the board;
(n) delegate to an institution of higher education president management of the
institution of higher education;
(o) consult with an institution of higher education board of trustees or institution of
higher education president before acting on matters pertaining to the institution of higher
education;
(p) maximize efficiency throughout the Utah system of higher education by identifying
and establishing shared administrative services;
(q) develop strategies for providing higher education, including career and technical
education, in rural areas;
(r) manage and facilitate a process for initiating, prioritizing, and implementing
education reform initiatives; and
(s) provide ongoing quality review of institutions.
(3) The board shall submit an annual report of the board's activities and performance
against the board's goals and metrics to:
(a) the Education Interim Committee;
(b) the Higher Education Appropriations Subcommittee;
(c) the governor; and
(d) each institution of higher education.
(4) The board shall prepare and submit an annual report detailing the board's progress
and recommendations on workforce related issues, including career and technical education, to
the governor and to the Legislature's Education Interim Committee by October 31 of each year,
including information detailing:
(a) how the career and technical education needs of secondary students are being met
by institutions of higher education;
(b) how the emphasis on high demand, high wage, and high skill jobs in business and
industry is being provided;
(c) performance outcomes, including:
(i) entered employment;
(ii) job retention; and
(iii) earnings;
(d) an analysis of workforce needs and efforts to meet workforce needs; and
(e) student tuition and fees.
(5) The board may modify the name of an institution of higher education to reflect the
role and general course of study of the institution.
(6) The board may not take action relating to merging a technical college with another
institution of higher education without legislative approval.
(7) This section does not affect the power and authority vested in the State Board of
Education to apply for, accept, and manage federal appropriations for the establishment and
maintenance of career and technical education.
(8) The board shall ensure that any training or certification that an employee of the
higher education system is required to complete under this title or by board rule complies with
Title 63G, Chapter 22, State Training and Certification Requirements.
(9) The board shall adopt a policy requiring institutions to provide at least three work
days of paid bereavement leave for an employee:
(a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
or
(b) following the end of another individual's pregnancy by way of a miscarriage or
stillbirth, if:
(i) the employee is the individual's spouse or partner; or
(ii) (A) the employee is the individual's former spouse or partner; and
(B) the employee would have been a biological parent of a child born as a result of the
pregnancy.
Section 6. Section 
63A-17-106
 is amended to read:
63A-17-106.
Responsibilities of the director.
(1) As used in this section, "miscarriage" means the spontaneous or accidental loss of a
fetus, regardless of gestational age or the duration of the pregnancy.
[
(1)
] 
(2)
 The director shall have full responsibility and accountability for the
administration of the statewide human resource management system.
[
(2)
] 
(3)
 Except as provided in Section 
63A-17-201
, an agency may not perform human
resource functions without the consent of the director.
[
(3)
] 
(4)
 Statewide human resource management rules adopted by the division in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall take
precedence if there is a conflict with agency rules, policies, or practices.
[
(4)
] 
(5)
 The division may operate as an internal service fund agency in accordance
with Section 
63J-1-410
 for the human resource functions the division provides.
[
(5)
] 
(6)
 The director shall:
(a) develop, implement, and administer a statewide program of human resource
management that will:
(i) aid in the efficient execution of public policy;
(ii) foster careers in public service for qualified employees; and
(iii) render assistance to state agencies in performing their missions;
(b) design and administer the state pay plan;
(c) design and administer the state classification system and procedures for determining
schedule assignments;
(d) design and administer the state recruitment and selection system;
(e) administer agency human resource practices and ensure compliance with federal
law, state law, and state human resource rules, including equal employment opportunity;
(f) consult with agencies on decisions concerning employee corrective action and
discipline;
(g) maintain central personnel records;
(h) perform those functions necessary to implement this chapter unless otherwise
assigned or prohibited;
(i) perform duties assigned by the governor, executive director, or statute;
(j) [
adopt
] 
make
 rules for human resource management [
according to the procedures
of
]
, in accordance with
 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(k) establish and maintain a management information system that will furnish the
governor, the Legislature, and agencies with current information on authorized positions,
payroll, and related matters concerning state human resources;
(l) conduct research and planning activities to:
(i) determine and prepare for future state human resource needs;
(ii) develop methods for improving public human resource management; and
(iii) propose needed policy changes to the governor;
(m) study the character, causes, and extent of discrimination in state employment and
develop plans for its elimination through programs consistent with federal and state laws
governing equal employment opportunity in employment;
(n) when requested by charter schools or counties, municipalities, and other political
subdivisions of the state, provide technical service, training recommendations, or advice on
human resource management at a charge determined by the director;
(o) establish compensation policies and procedures for early voluntary retirement;
(p) confer with the heads of other agencies about human resource policies and
procedures;
(q) submit an annual report to the executive director, the governor, and the Legislature;
and
(r) assist with the development of a vacant position report required under Subsection
63J-1-201
(2)(b)(vi).
[
(6)
] 
(7)
 (a) After consultation with the executive director, the governor, and the heads
of other agencies, the director shall establish and coordinate statewide training programs,
including and subject to available funding, the development of manager and supervisor
training.
(b) The programs developed under this Subsection [
(6)
] 
(7)
 shall have application to
more than one agency.
(c) The division may not establish training programs that train employees to perform
highly specialized or technical jobs and tasks.
(d) The division shall ensure that any training program described in this Subsection
[
(6)
] 
(7)
 complies with Title 63G, Chapter 22, State Training and Certification Requirements.
[
(7)
] 
(8)
 (a) (i) The division may collect fees for training as authorized by this
Subsection [
(7)
] 
(8)
.
(ii) Training funded from General Fund appropriations shall be treated as a separate
program within the department budget.
(iii) All money received from fees under this section will be accounted for by the
department as a separate user driven training program.
(iv) The user training program includes the costs of developing, procuring, and
presenting training and development programs, and other associated costs for these programs.
(b) (i) Funds remaining at the end of the fiscal year in the user training program are
nonlapsing.
(ii) Each year, as part of the appropriations process, the Legislature shall review the
amount of nonlapsing funds remaining at the end of the fiscal year and may, by statute, require
the department to lapse a portion of the funds.
(9) Rules described in Subsection (6)(j) shall provide for at least three work days of
paid bereavement leave for an employee:
(a) following the end of the employee's pregnancy by way of a miscarriage or stillbirth;
or
(b) following the end of another individual's pregnancy by way of a miscarriage or
stillbirth, if:
(i) the employee is the individual's spouse or partner; or
(ii) (A) the employee is the individual's former spouse or partner; and
(B) the employee would have been a biological parent of a child born as a result of the
pregnancy.