Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 22 Second Substitute (2023GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/23/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the State Employee Benefits Advisory Commission;
• describes the commission's membership, quorum requirements, duties, and other requirements;
• establishes reporting requirements for the commission;
• provides a sunset date for the commission; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE EMPLOYEE BENEFITS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Brady Brammer
LONG TITLE
General Description:
This bill creates the State Employee Benefits Advisory Commission.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates the State Employee Benefits Advisory Commission;
▸ describes the commission's membership, quorum requirements, duties, and other
requirements;
▸ establishes reporting requirements for the commission;
▸ provides a sunset date for the commission; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63A-17-307
, as last amended by Laws of Utah 2022, Chapters 169, 209
63I-1-263
, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
249, 274, 296, 313, 361, 362, 417, 419, and 472
ENACTS:
63C-29-101
, Utah Code Annotated 1953
63C-29-102
, Utah Code Annotated 1953
63C-29-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-17-307
 is amended to read:
63A-17-307.
State pay plans -- Applicability of section -- Exemptions -- Duties of
director.
(1) (a) This section, and the rules made by the division under this section, apply to each
career and noncareer employee not specifically exempted under Subsection (2).
(b) If not exempted under Subsection (2), an employee is considered to be in classified
service.
(2) The following employees are exempt from this section:
(a) members of the Legislature and legislative employees;
(b) members of the judiciary and judicial employees;
(c) elected members of the executive branch and employees designated as schedule AC
as provided under Subsection 
63A-17-301
(1)(c);
(d) employees of the State Board of Education;
(e) officers, faculty, and other employees of state institutions of higher education;
(f) employees in a position that is specified by statute to be exempt from this
Subsection (2);
(g) employees in the Office of the Attorney General;
(h) department heads and other persons appointed by the governor under statute;
(i) schedule AS employees as provided under Subsection 
63A-17-301
(1)(m);
(j) department deputy directors, division directors, and other employees designated as
schedule AD as provided under Subsection 
63A-17-301
(1)(d);
(k) employees that determine and execute policy designated as schedule AR as
provided under Subsection 
63A-17-301
(1)(l);
(l) teaching staff, educational interpreters, and educators designated as schedule AH as
provided under Subsection 
63A-17-301
(1)(g);
(m) temporary employees described in Subsection 
63A-17-301
(1)(r);
(n) patients and inmates designated as schedule AU as provided under Subsection
63A-17-301
(1)(o) who are employed by state institutions; and
(o) members of state and local boards and councils and other employees designated as
schedule AQ as provided under Subsection 
63A-17-301
(1)(k).
(3) (a) The director shall prepare, maintain, and revise a position classification plan for
each employee position not exempted under Subsection (2) to provide equal pay for equal
work.
(b) Classification of positions shall be based upon similarity of duties performed and
responsibilities assumed, so that the same job requirements and the same salary range, subject
to Section 
63A-17-112
, may be applied equitably to each position in the same class.
(c) The director shall allocate or reallocate the position of each employee in classified
service to one of the classes in the classification plan.
(d) (i) The division shall conduct periodic studies and interviews to provide that the
classification plan remains reasonably current and reflects the duties and responsibilities
assigned to and performed by employees.
(ii) The director shall determine the need for studies and interviews after considering
factors such as changes in duties and responsibilities of positions or agency reorganizations.
(4) (a) With the approval of the executive director and the governor, the director shall
develop and adopt pay plans for each position in classified service.
(b) The director shall design each pay plan to achieve, to the degree that funds permit,
comparability of state salary ranges to the market using data obtained from private enterprise
and other public employment for similar work.
(c) The director shall adhere to the following in developing each pay plan:
(i) each pay plan shall consist of sufficient salary ranges to:
(A) permit adequate salary differential among the various classes of positions in the
classification plan; and
(B) reflect the normal growth and productivity potential of employees in that class.
(ii) The director shall issue rules for the administration of pay plans.
(d) The establishing of a salary range is a nondelegable activity and is not appealable
under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter 19a,
Grievance Procedures, or otherwise.
(e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, providing for:
(i) agency approved salary adjustments within approved salary ranges, including an
administrative salary adjustment; and
(ii) structure adjustments that modify salary ranges, including a cost of living
adjustment or market comparability adjustment.
(5) (a) On or before October 31 of each year, the director shall submit an annual
compensation plan to the executive director and the governor for consideration in the executive
budget[
.
] 
and to the State Employee Benefits Advisory Commission created in Section
63C-29-102
.
(b) The plan described in Subsection (5)(a) may include recommendations, including:
(i) salary increases that generally affect employees, including a general increase or
merit increase;
(ii) salary increases that address compensation issues unique to an agency or
occupation;
(iii) structure adjustments, including a cost of living adjustment or market
comparability adjustment; or
(iv) changes to employee benefits.
(c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate the
results of a salary survey of a reasonable cross section of comparable positions in private and
public employment in the state into the annual compensation plan.
(B) The salary survey for a law enforcement officer, as defined in Section 
53-13-103
, a
correctional officer, as defined in Section 
53-13-104
, or a dispatcher, as defined in Section
53-6-102
, shall at minimum include the three largest political subdivisions in the state that
employ, respectively, comparable positions.
(C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
Insurance Corporation, Federal Reserve, and National Credit Union Administration.
(ii) The director may cooperate with or participate in any survey conducted by other
public and private employers.
(iii) The director shall obtain information for the purpose of constructing the survey
from the Division of Workforce Information and Payment Services and shall include employer
name, number of persons employed by the employer, employer contact information and job
titles, county code, and salary if available.
(iv) The division shall acquire and protect the needed records in compliance with the
provisions of Section 
35A-4-312
.
(d) The director may incorporate any other relevant information in the plan described
in Subsection (5)(a), including information on staff turnover, recruitment data, or external
market trends.
(e) The director shall:
(i) establish criteria to assure the adequacy and accuracy of data used to make
recommendations described in this Subsection (5); and
(ii) when preparing recommendations use accepted methodologies and techniques
similar to and consistent with those used in the private sector.
(f) (i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
available foundational information used by the division or director in the drafting of a plan
described in Subsection (5)(a), including:
(A) demographic and labor market information;
(B) information on employee turnover;
(C) salary information;
(D) information on recruitment; and
(E) geographic data.
(ii) The division may not provide under Subsection (5)(f)(i) information or other data
that is proprietary or otherwise protected under the terms of a contract or by law.
(g) The governor shall:
(i) consider salary and structure adjustments recommended under Subsection (5)(b) in
preparing the executive budget and shall recommend the method of distributing the
adjustments;
(ii) submit compensation recommendations to the Legislature; and
(iii) support the recommendation with schedules indicating the cost to individual
departments and the source of funds.
(h) If funding is approved by the Legislature in a general appropriations act, the
adjustments take effect on the July 1 following the enactment unless otherwise indicated.
(6) (a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for the granting of incentive awards, including awards for cost
saving actions, awards for commendable actions by an employee, or a market-based award to
attract or retain employees.
(b) An agency may not grant a market-based award unless the award is previously
approved by the division.
(c) In accordance with Subsection (6)(b), an agency requesting the division's approval
of a market-based award shall submit a request and documentation, subject to Subsection
(6)(d), to the division.
(d) In the documentation required in Subsection (6)(c), the requesting agency shall
identify for the division:
(i) any benefit the market-based award would provide for the agency, including:
(A) budgetary advantages; or
(B) recruitment advantages;
(ii) a mission critical need to attract or retain unique or hard to find skills in the market;
or
(iii) any other advantage the agency would gain through the utilization of a
market-based award.
(7) (a) The director shall regularly evaluate the total compensation program of state
employees in the classified service.
(b) The division shall determine if employee benefits are comparable to those offered
by other private and public employers using information from:
(i) a study conducted by a third-party consultant; or
(ii) the most recent edition of a nationally recognized benefits survey.
Section 2. Section 
63C-29-101
 is enacted to read:
CHAPTER 29. STATE EMPLOYEE BENEFITS ADVISORY COMMISSION
 63C-29-101.
Definitions.
As used in this chapter:
(1) "Annual compensation plan" means the annual compensation plan described in
Section 
63A-17-307
.
(2) "Benefits advisory commission" means the State Employee Benefit Advisory
Commission created in Section 
63C-29-102
.
(3) "Total compensation" means the same as that term is defined in Section
63A-17-102
.
Section 3. Section 
63C-29-102
 is enacted to read:
 63C-29-102.
Creation of State Employee Benefits Advisory Commission --
Membership.
(1) There is created the State Employee Benefits Advisory Commission consisting of
the following members:
(a) one member of the Senate, appointed by the president of the Senate;
(b) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(c) the director of the Division of Human Resource Management, created in Section
63A-17-105
, or the director's designee;
(d) the executive director of the Governor's Office of Planning and Budget, created in
Section 
63J-4-201
, or the executive director's designee;
(e) the following four individuals who are not employed by the state or another public
entity and are appointed jointly by the president of the Senate and speaker of the House of
Representatives:
(i) an individual who has experience in health insurance benefits in the private sector;
(ii) an individual who has experience in business and employee benefits in the private
sector; and
(iii) a representative of an organization that represents the interests of state employees;
and
(f) a representative of the Public Employees' Benefit and Insurance Program, created in
Section 
49-20-103
, appointed by the executive director of the Utah State Retirement Office.
(2) (a) The member of the Senate appointed under Subsection (1)(a) is a cochair of the
benefits advisory commission.
(b) The member of the House of Representatives appointed under Subsection (1)(b) is
a cochair of the benefits advisory commission.
(3) (a) Each position described in Subsection (1)(e) is for a term of four years.
(b) A vacancy in a position appointed under Subsection (1)(a), (b), (e), or (f) shall be
filled by appointing a replacement member in the same manner as the member creating the
vacancy was appointed under Subsection (1)(a), (b), (e), or (f), respectively.
(c) If a position described in Subsection (1)(e) is vacant, the president of the Senate and
speaker of the House of Representatives shall jointly appoint the replacement member for the
remainder of the unexpired term.
(4) (a) A majority of members constitute a quorum.
(b) The action of a majority of a quorum constitutes the action of the benefits advisory
commission.
(5) The benefits advisory commission shall meet as necessary to effectively conduct
the commission's business and duties as prescribed by statute, but not less than twice a year.
(6) The Division of Human Resource Management shall provide staff support to
facilitate the function of the benefits advisory commission and record the benefits advisory
commission's action and recommendations.
(7) (a) The salary and expenses of a benefits advisory commission member who is a
legislator shall be paid in accordance with Section 
36-2-2
 and Legislative Joint Rules, Title 5,
Legislative Compensation and Expenses.
(b) A benefits advisory commission member who is not a legislator may not receive
compensation or benefits for the member's service on the benefits advisory commission, but
may receive per diem and reimbursement for travel expenses incurred as a benefits advisory
commission member at the rates established by the Division of Finance under:
(i) Sections 
63A-3-106
 and 
63A-3-107
; and
(ii) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(8) The benefits advisory commission shall comply with the provisions of Title 52,
Chapter 4, Open and Public Meetings Act.
Section 4. Section 
63C-29-103
 is enacted to read:
 63C-29-103.
Duties of benefits advisory commission.
(1) The benefits advisory commission shall:
(a) review the annual compensation plan;
(b) review proposed legislation submitted to the benefits advisory commission that
amends the health care, leave, or salary benefits for state employees while considering total
compensation; and
(c) provide recommendations, if any, for the annual compensation plan or legislation
described in Subsection (1)(b) that would make total compensation competitive with private
sector employees.
(2) (a) No later than November 1 of each year, the benefits advisory commission shall
submit a written report on the benefits advisory commission's activities and recommendations,
if any, for the annual compensation plan and legislation described in Subsection (1)(b) to the
Executive Appropriations Committee and the Retirement and Independent Entities Interim
Committee.
(b) The report submitted under Subsection (2)(a) shall comply with Section 
68-3-14
.
Section 5. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A to 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(2) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(3) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
(a) Section 
63A-18-102
 is repealed;
(b) Section 
63A-18-201
 is repealed; and
(c) Section 
63A-18-202
 is repealed.
(5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
(7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2024.
(8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2023.
(9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
July 1, 2023.
(10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
repealed July 1, 2026.
(11) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
(12) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1, 2026.
(13) Title 63C, Chapter 29, State Employee Benefits Advisory Commission, is
repealed on July 1, 2028.
[
(13)
] 
(14)
 Section 
63G-6a-805
, which creates the Purchasing from Persons with
Disabilities Advisory Board, is repealed July 1, 2026.
[
(14)
] 
(15)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
July 1, 2028.
[
(15)
] 
(16)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2024.
[
(16)
] 
(17)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(17)
] 
(18)
 Subsection 
63J-1-602.1
(17), relating to the Nurse Home Visiting Restricted
Account, is repealed July 1, 2026.
[
(18)
] 
(19)
 Subsection 
63J-1-602.2
(6), referring to dedicated credits to the Utah
Marriage Commission, is repealed July 1, 2023.
[
(19) Subsection 
63J-1-602.2
(7), referring to the Trip Reduction Program, is repealed
July 1, 2022.
]
(20) Subsection 
63J-1-602.2
(26), related to the Utah Seismic Safety Commission, is
repealed January 1, 2025.
(21) Title 63L, Chapter 11, Part 4, Resource Development Coordinating Committee, is
repealed July 1, 2027.
(22) In relation to the Utah Substance Use and Mental Health Advisory Council, on
January 1, 2033:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1)(a) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
(23) The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
(24) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
(25) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is repealed
January 1, 2025.
(26) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
(27) Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed July
1, 2028.
(28) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is repealed
July 1, 2027.
(29) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant Program, is
repealed July 1, 2025.
(30) In relation to the Rural Employment Expansion Program, on July 1, 2023:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
(31) In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
(32) Subsection 
63N-8-103
(3)(c), which allows the Governor's Office of Economic
Opportunity to issue an amount of tax credit certificates only for rural productions, is repealed
on July 1, 2024.
Section 6. 
Effective date.
This bill takes effect on July 1, 2023.