Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 192 Third Substitute (2024GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines relevant terms;
• outlines the criteria of a qualifying parental leave policy; and
• requires the state board makes rules for grants to an LEA with a qualifying policy.

Every vote on this bill

Bill text

LOCAL EDUCATION AGENCY EMPLOYEE PAID LEAVE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
 Ann Millner
LONG TITLE
General Description:
This bill creates a grant program for a local education agency (LEA) that has a parental
leave policy which meets certain criteria.
Highlighted Provisions:
This bill:
▸ defines relevant terms;
▸ outlines the criteria of a qualifying parental leave policy; and
▸ requires the state board makes rules for grants to an LEA with a qualifying policy.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-253
 (Superseded 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 7,
21, 33, 142, 167, 168, 380, 383, and 467
63I-2-253
 (Effective 07/01/24)
, as last amended by Laws of Utah 2023, Chapters 7, 21,
33, 142, 167, 168, 310, 380, 383, and 467
ENACTS:
53F-5-222
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-5-222
 is enacted to read:
 53F-5-222.
Grant for Parental leave or Postpartum recovery leave policy.
(1) As used in this section:
(a) "Parental leave" means leave hours an LEA provides to a parental leave eligible
employee.
(b) "Parental leave eligible employee" means an LEA employee who accrues paid leave
benefits in accordance with the LEA's leave policies and is:
(i) a birth parent as defined in Section 
78B-6-103
;
(ii) legally adopting a minor child, unless the individual is the spouse of the
pre-existing parent;
(iii) the intended parent of a child born under a validated gestational agreement in
accordance with Title 78B, Chapter 15, Part 8, Gestational Agreement; or
(iv) appointed the legal guardian of a minor child or incapacitated adult.
(c) "Postpartum recovery leave" means leave hours a state employer provides to a
postpartum recovery leave eligible employee to recover from childbirth.
(d) "Postpartum recovery leave eligible employee" means an employee:
(i) whom an LEA employs as a general education or special education teacher;
(ii) who accrues paid leave benefits in accordance with the LEA's leave policies; and
(iii) who gives birth to a child.
(e) "Qualified employee" means:
(i) a parental leave eligible employee; or
(ii) a postpartum recovery leave eligible employee.
(f) "Retaliatory action" means to do any of the following to an employee:
(i) dismiss the employee;
(ii) reduce the employee's compensation;
(iii) fail to increase the employee's compensation by an amount that the employee is
otherwise entitled to or was promised;
(iv) fail to promote the employee if the employee would have otherwise been
promoted; or
(v) threaten to take an action described in Subsections (1)(f)(i) through (iv).
(2) An LEA may:
(a) develop leave policies that:
(i) provides for the use and administration of parental leave and postpartum recovery
leave under this section in a manner that is not more restrictive than the parental and
postpartum recovery leave available to state employees under Section 
63A-17-511
;
(ii) provides the following types of paid leave:
(A) for a parental leave eligible employee, at least three work weeks of paid parental
leave for:
(I) the birth of the parental leave eligible employee's child;
(II) the adoption of a minor child; or
(III) the appointment of legal guardianship of a minor child or incapacitated adult; and
(B) for a postpartum recovery leave eligible employee, at least three work weeks of
paid postpartum recovery leave for recovery from childbirth;
(iii) allow a qualified employee who is part-time or who works in excess of a 40-hour
work week or the equivalent of a 40-hour work week to use the amount of parental leave or
postpartum recovery leave available to the qualified employee under this section on a pro rata
basis; and
(iv) provides a mechanism for leave sharing where practicable; and
(b) provide each employee written information regarding:
(i) a qualified employee's right to use parental leave or postpartum recovery leave
under this section; and
(ii) the availability of and process for using or contributing to the LEA's leave sharing
mechanism described in Subsection (2)(a)(iv) if the LEA has created a leave sharing
mechanism.
(3) Subject to legislative appropriations and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, the state board shall make rules establishing a funding
formula to award grants to an LEA with a parental leave policy containing the elements
described in:
(a) Subsections (2)(a)(i) through (iii) and (2)(b)(i); and
(b) Subsections (2)(a)(iv) and (2)(b)(ii).
(4) An LEA shall use a grant awarded under Subsection (3) to offset expenses related
to the LEA's parental leave policy including the hiring of a substitute teacher.
(5) Nothing in this section prohibits or otherwise limits an LEA's coordination with
another LEA to share approaches or policies designed to fulfill the requirements of this section.
Section 2. Section 
63I-2-253 (Superseded 07/01/24)
 is amended to read:
63I-2-253 (Superseded 07/01/24).
Repeal dates: Titles 53 through 53G.
(1) Section 
53-1-118
 is repealed on July 1, 2024.
(2) Section 
53-1-120
 is repealed on July 1, 2024.
(3) Section 
53-7-109
 is repealed on July 1, 2024.
(4) Section 
53-22-104
 is repealed December 31, 2023.
(5) Section 
53B-6-105.7
 is repealed July 1, 2024.
(6) Section 
53B-7-707
 regarding performance metrics for technical colleges is repealed
July 1, 2023.
(7) Section 
53B-8-114
 is repealed July 1, 2024.
(8) The following provisions, regarding the Regents' scholarship program, are repealed
on July 1, 2023:
(a) in Subsection 
53B-8-105
(12), the language that states, "or any scholarship
established under Sections 
53B-8-202
 through 
53B-8-205
";
(b) Section 
53B-8-202
;
(c) Section 
53B-8-203
;
(d) Section 
53B-8-204
; and
(e) Section 
53B-8-205
.
(9) Section 
53B-10-101
 is repealed on July 1, 2027.
(10) Subsection 
53E-1-201
(1)(s) regarding the report by the Educational Interpretation
and Translation Services Procurement Advisory Council is repealed July 1, 2024.
(11) Section 
53E-1-202.2
, regarding a Public Education Appropriations Subcommittee
evaluation and recommendations, is repealed January 1, 2024.
(12) Section 
53F-2-209
, regarding local education agency budgetary flexibility, is
repealed July 1, 2024.
(13) Subsection 
53F-2-314
(4), relating to a one-time expenditure between the at-risk
WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
(14) Section 
53F-2-524
, regarding teacher bonuses for extra work assignments, is
repealed July 1, 2024.
(15) Section 
53F-5-221
, regarding a management of energy and water pilot program, is
repealed July 1, 2028.
(16) Section 
53F-5-222
, grant for parental leave or postpartum recovery leave policy, is
repealed July 1, 2027.
[
(16)
] 
(17)
 Section 
53F-9-401
 is repealed on July 1, 2024.
[
(17)
] 
(18)
 Section 
53F-9-403
 is repealed on July 1, 2024.
[
(18)
] 
(19)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Section 
36-12-12
, make corrections necessary to ensure that sections and subsections identified
in this section are complete sentences and accurately reflect the office's perception of the
Legislature's intent.
Section 3. Section 
63I-2-253 (Effective 07/01/24)
 is amended to read:
63I-2-253 (Effective 07/01/24).
Repeal dates: Titles 53 through 53G.
(1) Subsection 
53-1-104
(1)(b), regarding the Air Ambulance Committee, is repealed
July 1, 2024.
(2) Section 
53-1-118
 is repealed on July 1, 2024.
(3) Section 
53-1-120
 is repealed on July 1, 2024.
(4) Section 
53-2d-107
, regarding the Air Ambulance Committee, is repealed July 1,
2024.
(5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
53-2d-702
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
(6) Section 
53-7-109
 is repealed on July 1, 2024.
(7) Section 
53-22-104
 is repealed December 31, 2023.
(8) Section 
53B-6-105.7
 is repealed July 1, 2024.
(9) Section 
53B-7-707
 regarding performance metrics for technical colleges is repealed
July 1, 2023.
(10) Section 
53B-8-114
 is repealed July 1, 2024.
(11) The following provisions, regarding the Regents' scholarship program, are
repealed on July 1, 2023:
(a) in Subsection 
53B-8-105
(12), the language that states, "or any scholarship
established under Sections 
53B-8-202
 through 
53B-8-205
";
(b) Section 
53B-8-202
;
(c) Section 
53B-8-203
;
(d) Section 
53B-8-204
; and
(e) Section 
53B-8-205
.
(12) Section 
53B-10-101
 is repealed on July 1, 2027.
(13) Subsection 
53E-1-201
(1)(s) regarding the report by the Educational Interpretation
and Translation Services Procurement Advisory Council is repealed July 1, 2024.
(14) Section 
53E-1-202.2
, regarding a Public Education Appropriations Subcommittee
evaluation and recommendations, is repealed January 1, 2024.
(15) Section 
53F-2-209
, regarding local education agency budgetary flexibility, is
repealed July 1, 2024.
(16) Subsection 
53F-2-314
(4), relating to a one-time expenditure between the at-risk
WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
(17) Section 
53F-2-524
, regarding teacher bonuses for extra work assignments, is
repealed July 1, 2024.
(18) Section 
53F-5-221
, regarding a management of energy and water pilot program, is
repealed July 1, 2028.
(19) Section 
53F-5-222
, grant for parental leave or postpartum recovery leave policy, is
repealed July 1, 2027.
[
(19)
] 
(20)
 Section 
53F-9-401
 is repealed on July 1, 2024.
[
(20)
] 
(21)
 Section 
53F-9-403
 is repealed on July 1, 2024.
[
(21)
] 
(22)
 On July 1, 2023, when making changes in this section, the Office of
Legislative Research and General Counsel shall, in addition to the office's authority under
Section 
36-12-12
, make corrections necessary to ensure that sections and subsections identified
in this section are complete sentences and accurately reflect the office's perception of the
Legislature's intent.
Section 4. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
 (2) The actions affecting Section 
63I-2-253
 take effect on July 1, 2024.