Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 429 (2024GS)

Sponsor

Rep. Christofferson, K.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• beginning January 1, 2025, classifies a state employee as exempt from career service status unless the employee:
• is in a position that requires POST certification;
• must have career service status to maintain federal funding; or
• subject to certain exceptions, was a career service employee before the employee's position was reclassified;
• permits an independent entity to voluntarily participate in the pay for performance management system;
• grants rulemaking authority to the Division of Human Resource Management;
• addresses the hiring preference for a veteran or a person with a disability; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

STATE EMPLOYMENT REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions of the Utah State Personnel Management Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ beginning January 1, 2025, classifies a state employee as exempt from career
service status unless the employee:
• is in a position that requires POST certification;
• must have career service status to maintain federal funding; or
• subject to certain exceptions, was a career service employee before the
employee's position was reclassified;
▸ permits an independent entity to voluntarily participate in the pay for performance
management system;
▸ grants rulemaking authority to the Division of Human Resource Management;
▸ addresses the hiring preference for a veteran or a person with a disability; 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-17-102
, as last amended by Laws of Utah 2022, Chapter 209
63A-17-112
, as enacted by Laws of Utah 2022, Chapter 209
63A-17-301
, as last amended by Laws of Utah 2022, Chapter 209
63A-17-305
, as renumbered and amended by Laws of Utah 2021, Chapter 344
REPEALS:
63A-17-101
, 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 
63A-17-102
 is amended to read:
63A-17-102.
Definitions.
As used in this chapter:
(1) "Agency" means any department or unit of Utah state government with authority to
employ personnel.
(2) "Career service" means [
positions under schedule B as defined in Section
63A-17-301
] 
the career service system described in Section 
63A-17-103
.
(3) "Career service employee" means an employee who [
has successfully completed a
probationary period of service in a position covered by the career service.
]
:
(a) on or after January 1, 2025, is employed in a position that is classified as a schedule
B position, if the employee successfully completes the applicable probationary period of
service for the position;
(b) (i) before January 1, 2025, successfully completes the applicable probationary
period of service in a position that, on December 31, 2024, was classified under schedule B;
and
(ii) on or after January 1, 2025, does not voluntarily:
(A) accept a career service exempt position described in Subsections 
63A-17-301
(1)(a)
through (r); or
(B) elect to convert from career service status to career service exempt status; or
(c) (i) holds a position classified as career service exempt under Subsections
63A-17-301
(1)(a) through (r); and
(ii) notwithstanding that the employee holds a position described in Subsection
(3)(c)(i), the employee has retained career service status because the employee:
(A) obtained career service status for a position before the position was reclassified
from a career service position to a career service exempt position; and
(B) has not, after the reclassification described in Subsection (3)(c)(ii)(A), voluntarily:
(I) accepted another position described in Subsections 
63A-17-301
(1)(a) through (r); or
(II) elected to convert from career service status to career service exempt status.
(4) "Career service status" means status granted to [
employees who successfully
complete probationary periods for competitive career service positions
] 
an employee employed
under the career service system described in Section 
63A-17-103
.
(5) "Classified service" means those positions subject to the classification and
compensation provisions of Section 
63A-17-307
.
(6) "Controlled substance" means controlled substance as defined in Section 
58-37-2
.
(7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
employee's current actual wage.
(b) "Demotion" does not mean:
(i) a nondisciplinary movement of an employee to another position without a reduction
in the current actual wage; or
(ii) a reclassification of an employee's position under the provisions of Subsection
63A-17-307
(3) and rules made by the department.
(8) "Director" means the director of the division.
(9) "Disability" means a physical or mental disability as defined and protected under
the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
(10) "Division" means the Division of Human Resource Management, created in
Section 
63A-17-105
.
(11) "Employee" means any individual in a paid status covered by the career service or
classified service provisions of this chapter.
(12) "Examining instruments" means written or other types of proficiency tests.
(13) "Human resource function" means those duties and responsibilities specified:
(a) under Section 
63A-17-106
;
(b) under rules of the division; and
(c) under other state or federal statute.
(14) "Market comparability adjustment" means a salary range adjustment determined
necessary through a market survey of salary data and other relevant information.
(15) "POST-certified position" means a position where the employee who holds the
position is required to:
(a) have training certification under Title 53, Chapter 6, Part 2, Peace Officer Training
and Certification Act; and
(b) maintain the training certification described in Subsection (15)(a) while employed
in the position.
[
(15)
] 
(16)
 "Probationary employee" means an employee serving a probationary period
in a career service position but who does not have career service status.
[
(16)
] 
(17)
 "Probationary period" means that period of time determined by the division
that an employee serves in a career service position as part of the hiring process before career
service status is granted to the employee.
[
(17)
] 
(18)
 "Probationary status" means the status of an employee between the
employee's hiring and the granting of career service status.
[
(18)
] 
(19)
 "Structure adjustment" means a division modification of salary ranges.
[
(19)
] 
(20)
 "Temporary employee" means career service exempt employees described
in Subsection 
63A-17-301
(1)(r).
[
(20)
] 
(21)
 "Total compensation" means salaries and wages, bonuses, paid leave, group
insurance plans, retirement, and all other benefits offered to state employees as inducements to
work for the state.
Section 2. Section 
63A-17-112
 is amended to read:
63A-17-112.
Pay for performance management system -- Employees paid for
performance.
(1) As used in this section:
(a) (i) "Agency" means, except as provided in Subsection [
(1)(a)(ii)
] 
(1)(a)(ii) or (iii)
,
the same as that term is defined in Section 
63A-17-102
.
(ii) "Agency" includes an independent entity that, in accordance with Subsection (6),
chooses to participate in the pay for performance management system.
[
(ii)
] 
(iii)
 "Agency" does not include
:
(A)
 the State Board of Education, the Office of the State Treasurer, Office of the State
Auditor, Office of the State Attorney General, Utah System of Higher Education, the
Legislature, 
or
 the judiciary[
, or, as defined in Section 
63E-1-102
, an independent entity.
]
; or
(B) an independent entity, other than an independent entity described in Subsection
(1)(a)(ii).
(b) (i) "Employee" means an employee of an agency.
(ii) "Employee" does not include an individual in a schedule AB, as described in
Section 
63A-17-301
, position.
(c) "Independent entity" means the same as that term is defined in Section 
63E-1-102
.
[
(c)
] 
(d)
 "Pay for performance" means a plan for incentivizing an employee for meeting
or exceeding production or performance goals, in which the plan is well-defined before work
begins, eligible work groups are defined, specific goals and targets for the employee are
determined, measurement procedures are in place, and specific incentives are provided when
goals and targets are met.
[
(d)
] 
(e)
 "Pay for performance management system" means the system described in
Subsection (2).
(2) The division shall [
establish and
] 
make rules
, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, [
make rules
] for the administration of a pay
for performance management system.
(3) The pay for performance management system shall include:
(a) guidelines and criteria for an agency to adopt pay for performance policies and
administer pay based on an employee's performance in furtherance of the agency's mission;
(b) employee performance ratings;
(c) requirements for written employee performance standards and expectations;
(d) supervisor verbal and written feedback based on the standards of performance and
behavior outlined in an employee's performance plan; and
(e) quarterly written evaluation of an employee's performance.
(4) In consultation with the division, no later than July 1, 2023, each agency shall:
(a) adopt pay for performance policies based on the performance management system;
and
(b) subject to available funds and as necessary, adjust an employee's wage to reflect:
(i) subject to Subsection (5), [
for a classified service employee,
] the salary range [
of
the position classified plan
] for the employee's position; and
(ii) an increase, decrease, or no change in the employee's wage:
(A) commensurate to an employee's performance as reflected by the employee's
evaluation conducted in accordance with the pay for performance management system; and
(B) in an amount that is in accordance with the guidelines and criteria established for a
wage change in the pay for performance management system.
(5) [
In
] 
The division shall make rules, in
 accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, [
the division shall make rules authorizing a classified service
]
authorizing an
 employee to receive a wage that exceeds the salary range of the [
classified
service
] employee's position [
classified plan
] if warranted based on the classified employee's
performance rating.
(6) An independent entity may participate in the pay for performance management
system by providing written notice to the division that:
(a) states the intent of the independent entity to participate in the system; and
(b) indicates that the independent entity agrees to comply with Subsection (7).
(7) An independent entity described in Subsection (6) shall comply with:
(a) this section; and
(b) the rules and policies of the division that relate to participation in the pay for
performance management system.
Section 3. Section 
63A-17-301
 is amended to read:
63A-17-301.
Career service -- Exempt positions -- Schedules for civil service
positions -- Coverage of career service provisions -- Rulemaking authority.
(1) Except as provided in Subsection (3)(d), the following positions are exempt from
the career service provisions of this chapter and are designated under the following schedules:
(a) schedule AA includes the governor, members of the Legislature, and all other
elected state officers;
(b) schedule AB includes appointed executives and board or commission executives
enumerated in Section 
67-22-2
;
(c) schedule AC includes all employees and officers in:
(i) the office and at the residence of the governor;
(ii) the Public Lands Policy Coordinating Office;
(iii) the Office of the State Auditor; and
(iv) the Office of the State Treasurer;
(d) schedule AD includes employees who:
(i) are in a confidential relationship to an agency head or commissioner; and
(ii) report directly to, and are supervised by, a department head, commissioner, or
deputy director of an agency or its equivalent;
(e) schedule AE includes each employee of the State Board of Education that the State
Board of Education designates as exempt from the career service provisions of this chapter;
(f) schedule AG includes employees in the Office of the Attorney General who are
under their own career service pay plan under Sections 
67-5-7
 through 
67-5-13
;
(g) schedule AH includes:
(i) teaching staff of all state institutions; and
(ii) employees of the Utah Schools for the Deaf and the Blind who are:
(A) educational interpreters as classified by the division; or
(B) educators as defined by Section 
53E-8-102
;
(h) schedule AN includes employees of the Legislature;
(i) schedule AO includes employees of the judiciary;
(j) schedule AP includes all judges in the judiciary;
(k) schedule AQ includes:
(i) members of state and local boards and councils appointed by the governor and
governing bodies of agencies;
(ii) a water commissioner appointed under Section 
73-5-1
;
(iii) other local officials serving in an ex officio capacity; and
(iv) officers, faculty, and other employees of state universities and other state
institutions of higher education;
(l) schedule AR includes employees in positions that involve responsibility:
(i) for determining policy;
(ii) for determining the way in which a policy is carried out; or
(iii) of a type not appropriate for career service, as determined by the agency head with
the concurrence of the director;
(m) schedule AS includes any other employee:
(i) whose appointment is required by statute to be career service exempt;
(ii) whose agency is not subject to this chapter; or
(iii) whose agency has authority to make rules regarding the performance,
compensation, and bonuses for its employees;
(n) schedule AT includes employees of the Division of Technology Services,
designated as executive/professional positions by the director of the Division of Technology
Services with the concurrence of the director of the division;
(o) schedule AU includes patients and inmates employed in state institutions;
(p) employees of the Department of Workforce Services, designated as schedule AW:
(i) who are temporary employees that are federally funded and are required to work
under federally qualified merit principles as certified by the director; or
(ii) for whom substantially all of their work is repetitive, measurable, or transaction
based, and who voluntarily apply for and are accepted by the Department of Workforce
Services to work in a pay for performance program designed by the Department of Workforce
Services with the concurrence of the director of the division;
(q) subject to Subsection (6), schedule AX includes employees in positions that:
(i) require the regular supervision and performance evaluation of one or more other
employees; and
(ii) are not designated exempt from career service under any other schedule described
in this Subsection (1); [
and
]
(r) for employees in positions that are temporary, seasonal, time limited, funding
limited, or variable hour in nature, under schedule codes and parameters established by the
division by administrative rule[
.
]
; and
(s) subject to Subsection (7), schedule AY includes a position that is not designated as
exempt from career service under any other schedule described in this Subsection (1), unless
the position is:
(i) a POST-certified position; or
(ii) a position that is rescheduled as a career service position under Subsection (3)(d).
(2) The civil service shall consist of two schedules as follows:
(a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
(ii) Removal from [
any appointive position under schedule A, unless otherwise
regulated by statute,
] 
a schedule A position
 is at the pleasure of the appointing [
officers without
regard to tenure
] 
officer, except to the extent that protections for removal from that position are
expressly provided by statute
.
(b) Schedule B is the competitive career service schedule, consisting of:
[
(i) all positions filled through competitive selection procedures as defined by the
director; or
]
[
(ii) positions filled through a division approved on-the-job examination intended to
appoint a qualified person with a disability, or a veteran in accordance with Title 71A, Chapter
2, Veterans Preference.
]
(i) a position that, on or after January 1, 2025, is filled under Section 
63A-17-305
;
(ii) a POST-certified position, if the position is classified as a schedule B position on
December 31, 2024, regardless of the day on which the position is filled; or
(iii) a position that is rescheduled as a career service position under Subsection (3)(d).
(3) (a) The director, after consultation with the heads of concerned executive branch
departments and agencies and with the approval of the governor, shall allocate positions to the
appropriate schedules under this section.
(b) Agency heads shall make requests and obtain approval from the director before
changing the schedule assignment and tenure rights of any position.
(c) Unless the director's decision is reversed by the governor, when the director denies
an agency's request, the director's decision is final.
(d) (i) An agency may file with the division a request to reschedule a position that
would otherwise be scheduled as a schedule A position.
(ii) The division shall review a request filed under Subsection (3)(d)(i) and approve the
request only if the exception is necessary to conform to a requirement imposed as a condition
precedent to receipt of federal funds or grant of a tax benefit under federal law.
(4) (a) Compensation for employees of the Legislature shall be established by the
directors of the legislative offices in accordance with Section 
36-12-7
.
(b) Compensation for employees of the judiciary shall be established by the state court
administrator in accordance with Section 
78A-2-107
.
(c) Compensation for officers, faculty, and other employees of state universities and
institutions of higher education shall be established as provided in Title 53B, Chapter 1,
Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
Higher Education.
(d) Unless otherwise provided by law, compensation for all other schedule A
employees shall be established by their appointing authorities, within ranges approved by, and
after consultation with the director.
(5) An employee who is in a position designated schedule AC and who holds career
service status on June 30, 2010, shall retain the career service status if the employee:
(a) remains in the position that the employee is in on June 30, 2010; and
(b) does not elect to convert to career service exempt status in accordance with a rule
made by the division.
(6) (a) An employee who is hired for a schedule AX position on or after July 1, 2022,
is exempt from career service status.
(b) An employee who before July 1, 2022, is a career service employee employed in a
schedule B position that is rescheduled to a schedule AX position on July 1, 2022, shall
maintain the employee's career service status for the duration of the employee's employment in
the same position unless the employee voluntarily converts to career service exempt status
before July 1, 2023.
(c) (i) Subject to Subsection (6)(c)(ii), an employee is exempt from career service
status if:
(A) before July 1, 2022, the employee was a probationary employee in a schedule B
position and had not completed the probationary period; and
(B) on July 1, 2022, the schedule B position in which the probationary employee is
employed is rescheduled as a scheduled AX position.
(ii) An employee described in Subsection (6)(c)(i):
(A) is not a probationary employee on or after July 1, 2022; and
(B) is exempt from career service status on and after July 1, 2022, unless the employee
changes employment to a schedule B position.
(d) The division shall disseminate to each employee described in Subsection (6)(b)
information on financial and other incentives for voluntary conversion to career-service exempt
status.
(e) An agency, as defined in Section 
63A-17-112
, may adopt a policy, created in
consultation with the division, for agency review of recommendations that schedule AX
employees be suspended, demoted, or dismissed from employment.
(7) (a) A employee who is hired for a schedule AY position on or after January 1,
2025, is exempt from career service status.
(b) Except as provided in Subsection (8), an employee who, on December 31, 2024, is
a career service employee in a schedule B position that is rescheduled to a schedule AY
position on January 1, 2025, maintains the employee's career service status until the employee
is no longer employed in a schedule AY or schedule B position.
(c) Subject to Subsection (7)(d), an employee is exempt from career service if:
(i) on December 31, 2024, the employee is a probationary employee in a schedule B
position;
(ii) the employee does not, before January 1, 2025, complete the probationary period
applicable to the position described in Subsection (7)(c)(i); and
(iii) on January 1, 2025, the position described in Subsection (7)(c)(i) is rescheduled as
a schedule AY position.
(d) Beginning on January 1, 2025, an employee described in Subsection (7)(c):
(i) is not a probationary employee; and
(ii) is exempt from career service unless the employee changes employment to a
schedule B position.
(8) Subsection (7)(b) does not apply if the employee voluntarily elects to convert from
career service status to career service exempt status.
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division:
(a) shall, on or before May 1, 2025, make rules establishing requirements, procedures,
and standards for recruiting, selecting, hiring, disciplining, or dismissing a career service
exempt employee; and
(b) shall make rules establishing the circumstances under which, and the manner in
which, preference is given for appointing a veteran or a qualified person with a disability to a
schedule AX or AY position.
Section 4. Section 
63A-17-305
 is amended to read:
63A-17-305.
Appointments to Schedule B positions -- Examinations -- Hiring lists
-- Probationary service -- Dismissal.
(1) 
(a)
 Each appointment to a position under Schedule B shall be made from hiring lists
of applicants who have been selected by competitive procedures as defined by the director.
(b) A schedule B position is subject to a division approved on-the-job examination
intended to appoint:
(i) a qualified person with a disability; or
(ii) a veteran, in accordance with Title 71A, Chapter 2, Veterans Preference.
(2) The director shall publicly announce information regarding career service positions:
(a) for periods of time to be determined by the director; and
(b) in a manner designed to attract the highest number of qualified applicants.
(3) The director shall make rules establishing standards for the development, approval,
and implementation of examining processes, including establishing a department approved on
the job examination to appoint a qualified person with a disability.
(4) Applicants for employment to Schedule B positions shall be eligible for
appointment based upon rules established by the director.
(5) (a) The agency head shall make appointments to fill vacancies from hiring lists for
probationary periods as defined by rule.
(b) The director shall make rules establishing probationary periods.
(6) A person serving a probationary period may not use the grievance procedures
provided in this chapter and in Title 67, Chapter 19a, Grievance Procedures, and may be
dismissed at any time by the appointing officer without hearing or appeal.
(7) Career service status shall be granted upon the successful completion of the
probationary period.
Section 5. 
Repealer.
This bill repeals:
Section 
63A-17-101
,
Title.
Section 6. 
Effective date.
This bill takes effect on January 1, 2025.