Superseded 7/1/2023

(1)  As used in this section:

Terms Used In Utah Code 67-22-2

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  “Appointed executive” means the:

(i)  commissioner of the Department of Agriculture and Food;

(ii)  commissioner of the Insurance Department;

(iii)  commissioner of the Labor Commission;

(iv)  director, Department of Alcoholic Beverage Services;

(v)  commissioner of the Department of Financial Institutions;

(vi)  executive director, Department of Commerce;

(vii)  executive director, Commission on Criminal and Juvenile Justice;

(viii)  adjutant general;

(ix)  executive director, Department of Cultural and Community Engagement;

(x)  executive director, Department of Corrections;

(xi)  commissioner, Department of Public Safety;

(xii)  executive director, Department of Natural Resources;

(xiii)  executive director, Governor’s Office of Planning and Budget;

(xiv)  executive director, Department of Government Operations;

(xv)  executive director, Department of Environmental Quality;

(xvi)  executive director, Governor’s Office of Economic Opportunity;

(xvii)  executive director, Department of Workforce Services;

(xviii)  executive director, Department of Health, Nonphysician;

(xix)  executive director, Department of Human Services;

(xx)  executive director, Department of Transportation;

(xxi)  executive director, Department of Veterans and Military Affairs; and

(xxii)  executive director, Public Lands Policy Coordinating Office, created in Section 63L-11-201.

(b)  “Board or commission executive” means:

(i)  members, Board of Pardons and Parole;

(ii)  chair, State Tax Commission;

(iii)  commissioners, State Tax Commission;

(iv)  executive director, State Tax Commission;

(v)  chair, Public Service Commission; and

(vi)  commissioners, Public Service Commission.

(c)  “Deputy” means the person who acts as the appointed executive’s second in command as determined by the Division of Human Resource Management.

(2) 

(a)  The director of the Division of Human Resource Management shall:

(i)  before October 31 of each year, recommend to the governor a compensation plan for the appointed executives and the board or commission executives; and

(ii)  base those recommendations on market salary studies conducted by the Division of Human Resource Management.

(b) 

(i)  The Division of Human Resource Management shall determine the salary range for the appointed executives by:

(A)  identifying the salary range assigned to the appointed executive’s deputy;

(B)  designating the lowest minimum salary from those deputies’ salary ranges as the minimum salary for the appointed executives’ salary range; and

(C)  designating 105% of the highest maximum salary range from those deputies’ salary ranges as the maximum salary for the appointed executives’ salary range.

(ii)  If the deputy is a medical doctor, the Division of Human Resource Management may not consider that deputy’s salary range in designating the salary range for appointed executives.

(c) 

(i)  Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for board or commission executives, the Division of Human Resource Management shall set the maximum salary in the salary range for each of those positions at 90% of the salary for district judges as established in the annual appropriation act under Section 67-8-2.

(ii)  In establishing the salary ranges for an individual described in Subsection (1)(b)(ii) or (iii), the Division of Human Resource Management shall set the maximum salary in the salary range for each of those positions at 100% of the salary for district judges as established in the annual appropriation act under Section 67-8-2.

(3) 

(a) 

(i)  Except as provided in Subsection (3)(a)(ii), the governor shall establish a specific salary for each appointed executive within the range established under Subsection (2)(b).

(ii)  If the executive director of the Department of Health is a physician, the governor shall establish a salary within the highest physician salary range established by the Division of Human Resource Management.

(iii)  The governor may provide salary increases for appointed executives within the range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).

(b)  The governor shall apply the same overtime regulations applicable to other FLSA exempt positions.

(c)  The governor may develop standards and criteria for reviewing the appointed executives.

(4)  Salaries for other Schedule A employees, as defined in Section 63A-17-301, that are not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial Salary Act, shall be established as provided in Section 63A-17-301.

(5) 

(a)  The Legislature fixes benefits for the appointed executives and the board or commission executives as follows:

(i)  the option of participating in a state retirement system established by Title 49, Utah State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered by the State Retirement Office in accordance with the Internal Revenue Code and its accompanying rules and regulations;

(ii)  health insurance;

(iii)  dental insurance;

(iv)  basic life insurance;

(v)  unemployment compensation;

(vi)  workers’ compensation;

(vii)  required employer contribution to Social Security;

(viii)  long-term disability income insurance;

(ix)  the same additional state-paid life insurance available to other noncareer service employees;

(x)  the same severance pay available to other noncareer service employees;

(xi)  the same leave, holidays, and allowances granted to Schedule B state employees as follows:

(A)  sick leave;

(B)  converted sick leave if accrued prior to January 1, 2014;

(C)  educational allowances;

(D)  holidays; and

(E)  annual leave except that annual leave shall be accrued at the maximum rate provided to Schedule B state employees;

(xii)  the option to convert accumulated sick leave to cash or insurance benefits as provided by law or rule upon resignation or retirement according to the same criteria and procedures applied to Schedule B state employees;

(xiii)  the option to purchase additional life insurance at group insurance rates according to the same criteria and procedures applied to Schedule B state employees; and

(xiv)  professional memberships if being a member of the professional organization is a requirement of the position.

(b)  Each department shall pay the cost of additional state-paid life insurance for its executive director from its existing budget.

(6)  The Legislature fixes the following additional benefits:

(a)  for the executive director of the State Tax Commission a vehicle for official and personal use;

(b)  for the executive director of the Department of Transportation a vehicle for official and personal use;

(c)  for the executive director of the Department of Natural Resources a vehicle for commute and official use;

(d)  for the commissioner of Public Safety:

(i)  an accidental death insurance policy if POST certified; and

(ii)  a public safety vehicle for official and personal use;

(e)  for the executive director of the Department of Corrections:

(i)  an accidental death insurance policy if POST certified; and

(ii)  a public safety vehicle for official and personal use;

(f)  for the adjutant general a vehicle for official and personal use; and

(g)  for each member of the Board of Pardons and Parole a vehicle for commute and official use.

Amended by Chapter 447, 2022 General Session

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