Legislative Watch
| Bull Number | Sponser | Title | UAGE Position |
|---|---|---|---|
| HB006 | Don L. Ipson | RETIREMENT AND INDEPENDENT ENTITIES BASE BUDGET | Watching |
| This bill: provides appropriations for the use and support of certain state agencies; provides appropriations for other purposes as described; and approves employment levels for internal service funds. approves capital acquisition amounts for internal service funds. Money Appropriated in this Bill: This bill appropriates for fiscal year 2013: $3,111,000 from the General Fund; $11,474,200 from various sources as detailed in this bill. |
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| HB019 1st Subs. | Wayne A. Harper | STATE ISSUED IDENTIFICATION NUMBERS | Support |
| This bill enacts the "State Issued Identification Number Act"; defines terms; exempts the State Tax Commission and requires a government entity to phase out the use of a nine digit number as an identifying number for an individual if: the government entity can phase out the use of the number under existing appropriations; or the government entity is re-designing its information technology system and can phase out the nine digit number.
UAGE Response: This measure prevents a nine digit number from being used as a social security number resulting in potential identify theft. |
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| HB024 | Jim Bird | HEALTH INSURANCE FOR SCHOOL DISTRICTS | Watching |
| This bill requires local school boards to seek competitive bids on the health insurance benefits it offers school district employees beginning in the 2012-13 school year and every three years thereafter; and establishes criteria for the competitive bids for health care benefits.
UAGE Response: UAGE posts this bill as a likely precedent for the entire public sector. |
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| HB064 | Brian Doughty | AMENDMENTS TO PUBLIC EMPLOYEE HEALTH CARE | Support |
| This bill creates a definition for a dependent eligible for coverage under the Public Employees’ Benefit and Insurance Program Act; and defines "directly dependent upon" or "interdependent with" for purposes of an unmarried employee’s adult designee.
UAGE Response: UAGE has been involved in passage of similar legislation at the local government level. |
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| HB080 | Wayne A. Harper | REORGANIZATION OF ADMINISTRATIVE SUPPORT FUNCTIONS IN STATE AGENCIES | Watching |
| This bill: defines terms; enacts a repeal date; requires the executive director of the Department of Administrative Services to conduct a study of the administrative supportive functions performed in certain executive branch entities; requires the Department of Human Resource Management to provide payroll services to executive branch entities; |
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| HB080 1st Sub | Wayne A. Harper | REORGANIZATION OF FUNCTIONS IN STATE AGENCIES | Watching |
| This bill defines terms; enacts a repeal date; requires the executive director of the Department of Administrative Services conduct a study of the administrative supportive functions performed in certain executive branch entities; requires the Department of Human Resource Management to provide payroll services to executive branch entities.
UAGE Response: Changes from HB 80 – This bill appropriates $600,000 in dedicated credits to the Department of Human Resource |
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| HB083 | Bradley Dee | REIMBURSEMENT OF LEGAL FEES AND COSTS TO OFFICERS AND EMPLOYEES ACT AMENDMENTS | Watching |
| This bill provides that an officer or employee is not entitled to recover attorney fees and court costs on an indictment or information if, in a court or in an administrative hearing to terminate the officer or employee, the public entity of the officer or employee proves that the officer or employee engaged in the misconduct that formed the basis of the indictment or information; allows a public entity to dispute an officer’s or employee’s entitlement to attorney fees if the officer or employee engaged in the misconduct that formed the basis of the indictment or information; provides, under certain circumstances, that the public entity has the burden of proof by establishing the facts of a dispute related to an officer’s or employee’s entitlement to attorney fees by a preponderance of the evidence; |
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| HB094 | Joseph Anderson | GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE | Oppose |
| This bill defines terms; requires a government entity to conduct a study and contact private enterprise before engaging in certain commercial activity; requires the Privatization Policy Board to hold a public meeting and issue an advisory opinion about a government entity’s proposed commercial activity; grants a private enterprise a private right of action to compel compliance with requirements of the part; addresses attorney fees and court costs
UAGE Response: The Privatization Policy Board already manages the concern of this bill. |
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| HB106 | Keith Grover | LIMITATION ON COLLECTIVE BARGAINING | Oppose |
| This bill prohibits state and local government entities from engaging in collective bargaining on subjects other than wages and health benefits.
UAGE Response: Labor organizations negotiate for all pay, benefits and working conditions. To limit this to "wages and health benefits" eliminates the ability to enhance policy matters i.e. overtime, call back, tuition reimbursement, and all matters working conditions. |
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| HB121 | Lee Perry | DISABLED LAW ENFORCEMENT OFFICER AMENDMENTS | Support |
| This bill defines terms; provides that a law enforcement officer or state correctional officer shall be given a leave of absence with 100% of the officer’s salary and benefits until the officer retires or reaches the retirement age of 62 years if the officer sustains an injury: that results in 100% disability; while in the lawful discharge of the officer’s duty; and that is the result of a motor vehicle accident and the officer was not negligent in causing the accident; clarifies that an eligible officer’s 100% salary benefit for a line-of-duty disability is offset by any benefit received under workers’ compensation, long-term disability, and certain other payments. | |||
| HB139 | Wayne A. Harper | DEPARTMENT OF COMMUNITY AND CULTURE AMENDMENTS | Watching |
| This bill defines terms; changes the name of the Department of Community and Culture to the Department of Heritage and Arts; provides that the Department of Heritage and Arts is managed by the executive director and describes certain powers of the executive director; clarifies the responsibilities of the director of the Department of Heritage and Arts’ Division of Arts and Museums and of certain boards that are part of the division; moves the Division of Housing and Community Development from the Department of Community and Culture to the Department of Workforce Services; changes the name of the Division of Housing and Community Development and Housing and Community Development Division; modifies the powers and duties of the Housing and Community Division | |||
| HB196 | Stephen Sandstrom | ABUSIVE WORKPLACE POLICIES ACT | Watching |
| General Description: This bill modifies the Utah Labor Code to require policies prohibiting certain workplace practices by certain public employers.
Highlighted Provisions: This bill: enacts the Abusive Workplace Policies Act, including: defining terms; UAGE Response: Abusive Workplace Policies Act: Enacts Chapter 34A-12, Abusive Workplace Policies Act. Requires state government, higher education and administrative agencies of public education to establish a policy that provides for: a complaint procedure for an aggrieved employee; a neutral body to review the nature, severity and frequency of the alleged conduct; and remedies that include preventing future abusive conduct and remedying future harm to aggrieved employee. Detailed definitions are included for several terms including abusive conduct, abusive workplace and adverse employment action. This is basically the same as HB 292 from the 2011 general session except the definition of employer is limited to state entities and legal remedies are limited to a writ of mandamus to compel compliance. Effective date: May 8, 2012. |
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| HB246 | Michael E. Noel | COUNTY CORRECTIONAL FACILITIES FUNDING AMENDMENTS | Watching |
| This bill: directs the state to calculate reimbursement for counties that house state inmates and parolees in county facilities based on the average number of days over the previous five years, instead of the actual number of incarceration days for the prior year. | |||
| HB251 | Bradley M. Daw | UTAH STATE PERSONNEL MANAGEMENT ACT AMENDMENTS | Watching |
| This bill: requires that the executive director develop, subject to available funding, manager and supervisor training;
UAGE Response: The concept of this bill is supportable. The training function for managers and supervisors is long over due. |
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| HB251 1st Substitute | Bradley M. Daw | UTAH STATE PERSONNEL MANAGEMENT ACT AMENDMENTS | Watching |
| This bill: requires that the executive director develop, subject to available funding, manager and supervisor training; enacts provisions related to an incentive award; | |||
| HB256 | Don Ipson | RETIREMENT MODIFICATIONS | Watching |
| This bill amends definitions; provides that "initially entering" employment includes employees that move from a position not covered under a Utah Retirement System to a position that is covered; clarifies post retirement employment provisions for a retiree who returns to work within one year or who elects to earn additional service credit; provides that a domestic relations court order must be received within 12 months of the death of the member; repeals language related to presentment by a policyholder; amends the definition of regular full-time employee to provide that the minimum earnings required for an elective or appointive officer to be eligible for a retirement benefit under the Tier I Public Employees’ Systems is based on a monthly rate, not just the first month in office; clarifies that an employer must be a participating employer when an employer has applied for admission to the system; clarifies that only Tier II governors and legislators and their spouses, not all Tier II public employees, may be eligible for the governors’ and legislative paid-up group health coverage; clarifies that Tier II firefighters, including volunteer firefighters, are covered under the URS long-term disability program; provides that long-term disability claims must be made within six months, rather than one year, from the employee’s date of disability; requires an employee receiving monthly disability benefits to provide certain information and documentation requested by the office; provides that monthly disability benefits are reduced for payments made for sick leave, annual leave, or similar payments; clarifies participation requirements for employers in the Tier II systems; allows certain at-will employees to be exempt from the vesting requirement for the defined contribution plan in the Tier II Public Employees’ Retirement System; clarifies who a participating employer must cover under the Tier II Public Safety and Firefighters Systems; | |||
| HB262 | Lynn N. Hemingway | UNEMPLOYMENT BENEFITS FOR MILITARY SPOUSE | Support |
| This bill provides that the Unemployment Division will not charge benefit costs to an employer for an employee who receives unemployment benefits after voluntarily leaving employment to follow a spouse because of a spouse’s military assignment; authorizes unemployment benefits for a claimant who voluntarily leaves employment to follow a spouse to a new location if: the claimant’s spouse is a member of the United States armed forces and the claimant’s spouse has been relocated by a military assignment on active duty; it is impractical for the claimant to commute to the previous work from the new locality; and the claimant otherwise meets and follows the eligibility and reporting requirements of the Unemployment Division; | |||
| HB310 | Daniel McCay | STATE AND POLITICAL SUBDIVISION EMPLOYMENT | Oppose |
| This bill prohibits the following from considering or establishing a policy requiring consideration of seniority as a primary factor when determining whether terminate an employee while conducting a reduction in force: . a civil service commission; . a municipality; . a County Fire Civil Service System; . a sheriff or merit system commission; . a county personnel director or county legislative body; . a local district or special service district; . a president or board of trustees of an institution of higher education; . a campus board of directors or the Utah College of Applied Technology Board of Trustees; or an office, agency, or department of the executive branch, judicial branch, or legislative branch; amends state personnel management provisions; amends employment provisions of the Office of the Attorney General. UAGE Response: This bill could potentially be the start of a slow process to completely eliminate the merit system. Seniority is part of a reduction-in-force review for employees who also have performance evaluations as part of the total score to retain. Law enforcement officers have seniority as the only feature for retention in a reduction-in-force. UAGE believes this bill to be unnecessary and unfair to the public sector. |
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| SB030 | Howard Stephenson | ADMINISTRATIVE RULES REAUTHORIZATION | Watching |
| This bill reauthorizes all state agency administrative rules.
UAGE Response: Administrative Rules Reauthorization: This is the annual bill that authorized all administrative rules with the exception of a “sunset” list contained in the bill. DHRM rule R477-6-5 – Incentive Awards – is on this list because of a recent audit by the Office of the State Auditor. Bill will be held in the House until the last week of the session to allow agencies to work on amendments. Effective date – May 1, 2012 if approved by two thirds vote of legislature. |
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| SB051 | Ben McAdams | STATEWIDE NONDISCRIMINATION PROTECTION AMENDMENTS | Support |
| This bill modifies definition provisions related to employment and housing discrimination, including defining "gender identity" and "sexual orientation"; defines "political speech or activity" for purposes of employment; includes sexual orientation and gender identity as a consideration in appointments to the Antidiscrimination and Labor Advisory Council; includes sexual orientation and gender identity as a prohibited basis for discrimination in employment; prohibits political speech or activity as a basis for discrimination in employment; modifies exemptions to the Utah Fair Housing Act; includes sexual orientation and gender identity as a prohibited basis for discriminatory housing practices;
UAGE Response: This bill was tabled in the Government Operations and Political Subdivisions Standing Committee. |
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| SB099 | Mark B. Madsen | EMPLOYMENT AMENDMENTS | Watching |
| This bill defines terms; and prohibits a municipality or county from enacting or enforcing an ordinance that establishes, mandates, or requires a private employer to establish or offer an employee benefit. |
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| SB130 | Karen Mayne | WORKERS’ COMPENSATION COORDINATION OF BENEFITS AMENDMENTS | Support |
| This bill defines terms; requires a group health insurance plan to pay for medical benefits otherwise covered by the group health plan in certain circumstances while a workers’ compensation claim is pending; preserves an employer’s authority to require an employee to use employer sponsored managed care or office place wellness centers.
UAGE Response: Held by standing committee, will be sent to interim study. |
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| SB156 | John L. Valentine | ELECTED OFFICIAL RETIREMENT BENEFITS AMENDMENTS | Watching |
| This bill eliminates the governor and legislator’s post-retirement health care benefits for new governors and legislators; establishes Elected Official Post-Retirement Benefits Trust Fund for the purpose of investing funds for existing governor and legislator post-retirement health care benefits; authorizes the board of trustees for the State Post-Retirement Benefits Trust Fund to serve as trustees for the Elected Official Post-Retirement Benefits Trust Fund; and establishes procedures for the investment of and expenditures from the trust funds. Money Appropriated in this Bill: | |||
October 20, 2011 1:27 pm
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