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[Utah Code Table of Contents]
[TITLE 67. Table of Contents]
67-8-1 Short title.
This act shall be known and may be cited as the "Utah
Executive and Judicial Salary Act."
1981
67-8-2 Salaries of judges established annually in appropriations act - Bases of salaries.
(1) The salaries of judges of courts of record shall be set annually by the Legislature in an appropriations act.
(2) Judicial salaries shall be based upon the following percentages of the salary of a district court judge:
(a) Juvenile Court judges100%;
(b) Court of Appeals judges105%; and
(c) associate justices of the Supreme Court110%.
1996
67-8-3 Compensation plan for appointive officers - Exceptions - Legislative approval - Career status attorneys.
(1) (a) The executive director of the Department of Human Resource Management, based upon recommendations of the Executive and Judicial Compensation Commission shall, before October 31 of each year, recommend to the governor a compensation plan for appointed officers of the state except those officers whose compensation is set under Section 49-11-203 , 53A-1-302 , 53B-1-105 , or 53C-1-301 .
(b) The plan shall include salaries and wages, paid leave, group insurance plans, retirement programs, and any other benefits that may be offered to state officers.
(2) The governor shall include in each annual budget proposal to the Legislature specific recommendations on compensation for those appointed state officers in Subsection (1).
(3) (a) After consultation with the attorney general, the executive director of the Department of Human Resource Management shall place career status attorneys on a state salary schedule at a range comparable with salaries paid attorneys in private and other public employment.
(b) The attorney general and the executive director shall take into consideration the experience of the attorney, length of service with the Office of the Attorney General, quality of performance, and responsibility involved in legal assignments.
(c) The attorney general and the executive director shall
periodically adjust the salary levels for attorneys in a
career status to reasonably compensate them for full-time
employment and the restrictions placed on the private practice
of law.
2006
67-8-4 State Executive and Judicial Compensation Commission created - Composition - Appointment - Terms - Organization - Vacancies - Quorum - Compensation - Secretary.
(1) There is created a state Executive and Judicial Compensation Commission comprised of six members, not more than three of whom may be from the same political party, appointed as follows:
(a) one member appointed by the governor;
(b) one member appointed by the president of the Senate;
(c) one member appointed by the speaker of the House of Representatives;
(d) two members appointed by the other three appointed members; and
(e) one member appointed by the State Bar Commission.
(2) (a) Except as required by Subsection (2)(b), all persons appointed to the commission shall serve four-year terms or until their successors are duly appointed and qualified.
(b) Notwithstanding the requirements of Subsection (2)(a), the appointing authority shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years.
(3) (a) The commission shall select a chair and a vice chair from opposite political parties at its first meeting.
(b) Four members of the commission shall constitute a quorum.
(c) The commission shall take no action nor make any determination without the concurrence of a majority of its members being present.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) No member or employee of the legislative, judicial, or executive branch of government is eligible for appointment to the commission. The legislative fiscal analyst shall serve as an ex officio, nonvoting secretary of the commission.
(6) (a) Members shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Legislators on the committee shall receive compensation
and expenses as provided by law and legislative rule.
2001
67-8-5 Duties of commission - Salary recommendations.
(1) (a) The commission shall recommend to the Legislature salaries for:
(i) the governor, the lieutenant governor, the attorney general, the state auditor, and the state treasurer; and
(ii) justices of the Supreme Court and judges of the constitutional and statutory courts of record.
(b) The commission shall recommend to the Legislature salary ranges for the other state officers referred to in Article VII, Section 18, and enumerated in Title 67, Chapter 22, State Officer Compensation.
(2) As used in this section and for the purposes of compensation in Title 67, Chapter 22, State Officer Compensation, "state officer" means an individual at the executive level in state government. The term includes:
(a) the governor, the lieutenant governor, the attorney general, the state auditor, and the state treasurer;
(b) justices of the Supreme Court and judges of all constitutional and statutory courts of record; and
(c) full-time commissioners and executive directors of executive branch departments appointed by the governor or with his approval, who report directly to the governor, and who are enumerated in Section 67-22-2 .
(3) The commission shall:
(a) make studies and formulate recommendations concerning the wage and salary classification plan based upon factors such as educational requirements, experience, responsibility, accountability for funds and staff, comparisons with wages paid in other comparable public and private employment within this state, and other states similarly situated, and any other factors generally used in similar comprehensive wage and salary classification plans so that the plan and its administration reflect current conditions at all times;
(b) consult and advise with, and make recommendation to, the Department of Human Resource Management regarding the plan, its administration, and the position of any officer covered by the plan;
(c) submit to the Executive Appropriations Committee not later than 60 days before commencement of each annual general session:
(i) a report briefly summarizing its activities during the calendar year immediately preceding the session;
(ii) recommendations concerning revisions, modifications, or changes, if any, which should be made in the plan, its administration, or in the classification of any officer under the plan; and
(iii) specific recommendations regarding the office of governor, lieutenant governor, attorney general, state auditor, and state treasurer concerning adjustments, if any, that should be made in the salary or other emoluments of office so that all executive and judicial officers, elected or appointed, receive equitable and consistent treatment regardless of whether salaries are fixed by the Legislature or by the Department of Human Resource Management; and
(d) conduct a comprehensive review of judicial salary levels and make recommendations for judicial salaries in a report to the president of the Senate, the speaker of the House of Representatives, and the governor by November 1, prior to the convening of the general session of the Legislature in each odd-numbered year.
(4) (a) The recommendation under Subsection (3)(d) shall be based upon consultation with the Judicial Council and upon consideration for the career status of judges. It shall be based upon comparisons with salaries paid in other states and in comparable public and private employment within this state.
(b) In even-numbered years, the commission shall update its prior report, based upon the Consumer Price Index and other relevant factors, and shall forward its updated recommendations as prescribed in this section.
(5) The Judicial Council shall cooperate with the commission
in providing information on the judicial branch of government
and on the individual levels of court as requested. The director
of personnel from the Office of the Court Administrator shall
provide the salary comparison data referred to in this section
to the legislative fiscal analyst and shall provide other
staff assistance and support as requested by the legislative
fiscal analyst.
2006
67-8-6 Legislative fiscal analyst performing administrative functions for commission - Employment of professional assistance - Assistance of state agencies - Publication of reports.
Administration, budgeting, procurement, and related management
functions for the commission shall be performed by the legislative
fiscal analyst. The commission is, however, authorized to
employ professional assistance if deemed necessary and to
request assistance from any agency or institution of the
state. It may also prepare, publish, and distribute from
time to time reports of its studies and recommendations and
statements in support of its recommendations.
1981
