02-28 12:51 1st Sub. (Buff) H.B. 501
Ryan D. Wilcox proposes the following substitute bill:
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Law Enforcement Salary Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses law enforcement officer salaries.
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Highlighted Provisions:
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This bill:
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▸ requires the director of the Division of Human Resource Management to work with the
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Division of Law Enforcement and Division of Forestry, Fire, and State Lands to create
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specialized pay plans for specific positions;
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▸ requires the current salary survey for a law enforcement officer to include a survey of all
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state law enforcement agencies that employ, respectively, comparable positions; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63A-17-110, as last amended by Laws of Utah 2022, Chapters 169, 274
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63A-17-307, as last amended by Laws of Utah 2023, Chapter 489
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63A-17-110 is amended to read:
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63A-17-110 . State pay plans for DNR Ĥ→ [peace] law enforcement ←Ĥ officers and
wildland
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firefighters.
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(1) As used in this section:
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(a) "Division of Forestry, Fire, and State Lands" means the division created in Section
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65A-1-4 within the Department of Natural Resources.
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(b) "Division of Law Enforcement" means the division created in Section 79-2-702
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within the Department of Natural Resources.
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[(a)] (c) "DNR [peace] law enforcement officer" means an employee of the Department of
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Natural Resources who is designated as a [peace] law enforcement officer by law.
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[(b)] (d) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
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State Lands who is:
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(i) trained in firefighter techniques; and
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(ii) assigned to a position of hazardous duty.
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(2) The director shall:
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(a) coordinate directly with the Division of Forestry, Fire, and State Lands and the
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Division of Law Enforcement to establish [a ]specialized state pay [plan] plans for
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DNR [peace] law enforcement officers and wildland firefighters that:
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(i) meets the requirements of Section 63A-17-307;
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(ii) distinguishes the salary range and proposed pay progression for each DNR peace
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officer[ and ] ;
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(iii) distinguishes the salary range for each wildland firefighter classification;
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[(iii)] (iv) includes for each DNR Ĥ→ [peace] law enforcement ←Ĥ officer and
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wildland firefighter classification:
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(A) the minimum qualifications; and
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(B) any training requirements; and
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[(iv)] (v) provides standards for:
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(A) performance evaluation; and
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(B) promotion; and
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(b) include, in the plan described in Subsection 63A-17-307(5), recommendations on
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funding and salary increases for DNR Ĥ→ [peace] law enforcement ←Ĥ officers
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and wildland firefighters.
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Section 2. Section 63A-17-307 is amended to read:
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63A-17-307 . State pay plans -- Applicability of section -- Exemptions -- Duties of
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director.
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(1)(a) This section, and the rules made by the division under this section, apply to each
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career and noncareer employee not specifically exempted under Subsection (2).
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(b) If not exempted under Subsection (2), an employee is considered to be in classified
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service.
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(2) The following employees are exempt from this section:
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(a) members of the Legislature and legislative employees;
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(b) members of the judiciary and judicial employees;
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(c) elected members of the executive branch and employees designated as schedule AC
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as provided under Subsection 63A-17-301(1)(c);
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(d) employees of the State Board of Education;
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(e) officers, faculty, and other employees of state institutions of higher education;
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(f) employees in a position that is specified by statute to be exempt from this Subsection
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(2);
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(g) employees in the Office of the Attorney General;
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(h) department heads and other persons appointed by the governor under statute;
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(i) schedule AS employees as provided under Subsection 63A-17-301(1)(m);
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(j) department deputy directors, division directors, and other employees designated as
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schedule AD as provided under Subsection 63A-17-301(1)(d);
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(k) employees that determine and execute policy designated as schedule AR as provided
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under Subsection 63A-17-301(1)(l);
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(l) teaching staff, educational interpreters, and educators designated as schedule AH as
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provided under Subsection 63A-17-301(1)(g);
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(m) temporary employees described in Subsection 63A-17-301(1)(r);
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(n) patients and inmates designated as schedule AU as provided under Subsection
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63A-17-301(1)(o) who are employed by state institutions; and
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(o) members of state and local boards and councils and other employees designated as
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schedule AQ as provided under Subsection 63A-17-301(1)(k).
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(3)(a) The director shall prepare, maintain, and revise a position classification plan for
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each employee position not exempted under Subsection (2) to provide equal pay for
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equal work.
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(b) Classification of positions shall be based upon similarity of duties performed and
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responsibilities assumed, so that the same job requirements and the same salary
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range, subject to Section 63A-17-112, may be applied equitably to each position in
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the same class.
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(c) The director shall allocate or reallocate the position of each employee in classified
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service to one of the classes in the classification plan.
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(d)(i) The division shall conduct periodic studies and interviews to provide that the
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classification plan remains reasonably current and reflects the duties and
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responsibilities assigned to and performed by employees.
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(ii) The director shall determine the need for studies and interviews after considering
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factors such as changes in duties and responsibilities of positions or agency
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reorganizations.
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(4)(a) With the approval of the executive director and the governor, the director shall
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develop and adopt pay plans for each position in classified service.
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(b) The director shall design each pay plan to achieve, to the degree that funds permit,
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comparability of state salary ranges to the market using data obtained from private
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enterprise and other public employment for similar work.
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(c) The director shall adhere to the following in developing each pay plan:
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(i) each pay plan shall consist of sufficient salary ranges to:
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(A) permit adequate salary differential among the various classes of positions in
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the classification plan; and
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(B) reflect the normal growth and productivity potential of employees in that class.
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(ii) The director shall issue rules for the administration of pay plans.
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(d) The establishing of a salary range is a nondelegable activity and is not appealable
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under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter
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19a, Grievance Procedures, or otherwise.
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(e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, providing for:
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(i) agency approved salary adjustments within approved salary ranges, including an
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administrative salary adjustment; and
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(ii) structure adjustments that modify salary ranges, including a cost of living
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adjustment or market comparability adjustment.
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(5)(a) On or before October 31 of each year, the director shall submit an annual
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compensation plan to the executive director and the governor for consideration in the
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executive budget and to the State Employee Benefits Advisory Commission created
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in Section 63C-31-102.
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(b) The plan described in Subsection (5)(a) may include recommendations, including:
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(i) salary increases that generally affect employees, including a general increase or
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merit increase;
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(ii) salary increases that address compensation issues unique to an agency or
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occupation;
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(iii) structure adjustments, including a cost of living adjustment or market
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comparability adjustment; or
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(iv) changes to employee benefits.
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(c)(i)(A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate
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the results of a salary survey of a reasonable cross section of comparable
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positions in private and public employment in the state into the annual
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compensation plan.
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(B) The salary survey for a law enforcement officer, as defined in Section
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53-13-103, a correctional officer, as defined in Section 53-13-104, or a
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dispatcher, as defined in Section 53-6-102, shall at minimum include the three
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largest political subdivisions [in the state] and all state law enforcement agencies
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that employ, respectively, comparable positions.
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(C) The salary survey for an examiner or supervisor described in Title 7, Chapter
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1, Part 2, Department of Financial Institutions, shall at minimum include the
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Federal Deposit Insurance Corporation, Federal Reserve, and National Credit
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Union Administration.
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(ii) The director may cooperate with or participate in any survey conducted by other
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public and private employers.
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(iii) The director shall obtain information for the purpose of constructing the survey
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from the Division of Workforce Information and Payment Services and shall
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include employer name, number of persons employed by the employer, employer
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contact information and job titles, county code, and salary if available.
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(iv) The division shall acquire and protect the needed records in compliance with the
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provisions of Section 35A-4-312.
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(d) The director may incorporate any other relevant information in the plan described in
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Subsection (5)(a), including information on staff turnover, recruitment data, or
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external market trends.
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(e) The director shall:
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(i) establish criteria to assure the adequacy and accuracy of data used to make
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recommendations described in this Subsection (5); and
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(ii) when preparing recommendations use accepted methodologies and techniques
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similar to and consistent with those used in the private sector.
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(f)(i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
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available foundational information used by the division or director in the drafting
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of a plan described in Subsection (5)(a), including:
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(A) demographic and labor market information;
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(B) information on employee turnover;
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(C) salary information;
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(D) information on recruitment; and
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(E) geographic data.
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(ii) The division may not provide under Subsection (5)(f)(i) information or other data
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that is proprietary or otherwise protected under the terms of a contract or by law.
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(g) The governor shall:
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(i) consider salary and structure adjustments recommended under Subsection (5)(b)
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in preparing the executive budget and shall recommend the method of distributing
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the adjustments;
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(ii) submit compensation recommendations to the Legislature; and
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(iii) support the recommendation with schedules indicating the cost to individual
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departments and the source of funds.
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(h) If funding is approved by the Legislature in a general appropriations act, the
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adjustments take effect on the July 1 following the enactment unless otherwise
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indicated.
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(6)(a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, for the granting of incentive awards, including
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awards for cost saving actions, awards for commendable actions by an employee, or a
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market-based award to attract or retain employees.
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(b) An agency may not grant a market-based award unless the award is previously
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approved by the division.
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(c) In accordance with Subsection (6)(b), an agency requesting the division's approval of
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a market-based award shall submit a request and documentation, subject to
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Subsection (6)(d), to the division.
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(d) In the documentation required in Subsection (6)(c), the requesting agency shall
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identify for the division:
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(i) any benefit the market-based award would provide for the agency, including:
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(A) budgetary advantages; or
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(B) recruitment advantages;
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(ii) a mission critical need to attract or retain unique or hard to find skills in the
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market; or
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(iii) any other advantage the agency would gain through the utilization of a
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market-based award.
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(7)(a) The director shall regularly evaluate the total compensation program of state
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employees in the classified service.
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(b) The division shall determine if employee benefits are comparable to those offered by
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other private and public employers using information from:
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(i) a study conducted by a third-party consultant; or
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(ii) the most recent edition of a nationally recognized benefits survey.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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