Enrolled Copy H.B. 501 1 Law Enforcement Salary Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Ryan D. Wilcox Senate Sponsor: Derrin R. Owens 2 3 LONG TITLE 4 General Description: 5 This bill addresses law enforcement officer salaries. 6 Highlighted Provisions: 7 This bill: 8 ▸ requires the director of the Division of Human Resource Management to work with the 9 Division of Law Enforcement and Division of Forestry, Fire, and State Lands to create 10 specialized pay plans for specific positions; 11 ▸ requires the current salary survey for a law enforcement officer to include a survey of all 12 state law enforcement agencies that employ, respectively, comparable positions; and 13 ▸ makes technical and conforming changes. 14 Money Appropriated in this Bill: 15 None 16 Other Special Clauses: 17 None 18 Utah Code Sections Affected: 19 AMENDS: 20 63A-17-110, as last amended by Laws of Utah 2022, Chapters 169, 274 21 63A-17-307, as last amended by Laws of Utah 2023, Chapter 489 22 23 Be it enacted by the Legislature of the state of Utah: 24 Section 1. Section 63A-17-110 is amended to read: 25 63A-17-110 . State pay plans for DNR law enforcement officers and wildland 26 firefighters. 27 (1) As used in this section: 28 (a) "Division of Forestry, Fire, and State Lands" means the division created in Section H.B. 501 Enrolled Copy 29 65A-1-4 within the Department of Natural Resources. 30 (b) "Division of Law Enforcement" means the division created in Section 79-2-702 31 within the Department of Natural Resources. 32 [(a)] (c) "DNR [peace] law enforcement officer" means an employee of the Department of 33 Natural Resources who is designated as a [peace] law enforcement officer by law. 34 [(b)] (d) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and 35 State Lands who is: 36 (i) trained in firefighter techniques; and 37 (ii) assigned to a position of hazardous duty. 38 (2) The director shall: 39 (a) coordinate directly with the Division of Forestry, Fire, and State Lands and the 40 Division of Law Enforcement to establish [a ]specialized state pay [plan] plans for 41 DNR [peace] law enforcement officers and wildland firefighters that: 42 (i) meets the requirements of Section 63A-17-307; 43 (ii) distinguishes the salary range and proposed pay progression for each DNR peace 44 officer[ and ] ; 45 (iii) distinguishes the salary range for each wildland firefighter classification; 46 [(iii)] (iv) includes for each DNR [peace] law enforcement officer and wildland 47 firefighter classification: 48 (A) the minimum qualifications; and 49 (B) any training requirements; and 50 [(iv)] (v) provides standards for: 51 (A) performance evaluation; and 52 (B) promotion; and 53 (b) include, in the plan described in Subsection 63A-17-307(5), recommendations on 54 funding and salary increases for DNR [peace] law enforcement officers and wildland 55 firefighters. 56 Section 2. Section 63A-17-307 is amended to read: 57 63A-17-307 . State pay plans -- Applicability of section -- Exemptions -- Duties of 58 director. 59 (1)(a) This section, and the rules made by the division under this section, apply to each 60 career and noncareer employee not specifically exempted under Subsection (2). 61 (b) If not exempted under Subsection (2), an employee is considered to be in classified 62 service. - 2 - Enrolled Copy H.B. 501 63 (2) The following employees are exempt from this section: 64 (a) members of the Legislature and legislative employees; 65 (b) members of the judiciary and judicial employees; 66 (c) elected members of the executive branch and employees designated as schedule AC 67 as provided under Subsection 63A-17-301(1)(c); 68 (d) employees of the State Board of Education; 69 (e) officers, faculty, and other employees of state institutions of higher education; 70 (f) employees in a position that is specified by statute to be exempt from this Subsection 71 (2); 72 (g) employees in the Office of the Attorney General; 73 (h) department heads and other persons appointed by the governor under statute; 74 (i) schedule AS employees as provided under Subsection 63A-17-301(1)(m); 75 (j) department deputy directors, division directors, and other employees designated as 76 schedule AD as provided under Subsection 63A-17-301(1)(d); 77 (k) employees that determine and execute policy designated as schedule AR as provided 78 under Subsection 63A-17-301(1)(l); 79 (l) teaching staff, educational interpreters, and educators designated as schedule AH as 80 provided under Subsection 63A-17-301(1)(g); 81 (m) temporary employees described in Subsection 63A-17-301(1)(r); 82 (n) patients and inmates designated as schedule AU as provided under Subsection 83 63A-17-301(1)(o) who are employed by state institutions; and 84 (o) members of state and local boards and councils and other employees designated as 85 schedule AQ as provided under Subsection 63A-17-301(1)(k). 86 (3)(a) The director shall prepare, maintain, and revise a position classification plan for 87 each employee position not exempted under Subsection (2) to provide equal pay for 88 equal work. 89 (b) Classification of positions shall be based upon similarity of duties performed and 90 responsibilities assumed, so that the same job requirements and the same salary 91 range, subject to Section 63A-17-112, may be applied equitably to each position in 92 the same class. 93 (c) The director shall allocate or reallocate the position of each employee in classified 94 service to one of the classes in the classification plan. 95 (d)(i) The division shall conduct periodic studies and interviews to provide that the 96 classification plan remains reasonably current and reflects the duties and - 3 - H.B. 501 Enrolled Copy 97 responsibilities assigned to and performed by employees. 98 (ii) The director shall determine the need for studies and interviews after considering 99 factors such as changes in duties and responsibilities of positions or agency 100 reorganizations. 101 (4)(a) With the approval of the executive director and the governor, the director shall 102 develop and adopt pay plans for each position in classified service. 103 (b) The director shall design each pay plan to achieve, to the degree that funds permit, 104 comparability of state salary ranges to the market using data obtained from private 105 enterprise and other public employment for similar work. 106 (c) The director shall adhere to the following in developing each pay plan: 107 (i) each pay plan shall consist of sufficient salary ranges to: 108 (A) permit adequate salary differential among the various classes of positions in 109 the classification plan; and 110 (B) reflect the normal growth and productivity potential of employees in that class. 111 (ii) The director shall issue rules for the administration of pay plans. 112 (d) The establishing of a salary range is a nondelegable activity and is not appealable 113 under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter 114 19a, Grievance Procedures, or otherwise. 115 (e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah 116 Administrative Rulemaking Act, providing for: 117 (i) agency approved salary adjustments within approved salary ranges, including an 118 administrative salary adjustment; and 119 (ii) structure adjustments that modify salary ranges, including a cost of living 120 adjustment or market comparability adjustment. 121 (5)(a) On or before October 31 of each year, the director shall submit an annual 122 compensation plan to the executive director and the governor for consideration in the 123 executive budget and to the State Employee Benefits Advisory Commission created 124 in Section 63C-31-102. 125 (b) The plan described in Subsection (5)(a) may include recommendations, including: 126 (i) salary increases that generally affect employees, including a general increase or 127 merit increase; 128 (ii) salary increases that address compensation issues unique to an agency or 129 occupation; 130 (iii) structure adjustments, including a cost of living adjustment or market - 4 - Enrolled Copy H.B. 501 131 comparability adjustment; or 132 (iv) changes to employee benefits. 133 (c)(i)(A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate 134 the results of a salary survey of a reasonable cross section of comparable 135 positions in private and public employment in the state into the annual 136 compensation plan. 137 (B) The salary survey for a law enforcement officer, as defined in Section 138 53-13-103, a correctional officer, as defined in Section 53-13-104, or a 139 dispatcher, as defined in Section 53-6-102, shall at minimum include the three 140 largest political subdivisions [in the state] and all state law enforcement agencies 141 that employ, respectively, comparable positions. 142 (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 143 1, Part 2, Department of Financial Institutions, shall at minimum include the 144 Federal Deposit Insurance Corporation, Federal Reserve, and National Credit 145 Union Administration. 146 (ii) The director may cooperate with or participate in any survey conducted by other 147 public and private employers. 148 (iii) The director shall obtain information for the purpose of constructing the survey 149 from the Division of Workforce Information and Payment Services and shall 150 include employer name, number of persons employed by the employer, employer 151 contact information and job titles, county code, and salary if available. 152 (iv) The division shall acquire and protect the needed records in compliance with the 153 provisions of Section 35A-4-312. 154 (d) The director may incorporate any other relevant information in the plan described in 155 Subsection (5)(a), including information on staff turnover, recruitment data, or 156 external market trends. 157 (e) The director shall: 158 (i) establish criteria to assure the adequacy and accuracy of data used to make 159 recommendations described in this Subsection (5); and 160 (ii) when preparing recommendations use accepted methodologies and techniques 161 similar to and consistent with those used in the private sector. 162 (f)(i) Upon request and subject to Subsection (5)(f)(ii), the division shall make 163 available foundational information used by the division or director in the drafting 164 of a plan described in Subsection (5)(a), including: - 5 - H.B. 501 Enrolled Copy 165 (A) demographic and labor market information; 166 (B) information on employee turnover; 167 (C) salary information; 168 (D) information on recruitment; and 169 (E) geographic data. 170 (ii) The division may not provide under Subsection (5)(f)(i) information or other data 171 that is proprietary or otherwise protected under the terms of a contract or by law. 172 (g) The governor shall: 173 (i) consider salary and structure adjustments recommended under Subsection (5)(b) 174 in preparing the executive budget and shall recommend the method of distributing 175 the adjustments; 176 (ii) submit compensation recommendations to the Legislature; and 177 (iii) support the recommendation with schedules indicating the cost to individual 178 departments and the source of funds. 179 (h) If funding is approved by the Legislature in a general appropriations act, the 180 adjustments take effect on the July 1 following the enactment unless otherwise 181 indicated. 182 (6)(a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah 183 Administrative Rulemaking Act, for the granting of incentive awards, including 184 awards for cost saving actions, awards for commendable actions by an employee, or a 185 market-based award to attract or retain employees. 186 (b) An agency may not grant a market-based award unless the award is previously 187 approved by the division. 188 (c) In accordance with Subsection (6)(b), an agency requesting the division's approval of 189 a market-based award shall submit a request and documentation, subject to 190 Subsection (6)(d), to the division. 191 (d) In the documentation required in Subsection (6)(c), the requesting agency shall 192 identify for the division: 193 (i) any benefit the market-based award would provide for the agency, including: 194 (A) budgetary advantages; or 195 (B) recruitment advantages; 196 (ii) a mission critical need to attract or retain unique or hard to find skills in the 197 market; or 198 (iii) any other advantage the agency would gain through the utilization of a - 6 - Enrolled Copy H.B. 501 199 market-based award. 200 (7)(a) The director shall regularly evaluate the total compensation program of state 201 employees in the classified service. 202 (b) The division shall determine if employee benefits are comparable to those offered by 203 other private and public employers using information from: 204 (i) a study conducted by a third-party consultant; or 205 (ii) the most recent edition of a nationally recognized benefits survey. 206 Section 3. Effective Date. 207 This bill takes effect on May 7, 2025. - 7 -