Utah 2025 Regular Session

Utah House Bill HB0501 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 501
1+02-28 12:51 1st Sub. (Buff) H.B. 501
2+Ryan D. Wilcox proposes the following substitute bill:
23 1
34 Law Enforcement Salary Amendments
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Ryan D. Wilcox
7-Senate Sponsor: Derrin R. Owens
8+Senate Sponsor:
89 2
910
1011 3
1112 LONG TITLE
1213 4
1314 General Description:
1415 5
1516 This bill addresses law enforcement officer salaries.
1617 6
1718 Highlighted Provisions:
1819 7
1920 This bill:
2021 8
2122 ▸ requires the director of the Division of Human Resource Management to work with the
2223 9
2324 Division of Law Enforcement and Division of Forestry, Fire, and State Lands to create
2425 10
2526 specialized pay plans for specific positions;
2627 11
2728 ▸ requires the current salary survey for a law enforcement officer to include a survey of all
2829 12
2930 state law enforcement agencies that employ, respectively, comparable positions; and
3031 13
3132 ▸ makes technical and conforming changes.
3233 14
3334 Money Appropriated in this Bill:
3435 15
3536 None
3637 16
3738 Other Special Clauses:
3839 17
3940 None
4041 18
4142 Utah Code Sections Affected:
4243 19
4344 AMENDS:
4445 20
4546 63A-17-110, as last amended by Laws of Utah 2022, Chapters 169, 274
4647 21
4748 63A-17-307, as last amended by Laws of Utah 2023, Chapter 489
4849 22
4950
5051 23
5152 Be it enacted by the Legislature of the state of Utah:
5253 24
5354 Section 1. Section 63A-17-110 is amended to read:
5455 25
55-63A-17-110 . State pay plans for DNR law enforcement officers and wildland
56+63A-17-110 . State pay plans for DNR Ĥ→ [peace] law enforcement ←Ĥ officers and
57+wildland
58+25a
59+firefighters.
5660 26
57-firefighters.
61+(1) As used in this section:
62+1st Sub. H.B. 501 1st Sub. (Buff) H.B. 501 02-28 12:51
5863 27
59-(1) As used in this section:
64+(a) "Division of Forestry, Fire, and State Lands" means the division created in Section
6065 28
61-(a) "Division of Forestry, Fire, and State Lands" means the division created in Section H.B. 501 Enrolled Copy
66+65A-1-4 within the Department of Natural Resources.
6267 29
63-65A-1-4 within the Department of Natural Resources.
68+(b) "Division of Law Enforcement" means the division created in Section 79-2-702
6469 30
65-(b) "Division of Law Enforcement" means the division created in Section 79-2-702
70+within the Department of Natural Resources.
6671 31
67-within the Department of Natural Resources.
72+[(a)] (c) "DNR [peace] law enforcement officer" means an employee of the Department of
6873 32
69-[(a)] (c) "DNR [peace] law enforcement officer" means an employee of the Department of
74+Natural Resources who is designated as a [peace] law enforcement officer by law.
7075 33
71-Natural Resources who is designated as a [peace] law enforcement officer by law.
76+[(b)] (d) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
7277 34
73-[(b)] (d) "Wildland firefighter" means an employee of the Division of Forestry, Fire, and
78+State Lands who is:
7479 35
75-State Lands who is:
80+(i) trained in firefighter techniques; and
7681 36
77-(i) trained in firefighter techniques; and
82+(ii) assigned to a position of hazardous duty.
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79-(ii) assigned to a position of hazardous duty.
84+(2) The director shall:
8085 38
81-(2) The director shall:
86+(a) coordinate directly with the Division of Forestry, Fire, and State Lands and the
8287 39
83-(a) coordinate directly with the Division of Forestry, Fire, and State Lands and the
88+Division of Law Enforcement to establish [a ]specialized state pay [plan] plans for
8489 40
85-Division of Law Enforcement to establish [a ]specialized state pay [plan] plans for
90+DNR [peace] law enforcement officers and wildland firefighters that:
8691 41
87-DNR [peace] law enforcement officers and wildland firefighters that:
92+(i) meets the requirements of Section 63A-17-307;
8893 42
89-(i) meets the requirements of Section 63A-17-307;
94+(ii) distinguishes the salary range and proposed pay progression for each DNR peace
9095 43
91-(ii) distinguishes the salary range and proposed pay progression for each DNR peace
96+officer[ and ] ;
9297 44
93-officer[ and ] ;
98+(iii) distinguishes the salary range for each wildland firefighter classification;
9499 45
95-(iii) distinguishes the salary range for each wildland firefighter classification;
100+[(iii)] (iv) includes for each DNR Ĥ→ [peace] law enforcement ←Ĥ officer and
101+45a
102+wildland firefighter classification:
96103 46
97-[(iii)] (iv) includes for each DNR [peace] law enforcement officer and wildland
104+(A) the minimum qualifications; and
98105 47
99-firefighter classification:
106+(B) any training requirements; and
100107 48
101-(A) the minimum qualifications; and
108+[(iv)] (v) provides standards for:
102109 49
103-(B) any training requirements; and
110+(A) performance evaluation; and
104111 50
105-[(iv)] (v) provides standards for:
112+(B) promotion; and
106113 51
107-(A) performance evaluation; and
114+(b) include, in the plan described in Subsection 63A-17-307(5), recommendations on
108115 52
109-(B) promotion; and
116+funding and salary increases for DNR Ĥ→ [peace] law enforcement ←Ĥ officers
117+52a
118+and wildland firefighters.
110119 53
111-(b) include, in the plan described in Subsection 63A-17-307(5), recommendations on
120+Section 2. Section 63A-17-307 is amended to read:
112121 54
113-funding and salary increases for DNR [peace] law enforcement officers and wildland
122+63A-17-307 . State pay plans -- Applicability of section -- Exemptions -- Duties of
114123 55
115-firefighters.
124+director.
116125 56
117-Section 2. Section 63A-17-307 is amended to read:
126+(1)(a) This section, and the rules made by the division under this section, apply to each
118127 57
119-63A-17-307 . State pay plans -- Applicability of section -- Exemptions -- Duties of
128+career and noncareer employee not specifically exempted under Subsection (2).
120129 58
121-director.
130+(b) If not exempted under Subsection (2), an employee is considered to be in classified
131+- 2 - 02-28 12:51 1st Sub. (Buff) H.B. 501
122132 59
123-(1)(a) This section, and the rules made by the division under this section, apply to each
133+service.
124134 60
125-career and noncareer employee not specifically exempted under Subsection (2).
135+(2) The following employees are exempt from this section:
126136 61
127-(b) If not exempted under Subsection (2), an employee is considered to be in classified
137+(a) members of the Legislature and legislative employees;
128138 62
129-service.
130-- 2 - Enrolled Copy H.B. 501
139+(b) members of the judiciary and judicial employees;
131140 63
132-(2) The following employees are exempt from this section:
141+(c) elected members of the executive branch and employees designated as schedule AC
133142 64
134-(a) members of the Legislature and legislative employees;
143+as provided under Subsection 63A-17-301(1)(c);
135144 65
136-(b) members of the judiciary and judicial employees;
145+(d) employees of the State Board of Education;
137146 66
138-(c) elected members of the executive branch and employees designated as schedule AC
147+(e) officers, faculty, and other employees of state institutions of higher education;
139148 67
140-as provided under Subsection 63A-17-301(1)(c);
149+(f) employees in a position that is specified by statute to be exempt from this Subsection
141150 68
142-(d) employees of the State Board of Education;
151+(2);
143152 69
144-(e) officers, faculty, and other employees of state institutions of higher education;
153+(g) employees in the Office of the Attorney General;
145154 70
146-(f) employees in a position that is specified by statute to be exempt from this Subsection
155+(h) department heads and other persons appointed by the governor under statute;
147156 71
148-(2);
157+(i) schedule AS employees as provided under Subsection 63A-17-301(1)(m);
149158 72
150-(g) employees in the Office of the Attorney General;
159+(j) department deputy directors, division directors, and other employees designated as
151160 73
152-(h) department heads and other persons appointed by the governor under statute;
161+schedule AD as provided under Subsection 63A-17-301(1)(d);
153162 74
154-(i) schedule AS employees as provided under Subsection 63A-17-301(1)(m);
163+(k) employees that determine and execute policy designated as schedule AR as provided
155164 75
156-(j) department deputy directors, division directors, and other employees designated as
165+under Subsection 63A-17-301(1)(l);
157166 76
158-schedule AD as provided under Subsection 63A-17-301(1)(d);
167+(l) teaching staff, educational interpreters, and educators designated as schedule AH as
159168 77
160-(k) employees that determine and execute policy designated as schedule AR as provided
169+provided under Subsection 63A-17-301(1)(g);
161170 78
162-under Subsection 63A-17-301(1)(l);
171+(m) temporary employees described in Subsection 63A-17-301(1)(r);
163172 79
164-(l) teaching staff, educational interpreters, and educators designated as schedule AH as
173+(n) patients and inmates designated as schedule AU as provided under Subsection
165174 80
166-provided under Subsection 63A-17-301(1)(g);
175+63A-17-301(1)(o) who are employed by state institutions; and
167176 81
168-(m) temporary employees described in Subsection 63A-17-301(1)(r);
177+(o) members of state and local boards and councils and other employees designated as
169178 82
170-(n) patients and inmates designated as schedule AU as provided under Subsection
179+schedule AQ as provided under Subsection 63A-17-301(1)(k).
171180 83
172-63A-17-301(1)(o) who are employed by state institutions; and
181+(3)(a) The director shall prepare, maintain, and revise a position classification plan for
173182 84
174-(o) members of state and local boards and councils and other employees designated as
183+each employee position not exempted under Subsection (2) to provide equal pay for
175184 85
176-schedule AQ as provided under Subsection 63A-17-301(1)(k).
185+equal work.
177186 86
178-(3)(a) The director shall prepare, maintain, and revise a position classification plan for
187+(b) Classification of positions shall be based upon similarity of duties performed and
179188 87
180-each employee position not exempted under Subsection (2) to provide equal pay for
189+responsibilities assumed, so that the same job requirements and the same salary
181190 88
182-equal work.
191+range, subject to Section 63A-17-112, may be applied equitably to each position in
183192 89
184-(b) Classification of positions shall be based upon similarity of duties performed and
193+the same class.
185194 90
186-responsibilities assumed, so that the same job requirements and the same salary
195+(c) The director shall allocate or reallocate the position of each employee in classified
187196 91
188-range, subject to Section 63A-17-112, may be applied equitably to each position in
197+service to one of the classes in the classification plan.
189198 92
190-the same class.
199+(d)(i) The division shall conduct periodic studies and interviews to provide that the
200+- 3 - 1st Sub. (Buff) H.B. 501 02-28 12:51
191201 93
192-(c) The director shall allocate or reallocate the position of each employee in classified
202+classification plan remains reasonably current and reflects the duties and
193203 94
194-service to one of the classes in the classification plan.
204+responsibilities assigned to and performed by employees.
195205 95
196-(d)(i) The division shall conduct periodic studies and interviews to provide that the
206+(ii) The director shall determine the need for studies and interviews after considering
197207 96
198-classification plan remains reasonably current and reflects the duties and
199-- 3 - H.B. 501 Enrolled Copy
208+factors such as changes in duties and responsibilities of positions or agency
200209 97
201-responsibilities assigned to and performed by employees.
210+reorganizations.
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203-(ii) The director shall determine the need for studies and interviews after considering
212+(4)(a) With the approval of the executive director and the governor, the director shall
204213 99
205-factors such as changes in duties and responsibilities of positions or agency
214+develop and adopt pay plans for each position in classified service.
206215 100
207-reorganizations.
216+(b) The director shall design each pay plan to achieve, to the degree that funds permit,
208217 101
209-(4)(a) With the approval of the executive director and the governor, the director shall
218+comparability of state salary ranges to the market using data obtained from private
210219 102
211-develop and adopt pay plans for each position in classified service.
220+enterprise and other public employment for similar work.
212221 103
213-(b) The director shall design each pay plan to achieve, to the degree that funds permit,
222+(c) The director shall adhere to the following in developing each pay plan:
214223 104
215-comparability of state salary ranges to the market using data obtained from private
224+(i) each pay plan shall consist of sufficient salary ranges to:
216225 105
217-enterprise and other public employment for similar work.
226+(A) permit adequate salary differential among the various classes of positions in
218227 106
219-(c) The director shall adhere to the following in developing each pay plan:
228+the classification plan; and
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221-(i) each pay plan shall consist of sufficient salary ranges to:
230+(B) reflect the normal growth and productivity potential of employees in that class.
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223-(A) permit adequate salary differential among the various classes of positions in
232+(ii) The director shall issue rules for the administration of pay plans.
224233 109
225-the classification plan; and
234+(d) The establishing of a salary range is a nondelegable activity and is not appealable
226235 110
227-(B) reflect the normal growth and productivity potential of employees in that class.
236+under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter
228237 111
229-(ii) The director shall issue rules for the administration of pay plans.
238+19a, Grievance Procedures, or otherwise.
230239 112
231-(d) The establishing of a salary range is a nondelegable activity and is not appealable
240+(e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah
232241 113
233-under the grievance procedures of Part 6, Grievance Provisions, Title 67, Chapter
242+Administrative Rulemaking Act, providing for:
234243 114
235-19a, Grievance Procedures, or otherwise.
244+(i) agency approved salary adjustments within approved salary ranges, including an
236245 115
237-(e) The director shall make rules, accordance with Title 63G, Chapter 3, Utah
246+administrative salary adjustment; and
238247 116
239-Administrative Rulemaking Act, providing for:
248+(ii) structure adjustments that modify salary ranges, including a cost of living
240249 117
241-(i) agency approved salary adjustments within approved salary ranges, including an
250+adjustment or market comparability adjustment.
242251 118
243-administrative salary adjustment; and
252+(5)(a) On or before October 31 of each year, the director shall submit an annual
244253 119
245-(ii) structure adjustments that modify salary ranges, including a cost of living
254+compensation plan to the executive director and the governor for consideration in the
246255 120
247-adjustment or market comparability adjustment.
256+executive budget and to the State Employee Benefits Advisory Commission created
248257 121
249-(5)(a) On or before October 31 of each year, the director shall submit an annual
258+in Section 63C-31-102.
250259 122
251-compensation plan to the executive director and the governor for consideration in the
260+(b) The plan described in Subsection (5)(a) may include recommendations, including:
252261 123
253-executive budget and to the State Employee Benefits Advisory Commission created
262+(i) salary increases that generally affect employees, including a general increase or
254263 124
255-in Section 63C-31-102.
264+merit increase;
256265 125
257-(b) The plan described in Subsection (5)(a) may include recommendations, including:
266+(ii) salary increases that address compensation issues unique to an agency or
258267 126
259-(i) salary increases that generally affect employees, including a general increase or
268+occupation;
269+- 4 - 02-28 12:51 1st Sub. (Buff) H.B. 501
260270 127
261-merit increase;
271+(iii) structure adjustments, including a cost of living adjustment or market
262272 128
263-(ii) salary increases that address compensation issues unique to an agency or
273+comparability adjustment; or
264274 129
265-occupation;
275+(iv) changes to employee benefits.
266276 130
267-(iii) structure adjustments, including a cost of living adjustment or market
268-- 4 - Enrolled Copy H.B. 501
277+(c)(i)(A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate
269278 131
270-comparability adjustment; or
279+the results of a salary survey of a reasonable cross section of comparable
271280 132
272-(iv) changes to employee benefits.
281+positions in private and public employment in the state into the annual
273282 133
274-(c)(i)(A) Subject to Subsection (5)(c)(i)(B) or (C), the director shall incorporate
283+compensation plan.
275284 134
276-the results of a salary survey of a reasonable cross section of comparable
285+(B) The salary survey for a law enforcement officer, as defined in Section
277286 135
278-positions in private and public employment in the state into the annual
287+53-13-103, a correctional officer, as defined in Section 53-13-104, or a
279288 136
280-compensation plan.
289+dispatcher, as defined in Section 53-6-102, shall at minimum include the three
281290 137
282-(B) The salary survey for a law enforcement officer, as defined in Section
291+largest political subdivisions [in the state] and all state law enforcement agencies
283292 138
284-53-13-103, a correctional officer, as defined in Section 53-13-104, or a
293+that employ, respectively, comparable positions.
285294 139
286-dispatcher, as defined in Section 53-6-102, shall at minimum include the three
295+(C) The salary survey for an examiner or supervisor described in Title 7, Chapter
287296 140
288-largest political subdivisions [in the state] and all state law enforcement agencies
297+1, Part 2, Department of Financial Institutions, shall at minimum include the
289298 141
290-that employ, respectively, comparable positions.
299+Federal Deposit Insurance Corporation, Federal Reserve, and National Credit
291300 142
292-(C) The salary survey for an examiner or supervisor described in Title 7, Chapter
301+Union Administration.
293302 143
294-1, Part 2, Department of Financial Institutions, shall at minimum include the
303+(ii) The director may cooperate with or participate in any survey conducted by other
295304 144
296-Federal Deposit Insurance Corporation, Federal Reserve, and National Credit
305+public and private employers.
297306 145
298-Union Administration.
307+(iii) The director shall obtain information for the purpose of constructing the survey
299308 146
300-(ii) The director may cooperate with or participate in any survey conducted by other
309+from the Division of Workforce Information and Payment Services and shall
301310 147
302-public and private employers.
311+include employer name, number of persons employed by the employer, employer
303312 148
304-(iii) The director shall obtain information for the purpose of constructing the survey
313+contact information and job titles, county code, and salary if available.
305314 149
306-from the Division of Workforce Information and Payment Services and shall
315+(iv) The division shall acquire and protect the needed records in compliance with the
307316 150
308-include employer name, number of persons employed by the employer, employer
317+provisions of Section 35A-4-312.
309318 151
310-contact information and job titles, county code, and salary if available.
319+(d) The director may incorporate any other relevant information in the plan described in
311320 152
312-(iv) The division shall acquire and protect the needed records in compliance with the
321+Subsection (5)(a), including information on staff turnover, recruitment data, or
313322 153
314-provisions of Section 35A-4-312.
323+external market trends.
315324 154
316-(d) The director may incorporate any other relevant information in the plan described in
325+(e) The director shall:
317326 155
318-Subsection (5)(a), including information on staff turnover, recruitment data, or
327+(i) establish criteria to assure the adequacy and accuracy of data used to make
319328 156
320-external market trends.
329+recommendations described in this Subsection (5); and
321330 157
322-(e) The director shall:
331+(ii) when preparing recommendations use accepted methodologies and techniques
323332 158
324-(i) establish criteria to assure the adequacy and accuracy of data used to make
333+similar to and consistent with those used in the private sector.
325334 159
326-recommendations described in this Subsection (5); and
335+(f)(i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
327336 160
328-(ii) when preparing recommendations use accepted methodologies and techniques
337+available foundational information used by the division or director in the drafting
338+- 5 - 1st Sub. (Buff) H.B. 501 02-28 12:51
329339 161
330-similar to and consistent with those used in the private sector.
340+of a plan described in Subsection (5)(a), including:
331341 162
332-(f)(i) Upon request and subject to Subsection (5)(f)(ii), the division shall make
342+(A) demographic and labor market information;
333343 163
334-available foundational information used by the division or director in the drafting
344+(B) information on employee turnover;
335345 164
336-of a plan described in Subsection (5)(a), including:
337-- 5 - H.B. 501 Enrolled Copy
346+(C) salary information;
338347 165
339-(A) demographic and labor market information;
348+(D) information on recruitment; and
340349 166
341-(B) information on employee turnover;
350+(E) geographic data.
342351 167
343-(C) salary information;
352+(ii) The division may not provide under Subsection (5)(f)(i) information or other data
344353 168
345-(D) information on recruitment; and
354+that is proprietary or otherwise protected under the terms of a contract or by law.
346355 169
347-(E) geographic data.
356+(g) The governor shall:
348357 170
349-(ii) The division may not provide under Subsection (5)(f)(i) information or other data
358+(i) consider salary and structure adjustments recommended under Subsection (5)(b)
350359 171
351-that is proprietary or otherwise protected under the terms of a contract or by law.
360+in preparing the executive budget and shall recommend the method of distributing
352361 172
353-(g) The governor shall:
362+the adjustments;
354363 173
355-(i) consider salary and structure adjustments recommended under Subsection (5)(b)
364+(ii) submit compensation recommendations to the Legislature; and
356365 174
357-in preparing the executive budget and shall recommend the method of distributing
366+(iii) support the recommendation with schedules indicating the cost to individual
358367 175
359-the adjustments;
368+departments and the source of funds.
360369 176
361-(ii) submit compensation recommendations to the Legislature; and
370+(h) If funding is approved by the Legislature in a general appropriations act, the
362371 177
363-(iii) support the recommendation with schedules indicating the cost to individual
372+adjustments take effect on the July 1 following the enactment unless otherwise
364373 178
365-departments and the source of funds.
374+indicated.
366375 179
367-(h) If funding is approved by the Legislature in a general appropriations act, the
376+(6)(a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
368377 180
369-adjustments take effect on the July 1 following the enactment unless otherwise
378+Administrative Rulemaking Act, for the granting of incentive awards, including
370379 181
371-indicated.
380+awards for cost saving actions, awards for commendable actions by an employee, or a
372381 182
373-(6)(a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
382+market-based award to attract or retain employees.
374383 183
375-Administrative Rulemaking Act, for the granting of incentive awards, including
384+(b) An agency may not grant a market-based award unless the award is previously
376385 184
377-awards for cost saving actions, awards for commendable actions by an employee, or a
386+approved by the division.
378387 185
379-market-based award to attract or retain employees.
388+(c) In accordance with Subsection (6)(b), an agency requesting the division's approval of
380389 186
381-(b) An agency may not grant a market-based award unless the award is previously
390+a market-based award shall submit a request and documentation, subject to
382391 187
383-approved by the division.
392+Subsection (6)(d), to the division.
384393 188
385-(c) In accordance with Subsection (6)(b), an agency requesting the division's approval of
394+(d) In the documentation required in Subsection (6)(c), the requesting agency shall
386395 189
387-a market-based award shall submit a request and documentation, subject to
396+identify for the division:
388397 190
389-Subsection (6)(d), to the division.
398+(i) any benefit the market-based award would provide for the agency, including:
390399 191
391-(d) In the documentation required in Subsection (6)(c), the requesting agency shall
400+(A) budgetary advantages; or
392401 192
393-identify for the division:
402+(B) recruitment advantages;
394403 193
395-(i) any benefit the market-based award would provide for the agency, including:
404+(ii) a mission critical need to attract or retain unique or hard to find skills in the
396405 194
397-(A) budgetary advantages; or
406+market; or
407+- 6 - 02-28 12:51 1st Sub. (Buff) H.B. 501
398408 195
399-(B) recruitment advantages;
409+(iii) any other advantage the agency would gain through the utilization of a
400410 196
401-(ii) a mission critical need to attract or retain unique or hard to find skills in the
411+market-based award.
402412 197
403-market; or
413+(7)(a) The director shall regularly evaluate the total compensation program of state
404414 198
405-(iii) any other advantage the agency would gain through the utilization of a
406-- 6 - Enrolled Copy H.B. 501
415+employees in the classified service.
407416 199
408-market-based award.
417+(b) The division shall determine if employee benefits are comparable to those offered by
409418 200
410-(7)(a) The director shall regularly evaluate the total compensation program of state
419+other private and public employers using information from:
411420 201
412-employees in the classified service.
421+(i) a study conducted by a third-party consultant; or
413422 202
414-(b) The division shall determine if employee benefits are comparable to those offered by
423+(ii) the most recent edition of a nationally recognized benefits survey.
415424 203
416-other private and public employers using information from:
425+Section 3. Effective Date.
417426 204
418-(i) a study conducted by a third-party consultant; or
419-205
420-(ii) the most recent edition of a nationally recognized benefits survey.
421-206
422-Section 3. Effective Date.
423-207
424427 This bill takes effect on May 7, 2025.
425428 - 7 -