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19
36-2-2
36-2-3
49-11-506
53G-11-210
63A-17-513
0
Legislator Leave Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Clinton D. Okerlund
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill modifies provisions related to legislators who are public employees.
Highlighted Provisions:
This bill:
provides paid leave to a state employee or teacher for the purpose of serving as a state
legislator;
addresses the use and administration of legislator leave;
provides that a legislator may not receive salary or accrue service credit or receive
retirement related contributions for time during which the legislator uses legislator leave;
allows a state employer or local education agency to seek partial reimbursement for the
costs related to legislator leave; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
36-2-2
, as last amended by Laws of Utah 2024, Chapter 425
36-2-3
, as last amended by Laws of Utah 2016, Chapter 61
63A-17-513
, as enacted by Laws of Utah 2024, Chapter 402
ENACTS:
49-11-506
, Utah Code Annotated 1953
53G-11-210
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
36-2-2
is amended to read:
36-2-2
. Salaries and expenses of members -- Compensation of in-session
employees.
(1)
(a)
Unless rejected or lowered
Except
as provided in Section
36-2-3
, beginning in
2001 and in each odd-numbered year after that year, members of the Legislature shall
receive a salary equal to the amount recommended by the Legislative Compensation
Commission in the last report issued by the commission in the previous
even-numbered year.
(b)
Unless rejected or lowered
Except
as provided in Section
36-2-3
, beginning in 2001
and in each odd-numbered year after that year, members of the Legislature shall
receive a salary for attendance at a veto-override, special session, and other
authorized legislative meetings equal to the amount recommended by the Legislative
Compensation Commission in the last report issued by the commission in the
previous even-numbered year.
(2)
(a)
Unless rejected or lowered
Except
as provided in Section
36-2-3
, beginning in
2001 and in each odd-numbered year after that year, the president of the Senate and
the speaker of the House of Representatives shall receive a salary equal to the amount
recommended by the Legislative Compensation Commission in the last report issued
by the commission in the previous even-numbered year.
(b)
Beginning
Except as provided in Section
36-2-3
, beginning
in 2001 and in each
odd-numbered year after that year, the majority and minority leadership of each
chamber shall receive a salary equal to the amount recommended by the Legislative
Compensation Commission in the last report issued by the commission in the
previous even-numbered year.
(3)
The Legislature shall:
(a)
establish, by joint rule of the Legislature, the expenses of its members; and
(b)
ensure that the rules governing expenses are based upon:
(i)
payment of necessary expenses for attendance during legislative sessions;
(ii)
a mileage allowance; and
(iii)
reimbursement for other expenses involved in the performance of legislative
duties.
Section 2. Section
36-2-3
is amended to read:
36-2-3
. Salaries of members set by Legislature and State Board of Education
based on recommendations of Legislative Compensation Commission.
(1)
(a)
Except as provided in Subsection
(2)
or
(3)
, (3), or (4)
, the salaries of members
of the Legislature shall automatically be set beginning January 1 of each
odd-numbered year at the amount recommended by the Legislative Compensation
Commission in the last report issued by the commission in the preceding
even-numbered year.
(b)
This salary recommendation shall be based on either:
(i)
a daily basis:
(A)
for each calendar day for annual general sessions; and
(B)
for each day a legislator attends veto-override and special sessions and other
authorized legislative meetings; or
(ii)
an annualized salary.
(c)
In preparing its report, the commission may recommend salary amounts that:
(i)
take into account the amounts received by legislators for legislative expenses; and
(ii)
provide alternative salary amounts based upon the occurrence of various
contingencies.
(2)
(a)
During an even-numbered annual general session or special session in the year
immediately preceding the effective date of any salary change, the Legislature may
reject or decrease the salary recommendation, but may not increase the salary
recommendation.
(b)
If the Legislature does not act as provided in Subsection
(2)(a)
, they have by law
accepted the Legislative Compensation Commission's recommendations contained in
the last report issued by the commission in the preceding even-numbered year.
(3)
If the last report issued by the commission in an even-numbered year recommends a
salary contingent upon certain action being taken by the Legislature, that contingent
legislative salary:
(a)
takes effect on the day after the day that the contingent action is taken by the
Legislature; and
(b)
supersedes any other salary in effect as of January 1.
(4)
If a legislator elects to use legislator leave as provided in Section
53G-11-210
or
63A-17-513
, the legislator may not receive salary under this part for any day for which
the legislator elects to use legislator leave.
(4)
(5)
(a)
The salary for a member of the State Board of Education shall be:
(i)
the same as the salary for a member of the Legislature; and
(ii)
except as provided in Subsection
(4)(b)
(5)(b)
, set in accordance with this
section and Subsection
36-2-2(1)
.
(b)
For purposes of setting the salary for a member of the State Board of Education:
(i)
a calendar day for the annual general session described in Subsection
(1)(b)(i)(A)
is interpreted as a calendar day of:
(A)
a meeting of the State Board of Education; and
(B)
any other meeting authorized by the State Board of Education; and
(ii)
unless the Legislative Compensation Commission issues a revised report on or
after July 1, 2016, the salary for a member of the State Board of Education
through calendar year 2016 is $273 per day for each calendar day that a member
attends a meeting described in Subsection
(4)(b)(i)(A)
(5)(b)(i)(A)
or
(B)
.
Section 3. Section
49-11-506
is enacted to read:
49-11-506
. Effect of legislator leave on service credit accrual and retirement
related contributions.
For any day for which an employee elects to use legislator leave as provided in Section
53G-11-210
or
63A-17-513
:
(1)
the employee will continue to accrue service credit;
(2)
the participating employer shall continue to pay the employee's retirement related
contributions; and
(3)
the employee may not accrue service credit or receive retirement related contributions
for the employee's service as a legislator.
Section 4. Section
53G-11-210
is enacted to read:
53G-11-210
. Legislator leave.
(1)
As used in this section:
(a)
"Authorized legislative day" means the same as that term is defined in Section
63A-17-513
.
(b)
"Legislator" means:
(i)
a member of the Utah Senate;
(ii)
a member of the Utah House of Representatives; or
(iii)
an individual who has been elected as a member described in Subsection
(1)(b)(i)
or
(ii)
, but has not yet been sworn in or begun the individual's term of office.
(c)
"Legislator leave" means the leave described in Subsection
(2)(a)
.
(d)
"Teacher" means an individual employed by a school district or charter school who
is required to hold an educator license issued by the state board and who has an
assignment to teach in a classroom.
(2)
(a)
An LEA shall develop a leave policy that grants a teacher who is a legislator paid
leave for an authorized legislative day for the number of hours the legislator requests.
(b)
In a policy described in Subsection
(2)(a)
, the LEA shall:
(i)
require a legislator who wishes to use legislator leave for an authorized legislative
day that is during an annual general session, to use legislator leave for the total
number of hours that the legislator is absent from the legislator's position during
the annual general session; and
(ii)
ensure the policy is no more restrictive than the provisions of Section
63A-17-513
.
(3)
(a)
Subject to legislative appropriation and Subsection
(3)(b)
, upon request by a
legislator's employer, the legislator's chamber shall reimburse the legislator's
employer for the cost of any legislator leave the employer granted the legislator
during the immediately preceding annual general session.
(b)
The total amount of reimbursements made under Subsection
(3)(a)
and Subsection
63A-17-513(4)
may not exceed the amount equal to the total savings resulting from
legislators' ineligibility for salary under Section
36-2-3
and retirement related
contributions under Section
49-11-506
.
(4)
If a legislator chooses not to use legislator leave for an authorized legislative day, the
legislator and the LEA may agree to a different arrangement that accommodates the
legislator's legislative service for the authorized legislative day.
Section 5. Section
63A-17-513
is amended to read:
63A-17-513
. State employer required to provide legislator leave.
(1)
As used in this section:
(a)
"Authorized legislative day" means:
(i)
the day on which the Legislature convenes in annual general session, and each day
after that day, until midnight of the 45th day of the annual general session;
(ii)
a special session day;
(iii)
a veto override session day;
(iv)
an interim day designated by the Legislative Management Committee;
(v)
an authorized legislative training day; or
(vi)
any other day on which a meeting of a committee, subcommittee, commission,
task force, or other entity is held, if:
(A)
the committee, subcommittee, commission, task force, or other entity is
created by statute or joint resolution;
(B)
the legislator's attendance at the meeting is approved by the Legislative
Management Committee; and
(C)
service and payment for service by the legislator is not in violation of the Utah
Constitution, including Article V and Article VI, Sections 6 and 7.
(b)
"Authorized legislative training day" means a day that a Legislative Expenses
Oversight Committee designates as an authorized legislative day for training or
informational purposes, including:
(i)
chair training;
(ii)
an issue briefing;
(iii)
legislative leadership instruction;
(iv)
legislative process training;
(v)
legislative rules training;
(vi)
new legislator orientation; or
(vii)
another meeting to brief, instruct, orient, or train a legislator in relation to the
legislator's official duties.
(c)
"Legislator" means:
(i)
a member of the Utah Senate;
(ii)
a member of the Utah House of Representatives; or
(iii)
an individual who has been elected as a member described in Subsection
(1)(c)(i)
or
(ii)
, but has not yet been sworn in or begun the individual's term of office.
(d)
"Legislator leave" means the leave described in Subsection
(2)
.
(d)
(e)
"Retaliatory action" means to:
(i)
dismiss the employee;
(ii)
reduce the employee's compensation;
(iii)
fail to increase the employee's compensation by an amount that the employee is
otherwise entitled to or was promised;
(iv)
fail to promote the employee if the employee would have otherwise been
promoted; or
(v)
threaten to take an action described in Subsections
(1)(d)(i)
(1)(e)(i)
through
(iv)
.
(e)
(f)
"State employer" means any employer in the state executive branch.
(2)
A state employer who employs an individual who is a legislator:
(a)
subject to Subsection
(3)
,
shall grant
paid
leave to the individual on an authorized
legislative day for the number of hours requested by the individual;
(b)
may not interfere with, or otherwise restrain the individual from, using the leave
described in Subsection
(2)(a)
; and
(c)
may not take retaliatory action against the individual for using the leave described in
Subsection
(2)(a)
.
(3)
The leave described in Subsection (2) is leave without pay unless the state employer
and the individual described in Subsection (2) agree to terms that are more favorable to
the individual.
(3)
If a legislator wishes to use legislator leave for an authorized legislative day that is
during an annual general session, the legislator shall use legislator leave for the total
number of hours during the annual general session that the legislator is absent from the
legislator's position with a state employer.
(4)
(a)
Subject to legislative appropriation and Subsection
(4)(b)
, upon request by a
legislator's state employer, the legislator's chamber shall reimburse the legislator's
state employer for the cost of any legislator leave the state employer granted the
legislator during the immediately preceding annual general session.
(b)
The total amount of reimbursements made under Subsection
(4)(a)
and Subsection
53G-11-210(3)
may not exceed the amount equal to the total savings resulting from
legislators' ineligibility for salary under Section
36-2-3
and retirement related
contributions under Section
49-11-506
.
(5)
If a legislator chooses not to use legislator leave for an authorized legislative day, the
legislator and the legislator's state employer may agree to a different arrangement that
accommodates the legislator's legislative service for the authorized legislative day.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 2:42 PM