HB 409

03-03 17:25  2nd Sub. (Gray) H.B. 409
                      Clinton D. Okerlund proposes the following substitute bill:
1Legislator Leave Amendments
                                           2026 GENERAL SESSION
                                              STATE OF UTAH
                                 Chief Sponsor: Clinton D. Okerlund
                                       Senate Sponsor: Ann Millner
2
3   LONG TITLE
4   General Description:
5This bill modifies provisions related to legislators who are public employees.
6   Highlighted Provisions:
7This bill:
8▸ provides paid leave to a state employee or teacher for the purpose of serving as a state
9   legislator;
10▸ addresses the use and administration of legislator leave;
11▸ provides that a legislator may not receive salary or accrue service credit or receive
12   retirement related contributions for time during which the legislator uses legislator leave;
13▸ allows a state employer or local education agency to seek partial reimbursement for the
14   costs related to legislator leave; and
15▸ makes technical and conforming changes.
16   Money Appropriated in this Bill:
17None
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18   Other Special Clauses:
19None
20   Utah Code Sections Affected:
21   AMENDS:
2236-2-2, as last amended by Laws of Utah 2024, Chapter 425
2336-2-3, as last amended by Laws of Utah 2016, Chapter 61
2463A-17-513, as enacted by Laws of Utah 2024, Chapter 402
25   ENACTS:
2649-11-506, Utah Code Annotated 1953
2753G-11-210, Utah Code Annotated 1953
28
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29   Be it enacted by the Legislature of the state of Utah:
30Section 1. Section 36-2-2 is amended to read:
3136-2-2 . Salaries and expenses of members -- Compensation of in-session
32   employees.
33   (1)(a) [Unless rejected or lowered] Except as provided in Section 36-2-3, beginning in
342001 and in each odd-numbered year after that year, members of the Legislature shall
35receive a salary equal to the amount recommended by the Legislative Compensation
36Commission in the last report issued by the commission in the previous
37even-numbered year.
38(b) [Unless rejected or lowered] Except as provided in Section 36-2-3, beginning in 2001
39and in each odd-numbered year after that year, members of the Legislature shall
40receive a salary for attendance at a veto-override, special session, and other
41authorized legislative meetings equal to the amount recommended by the Legislative
42Compensation Commission in the last report issued by the commission in the
43previous even-numbered year.
44   (2)(a) [Unless rejected or lowered] Except as provided in Section 36-2-3, beginning in
452001 and in each odd-numbered year after that year, the president of the Senate and
46the speaker of the House of Representatives shall receive a salary equal to the amount
47recommended by the Legislative Compensation Commission in the last report issued
48by the commission in the previous even-numbered year.
49(b) [Beginning] Except as provided in Section 36-2-3, beginning in 2001 and in each
50odd-numbered year after that year, the majority and minority leadership of each
51chamber shall receive a salary equal to the amount recommended by the Legislative
52Compensation Commission in the last report issued by the commission in the
53previous even-numbered year.
54   (3) The Legislature shall:
55(a) establish, by joint rule of the Legislature, the expenses of its members; and
56(b) ensure that the rules governing expenses are based upon:
57(i) payment of necessary expenses for attendance during legislative sessions;
58(ii) a mileage allowance; and
59(iii) reimbursement for other expenses involved in the performance of legislative
60duties.
61Section 2. Section 36-2-3 is amended to read:
6236-2-3 . Salaries of members set by Legislature and State Board of Education
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63   based on recommendations of Legislative Compensation Commission.
64   (1)(a) Except as provided in Subsection (2)[ or (3)] , (3), or (4), the salaries of members
65of the Legislature shall automatically be set beginning January 1 of each
66odd-numbered year at the amount recommended by the Legislative Compensation
67Commission in the last report issued by the commission in the preceding
68even-numbered year.
69(b) This salary recommendation shall be based on either:
70(i) a daily basis:
71(A) for each calendar day for annual general sessions; and
72(B) for each day a legislator attends veto-override and special sessions and other
73authorized legislative meetings; or
74(ii) an annualized salary.
75(c) In preparing its report, the commission may recommend salary amounts that:
76(i) take into account the amounts received by legislators for legislative expenses; and
77(ii) provide alternative salary amounts based upon the occurrence of various
78contingencies.
79   (2)(a) During an even-numbered annual general session or special session in the year
80immediately preceding the effective date of any salary change, the Legislature may
81reject or decrease the salary recommendation, but may not increase the salary
82recommendation.
83(b) If the Legislature does not act as provided in Subsection (2)(a), they have by law
84accepted the Legislative Compensation Commission's recommendations contained in
85the last report issued by the commission in the preceding even-numbered year.
86   (3) If the last report issued by the commission in an even-numbered year recommends a
87salary contingent upon certain action being taken by the Legislature, that contingent
88legislative salary:
89(a) takes effect on the day after the day that the contingent action is taken by the
90Legislature; and
91(b) supersedes any other salary in effect as of January 1.
92   (4) If a legislator elects to use legislator leave as provided in Section 53G-11-210 or
9363A-17-513, the legislator may not receive salary under this part for any day for which
94the legislator elects to use legislator leave.
95   [(4)] (5)(a) The salary for a member of the State Board of Education shall be:
96(i) the same as the salary for a member of the Legislature; and
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97(ii) except as provided in Subsection [(4)(b)] (5)(b), set in accordance with this
98section and Subsection 36-2-2(1).
99(b) For purposes of setting the salary for a member of the State Board of Education:
100(i) a calendar day for the annual general session described in Subsection (1)(b)(i)(A)
101is interpreted as a calendar day of:
102(A) a meeting of the State Board of Education; and
103(B) any other meeting authorized by the State Board of Education; and
104(ii) unless the Legislative Compensation Commission issues a revised report on or
105after July 1, 2016, the salary for a member of the State Board of Education
106through calendar year 2016 is $273 per day for each calendar day that a member
107attends a meeting described in Subsection [(4)(b)(i)(A)] (5)(b)(i)(A) or (B).
108Section 3. Section 49-11-506 is enacted to read:
10949-11-506 . Effect of legislator leave on service credit accrual and retirement
110   related contributions.
111      For any day for which an employee elects to use legislator leave as provided in Section
112   53G-11-210 or 63A-17-513:
113   (1) the employee will continue to accrue service credit;
114   (2) the participating employer shall continue to pay the employee's retirement related
115contributions; and
116   (3) the employee may not accrue service credit or receive retirement related contributions
117for the employee's service as a legislator.
118Section 4. Section 53G-11-210 is enacted to read:
11953G-11-210 . Legislator leave.
120   (1) As used in this section:
121(a) "Authorized legislative day" means the same as that term is defined in Section
12263A-17-513.
123(b) "Legislator" means:
124(i) a member of the Utah Senate;
125(ii) a member of the Utah House of Representatives; or
126(iii) an individual who has been elected as a member described in Subsection (1)(b)(i)
127or (ii), but has not yet been sworn in or begun the individual's term of office.
128(c) "Legislator leave" means the leave described in Subsection (2)(a).
129(d) "Teacher" means an individual employed by a school district or charter school who
130is required to hold an educator license issued by the state board and who has an
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131assignment to teach in a classroom.
132   (2)(a) An LEA shall develop a leave policy that grants a teacher who is a legislator paid
133leave for an authorized legislative day for the number of hours the legislator requests.
134(b) In a policy described in Subsection (2)(a), the LEA shall:
135(i) require a legislator who wishes to use legislator leave for an authorized legislative
136day that is during an annual general session, to use legislator leave for the total
137number of hours that the legislator is absent from the legislator's position during
138the annual general session; and
139(ii) ensure the policy is no more restrictive than the provisions of Section 63A-17-513.
140   (3)(a) Subject to legislative appropriation and Subsection (3)(b), upon request by a
141legislator's employer, the legislator's chamber shall reimburse the legislator's
142employer for the cost of any legislator leave the employer granted the legislator
143during the immediately preceding annual general session.
144(b) The total amount of reimbursements made under Subsection (3)(a) and Subsection
14563A-17-513(4) may not exceed the amount equal to the total savings resulting from
146legislators' ineligibility for salary under Section 36-2-3 and retirement related
147contributions under Section 49-11-506.
148   (4) If a legislator chooses not to use legislator leave for an authorized legislative day, the
149legislator and the LEA may agree to a different arrangement that accommodates the
150legislator's legislative service for the authorized legislative day.
151Section 5. Section 63A-17-513 is amended to read:
15263A-17-513 . State employer required to provide legislator leave.
153   (1) As used in this section:
154(a) "Authorized legislative day" means:
155(i) the day on which the Legislature convenes in annual general session, and each day
156after that day, until midnight of the 45th day of the annual general session;
157(ii) a special session day;
158(iii) a veto override session day;
159(iv) an interim day designated by the Legislative Management Committee;
160(v) an authorized legislative training day; or
161(vi) any other day on which a meeting of a committee, subcommittee, commission,
162task force, or other entity is held, if:
163(A) the committee, subcommittee, commission, task force, or other entity is
164created by statute or joint resolution;
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165(B) the legislator's attendance at the meeting is approved by the Legislative
166Management Committee; and
167(C) service and payment for service by the legislator is not in violation of the Utah
168Constitution, including Article V and Article VI, Sections 6 and 7.
169(b) "Authorized legislative training day" means a day that a Legislative Expenses
170Oversight Committee designates as an authorized legislative day for training or
171informational purposes, including:
172(i) chair training;
173(ii) an issue briefing;
174(iii) legislative leadership instruction;
175(iv) legislative process training;
176(v) legislative rules training;
177(vi) new legislator orientation; or
178(vii) another meeting to brief, instruct, orient, or train a legislator in relation to the
179legislator's official duties.
180(c) "Legislator" means:
181(i) a member of the Utah Senate;
182(ii) a member of the Utah House of Representatives; or
183(iii) an individual who has been elected as a member described in Subsection (1)(c)(i)
184or (ii), but has not yet been sworn in or begun the individual's term of office.
185(d) "Legislator leave" means the leave described in Subsection (2).
186[(d)] (e) "Retaliatory action" means to:
187(i) dismiss the employee;
188(ii) reduce the employee's compensation;
189(iii) fail to increase the employee's compensation by an amount that the employee is
190otherwise entitled to or was promised;
191(iv) fail to promote the employee if the employee would have otherwise been
192promoted; or
193(v) threaten to take an action described in Subsections [(1)(d)(i)] (1)(e)(i) through (iv).
194[(e)] (f) "State employer" means any employer in the state executive branch.
195   (2) A state employer who employs an individual who is a legislator:
196(a) subject to Subsection (3), shall grant paid leave to the individual on an authorized
197legislative day for the number of hours requested by the individual;
198(b) may not interfere with, or otherwise restrain the individual from, using the leave
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199described in Subsection (2)(a); and
200(c) may not take retaliatory action against the individual for using the leave described in
201Subsection (2)(a).
202   [(3) The leave described in Subsection (2) is leave without pay unless the state employer
203and the individual described in Subsection (2) agree to terms that are more favorable to
204the individual.]
205   (3) If a legislator wishes to use legislator leave for an authorized legislative day that is
206during an annual general session, the legislator shall use legislator leave for the total
207number of hours during the annual general session that the legislator is absent from the
208legislator's position with a state employer.
209   (4)(a) Subject to legislative appropriation and Subsection (4)(b), upon request by a
210legislator's state employer, the legislator's chamber shall reimburse the legislator's
211state employer for the cost of any legislator leave the state employer granted the
212legislator during the immediately preceding annual general session.
213(b) The total amount of reimbursements made under Subsection (4)(a) and Subsection
21453G-11-210(3) may not exceed the amount equal to the total savings resulting from
215legislators' ineligibility for salary under Section 36-2-3 and retirement related
216contributions under Section 49-11-506.
217   (5) If a legislator chooses not to use legislator leave for an authorized legislative day, the
218legislator and the legislator's state employer may agree to a different arrangement that
219accommodates the legislator's legislative service for the authorized legislative day.
220Section 6. Effective Date.
221   This bill takes effect on May 6, 2026.
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