LEGISLATIVE GENERAL COUNSEL H.B. 462
6 Approved for Filing: T.R. Vaughn 6 1st Sub. (Buff)
6 02-23-24 3:30 PM 6
Representative Rosemary T. Lesser proposes the following substitute bill:
1 EMPLOYEE COMPENSATION AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rosemary T. Lesser
5 Senate Sponsor: Todd D. Weiler
6
7 LONG TITLE
8 General Description:
9 This bill modifies requirements related to compensation of executive branch
10 employees.
11 Highlighted Provisions:
12 This bill:
13 < requires that compensation be based on the relative ability, knowledge, and skills of
14 an employee and not on compensation paid for previous employment; and
15 < prohibits an executive branch employer from requesting that an employee or
16 prospective employee disclose compensation paid to the employee or prospective
17 employee for previous employment.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses: 1st Sub. H.B. 462
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63A-17-104, as renumbered and amended by Laws of Utah 2021, Chapter 344
25
*HB0462S01*
 1st Sub. (Buff) H.B. 462 02-23-24 3:30 PM
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63A-17-104 is amended to read:
28 63A-17-104. Discriminatory or prohibited employment practices.
29 (1) The state, the state's officers, and employees shall be governed by the provisions of
30 Section 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or prohibited
31 employment practices.
32 (2) (a) As used in this Subsection (2):
33 (i) "State employer" means a state executive branch agency, including the State Tax
34 Commission, the National Guard, and the Board of Pardons and Parole.
35 (ii) "State employer" does not include:
36 (A) an institute of higher education;
37 (B) the Utah Board of Higher Education;
38 (C) the State Board of Education;
39 (D) an independent entity, as defined in Section 63E-1-102;
40 (E) the Office of the Attorney General;
41 (F) the Office of the State Auditor; or
42 (G) the Office of the State Treasurer.
43 (b) Except as provided in Subsection (2)(c), a state employer:
44 (i) shall provide for equitable and competitive compensation, based on the relative
45 ability, knowledge, and skills of an employee º [and not based on compensation paid for previous
46 employment] » ; and
47 (ii) may not request that an employee or prospective employee disclose compensation
48 paid to the employee or prospective employee for previous employment.
49 (c) Subsection (2)(b) does not apply to an employee described in Subsection
50 63A-17-301(1)(a).
51 Section 2. Effective date.
52 This bill takes effect on May 1, 2024.
-2- House Floor Amendments 2-27-2024 ho/trv


Statutes affected:
Introduced: 63A-17-104
Amended: 63A-17-104
H.B. 462 1st Substitute (Not Adopted) Text: 63A-17-104