United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-104, 2024

An interlocal entity that employs a legislator must grant requested leave on an authorized legislative day, and it may not interfere with that leave or retaliate for using it, unless Subsection (4) applies.

Source excerpt

committee designationcompensationleavepromotionretaliationtrainingwage treatment

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2024
Dates: Enacted 2024

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Dates: Enacted 2024

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“An interlocal entity that employs a legislator must grant requested leave on an authorized legislative day, and it may not interfere with that leave or retaliate for using it, unless Subsection (4) applies.”

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Interlocal entity required to provide leave to a legislator on an authorized legislative day.

Section 11-13-104

Subsection 11-13-104(1)(a)(vi)(A)

the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;

Section 11-13-104(1)(a)(vi)(A)

Subsection 11-13-104(1)(b)(vi)

new legislator orientation; or

Section 11-13-104(1)(b)(vi)

Subsection 11-13-104(1)(d)(ii)

reduce the employee's compensation;

Section 11-13-104(1)(d)(ii)

Subsection 11-13-104(4)

An interlocal entity is exempt from complying with Subsection (2) if its governing authority determines compliance would cause significant difficulty or expense in light of the entity’s size, financial resources, nature, or structure.

Section 11-13-104(4)

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Source record from le.utah.gov · Enacted 2024

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Showing 36 of 36 provisions

Provision 36

Part 11-13-1

part 11-13-1 General Provisions

§ 11-13-104Interlocal entity required to provide leave to a legislator on an authorized legislative day.Provision

Source excerpt

Interlocal entity required to provide leave to a legislator on an authorized legislative day. As used in this section: "Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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. "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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. "Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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. "Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv). Except as provided in Subsection (4), an interlocal entity that employs an individual who is a legislator: shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual; may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and may not take retaliatory action against the individual for using the leave described in Subsection (2)(a). The leave described in Subsection (2) is leave without pay unless the interlocal entity and the individual described in Subsection (2) agree to terms that are more favorable to the individual. An interlocal entity is not required to comply with Subsection (2) if the governing authority of the interlocal entity determines that complying with the requirement would cause the interlocal entity significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the interlocal entity's operations.

Section 11-13-104Verify source

§ 11-13-104(1)Subsection 11-13-104(1)Provision

Source excerpt

As used in this section: "Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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. "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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties. "Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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. "Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 11-13-104(1)Verify source

§ 11-13-104(1)(a)Subsection 11-13-104(1)(a)Provision

Source excerpt

"Authorized legislative day" means: 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; a special session day; a veto override session day; an interim day designated by the Legislative Management Committee; an authorized legislative training day; or any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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.

Section 11-13-104(1)(a)Verify source

§ 11-13-104(1)(a)(i)Subsection 11-13-104(1)(a)(i)Provision

Source excerpt

A 45-day period begins when the Legislature convenes in annual general session and runs through midnight of the 45th day.

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;

Section 11-13-104(1)(a)(i)Verify source

§ 11-13-104(1)(a)(ii)Subsection 11-13-104(1)(a)(ii)Provision

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a special session day;

Section 11-13-104(1)(a)(ii)Verify source

§ 11-13-104(1)(a)(iii)Subsection 11-13-104(1)(a)(iii)Provision

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a veto override session day;

Section 11-13-104(1)(a)(iii)Verify source

§ 11-13-104(1)(a)(iv)Subsection 11-13-104(1)(a)(iv)Provision

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An interim day is designated by the Legislative Management Committee.

an interim day designated by the Legislative Management Committee;

Section 11-13-104(1)(a)(iv)Verify source

§ 11-13-104(1)(a)(v)Subsection 11-13-104(1)(a)(v)Provision

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an authorized legislative training day; or

Section 11-13-104(1)(a)(v)Verify source

§ 11-13-104(1)(a)(vi)Subsection 11-13-104(1)(a)(vi)Provision

Source excerpt

This text applies when a legislator attends a meeting of certain statute- or joint-resolution-created bodies, if attendance is approved by the Legislative Management Committee and the service/payment does not violate the Utah Constitution.

any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if: the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution; the legislator's attendance at the meeting is approved by the Legislative Management Committee; and 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.

Section 11-13-104(1)(a)(vi)Verify source

§ 11-13-104(1)(a)(vi)(A)Subsection 11-13-104(1)(a)(vi)(A)Provision

Source excerpt

the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;

Section 11-13-104(1)(a)(vi)(A)Verify source

§ 11-13-104(1)(a)(vi)(B)Subsection 11-13-104(1)(a)(vi)(B)Provision

Source excerpt

the legislator's attendance at the meeting is approved by the Legislative Management Committee; and

Section 11-13-104(1)(a)(vi)(B)Verify source

§ 11-13-104(1)(a)(vi)(C)Subsection 11-13-104(1)(a)(vi)(C)Provision

Source excerpt

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.

Section 11-13-104(1)(a)(vi)(C)Verify source

§ 11-13-104(1)(b)Subsection 11-13-104(1)(b)Provision

Source excerpt

The committee may designate an authorized legislative training day for training or informational purposes.

"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: chair training; an issue briefing; legislative leadership instruction; legislative process training; legislative rules training; new legislator orientation; or another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.

Section 11-13-104(1)(b)Verify source

§ 11-13-104(1)(b)(i)Subsection 11-13-104(1)(b)(i)Provision

Source excerpt

chair training;

Section 11-13-104(1)(b)(i)Verify source

§ 11-13-104(1)(b)(ii)Subsection 11-13-104(1)(b)(ii)Provision

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an issue briefing;

Section 11-13-104(1)(b)(ii)Verify source

§ 11-13-104(1)(b)(iii)Subsection 11-13-104(1)(b)(iii)Provision

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legislative leadership instruction;

Section 11-13-104(1)(b)(iii)Verify source

§ 11-13-104(1)(b)(iv)Subsection 11-13-104(1)(b)(iv)Provision

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legislative process training;

Section 11-13-104(1)(b)(iv)Verify source

§ 11-13-104(1)(b)(v)Subsection 11-13-104(1)(b)(v)Provision

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legislative rules training;

Section 11-13-104(1)(b)(v)Verify source

§ 11-13-104(1)(b)(vi)Subsection 11-13-104(1)(b)(vi)Provision

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new legislator orientation; or

Section 11-13-104(1)(b)(vi)Verify source

§ 11-13-104(1)(b)(vii)Subsection 11-13-104(1)(b)(vii)Provision

Source excerpt

another meeting to brief, instruct, orient, or train a legislator in relation to the legislator's official duties.

Section 11-13-104(1)(b)(vii)Verify source

§ 11-13-104(1)(c)Subsection 11-13-104(1)(c)Provision

Source excerpt

“Legislator” is defined to include members of the Utah Senate and Utah House of Representatives, and certain elected individuals who have not yet been sworn in or started their term.

"Legislator" means: a member of the Utah Senate; a member of the Utah House of Representatives; or 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.

Section 11-13-104(1)(c)Verify source

§ 11-13-104(1)(c)(i)Subsection 11-13-104(1)(c)(i)Provision

Source excerpt

Refers to a member of the Utah Senate.

a member of the Utah Senate;

Section 11-13-104(1)(c)(i)Verify source

§ 11-13-104(1)(c)(ii)Subsection 11-13-104(1)(c)(ii)Provision

Source excerpt

a member of the Utah House of Representatives; or

Section 11-13-104(1)(c)(ii)Verify source

§ 11-13-104(1)(c)(iii)Subsection 11-13-104(1)(c)(iii)Provision

Source excerpt

This provision refers to an elected individual described in Subsection (1)(c)(i) or (ii) who has not yet been sworn in or begun the term of office.

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.

Section 11-13-104(1)(c)(iii)Verify source

§ 11-13-104(1)(d)Subsection 11-13-104(1)(d)Provision

Source excerpt

This provision defines “retaliatory action” to include firing, pay reduction, denial of promised or otherwise due pay increases, failure to promote when promotion would otherwise have occurred, or threats to take those actions.

"Retaliatory action" means to: dismiss the employee; reduce the employee's compensation; fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised; fail to promote the employee if the employee would have otherwise been promoted; or threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 11-13-104(1)(d)Verify source

§ 11-13-104(1)(d)(i)Subsection 11-13-104(1)(d)(i)Provision

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dismiss the employee;

Section 11-13-104(1)(d)(i)Verify source

§ 11-13-104(1)(d)(ii)Subsection 11-13-104(1)(d)(ii)Provision

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reduce the employee's compensation;

Section 11-13-104(1)(d)(ii)Verify source

§ 11-13-104(1)(d)(iii)Subsection 11-13-104(1)(d)(iii)Provision

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An employee is entitled to compensation increases that were promised or otherwise owed.

fail to increase the employee's compensation by an amount that the employee is otherwise entitled to or was promised;

Section 11-13-104(1)(d)(iii)Verify source

§ 11-13-104(1)(d)(iv)Subsection 11-13-104(1)(d)(iv)Provision

Source excerpt

An employee is not to be denied a promotion if the employee would otherwise have been promoted.

fail to promote the employee if the employee would have otherwise been promoted; or

Section 11-13-104(1)(d)(iv)Verify source

§ 11-13-104(1)(d)(v)Subsection 11-13-104(1)(d)(v)Provision

Source excerpt

threaten to take an action described in Subsections (1)(d)(i) through (iv).

Section 11-13-104(1)(d)(v)Verify source

§ 11-13-104(2)Subsection 11-13-104(2)Provision

Source excerpt

An interlocal entity that employs a legislator must grant the legislator leave on an authorized legislative day for the hours requested, unless Subsection (4) applies.

Except as provided in Subsection (4), an interlocal entity that employs an individual who is a legislator: shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual; may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).

Section 11-13-104(2)Verify source

§ 11-13-104(2)(a)Subsection 11-13-104(2)(a)Provision

Source excerpt

A duty-bearer must grant the individual leave on an authorized legislative day for the hours the individual requests.

shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;

Section 11-13-104(2)(a)Verify source

§ 11-13-104(2)(b)Subsection 11-13-104(2)(b)Provision

Source excerpt

An individual may not interfere with or restrain another individual’s use of the leave described in Subsection (2)(a).

may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and

Section 11-13-104(2)(b)Verify source

§ 11-13-104(2)(c)Subsection 11-13-104(2)(c)Provision

Source excerpt

An actor may not take retaliatory action against an individual for using the leave described in Subsection (2)(a).

may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).

Section 11-13-104(2)(c)Verify source

§ 11-13-104(3)Subsection 11-13-104(3)Provision

Source excerpt

The leave described in Subsection (2) is leave without pay unless the interlocal entity and the individual described in Subsection (2) agree to terms that are more favorable to the individual.

Section 11-13-104(3)Verify source

§ 11-13-104(4)Subsection 11-13-104(4)Provision

Source excerpt

An interlocal entity is not required to comply with Subsection (2) if the governing authority of the interlocal entity determines that complying with the requirement would cause the interlocal entity significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the interlocal entity's operations.

Section 11-13-104(4)Verify source

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Utah Code § 11-13-104, 2024

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