Utah Code 53B-2-115. Institution of higher education required to provide leave to a legislator on an authorized legislative day
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(1) As used in this section:
Terms Used In Utah Code 53B-2-115
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
(1)(a) “Authorized legislative day” means:
(1)(a)(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;
(1)(a)(ii) a special session day;
(1)(a)(iii) a veto override session day;
(1)(a)(iv) an interim day designated by the Legislative Management Committee;
(1)(a)(v) an authorized legislative training day; or
(1)(a)(vi) any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:
(1)(a)(vi)(A) the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;
(1)(a)(vi)(B) the legislator’s attendance at the meeting is approved by the Legislative Management Committee; and
(1)(a)(vi)(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.
(1)(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:
(1)(b)(i) chair training;
(1)(b)(ii) an issue briefing;
(1)(b)(iii) legislative leadership instruction;
(1)(b)(iv) legislative process training;
(1)(b)(v) legislative rules training;
(1)(b)(vi) new legislator orientation; or
(1)(b)(vii) another meeting to brief, instruct, orient, or train a legislator in relation to the legislator’s official duties.
(1)(c) “Legislator” means:
(1)(c)(i) a member of the Utah Senate;
(1)(c)(ii) a member of the Utah House of Representatives; or
(1)(c)(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.
(1)(d) “Retaliatory action” means to:
(1)(d)(i) dismiss the employee;
(1)(d)(ii) reduce the employee’s compensation;
(1)(d)(iii) fail to increase the employee’s compensation by an amount that the employee is otherwise entitled to or was promised;
(1)(d)(iv) fail to promote the employee if the employee would have otherwise been promoted; or
(1)(d)(v) threaten to take an action described in Subsections (1)(d)(i) through (iv).
(2) Except as provided in Subsection (4), an institution of higher education that employs an individual who is a legislator:
(2)(a) shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;
(2)(b) may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and
(2)(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 institution of higher education and the individual described in Subsection (2) agree to terms that are more favorable to the individual.
(4) An institution of higher education is not required to comply with Subsection (2) if the institution board of trustees of the institution of higher education determines that complying with the requirement would cause the institution of higher education significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the institution of higher education’s operations.