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First Substitute H.B. 7
Representative Neil A. Hansen proposes to substitute the following bill:
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RESTRICTION ON POLITICAL ACTIVITY
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OF MUNICIPAL EMPLOYEES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Neil A. Hansen
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AN ACT RELATING TO LIMITING MUNICIPAL ACTION FOR CERTAIN POLITICAL
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ACTIVITIES; LIMITING CERTAIN POLITICAL ACTIVITIES OF MUNICIPAL EMPLOYEES;
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ALLOWING LEAVE OF ABSENCE UNDER CERTAIN CIRCUMSTANCES; AND
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PROHIBITING ADVERSE EMPLOYMENT ACTION UNDER CERTAIN CIRCUMSTANCES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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10-3-1108, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-3-1108
is enacted to read:
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10-3-1108. Political activity of municipal officer or employee.
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(1) For purposes of this section, "hours of employment" means occurring at a time during
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which an officer or employee is being paid by the municipality, but excludes a lunch break or other
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break afforded to the officer or employee.
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(2) Except as otherwise provided by federal law:
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(a) the partisan political activity, political opinion, or political affiliation of an applicant
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for a position with a municipality may not provide a basis for denying employment to the
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applicant;
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(b) an officer or employee's partisan political activity, political opinion, or political
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affiliation may not provide the basis for the officer or employee's employment, promotion,
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disciplinary action, demotion, or dismissal;
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(c) no municipal officer or employee may solicit political contributions from employees
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of the municipality during hours of employment;
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(d) no municipal officer or employee may directly or indirectly coerce, command, or
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advise another municipal officer or employee to pay, lend, or contribute part of the officer or
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employee's salary or compensation, or anything else of value to a political party, committee,
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organization, agency, or person for political purposes; and
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(e) no municipal officer or employee may attempt to make another officer or employee's
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personnel status dependent on the officer or employee's support or lack of support of a political
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party, affiliation, opinion, committee, organization, agency, or person engaged in political activity.
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(3) A municipal employee who has filed a declaration of candidacy may:
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(a) be given a leave of absence for the period between the primary election and the general
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election; and
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(b) use any vacation or other leave available to engage in campaign activities.
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(4) If a municipal officer or employee is elected to a partisan or full-time nonpartisan
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political office, the employee may:
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(a) be given a leave of absence without pay for the time during which the employee
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receives compensation for service in the political office; and
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(b) use any vacation or other leave available to serve in the political office.
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(5) Neither the filing of a declaration of candidacy nor a leave of absence under this
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section may be used as the basis for an adverse employment action, including discipline and
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termination, against the employee.
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(6) Nothing in this section may be construed to:
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(a) prohibit a municipal officer or employee's voluntary contribution to a party or candidate
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of the officer or employee's choice; or
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(b) permit a municipal officer or employee's partisan political activity that is prohibited
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under federal law.
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