Utah Senate overrides governor’s veto to require five-day, nine-hour state service schedule

SALT LAKE CITY — During an override session, the Utah Senate voted 21–6 to override the governor’s veto of House Bill 328, a bill that directs executive-branch state agencies to operate nine-hour days Monday through Friday and gives agency chiefs discretion over locations, hours and staffing.

Sponsor Senator Jenkins explained the bill’s purpose, saying, “House Bill 328 requires state agencies in the executive branch to operate nine hours on Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays,” but noted implementation details — which locations stay open, hours and staffing levels — would be determined by each chief administrative officer.

The vote capped an evening of questions and debate over cost and constitutionality. Senator Dayton asked that “the executive branch has estimated that it will cost $850,000 to switch from the 4 day work week to the 5,” seeking clarity on the fiscal impact. The sponsor and the bill’s fiscal note were cited in response; the sponsor said the fiscal note indicates the bill “will not materially impact the state budget,” and noted internal-service-fund accounting would reconcile costs in July 2012.

Members pressed for concrete figures for particular departments. Senator Christensen relayed concerns raised by the Department of Workforce Services, saying his department head reported “it will cost my department $467,000 to resort back to the 5 day work week,” and said he would seek a supplemental appropriation if needed. Other speakers referenced a prior transfer of “a million and a half dollars” from a revolving loan fund by one agency during earlier schedule changes.

Several senators raised constitutional and separation-of-powers questions. Senator McAdams cited Utah’s Constitution, noting that “8 hours shall constitute a day's work” in Article 16 Section 6 and asked whether that prompted the bill; the sponsor deferred to the bill’s House drafter. Senator Valentine pointed to precedents in other states and to section 7 of Article 16, saying the legislature has authority to provide enforcement and that Utah’s Supreme Court has not yet interpreted the provision.

Senator Morgan, explaining his aye vote, said he weighed impacts on employees and constituents and concluded “government is here to serve the citizens of the state of Utah.” Senator Romero opposed the override, saying the governor’s response addressed some questions and that the matter could wait for the next general session; Romero said the change would burden employees and that he did not hear strong public demand for the override.

The clerk read the roll and recorded 21 ayes, 6 nays and 2 absences. The Senate announced it had overridden the veto; the bill will be returned to the lieutenant governor for filing and implementation. The body adjourned after completing the calendar.

What the bill does: HB 328 directs executive-branch state agencies to offer business hours across five weekdays — with a nine-hour workday standard — while allowing agency chiefs to determine which physical locations and staffing patterns satisfy that requirement. The effective date discussed in the debate included a September 17 implementation date referenced in committee remarks.

Next steps: With the Senate override recorded, the measure is returned to the lieutenant governor’s office for filing; implementation arrangements will depend on executive-branch management and internal-service-fund accounting.