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[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]
H.B. 181 Enrolled
Byron L. Harward
AN ACT RELATING TO STATUTES AND STATE AFFAIRS; PROVIDING A REPEAL OF
CERTAIN ANNUAL REPORTS TO THE LEGISLATURE AND THE GOVERNOR;
AND PROVIDING FOR A SHORT SUMMARY OF OTHER ANNUAL REPORTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-38-4, as last amended by Chapter 64, Laws of Utah 1993
9-1-501, as last amended by Chapter 160, Laws of Utah 1995
9-10-107, as enacted by Chapter 341, Laws of Utah 1995
13-1a-4, as enacted by Chapter 66, Laws of Utah 1984
34-20-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
35-8-2 (Renumbered 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
40-10-27, as last amended by Chapter 159, Laws of Utah 1996
63-2-908, as last amended by Chapter 280, Laws of Utah 1992
63-65-3, as enacted by Chapter 35, Laws of Utah 1986
63A-4-101, as renumbered and amended by Chapter 212, Laws of Utah 1993
64-13-5, as enacted by Chapter 198, Laws of Utah 1985
64-13a-8, as enacted by Chapter 201, Laws of Utah 1985
64-13a-12, as enacted by Chapter 201, Laws of Utah 1985
67-11-9, Utah Code Annotated 1953
ENACTS:
68-3-14, Utah Code Annotated 1953
REPEALS:
9-4-409, as renumbered and amended by Chapter 241, Laws of Utah 1992
9-7-306, as renumbered and amended by Chapter 241, Laws of Utah 1992
11-33-9, as enacted by Chapter 223, Laws of Utah 1987
53-3-906, as enacted by Chapter 216, Laws of Utah 1993
63A-2-303, as renumbered and amended by Chapters 118 and 138, Laws of Utah 1993
67-1a-4, as enacted by Chapter 68, Laws of Utah 1984
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-38-4 is amended to read:
4-38-4. Powers and duties of commission.
(1) The commission shall:
(a) license, regulate, and supervise all persons involved in the racing of horses as provided
in this chapter;
(b) license, regulate, and supervise all recognized race meets held in this state under the
terms of this chapter;
(c) cause the various places where recognized race meets are held to be visited and inspected
at least once a year;
(d) assist in procuring public liability insurance coverage from a private insurance company
for those licensees unable to otherwise obtain the insurance required under this chapter;
(e) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, to govern race meets, including rules:
(i) to resolve scheduling conflicts and settle disputes among licensees;
(ii) to supervise, discipline, suspend, fine, and bar from events all persons required to be
licensed by this chapter; and
(iii) to hold, conduct, and operate all recognized race meets conducted pursuant to this
chapter;
(f) determine which persons participating, directly or indirectly, in recognized race meets
require licenses;
(g) announce the time, place, and duration of recognized race meets for which licenses shall
be required; and
(h) establish reasonable fees for all licenses provided for under this chapter[
[
(2) The commission may:
(a) grant, suspend, or revoke licenses issued under this chapter;
(b) impose fines as provided in this chapter;
(c) access criminal history record information for all licensees and commission employees;
and
(d) exclude from any racetrack facility in this state any person who the commission
considers detrimental to the best interests of racing or any person who violates any provisions of this
chapter or any rule or order of the commission.
Section 2. Section 9-1-501 is amended to read:
9-1-501. Utah Statehood Centennial Commission -- Composition -- Powers.
(1) There is created a commission to be known as the Utah Statehood Centennial
Commission.
(2) (a) The commission shall be composed of 25 bipartisan members appointed by the
governor with the consent of the Senate.
(b) The governor shall appoint one of the commission members as chairman.
(c) The members of the commission shall represent the various geographical regions of the
state and broadly represent the people of Utah.
(3) (a) A majority of the members of the commission constitute a quorum for the transaction
of business.
(b) The governor may remove any member of the commission for failure to perform.
(c) The governor may appoint a replacement to the commission if a vacancy occurs on the
commission for any reason.
(4) (a) The Department of Community and Economic Development shall provide
administrative support to the commission.
(b) The executive director of the Department of Community and Economic Development,
or his designee, shall serve as a non-voting member of the commission.
(5) The commission shall:
(a) work with all necessary state agencies to develop, produce, and sell a centennial license
plate to fund the commission's activities;
(b) develop plans to implement a statewide centennial celebration, to be held from January
4, 1996 through January 24, 1997, and to conduct other centennial related activities before January
4, 1996;
(c) raise money through license plate sales and through other fundraising activities;
(d) establish committees to assist it in its work;
(e) make grants to county centennial committees, communities, and other groups and
individuals to carry out the purposes of this section; and
(f) make rules governing the expenditure of centennial funds by county centennial
committees and other organizations by complying with the procedures and requirements of Title 63,
Chapter 46a, Utah Administrative Rulemaking Act[
[
(6) (a) The commission may hire staff to assist the commission in carrying out its duties, and
the governor shall appoint an executive director.
(b) The executive director shall:
(i) be the executive secretary to the commission;
(ii) administer the day-to-day affairs of the commission; and
(iii) carry out other duties and assignments as directed by the commission.
(c) The executive director shall be a nonmerit position who serves at the pleasure of the
governor.
(d) The executive director may appoint other staff members, provided that the commission
has approved a budget for that purpose.
(e) The staff members appointed by the executive director may be nonmerit positions.
(7) (a) The commission shall deposit all funds raised by it in the expendable trust fund
known as the Utah Statehood Centennial Trust, established in Section 9-1-504.
(b) The commission may spend the monies as authorized by this section.
(c) Any appropriations to the commission shall be nonlapsing until June 30, 1998.
(8) (a) The Utah Statehood Centennial Commission holds all rights to the use of the
statehood centennial slogan, logo, and license plate design and other commission property protected
by copyright or trademark.
(b) The commission may license or otherwise authorize the use of that slogan, logo, design,
or other commission property protected by copyright or trademark for commercial or other purposes
as long as the license plate design is not used in a manner inconsistent with Subsection 41-1a-1305
(10).
(c) The commission may set a fee for the licensure or other authorized use of the slogan,
logo, design, and other commission property protected by trademark or copyright.
(9) The Utah Statehood Centennial Commission may borrow money from the state to
implement a statewide centennial celebration and to conduct other centennial related activities in
amounts not exceeding in the aggregate, the amount to be deposited in the Utah Statehood
Centennial Trust established under Section 9-1-504.
(10) The Utah Statehood Centennial Commission shall cease operations on or before June
30, 1998.
Section 3. Section 9-10-107 is amended to read:
9-10-107. Division to distribute monies -- Administration costs.
(1) At the end of each quarter, the division shall distribute, upon approval of the board,
payments to the recipients of loans and grants approved by the board during that quarter.
[
[
the fund, but this amount may not exceed 2% of the annual receipts to the fund.
Section 4. Section 13-1a-4 is amended to read:
13-1a-4. Annual budget.
[
the executive director an annual budget of the administrative expenses of the division.
Section 5. Section 34-20-3 (Effective 07/01/97) is amended to read:
34-20-3 (Effective 07/01/97). Labor relations board.
(1) The Workforce Appeals Board is designated as the labor relations board for the state.
(2) A vacancy in the board shall not impair the right of the remaining members to exercise
all the powers of the board, and two members of the board shall at all times constitute a quorum. The
board shall have an official seal which shall be judicially noticed.
[
Section 6. Section 35-8-2 (Renumbered 07/01/97) is amended to read:
35-8-2 (Renumbered 07/01/97). Apprenticeship Council -- Composition -- Appointment
of representatives -- Terms of members -- Filling of vacancy -- Compensation of members --
Duties -- Director of apprenticeship -- Designation of officers.
(1) (a) The Apprenticeship Council shall be composed of 12 representatives:
(i) four members representing employees in the various trades;
(ii) four private citizens;
(iii) one member representing the State Board for Applied Technology Education;
(iv) one member representing higher educational institutions of the state; and
(v) the administrator of the Department of Employment Security.
(b) The chair of the Industrial Commission shall appoint all members and sit as an ex officio
member of the council without vote.
(2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
the chair of the Industrial Commission shall appoint each new member or reappointed member to
a four-year term.
(b) Notwithstanding the requirements of Subsection (2)(a), the chair of the Industrial
Commission shall, at the time of appointment or reappointment, adjust the length of terms to ensure
that the terms of council members are staggered so that approximately half of the council is
appointed every two years.
(3) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the council at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(d) (i) Higher education members who do not receive salary, per diem, or expenses from the
entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties from the committee at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) Higher education members may decline to receive per diem and expenses for their
service.
(5) (a) The Apprenticeship Council, with the approval of the chair of the Industrial
Commission, shall appoint, fix the compensation, and prescribe the duties and powers of a director
of apprenticeship, and such other personnel as may be necessary to aid the council in the execution
of its functions under this chapter.
(b) The appointment of the director of apprenticeship and all other full-time personnel shall
be made in accordance with, and pursuant to, the merit system rules and regulations applicable to
the employees of the Department of Employment Security.
(6) At the call of and subject to the approval of the appointive authority, the Apprenticeship
Council shall:
(a) designate from its membership a chair and a secretary, neither of whom shall be
employees of the state;
(b) formulate policies for the effective administration of this chapter;
(c) establish standards for apprenticeship agreements which in no case shall be lower than
those prescribed in this chapter;
(d) issue such rules and regulations as may be necessary to carry out the intents and purposes
of this chapter; and
(e) perform such other functions relative to apprenticeship as the appointive authority may
direct[
[
Section 7. Section 40-10-27 is amended to read:
40-10-27. Entry upon land adversely affected by past coal mining practices --
Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste disposal
fund -- Water pollution control and treatment plants.
(1) (a) If the board, after notice and hearing, makes a finding of fact as provided in
Subsection (1)(b), the agents, employees, or contractors of the division shall have the right to enter
property adversely affected by past coal mining practices and any other property to have access to
property adversely affected by past coal mining practices to do whatever is necessary or expedient
to restore, reclaim, abate, control, or prevent the adverse effects.
(b) The board shall find that:
(i) land or water resources have been adversely affected by past coal mining practices;
(ii) the adverse effects are at a stage where, in the public interest, action to restore, reclaim,
abate, control, or prevent should be taken; and
(iii) the owners of the land or water resources where entry must be made to restore, reclaim,
abate, control, or prevent the adverse effects of past coal mining practices:
(A) are not known;
(B) are not readily available; or
(C) will not give permission for the state or its political subdivisions, their agents,
employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent
the adverse effects of past coal mining practices.
(c) Notice of the division's right to enter the property shall be:
(i) given by mail, if the owners are known; and
(ii) posted upon the premises and advertised once in a newspaper of general circulation in
the county in which the land lies, if the owners are not known.
(d) This entry shall be construed as an exercise of the police power for the protection of
public health, safety, and general welfare and may not be construed as an act of condemnation of
property nor of trespass on it.
(e) The monies expended for this work and the benefits accruing to the premises entered
upon shall be chargeable against the land and shall mitigate or offset any claim in or any action
brought by any owner of any interest in these premises for any alleged damages by virtue of the
entry.
(f) Subsection (1) is not intended to create new rights of action or eliminate existing
immunities.
(2) (a) The agents, employees, or contractors of the division may enter upon any property
for the purpose of conducting studies or exploratory work to determine the existence of adverse
effects of past coal mining practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of these adverse effects.
(b) This entry shall be construed as an exercise of the police power for the protection of
public health, safety, and general welfare and may not be construed as an act of condemnation of
property or trespass on it.
(3) The state may acquire any land by purchase, donation, or condemnation which is
adversely affected by past coal mining practices if the board, after notice and hearing, determines
that acquisition of this land is necessary to successful reclamation and that:
(a) the acquired land, after restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices, will serve recreation and historic purposes,
conservation and reclamation purposes, or provide open space benefits; and
(b) (i) permanent facilities such as a treatment plant or a relocated stream channel will be
constructed on the land for the restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices; or
(ii) acquisitions of coal refuse disposal sites and all coal refuse on the sites will serve the
purposes of this chapter or that public ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining practices.
(4) (a) Title to all lands acquired under this section shall be in the name of the state.
(b) The price paid for land acquired under this section shall reflect the market value of the
land as adversely affected by past coal mining practices.
(5) (a) If land acquired under this section is considered suitable for industrial, commercial,
residential, or recreational development, the division, in conjunction with the Division of Forestry,
Fire and State Lands, may sell this land by public sale under a system of competitive bidding, at not
less than fair market value, and under any other rules promulgated to insure that the land is put to
proper use consistent with local and state land use plans.
(b) (i) The state, when requested after appropriate public notice, shall hold a public hearing
with the appropriate notice, in the counties or appropriate political subdivisions of the state in which
lands acquired under this section are located.
(ii) The hearing shall be held at a time which shall afford local citizens and governments the
maximum opportunity to participate in the decision concerning the use or disposition of the lands
after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal
mining practices.
(6) (a) The state, through the division and the Division of Forestry, Fire and State Lands,
shall have the authority to accept lands acquired and reclaimed by the Secretary of the Interior
pursuant to Section 407(h) of Public Law 95-87.
(b) The division has the authority to accept grants from the Secretary to carry out the
purposes of Section 407(h) of Public Law 95-87.
(7) (a) Within six months after the completion of projects to restore, reclaim, abate, control,
or prevent adverse effects of past coal mining practices on privately owned land, the division shall
itemize the monies expended and may file a statement of those expenses in the office of the county
recorder of the county in which the land lies, together with a notarized appraisal by an independent
appraiser of the value of the land before the restoration, reclamation, abatement, control, or
prevention of adverse effects of past coal mining practices if the monies expended result in a
significant increase in property value.
(b) This statement shall constitute a lien upon the land described in it.
(c) The lien may not exceed the amount determined by the appraisal to be the increase in the
market value of the land as a result of the restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices.
(d) A lien may not be filed against the property of any person, in accordance with this
subsection who owned the surface prior to May 2, 1977, and who neither consented to nor
participated in nor exercised control over the mining operation which necessitated the reclamation
performed.
(8) (a) The landowner may proceed to petition within 60 days after the filing of the lien to
determine the increase in the market value of the land as a result of the restoration, reclamation,
abatement, control, or prevention of the adverse effects of past coal mining practices.
(b) The amount reported to be the increase in value of the premises shall constitute the
amount of the lien and shall be recorded with the statement provided for in Subsection (7).
(c) Any party aggrieved by the decision may appeal as provided by law.
(9) (a) The lien provided in this section shall be recorded in the office of the county recorder
of the county in which the land lies.
(b) The statement shall constitute a lien upon the land as of the date of the expenditure of
the monies and shall have priority as a lien second only to the lien of real estate taxes imposed upon
the land.
(10) (a) The division may fill any voids, seal any abandoned tunnels, shafts, and entryways,
and reclaim surface impacts of underground or surface mines which the division determines could
endanger life and property, constitute a hazard to the public health and safety, or degrade the
environment.
(b) The division may make expenditures and carry out the purposes of this section without
regard to the provisions of Subsections 40-10-25(2) and (3) only after all reclamation with respect
to abandoned coal lands or coal development impacts have been met, except for those reclamation
projects relating to the protection of the public health or safety.
(c) In those instances where mine waste piles are being reworked for conservation purposes,
the incremental costs of disposing of the wastes from these operations by filling voids and sealing
tunnels may be eligible for funding if the disposal of these wastes meets the purposes of this section.
(d) The division may acquire by purchase, donation, easement, or otherwise those interests
in land it determines necessary to carry out the provisions of this section.
[
[
initiate, in addition to any other remedies provided for in this chapter, in any court of competent
jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of the
right to enter or to conduct any work provided in this section.
(b) (i) The division, in conjunction with appropriate state agencies as determined in the rules,
may construct and operate plants for the control and treatment of water pollution resulting from mine
drainage.
(ii) The extent of this control and treatment of water pollution may be dependent upon the
ultimate use of the water.
(iii) This subsection may not be construed to repeal or supersede any portion of the federal
Water Pollution Control Act, 33 U.S.C. Sec. 1151 et seq., and no control or treatment under this
subsection shall in any way be less than that required under the federal Water Pollution Control Act.
(iv) The construction of a plant may include major interceptors and other facilities
appurtenant to the plant.
(c) The division may transfer funds to other appropriate state agencies, in order to carry out
the reclamation activities authorized by this chapter.
Section 8. Section 63-2-908 is amended to read:
63-2-908. Inspection and summary of record series.
[
description of each record series.
[
[
[
Section 9. Section 63-65-3 is amended to read:
63-65-3. Investment officer -- Powers and duties.
(1) There is created within the Office of the State Treasurer an investment banking officer
to advise, counsel, and render technical assistance to authorizing agencies in the management of state
loan and grant programs.
(2) This officer shall:
(a) work cooperatively with the staff and boards of authorizing agencies as an advisor on
technical financial aspects concerning loan and grant programs authorized by law;
(b) coordinate procedures for the closing of and assist authorizing agencies in closing all
loans and grants of funds or other subsidy agreements;
(c) analyze, in conjunction with the appropriate authorizing agency, the financial feasibility
and economic and capital efficiency of projects of authorizing agencies, review financing options,
and make recommendations to each authorizing agency regarding terms of loans or grants and levels
of state subsidy in accordance with the financial feasibility of the project and the efficiency of
available state capital;
(d) coordinate and consolidate, to the extent possible, all financial and legal analysis of
financing plans and closings of loans and grants made by each authorizing agency; and
(e) provide an annual report of his activities to the state treasurer, the governor, the Division
of Finance, and the boards of each authorizing agency[
(3) The analysis under Subsection (2) (c) shall include, but is not limited to, consideration
of the following criteria:
(a) a demonstration of need based on the applicant's overall financial profile, including but
not limited to, overlapping debt, tax levies, user rates, fees, charges, assessments, and other revenue
and obligations existing within the community as a whole;
(b) the ability of the applicant to obtain financing from other (preferably private) sources on
terms and conditions reasonably affordable;
(c) the availability and advisability of financing methods such as loans, grants, interest buy
down arrangements, bond insurance, loan or bond guarantees, or any other appropriate method;
(d) the economic and efficiency of capital advantages enuring to the authorizing agency if
the financing plan is adopted;
(e) a demonstration of local public support for the financing plan; and
(f) availability of other funds and financing methods under law.
(4) Each authorizing agency shall consult with and cooperate with the officer and shall
consider his recommendations before proceeding to fund a project, but the final decision as to the
appropriate financing plan shall rest with the board of the authorizing agency according to their legal
authority existing at the time.
Section 10. Section 63A-4-101 is amended to read:
63A-4-101. Risk manager -- Appointment -- Duties.
(1) The executive director shall appoint a risk manager, who shall be qualified by education
and experience in the management of general property and casualty insurance.
(2) The risk manager shall:
(a) acquire and administer all property, casualty insurance, and workers' compensation
insurance purchased by the state;
(b) recommend that the executive director make rules:
(i) prescribing reasonable and objective underwriting and risk control standards for state
agencies;
(ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
which these risks will be covered;
(iii) prescribing the properties, risks, deductibles, and amount limits eligible for payment out
of the fund;
(iv) prescribing procedures for making claims and proof of loss; and
(v) establishing procedures for the resolution of disputes relating to coverage or claims,
which may include binding arbitration[
(c) implement a risk management and loss prevention program for state agencies for the
purpose of reducing risks, accidents, and losses to assist state officers and employees in fulfilling
their responsibilities for risk control and safety;
(d) coordinate and cooperate with any state agency having responsibility to manage and
protect state properties, including the state fire marshal, the director of the Division of Facilities
Construction and Management, the Department of Public Safety, and institutions of higher
education;
(e) maintain records necessary to fulfill the requirements of this section;
[
[
to produce adequate reserves for the payment of contingencies, including unpaid and unreported
claims, and may purchase any insurance or reinsurance considered necessary to accomplish this
objective; and
[
refuses to comply with reasonable risk control recommendations made by the risk manager.
(3) Before the effective date of any rule, the risk manager shall provide a copy of the rule
to each agency affected by it.
Section 11. Section 64-13-5 is amended to read:
64-13-5. Council duties.
(1) The Corrections Advisory Council shall review and make recommendations to the
executive director of the Department of Corrections concerning:
(a) the role and responsibility of the department and its programs;
(b) existing and proposed policies of the department;
(c) the annual budget request for the department prior to submission to the governor;
(d) development and implementation of master plans for the department's programs and
facilities, including facility siting;
(e) any subject [
become involved in administrative matters; and
(f) any subject concerning the department, as requested by the executive director.
(2) The council shall encourage citizen awareness and input regarding programs in the field
of corrections.
[
[
necessary for the Corrections Advisory Council to fulfill its responsibilities under this chapter.
Section 12. Section 64-13a-8 is amended to read:
64-13a-8. Reports to governor.
Utah correctional industries shall [
concerning the administration of this chapter, as [
[
[
[
Section 13. Section 64-13a-12 is amended to read:
64-13a-12. Audit of financial statements.
The financial statements of the fund shall be audited annually by the state auditor or by
another person, firm, or corporation as the governor may appoint[
Section 14. Section 67-11-9 is amended to read:
67-11-9. Studies by state agency.
The state agency shall make studies concerning the problem of old-age and survivors
insurance protection for employees of the state and local governments and their instrumentalities and
concerning the operation of agreements made and plans approved under this [
Section 15. Section 68-3-14 is enacted to read:
68-3-14. Annual reports -- Executive summary -- Electronic copy.
Whenever an annual report to the Legislature and to the governor, or to either one, is required
by these statutes, that requirement may be fulfilled by:
(1) sending an executive summary, highlighting the contents of the annual report and the
address of the electronic or hard copy of the annual report to each legislator and to the governor, or
to either one, as required by the statute;
(2) providing an electronic copy of the annual report on the state's internet site; and
(3) providing the executive summary and the address of the electronic copy of the annual
report to the Office of Legislative Research and General Counsel, if the annual report is required to
be provided to the Legislature.
Section 16. Repealer.
This act repeals:
Section 9-4-409, Plans for implementation -- Reports to Legislature.
Section 9-7-306, Annual report.
Section 11-33-9, Reports -- Copies.
Section 53-3-906, Reporting.
Section 63A-2-303, Annual report to Legislature.
Section 67-1a-4, Annual report.
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