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H.B. 175

1    

WORKERS' COMPENSATION FUND OF UTAH

2    
1997 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: Jeff Alexander

5    AN ACT RELATING TO INSURANCE; AMENDING RESTRICTIONS ON NAME USED BY
6    THE WORKERS' COMPENSATION FUND OF UTAH; ADDRESSING POWERS OF
7    FUND; AMENDING DUTIES OF THE BOARD OF DIRECTORS; ELIMINATING
8    REQUIREMENT OF ANNUAL FINANCIAL AUDIT BY STATE AUDITOR; CREATING
9    THE BLUE RIBBON COMMISSION ON THE WORKERS' COMPENSATION FUND OF
10    UTAH; PROVIDING FOR MEMBERSHIP OF COMMISSION; DELINEATING
11    RESPONSIBILITIES AND PROCEDURES OF COMMISSION; PROVIDING A
12    REPORTING DATE FOR COMMISSION; APPROPRIATING h [$21,250 ] $42,500 h FROM THE
13    GENERAL FUND; MAKING TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE
14    DATE; AND PROVIDING A REPEAL DATE.
15    This act affects sections of Utah Code Annotated 1953 as follows:
16    AMENDS:
16a     h 31A-33-102 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah 1996 h
17         31A-33-103 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
18    1996
19         31A-33-107 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
20    1996
21         31A-33-110 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
22    1996
23         35A-1-404, as enacted by Chapter 240, Laws of Utah 1996
24         67-3-9, as enacted by Chapter 323, Laws of Utah 1990
25    ENACTS:
26         31A-33-103.5, Utah Code Annotated 1953
27    This act enacts uncodified material.
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REVISED -
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1    Be it enacted by the Legislature of the state of Utah:
1a         h Section 1. Section 31A-33-102 (Effective 07/01/97) is amended to read:
1b         31A-33-102 (Effective 07/01/97).   Establishment of the Workers' Compensation Fund and the
1c     Injury Fund.
1d         (1) (a) There is created a nonprofit, quasi-public corporation to be known as the Workers'
1e     Compensation Fund of Utah.
1f         (b) The purpose of the fund is to:
1g         (i) insure Utah employers against liability for compensation based on job-related accidental
1h     injuries and occupational diseases; and
1i         (ii) assure payment of this compensation to Utah employees who are entitled to it under Title
1j     35A, Chapters 3 and 3a.
1k         (c) TO ACHIEVE THE PURPOSE OF THE FUND:
1l         (i) THE FUND MAY OFFER WORKERS' COMPENSATION INSURANCE PRODUCTS AND
1m     SERVICES IN THIS STATE OR ANY OTHER STATE ONLY TO:
1n         (A) INSURE UTAH EMPLOYERS' AS PROVIDED IN SUBSECTION (1)(b)(i); OR
1o         (B) ASSURE PAYMENT OF COMPENSATION TO UTAH EMPLOYEES AS PROVIDED IN
1p     SUBSECTION (1)(b)(ii); AND
1q         (ii) A SUBSIDIARY OF THE FUND MAY OFFER WORKERS' COMPENSATION INSURANCE
1r     PRODUCTS AND SERVICES:
1s         (A) ONLY IN A STATE OTHER THAN UTAH; AND
1t         (B) ONLY TO:
1u         (I) INSURE UTAH EMPLOYERS' AS PROVIDED IN SUBSECTION (1)(b)(i); OR
1v         (II) ASSURE PAYMENT OF COMPENSATION TO UTAH EMPLOYEES AS PROVIDED IN
1w     SUBSECTION (1)(b)(ii).
1x         (2) (a) There is created an Injury Fund, which shall be maintained by the Workers' Compensation
1y     Fund.
1z         (b) The Injury Fund shall consist of all assets acquired from premiums and penalties paid into
1aa     the Injury Fund and interest and dividends earned on those assets.
1bb         (c) The Injury Fund is the sole source of monies to:
1cc         (i) pay losses sustained on account of the insurance provided; and
1dd         (ii) pay salaries and other expenses of the Workers' Compensation Fund in accordance h
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             REVISED - lilac-February 14,1997
1ee      h with this chapter. h
2        Section h [1 ] 2 h . Section 31A-33-103 (Effective 07/01/97) is amended to read:
3         31A-33-103 (Effective 07/01/97). Legal nature of Workers' Compensation Fund.
4        (1) The Workers' Compensation Fund is:
5        (a) a nonprofit, self-supporting, quasi-public corporation; and
6        (b) a legal entity, [which] that may sue and be sued in its own name.
7        (2) All of the business and affairs of the corporation shall be conducted in the name of the
8    Workers' Compensation Fund of Utah or if conducted through a subsidiary, such other corporate
9    names that comply with state law.
10        Section h [2 ] 3 h . Section 31A-33-103.5 is enacted to read:
11         31A-33-103.5. Powers of Fund -- Limitations.
12        (1) The fund may form or acquire subsidiaries in accordance with Section 31A-33-107
13    except as limited by Subsections (2) and (3).
14        (2) h [Subject to applicable insurance rules and statutes, ] (a) EXCEPT AS LIMITED BY
14a     SUBSECTION (2)(b), h the Workers' Compensation Fund
15    of Utah, or its subsidiaries, may offer only workers' compensation insurance products and services
16    in Utah and other states until the Legislature enacts legislation addressing the recommendations
17    of a legislatively authorized study of the fund's authority, if any, to offer insurance products or
18    services other than workers' compensation insurance products or services either directly, through
19    a subsidiary, or through a joint venture.
19a         h (b) THE WORKERS' COMPENSATION FUND OF UTAH, OR ITS SUBSIDIARIES MAY OFFER
19b     WORKERS' COMPENSATION UNDER SUBSECTION (2)(a):
19c         (i) SUBJECT TO APPLICABLE INSURANCE STATUTES AND RULES; AND
19d         (ii) AS LIMITED BY SUBSECTION 31A-33-102(1). h
20        (3) There is a moratorium until July 1, 2000, on the Workers' Compensation Fund of
21    Utah's authority, if any, to offer health insurance services including medical, surgical, hospital, and
22    other ancillary medical expenses, by any means including directly, through a subsidiary, or
23    through a joint venture.
24        Section h [3 ] 4 h . Section 31A-33-107 (Effective 07/01/97) is amended to read:
25         31A-33-107 (Effective 07/01/97). Duties of board -- Creation of subsidiaries.
26        (1) The board shall:
- 2a -
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            REVISED -
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27        (a) appoint a chief executive officer to administer the Workers' Compensation Fund;
28        (b) receive and act upon financial, management, and actuarial reports covering the
29    operations of the Workers' Compensation Fund;
30        (c) ensure that the Workers' Compensation Fund is administered according to law;
31        (d) examine and approve an annual operating budget for the Workers' Compensation Fund;



















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1        (e) serve as investment trustees and fiduciaries of the Injury Fund;
2        (f) receive and act upon recommendations of the chief executive officer;
3        (g) develop broad policy for the long-term operation of the Workers' Compensation Fund,
4    consistent with its mission and fiduciary responsibility;
5        (h) subject to Sections 31A-19-401 through 31A-19-420, approve any rating plans that
6    would modify a policyholder's premium;
7        (i) subject to Sections 31A-19-401 through 31A-19-420, approve the amount of deviation,
8    if any, from standard insurance rates;
9        (j) approve the amount of the dividends, if any, to be returned to policyholders;
10        (k) adopt a procurement policy consistent with the provisions of Title 63, Chapter 56, Utah
11    Procurement Code;
12        (l) develop and publish an annual report to policyholders, the governor, the Legislature,
13    and interested parties that describes the financial condition of the Injury Fund, including a
14    statement of expenses and income and what measures were taken or will be necessary to keep the
15    Injury Fund actuarially sound;
16        (m) establish a fiscal year;
17        (n) determine and establish an actuarially sound price for insurance offered by the fund;
18        (o) establish conflict of interest requirements that govern the board, officers, and
19    employees; and
20        (p) perform all other acts necessary for the policymaking and oversight of the Workers'
21    Compensation Fund.
22        (2) Subject to board review and its responsibilities under Subsection (1)(e), the board may
23    delegate authority to make daily investment decisions.
24        (3) The fund may form or acquire a subsidiary under Section 31A-33-103.5 only if that
25    action is approved by the board.
26        Section h [4 ] 5 h . Section 31A-33-110 (Effective 07/01/97) is amended to read:
27         31A-33-110 (Effective 07/01/97). Audits and examinations required.
28        (1) (a) The [state auditor shall audit the] Workers' Compensation Fund shall annually
29    obtain an audit h [from ] :
29a         (i) CONDUCTED IN ACCORDANCE WITH:
29b         (A) GENERALLY ACCEPTED AUDITING STANDARDS; AND h
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29c          h (B) GOVERNMENT AUDITING STANDARDS; AND
29d         (ii) BY h a national firm of certified public accountants.
30        (b) The fund shall provide the audit performed under Subsection (1)(a) to the state auditor
31    within 30 days of its completion.























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1        (2) (a) The insurance commissioner shall examine the Injury Fund according to the
2    purposes and procedures provided in Sections 31A-2-203 through 31A-2-205 at least once every
3    five years.
4        (b) The chief executive officer shall pay the necessary expense of this examination from
5    the Injury Fund.
6        Section 5. Section 35A-1-404 is amended to read:
7         35A-1-404. Implementation of consolidation.
8        (1) (a) The administration, adjudication, management, authority, statutes, rules, staffing,
9    or operations of the Industrial Commission may not change substantively as a result of the passage
10    of this act until:
11        (i) after July 1, 1997; and
12        (ii) the restructuring of the Industrial Commission is studied by a work group consisting
13    of an equal number of employer representatives and employee representatives that are voting
14    members and selected as follows:
15        (A) eight employer and eight employee representatives selected by the governor; and
16        (B) a ninth employer representative who has antidiscrimination experience selected by the
17    eight employer representatives selected under Subsection (1)(a)(ii)(A); and
18        (C) a ninth employee representative who has antidiscrimination experience selected by the
19    eight employee representatives selected under Subsection (1)(a)(ii)(A).
20        (b) The acting executive director shall:
21        (i) be a nonvoting ex officio member of the working group described in Subsection (1)(a);
22        (ii) chair the working group described in Subsection (1)(a); and
23        (iii) ensure staffing and support for the work group described in Subsection (1)(a).
24        (c) The following individuals may participate as nonvoting members of the work group
25    when the work group studies the restructuring of the Industrial Commission with regard to their
26    respective areas:
27        (i) the nonvoting members of the Workers' Compensation Advisory Council;
28        (ii) the public members of the Employment Security Advisory Council;
29        (iii) the members of the Utah Antidiscrimination Committee; and
30        (iv) the members of the Utah Occupational Safety and Health Advisory Council.
31        (d) The work group created under Subsection (1)(a) may invite the commissioners of the

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1    Industrial Commission to participate in the activities of the work group in an advisory capacity.
2        (e) The working group described in Subsection (1)(a) shall study:
3        (i) all aspects and issues of the Industrial Commission and may consider and recommend
4    that the responsibilities of the Industrial Commission be, in part or wholly:
5        (A) assigned to the department;
6        (B) consolidated or integrated into different departments of the state; or
7        (C) remain separate from the department or any other department of the state; and
8        (ii) (A) whether or not the costs of worker's compensation can more effectively be
9    managed by combining the benefits required by Chapters 3 and 3a with disability and health
10    insurance, as defined in Section 31A-1-301, in a program of 24-hour insurance coverage, to be
11    offered through:
12        (I) integrated management of separate, but jointly administered workers' compensation
13    and disability or health plans; or
14        (II) other means set forth in Title 31A, Insurance Code;
15        (B) the impact of a program described in Subsection (1)(e)(ii)(A) on:
16        (I) insured employers and workers;
17        (II) the exclusive remedy protections outlined in Sections 35A-3-105 and 35A-3a-102;
18        (III) competition among private and public insurers;
19        (IV) the regulatory functions of the Department of Workforce Services and the Department
20    of Insurance;
21        (V) the actuarial soundness of the Workers' Compensation Fund of Utah; and
22        (VI) liability of the state; and
23        (C) any issue related to the offering of 24-hour insurance coverage programs by workers'
24    compensation carriers, including the Workers' Compensation Fund of Utah's authority, if any, to
25    offer 24-hour insurance programs.
26        (f) The work group described in Subsection (1)(a) shall make final recommendations to
27    the Legislature including proposed legislation by October 15, 1996, concerning the study items
28    listed in Subsection (1)(e)(i).
29        (g) The work group described in Subsection (1)(a) shall make final recommendations to
30    the legislative work group created under Subsection (4)[(b)] by no later than August 1, 1996,
31    concerning the study items listed in Subsection (1)(e)(ii).

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1        (2) (a) The lieutenant governor jointly with the insurance commissioner shall create a work
2    group with representation from the private insurance industry and the Workers' Compensation
3    Fund of Utah.
4        (b) The lieutenant governor and the insurance commissioner shall serve as cochairs of the
5    work group created under Subsection (2)(a).
6        (c) The work group created under Subsection (2)(a), shall study:
7        (i) whether or not the costs of workers' compensation can more effectively be managed
8    by combining the benefits required by Chapters 3 and 3a with disability and health insurance, as
9    defined in Section 31A-1-301, in a program of 24-hour insurance coverage, to be offered through:
10        (A) integrated management of separate, but jointly administered workers' compensation
11    and disability or health plans; or
12        (B) other means set forth in Title 31A, Insurance Code;
13        (ii) the impact of a program described in Subsection (2)(c)(i) on:
14        (A) insured employers and workers;
15        (B) the exclusive remedy protections outlined in Sections 35A-3-105 and 35A-3a-102;
16        (C) competition among private and public insurers;
17        (D) the regulatory functions of the Department of Workforce Services and the Department
18    of Insurance;
19        (E) the actuarial soundness of the Workers' Compensation Fund of Utah; and
20        (F) liability of the state; and
21        (iii) any issue related to the offering of 24-hour insurance coverage programs by workers'
22    compensation carriers, including the Workers' Compensation Fund of Utah's authority, if any, to
23    offer 24-hour insurance programs.
24        (d) The work group created under Subsection (2)(a) shall make final recommendations to
25    the legislative workgroup created under Subsection (4)[(b)] by no later than August 1, 1996.
26        (e) The Department of Insurance shall provide staff support for the work group created
27    under Subsection (2)(a).
28        (3) (a) To avoid commingling of revenues from different sources, financial barriers
29    existing at the time of passage of this act shall be maintained between revenues from employer
30    premiums for workers' compensation, unemployment compensation, other dedicated credit funds
31    and the revenue used for social or other department programs normally funded from the General

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1    Fund or federal monies, grants, or loans.
2        (b) Funds collected for specific programs under this title shall:
3        (i) only be used for the purposes for which the funds were collected; and
4        (ii) be expended according to processes that can be verified by audit.
5        [(4) (a) There is a moratorium until July 1, 1998, on the Workers' Compensation Fund of
6    Utah's authority, if any, to offer disability or health insurance, as defined in Section 31A-1-301,
7    by any means including directly or through a subsidiary.]
8        [(b) (i)] (4) (a) There is created a legislative work group to study the issues listed in
9    Subsection (4)[(b)(v)] (e) composed of the following:
10        [(A)] (i) three members of the Senate, appointed by the president of the Senate; and
11        [(B)] (ii) five members of the House of Representatives, appointed by the speaker of the
12    House of Representatives[;].
13        [(ii)] (b) The president of the Senate shall designate a member of the Senate appointed to
14    the work group under Subsection (4)[(b)(i)] (a) as the Senate chair of the work group, and the
15    speaker of the House of Representatives shall designate a member of the House of Representatives
16    appointed to the work group under Subsection (4)[(b)(i)] (a) as the House chair of the work group.
17        [(iii)] (c) The work group shall comply with the rules applicable to legislative interim
18    committees.
19        [(iv)] (d) The work group may meet eight times.
20        [(v)] (e) The work group shall review and make recommendations on the following issues
21    to the Business, Labor, and Economic Development Interim Committee by no later than the
22    October interim of the interim committee:
23        [(A)] (i) whether or not the costs of workers' compensation can more effectively be
24    managed by combining the benefits required by Chapters 3 and 3a with disability and health
25    insurance, as defined in Section 31A-1-301, in a program of 24-hour insurance coverage, to be
26    offered through:
27        [(I)] (A) integrated management of separate, but jointly administered workers'
28    compensation and disability or health plans; or
29        [(II)] (B) other means set forth in Title 31A, Insurance Code;
30        [(B)] (ii) the impact of a program described in Subsection (4)[(b)(v)(A)] (e)(i) on:
31        [(I)] (A) insured employers and workers;

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1        [(II)] (B) the exclusive remedy protections outlined in Sections 35A-3-105 and
2    35A-3a-102;
3        [(III)] (C) competition among private and public insurers;
4        [(IV)] (D) the regulatory functions of the Department of Workforce Services and the
5    Department of Insurance;
6        [(V)] (E) the actuarial soundness of the Workers' Compensation Fund of Utah; and
7        [(VI)] (F) liability of the state;
8        [(C)] (iii) any issue related to the offering of 24-hour insurance coverage programs by
9    workers' compensation carriers, including the Workers' Compensation Fund of Utah's authority,
10    if any, to offer 24-hour insurance programs; and
11        [(D)] (iv) the nature, status, and scope of the Workers' Compensation Fund of Utah.
12        [(vi)] (f) Salaries and expenses of work group members shall be paid in accordance with
13    Section 36-2-2.
14        [(vii)] (g) The Office of Legislative Research and General Counsel shall provide staff
15    support to the work group.
16        [(viii)] (h) It is the intent of the Legislature to act on the recommendations of the study
17    under this Subsection (4)[(b)] during the 1997 Annual General Session.
18        [(ix)] (i) This Subsection (4)[(b)] providing for the study of 24-hour insurance coverage
19    is repealed December 31, 1996.
20        (5) (a) The acting executive director, with the concurrence of the Utah Association of
21    Counties Executive Board, shall establish a work group with broad representation from the Utah
22    Association of Counties, clients, providers, persons having oversight, and other persons interested
23    in the workforce development functions of the department including boards and councils
24    associated with programs administered prior to the consolidation. The work group shall develop
25    recommendations for:
26        (i) selecting the regional councils on workforce services;
27        (ii) enabling local governments within a consortium of counties that express interest in
28    writing to the acting executive director, to have greater autonomy in administering Division of
29    Employment Development services that are provided by regional workforce services areas;
30        (iii) enabling regional councils on workforce services to develop policies for administering
31    and delivering programs provided in regional workforce services areas in a manner as to be

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1    responsible to consortiums of counties;
2        (iv) providing funding for staff that is responsible to counties and other resources to enable
3    meaningful local involvement in the operations of the Division of Employment Development;
4        (v) a mechanism by which regional consortiums of counties shall contract for needed
5    services from counties, educational institutions, businesses, labor unions, or any other public or
6    private providers;
7        (vi) a process to ensure that the regional councils on workforce services that represent local
8    government and private interests, the State Council on Workforce Services, and the executive
9    director will work in partnership to determine how to implement federal block grants, if any,
10    administered through the Division of Employment Development;
11        (vii) a process by which funds will be allocated to regional workforce services areas for
12    administration and delivery of services according to regional and local priorities;
13        (viii) use of the Job Training Partnership Act, Turning Point, SPEID, and other case
14    management models for job descriptions and responsibilities in the department; and
15        (ix) process whereby specific county needs for priorities of training emphasis can be met
16    within the consortium of counties through the regional council on workforce services; and
17        (x) processes to ensure equity and full participation by all counties in a consortium of
18    counties.
19        (b) The recommendations made under Subsection (5)(a) shall ensure the concepts of:
20        (i) employment assistance centers;
21        (ii) unified case management;
22        (iii) statewide consistency in:
23        (A) information systems;
24        (B) administrative criteria;
25        (C) legal restrictions; and
26        (D) personnel management and equitable personnel benefit systems;
27        (iv) Turning Point clients and services will continue to be offered in educational settings,
28    when possible; and
29        (v) state and federal law requirements for or restrictions on the operation of the
30    department.
31        (c) The acting executive director and the Utah Association of Counties' through its

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1    executive board or their designees shall jointly suggest legislation for presentation during the 1997
2    Annual General Session based on the recommendations made by the work group under Subsection
3    (5)(a). If no joint agreement is reached, separate reports may be presented.
4        Section h [6 ] 7 h . Section 67-3-9 is amended to read:
5         67-3-9. Audit of independent agencies.
6        (1) As used in this section:
7        (a) "Auditor" means the state auditor.
8        (b) "Compliance audit" means an audit of an independent agency's compliance with
9    relevant statutes, rules, policies, and regulations that govern that independent agency.
10        (c) (i) "Governing board" means the board, committee, council or other body, however
11    designated, with responsibility for making policy and overseeing the operations of the independent
12    agency.
13        (ii) "Governing board" does not mean the manager, president, or other individual
14    responsible for daily management of the independent agency.
15        (d) "Independent agency" means:
16         h [(i) the Workers' Compensation Fund[,] of Utah;
17        (ii)
] (i) h
the Utah Technology Finance Corporation[,];
18         h [(iii)] (ii) h the Utah Housing Finance Agency[,]; and
19         h [(iv) ] (iii) h the Retirement Board and Office.
20        (2) h [[] The []] [ Except as provided in Subsection (3), the ] h auditor shall:
21        (a) conduct an annual financial and compliance audit of each independent agency; and
22        (b) issue an audit report detailing [his] the auditor's findings and recommendations to:
23        (i) the governing board of each independent agency; and
24        (ii) the Office of the Legislative Fiscal Analyst for submission to the relevant legislative
25    appropriations subcommittee.
26         h [(3) The auditor shall conduct only a compliance audit of the Workers' Compensation Fund
27    of Utah.
] h

28        Section h [7 ] 8 h . Blue Ribbon Workers' Compensation Commission -- Creation --
29     Membership -- Quorum -- Compensation -- Staff.
30        (1) There is created the Blue Ribbon Commission on the Workers' Compensation Fund
31    of Utah h [consisting ] THAT SHALL EXIST UNTIL NOVEMBER 30, 1998. THE COMMISSION SHALL
31a     CONSIST h of the following 15 members:
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1        (a) two members of the Senate appointed by the president of the Senate, no more than one
2    of whom may be from the same political party;
3        (b) three members of the House of Representatives appointed by the speaker of the House
4    of Representatives, no more than two of whom may be from the same political party; and
5        (c) the following members jointly appointed by the president of the Senate and the speaker
6    of the House of Representatives:
7        (i) the commissioner of insurance;
8        (ii) the chair of the Industrial Commission;
9        (iii) a representative of the Workers' Compensation Fund of Utah;
10        (iv) three representatives of the insurance industry h , ONE OF WHOM SHALL BE A HEALTH
10a     UNDERWRITER h ;
11        (v) two representatives of employers; and
12        (vi) two representatives of employees.
13        (2) (a) The president of the Senate shall designate a member of the Senate appointed under
14    Subsection (1)(a) as a cochair of the commission.
15        (b) The speaker of the House of Representatives shall designate a member of the House
16    of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
17        (3) A majority of the members of the commission constitutes a quorum. The action of a
18    majority of a quorum constitutes the action of the commission.
19        (4) (a) Salaries and expenses of the members of the commission who are legislators shall
20    be paid in accordance with Section 36-2-2 and Legislative Joint Rule 15.03.
21        (b) Members of the commission who are state employees shall receive no compensation
22    or expenses for their service on the commission except for compensation and expenses provided
23    by the agency by which they are employed.
24        (c) Members of the commission who are not legislators or state employees shall receive
25    no compensation or expenses for their service on the commission.
26        (5) The Office of Legislative Research and General Counsel shall provide staff support
27    to the commission.
28        Section h [8 ] 9 h . Duties -- Interim report.
29        (1) The commission shall review and make recommendations on the following issues:
30        (a) privatization of the Workers' Compensation Fund of Utah;
31        (b) how to serve the residual market;
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1        (c) the granting of new insurance authority to the Workers' Compensation Fund of Utah
2    for competitive reasons; and
3        (d) any related issue.
3a         h (2) IF THE COMMISSION CONSIDERS A RECOMMENDATION FOR THE PRIVATIZATION OR
3b     ANY SIMILAR CHANGE TO THE STRUCTURE OR OPERATIONS OF THE WORKERS' COMPENSATION
3c     FUND OF UTAH, THE COMMISSION, AND NOT THE WORKERS' COMPENSATION FUND, SHALL
3d     PROVIDE AN INDEPENDENT FINANCIAL ANALYSIS TO DETERMINE:
3e         (i) THE NATURE AND AMOUNT OF MONETARY CLAIMS BY THE STATE, POLICY HOLDERS, OR
3f     OTHERS TO THE SURPLUS AND ASSETS OF THE WORKERS' COMPENSATION FUND OF UTAH; AND
3g         (ii) WHETHER ANY OFFICER OR DIRECTOR OF THE WORKERS' COMPENSATION FUND OF
3h     UTAH HAS A CLAIM FOR ANY COMPENSATION, EITHER MONETARY OR THROUGH AN OWNERSHIP
3i     INTEREST, AS A RESULT OF OR IN THE PROCESS OF ANY PRIVATIZATION OR SIMILAR CHANGES TO
3j     THE STRUCTURE OR OPERATIONS OF THE WORKERS' COMPENSATION FUND OF UTAH. h
4         h [(2) ] (3) h A final report, including any proposed legislation, h [ or recommendation to
4a     reauthorize ] h
5     h [the commission, ] h shall be presented to the Business, Labor, and Economic Development
5a    Interim
6    Committee by the interim committee's h 1998 h November meeting.
7        Section h [9 ] 10 h . Appropriation.
8        There is appropriated from the General Fund for fiscal year 1996-97:
9        (1) h [$2,500 ] $5,000 h to the Senate to pay for the compensation and expenses of senators
9a    on the
10    commission;
11        (2) h [ $3,750 ] $7,500 h to the House of Representatives to pay for the compensation and
11a    expenses of
12    representatives on the commission; and
13        (3) h [$15,000 ] $30,000 h to the Office of Legislative Research and General Counsel to
13a    pay for staffing
14    the commission.
15        Section h [10 ] 11 h . Effective date.

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lilac-February 13, 1997

16        Sections 31A-33-103, 31A-33-103.5, 31A-33-107, 31A-33-110, 35A-1-404, and 67-3-9
17    take effect July 1, 1997. Sections 7 through 11, uncodified material, take effect May 5, 1997.
18        Section 11. Repeal date.
19        Sections 7 through 9 are repealed November 30, h [1997 ] 1998 h .




Legislative Review Note
    as of 12-2-96 11:35 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


Committee Note

The Business, Labor, and Economic Development Interim Committee recommended this bill.


















lilac-February 13, 1997
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