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H.B. 181 Enrolled

    

REDUCTION AND SUMMARIZATION OF

    
ANNUAL REPORTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Evan L. Olsen

    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

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        (h) establish reasonable fees for all licenses provided for under this chapter[; and].
        [(i) prepare and submit a report to the governor and the Legislature on or before December
    31 each year containing detailed records of all meetings and of the business transacted in them and
    all licenses applied for and issued.]
        (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.

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        (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[; and].
        [(g) submit an annual report to the governor and to the Office of Legislative Research and
    General Counsel for submission to the Legislature by December 1 of each year.]
        (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.

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        (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.
        [(2) The division shall make an annual report to the Legislature and the governor concerning
    the number and type of loans and grants made as well as a list of recipients of this assistance.]
        [(3)] (2) The division, with board approval, may use fund monies for the administration of
    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:

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         13-1a-4. Annual budget.
        [(1)] On or before the 1st day of October each year, the director [in connection with the
    executive director shall report to the governor and the Legislature for the preceding fiscal year on
    the operations, activities, and goals of the division. (2) The director] shall prepare and submit to
    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.
        [(3) The board shall at the close of each fiscal year make a report in writing to the
    Legislature and to the governor stating in detail the cases it has heard, the decisions it has rendered,
    the names, salaries, and duties of all employees and officers in the employ or under the supervision
    of the board, and an account of all moneys it has disbursed.]
        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,

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    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

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    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[; and].
        [(f) not less than once each year, make to the appointive authority a report covering the
    activities and findings of the council, which shall be transmitted to the Legislature and the public.]
        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

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    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.

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        (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

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    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,

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    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.
        [(11) The division shall make an annual report to the Legislature and the United States
    Congress on operations under the fund, together with its recommendations as to future use of the
    fund.]
        [(12)] (11) (a) The division may request the attorney general, who is hereby authorized to
    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

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    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.
        [(1)] The state archives shall provide for public inspection of the title and a summary
    description of each record series.
        [(2) On or before June 1 of each year, the state archives shall prepare a report for the
    Legislature and governor which shall contain:]
        [(a) a summary description of each ordinance enacted in compliance with Section 63-2-701
    and any report of noncompliance with this chapter; and]
        [(b) a summary list of other sections in the code that contain provisions for the collection,
    storage, classification, designation, access, or management of government records.]
        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.

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        (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[, and the Legislature].
        (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

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    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;

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        [(f) present an annual report to the executive director describing the execution of risk
    management responsibilities in the state;]
        [(g)] (f) manage the fund in accordance with economically and actuarially sound principles
    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
        [(h)] (g) inform the agency's governing body and the governor when any agency fails or
    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 [deemed] considered appropriate by the council, except the council may not
    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.
        [(3) The council shall prepare an annual report for the governor and the Legislature on the
    status of the department and its programs.]
        [(4)] (3) The director of the department shall provide staff assistance and any information
    necessary for the Corrections Advisory Council to fulfill its responsibilities under this chapter.

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        Section 12. Section 64-13a-8 is amended to read:
         64-13a-8. Reports to governor.
        Utah correctional industries shall [from time to time] make reports to the governor
    concerning the administration of this chapter, as [he] the governor may require[, and shall annually
    before October 1 make to the governor and Legislature a report for the fiscal year ending on June
    30 of the year in which the report is made, which shall contain:].
        [(1) a balance sheet, income statement, and statement of changes in financial position and
    other matters as necessary to show the results of operations of the division for the year;]
        [(2) general information and observations as to the implementation of this chapter within
    the state;]
        [(3) any other information requested by the governor.]
        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[, and the report of the auditor,
    containing information the governor may require, shall be made to the governor, and copies shall
    be submitted to members of the Legislature on or before January 1 next following the close of the
    fiscal year for which the report is made].
        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 [act and shall submit
    a report to the Legislature at the beginning of each regular session, covering the administration and
    operation of this act during the preceding calendar biennium, including such recommendations for
    amendments to this act during the preceding calendar biennium, as it considers proper] chapter.
        Section 15. Section 68-3-14 is enacted to read:
         68-3-14. Annual reports -- Executive summary -- Electronic copy.

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        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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