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H.B. 181






Sponsor: Evan L. Olsen

6    Byron L. Harward

10    This act affects sections of Utah Code Annotated 1953 as follows:
11    AMENDS:
12         4-38-4, as last amended by Chapter 64, Laws of Utah 1993
13         9-1-501, as last amended by Chapter 160, Laws of Utah 1995
14         9-10-107, as enacted by Chapter 341, Laws of Utah 1995
15         13-1a-4, as enacted by Chapter 66, Laws of Utah 1984
16         63-2-908, as last amended by Chapter 280, Laws of Utah 1992
17         63-65-3, as enacted by Chapter 35, Laws of Utah 1986
18         63A-4-101, as renumbered and amended by Chapter 212, Laws of Utah 1993
19         64-13-5, as enacted by Chapter 198, Laws of Utah 1985
20         64-13a-8, as enacted by Chapter 201, Laws of Utah 1985
21         64-13a-12, as enacted by Chapter 201, Laws of Utah 1985
22         67-11-9, Utah Code Annotated 1953
23    ENACTS:
24         68-3-14, Utah Code Annotated 1953
25    REPEALS:
26         9-4-409, as renumbered and amended by Chapter 241, Laws of Utah 1992

1         9-7-306, as renumbered and amended by Chapter 241, Laws of Utah 1992
2         11-33-9, as enacted by Chapter 223, Laws of Utah 1987
3         53-3-906, as enacted by Chapter 216, Laws of Utah 1993
4         63A-2-303, as renumbered and amended by Chapters 118 and 138, Laws of Utah 1993
5         67-1a-4, as enacted by Chapter 68, Laws of Utah 1984
6    Be it enacted by the Legislature of the state of Utah:
7        Section 1. Section 4-38-4 is amended to read:
8         4-38-4. Powers and duties of commission.
9        (1) The commission shall:
10        (a) license, regulate, and supervise all persons involved in the racing of horses as provided
11    in this chapter;
12        (b) license, regulate, and supervise all recognized race meets held in this state under the
13    terms of this chapter;
14        (c) cause the various places where recognized race meets are held to be visited and
15    inspected at least once a year;
16        (d) assist in procuring public liability insurance coverage from a private insurance
17    company for those licensees unable to otherwise obtain the insurance required under this chapter;
18        (e) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
19    Act, to govern race meets, including rules:
20        (i) to resolve scheduling conflicts and settle disputes among licensees;
21        (ii) to supervise, discipline, suspend, fine, and bar from events all persons required to be
22    licensed by this chapter; and
23        (iii) to hold, conduct, and operate all recognized race meets conducted pursuant to this
24    chapter;
25        (f) determine which persons participating, directly or indirectly, in recognized race meets
26    require licenses;
27        (g) announce the time, place, and duration of recognized race meets for which licenses
28    shall be required; and
29        (h) establish reasonable fees for all licenses provided for under this chapter[; and].
30        [(i) prepare and submit a report to the governor and the Legislature on or before December
31    31 each year containing detailed records of all meetings and of the business transacted in them and

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1    all licenses applied for and issued.]
2        (2) The commission may:
3        (a) grant, suspend, or revoke licenses issued under this chapter;
4        (b) impose fines as provided in this chapter;
5        (c) access criminal history record information for all licensees and commission employees;
6    and
7        (d) exclude from any racetrack facility in this state any person who the commission
8    considers detrimental to the best interests of racing or any person who violates any provisions of
9    this chapter or any rule or order of the commission.
10        Section 2. Section 9-1-501 is amended to read:
11         9-1-501. Utah Statehood Centennial Commission -- Composition -- Powers.
12        (1) There is created a commission to be known as the Utah Statehood Centennial
13    Commission.
14        (2) (a) The commission shall be composed of 25 bipartisan members appointed by the
15    governor with the consent of the Senate.
16        (b) The governor shall appoint one of the commission members as chairman.
17        (c) The members of the commission shall represent the various geographical regions of
18    the state and broadly represent the people of Utah.
19        (3) (a) A majority of the members of the commission constitute a quorum for the
20    transaction of business.
21        (b) The governor may remove any member of the commission for failure to perform.
22        (c) The governor may appoint a replacement to the commission if a vacancy occurs on the
23    commission for any reason.
24        (4) (a) The Department of Community and Economic Development shall provide
25    administrative support to the commission.
26        (b) The executive director of the Department of Community and Economic Development,
27    or his designee, shall serve as a non-voting member of the commission.
28        (5) The commission shall:
29        (a) work with all necessary state agencies to develop, produce, and sell a centennial license
30    plate to fund the commission's activities;
31        (b) develop plans to implement a statewide centennial celebration, to be held from January

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1    4, 1996 through January 24, 1997, and to conduct other centennial related activities before January
2    4, 1996;
3        (c) raise money through license plate sales and through other fundraising activities;
4        (d) establish committees to assist it in its work;
5        (e) make grants to county centennial committees, communities, and other groups and
6    individuals to carry out the purposes of this section; and
7        (f) make rules governing the expenditure of centennial funds by county centennial
8    committees and other organizations by complying with the procedures and requirements of Title
9    63, Chapter 46a, Utah Administrative Rulemaking Act[; and].
10        [(g) submit an annual report to the governor and to the Office of Legislative Research and
11    General Counsel for submission to the Legislature by December 1 of each year.]
12        (6) (a) The commission may hire staff to assist the commission in carrying out its duties,
13    and the governor shall appoint an executive director.
14        (b) The executive director shall:
15        (i) be the executive secretary to the commission;
16        (ii) administer the day-to-day affairs of the commission; and
17        (iii) carry out other duties and assignments as directed by the commission.
18        (c) The executive director shall be a nonmerit position who serves at the pleasure of the
19    governor.
20        (d) The executive director may appoint other staff members, provided that the commission
21    has approved a budget for that purpose.
22        (e) The staff members appointed by the executive director may be nonmerit positions.
23        (7) (a) The commission shall deposit all funds raised by it in the expendable trust fund
24    known as the Utah Statehood Centennial Trust, established in Section 9-1-504.
25        (b) The commission may spend the monies as authorized by this section.
26        (c) Any appropriations to the commission shall be nonlapsing until June 30, 1998.
27        (8) (a) The Utah Statehood Centennial Commission holds all rights to the use of the
28    statehood centennial slogan, logo, and license plate design and other commission property
29    protected by copyright or trademark.
30        (b) The commission may license or otherwise authorize the use of that slogan, logo,
31    design, or other commission property protected by copyright or trademark for commercial or other

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1    purposes as long as the license plate design is not used in a manner inconsistent with Subsection
2    41-1a-1305 (10).
3        (c) The commission may set a fee for the licensure or other authorized use of the slogan,
4    logo, design, and other commission property protected by trademark or copyright.
5        (9) The Utah Statehood Centennial Commission may borrow money from the state to
6    implement a statewide centennial celebration and to conduct other centennial related activities in
7    amounts not exceeding in the aggregate, the amount to be deposited in the Utah Statehood
8    Centennial Trust established under Section 9-1-504.
9         (10) The Utah Statehood Centennial Commission shall cease operations on or before June
10    30, 1998.
11        Section 3. Section 9-10-107 is amended to read:
12         9-10-107. Division to distribute monies -- Annual report -- Administration costs.
13        (1) At the end of each quarter, the division shall distribute, upon approval of the board,
14    payments to the recipients of loans and grants approved by the board during that quarter.
15        [(2) The division shall make an annual report to the Legislature and the governor
16    concerning the number and type of loans and grants made as well as a list of recipients of this
17    assistance.]
18        [(3)] (2) The division, with board approval, may use fund monies for the administration
19    of the fund, but this amount may not exceed 2% of the annual receipts to the fund.
20        Section 4. Section 13-1a-4 is amended to read:
21         13-1a-4. Annual budget.
22        [(1)] On or before the 1st day of October each year, the director [in connection with the
23    executive director shall report to the governor and the Legislature for the preceding fiscal year on
24    the operations, activities, and goals of the division. (2) The director] shall prepare and submit to
25    the executive director an annual budget of the administrative expenses of the division.
26        Section 5. Section 63-2-908 is amended to read:
27         63-2-908. Report on management of government records.
28        [(1)] The state archives shall provide for public inspection of the title and a summary
29    description of each record series.
30        [(2) On or before June 1 of each year, the state archives shall prepare a report for the
31    Legislature and governor which shall contain:]

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1        [(a) a summary description of each ordinance enacted in compliance with Section
2    63-2-701 and any report of noncompliance with this chapter; and]
3        [(b) a summary list of other sections in the code that contain provisions for the collection,
4    storage, classification, designation, access, or management of government records.]
5        Section 6. Section 63-65-3 is amended to read:
6         63-65-3. Investment officer -- Powers and duties.
7        (1) There is created within the Office of the State Treasurer an investment banking officer
8    to advise, counsel, and render technical assistance to authorizing agencies in the management of
9    state loan and grant programs.
10        (2) This officer shall:
11        (a) work cooperatively with the staff and boards of authorizing agencies as an advisor on
12    technical financial aspects concerning loan and grant programs authorized by law;
13        (b) coordinate procedures for the closing of and assist authorizing agencies in closing all
14    loans and grants of funds or other subsidy agreements;
15        (c) analyze, in conjunction with the appropriate authorizing agency, the financial
16    feasibility and economic and capital efficiency of projects of authorizing agencies, review
17    financing options, and make recommendations to each authorizing agency regarding terms of loans
18    or grants and levels of state subsidy in accordance with the financial feasibility of the project and
19    the efficiency of available state capital;
20        (d) coordinate and consolidate, to the extent possible, all financial and legal analysis of
21    financing plans and closings of loans and grants made by each authorizing agency; and
22        (e) provide an annual report of his activities to the state treasurer, the governor, the
23    Division of Finance, and the boards of each authorizing agency[, and the Legislature].
24        (3) The analysis under Subsection (2) (c) shall include, but is not limited to, consideration
25    of the following criteria:
26        (a) a demonstration of need based on the applicant's overall financial profile, including but
27    not limited to, overlapping debt, tax levies, user rates, fees, charges, assessments, and other
28    revenue and obligations existing within the community as a whole;
29        (b) the ability of the applicant to obtain financing from other (preferably private) sources
30    on terms and conditions reasonably affordable;
31        (c) the availability and advisability of financing methods such as loans, grants, interest buy

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1    down arrangements, bond insurance, loan or bond guarantees, or any other appropriate method;
2        (d) the economic and efficiency of capital advantages enuring to the authorizing agency
3    if the financing plan is adopted;
4        (e) a demonstration of local public support for the financing plan; and
5        (f) availability of other funds and financing methods under law.
6        (4) Each authorizing agency shall consult with and cooperate with the officer and shall
7    consider his recommendations before proceeding to fund a project, but the final decision as to the
8    appropriate financing plan shall rest with the board of the authorizing agency according to their
9    legal authority existing at the time.
10        Section 7. Section 63A-4-101 is amended to read:
11         63A-4-101. Risk manager -- Appointment -- Duties.
12        (1) The executive director shall appoint a risk manager, who shall be qualified by
13    education and experience in the management of general property and casualty insurance.
14        (2) The risk manager shall:
15        (a) acquire and administer all property, casualty insurance, and workers' compensation
16    insurance purchased by the state;
17        (b) recommend that the executive director make rules:
18        (i) prescribing reasonable and objective underwriting and risk control standards for state
19    agencies;
20        (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
21    which these risks will be covered;
22        (iii) prescribing the properties, risks, deductibles, and amount limits eligible for payment
23    out of the fund;
24        (iv) prescribing procedures for making claims and proof of loss; and
25        (v) establishing procedures for the resolution of disputes relating to coverage or claims,
26    which may include binding arbitration[.];
27        (c) implement a risk management and loss prevention program for state agencies for the
28    purpose of reducing risks, accidents, and losses to assist state officers and employees in fulfilling
29    their responsibilities for risk control and safety;
30        (d) coordinate and cooperate with any state agency having responsibility to manage and
31    protect state properties, including the state fire marshal, the director of the Division of Facilities

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1    Construction and Management, the Department of Public Safety, and institutions of higher
2    education;
3        (e) maintain records necessary to fulfill the requirements of this section;
4        [(f) present an annual report to the executive director describing the execution of risk
5    management responsibilities in the state;]
6        [(g)] (f) manage the fund in accordance with economically and actuarially sound principles
7    to produce adequate reserves for the payment of contingencies, including unpaid and unreported
8    claims, and may purchase any insurance or reinsurance considered necessary to accomplish this
9    objective; and
10        [(h)] (g) inform the agency's governing body and the governor when any agency fails or
11    refuses to comply with reasonable risk control recommendations made by the risk manager.
12        (3) Before the effective date of any rule, the risk manager shall provide a copy of the rule
13    to each agency affected by it.
14        Section 8. Section 64-13-5 is amended to read:
15         64-13-5. Council duties.
16        (1) The Corrections Advisory Council shall review and make recommendations to the
17    executive director of the Department of Corrections concerning:
18        (a) the role and responsibility of the department and its programs;
19        (b) existing and proposed policies of the department;
20        (c) the annual budget request for the department prior to submission to the governor;
21        (d) development and implementation of master plans for the department's programs and
22    facilities, including facility siting;
23        (e) any subject [deemed] considered appropriate by the council, except the council may not
24    become involved in administrative matters; and
25        (f) any subject concerning the department, as requested by the executive director.
26        (2) The council shall encourage citizen awareness and input regarding programs in the
27    field of corrections.
28        [(3) The council shall prepare an annual report for the governor and the Legislature on the
29    status of the department and its programs.]
30        [(4)] (3) The director of the department shall provide staff assistance and any information
31    necessary for the Corrections Advisory Council to fulfill its responsibilities under this chapter.

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1        Section 9. Section 64-13a-8 is amended to read:
2         64-13a-8. Reports to governor and Legislature.
3        Utah correctional industries shall [from time to time] make reports to the governor
4    concerning the administration of this chapter, as [he] the governor may require[, and shall annually
5    before October 1 make to the governor and Legislature a report for the fiscal year ending on June
6    30 of the year in which the report is made, which shall contain:].
7        [(1) a balance sheet, income statement, and statement of changes in financial position and
8    other matters as necessary to show the results of operations of the division for the year;]
9        [(2) general information and observations as to the implementation of this chapter within
10    the state;]
11        [(3) any other information requested by the governor.]
12        Section 10. Section 64-13a-12 is amended to read:
13         64-13a-12. Audit of financial statements.
14        The financial statements of the fund shall be audited annually by the state auditor or by
15    another person, firm, or corporation as the governor may appoint[, and the report of the auditor,
16    containing information the governor may require, shall be made to the governor, and copies shall
17    be submitted to members of the Legislature on or before January 1 next following the close of the
18    fiscal year for which the report is made].
19        Section 11. Section 67-11-9 is amended to read:
20         67-11-9. Studies by state agency -- Annual report.
21        The state agency shall make studies concerning the problem of old-age and survivors
22    insurance protection for employees of the state and local governments and their instrumentalities
23    and concerning the operation of agreements made and plans approved under this [act and shall
24    submit a report to the Legislature at the beginning of each regular session, covering the
25    administration and operation of this act during the preceding calendar biennium, including such
26    recommendations for amendments to this act during the preceding calendar biennium, as it
27    considers proper] chapter.
28        Section 12. Section 68-3-14 is enacted to read:
29         68-3-14. Annual reports -- Executive summary -- Electronic copy.
30        Whenever an annual report to the Legislature and to the governor, or to either one, is
31    required by these statutes, that requirement may be fulfilled by:

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1        (1) sending an executive summary, highlighting the contents of the annual report and the
2    address of the electronic or hard copy of the annual report to each legislator and to the governor,
3    or to either one, as required by the statute;
4        (2) providing an electronic copy of the annual report on the state's internet site; and
5        (3) providing the executive summary and the address of the electronic copy of the annual
6    report to the Office of Legislative Research and General Counsel if the annual report is required
7    to be provided to the Legislature.
8        Section 13. Repealer.
9        This act repeals:
10        Section 9-4-409, Plans for implementation -- Reports to Legislature.
11        Section 9-7-306, Annual report.
12        Section 11-33-9, Reports -- Copies.
13        Section 53-3-906, Reporting.
14        Section 63A-2-303, Annual report to Legislature.
15        Section 67-1a-4, Annual report.

Legislative Review Note
    as of 12-17-96 9:04 AM

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

Office of Legislative Research and General Counsel

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