First Substitute H.B. 181

1

REDUCTION AND SUMMARIZATION OF
2 ANNUAL REPORTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Evan L. Olsen
6 Byron L. Harward

7 AN ACT RELATING TO STATUTES AND STATE AFFAIRS; PROVIDING A REPEAL OF
8 CERTAIN ANNUAL REPORTS TO THE LEGISLATURE AND THE GOVERNOR; AND
9 PROVIDING FOR A SHORT SUMMARY OF OTHER ANNUAL REPORTS.
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 34-20-3 (Effective 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
17 35-8-2 (Renumbered 07/01/97), as last amended by Chapter 240, Laws of Utah 1996
18 40-10-27, as last amended by Chapter 159, Laws of Utah 1996
19 63-2-908, as last amended by Chapter 280, Laws of Utah 1992
20 63-65-3, as enacted by Chapter 35, Laws of Utah 1986
21 63A-4-101, as renumbered and amended by Chapter 212, Laws of Utah 1993
22 64-13-5, as enacted by Chapter 198, Laws of Utah 1985
23 64-13a-8, as enacted by Chapter 201, Laws of Utah 1985
24 64-13a-12, as enacted by Chapter 201, Laws of Utah 1985
25 67-11-9, Utah Code Annotated 1953
26 ENACTS:

1 68-3-14, Utah Code Annotated 1953
2 REPEALS:
3 9-4-409, as renumbered and amended by Chapter 241, Laws of Utah 1992
4 9-7-306, as renumbered and amended by Chapter 241, Laws of Utah 1992
5 11-33-9, as enacted by Chapter 223, Laws of Utah 1987
6 53-3-906, as enacted by Chapter 216, Laws of Utah 1993
7 63A-2-303, as renumbered and amended by Chapters 118 and 138, Laws of Utah 1993
8 67-1a-4, as enacted by Chapter 68, Laws of Utah 1984
9 Be it enacted by the Legislature of the state of Utah:
10 Section 1. Section 4-38-4 is amended to read:
11 4-38-4. Powers and duties of commission.
12 (1) The commission shall:
13 (a) license, regulate, and supervise all persons involved in the racing of horses as provided
14 in this chapter;
15 (b) license, regulate, and supervise all recognized race meets held in this state under the
16 terms of this chapter;
17 (c) cause the various places where recognized race meets are held to be visited and
18 inspected at least once a year;
19 (d) assist in procuring public liability insurance coverage from a private insurance
20 company for those licensees unable to otherwise obtain the insurance required under this chapter;
21 (e) make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
22 Act, to govern race meets, including rules:
23 (i) to resolve scheduling conflicts and settle disputes among licensees;
24 (ii) to supervise, discipline, suspend, fine, and bar from events all persons required to be
25 licensed by this chapter; and
26 (iii) to hold, conduct, and operate all recognized race meets conducted pursuant to this
27 chapter;
28 (f) determine which persons participating, directly or indirectly, in recognized race meets
29 require licenses;
30 (g) announce the time, place, and duration of recognized race meets for which licenses
31 shall be required; and

- 2 -

1 (h) establish reasonable fees for all licenses provided for under this chapter[; and].
2 [(i) prepare and submit a report to the governor and the Legislature on or before December
3 31 each year containing detailed records of all meetings and of the business transacted in them and
4 all licenses applied for and issued.]
5 (2) The commission may:
6 (a) grant, suspend, or revoke licenses issued under this chapter;
7 (b) impose fines as provided in this chapter;
8 (c) access criminal history record information for all licensees and commission employees;
9 and
10 (d) exclude from any racetrack facility in this state any person who the commission
11 considers detrimental to the best interests of racing or any person who violates any provisions of
12 this chapter or any rule or order of the commission.
13 Section 2. Section 9-1-501 is amended to read:
14 9-1-501. Utah Statehood Centennial Commission -- Composition -- Powers.
15 (1) There is created a commission to be known as the Utah Statehood Centennial
16 Commission.
17 (2) (a) The commission shall be composed of 25 bipartisan members appointed by the
18 governor with the consent of the Senate.
19 (b) The governor shall appoint one of the commission members as chairman.
20 (c) The members of the commission shall represent the various geographical regions of
21 the state and broadly represent the people of Utah.
22 (3) (a) A majority of the members of the commission constitute a quorum for the
23 transaction of business.
24 (b) The governor may remove any member of the commission for failure to perform.
25 (c) The governor may appoint a replacement to the commission if a vacancy occurs on the
26 commission for any reason.
27 (4) (a) The Department of Community and Economic Development shall provide
28 administrative support to the commission.
29 (b) The executive director of the Department of Community and Economic Development,
30 or his designee, shall serve as a non-voting member of the commission.
31 (5) The commission shall:

- 3 -

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

- 4 -

1 protected by copyright or trademark.
2 (b) The commission may license or otherwise authorize the use of that slogan, logo,
3 design, or other commission property protected by copyright or trademark for commercial or other
4 purposes as long as the license plate design is not used in a manner inconsistent with Subsection
5 41-1a-1305 (10).
6 (c) The commission may set a fee for the licensure or other authorized use of the slogan,
7 logo, design, and other commission property protected by trademark or copyright.
8 (9) The Utah Statehood Centennial Commission may borrow money from the state to
9 implement a statewide centennial celebration and to conduct other centennial related activities in
10 amounts not exceeding in the aggregate, the amount to be deposited in the Utah Statehood
11 Centennial Trust established under Section 9-1-504.
12 (10) The Utah Statehood Centennial Commission shall cease operations on or before June
13 30, 1998.
14 Section 3. Section 9-10-107 is amended to read:
15 9-10-107. Division to distribute monies -- Annual report -- Administration costs.
16 (1) At the end of each quarter, the division shall distribute, upon approval of the board,
17 payments to the recipients of loans and grants approved by the board during that quarter.
18 [(2) The division shall make an annual report to the Legislature and the governor
19 concerning the number and type of loans and grants made as well as a list of recipients of this
20 assistance.]
21 [(3)] (2) The division, with board approval, may use fund monies for the administration
22 of the fund, but this amount may not exceed 2% of the annual receipts to the fund.
23 Section 4. Section 13-1a-4 is amended to read:
24 13-1a-4. Annual budget.
25 [(1)] On or before the 1st day of October each year, the director [in connection with the
26 executive director shall report to the governor and the Legislature for the preceding fiscal year on
27 the operations, activities, and goals of the division. (2) The director] shall prepare and submit to
28 the executive director an annual budget of the administrative expenses of the division.
29 Section 5. Section 34-20-3 (Effective 07/01/97) is amended to read:
30 34-20-3 (Effective 07/01/97). Labor relations board.
31 (1) The Workforce Appeals Board is designated as the labor relations board for the state.

- 5 -

1 (2) A vacancy in the board shall not impair the right of the remaining members to exercise
2 all the powers of the board, and two members of the board shall at all times constitute a quorum.
3 The board shall have an official seal which shall be judicially noticed.
4 [(3) The board shall at the close of each fiscal year make a report in writing to the
5 Legislature and to the governor stating in detail the cases it has heard, the decisions it has rendered,
6 the names, salaries, and duties of all employees and officers in the employ or under the supervision
7 of the board, and an account of all moneys it has disbursed.]
8 Section 6. Section 35-8-2 (Renumbered 07/01/97) is amended to read:
9 35-8-2 (Renumbered 07/01/97). Apprenticeship Council -- Composition --
10 Appointment of representatives -- Terms of members -- Filling of vacancy -- Compensation
11 of members -- Duties -- Director of apprenticeship -- Designation of officers -- Annual public
12 report.
13 (1) (a) The Apprenticeship Council shall be composed of 12 representatives:
14 (i) four members representing employees in the various trades;
15 (ii) four private citizens;
16 (iii) one member representing the State Board for Applied Technology Education;
17 (iv) one member representing higher educational institutions of the state; and
18 (v) the administrator of the Department of Employment Security.
19 (b) The chair of the Industrial Commission shall appoint all members and sit as an ex
20 officio member of the council without vote.
21 (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
22 the chair of the Industrial Commission shall appoint each new member or reappointed member to
23 a four-year term.
24 (b) Notwithstanding the requirements of Subsection (2)(a), the chair of the Industrial
25 Commission shall, at the time of appointment or reappointment, adjust the length of terms to
26 ensure that the terms of council members are staggered so that approximately half of the council
27 is appointed every two years.
28 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
29 appointed for the unexpired term.
30 (4) (a) (i) Members who are not government employees shall receive no compensation or
31 benefits for their services, but may receive per diem and expenses incurred in the performance of

- 6 -

1 the member's official duties at the rates established by the Division of Finance under Sections
2 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the council at the rates established by the Division
7 of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) (i) Local government members who do not receive salary, per diem, or expenses from
11 the entity that they represent for their service may receive per diem and expenses incurred in the
12 performance of their official duties at the rates established by the Division of Finance under
13 Sections 63A-3-106 and 63A-3-107.
14 (ii) Local government members may decline to receive per diem and expenses for their
15 service.
16 (d) (i) Higher education members who do not receive salary, per diem, or expenses from
17 the entity that they represent for their service may receive per diem and expenses incurred in the
18 performance of their official duties from the committee at the rates established by the Division of
19 Finance under Sections 63A-3-106 and 63A-3-107.
20 (ii) Higher education members may decline to receive per diem and expenses for their
21 service.
22 (5) (a) The Apprenticeship Council, with the approval of the chair of the Industrial
23 Commission, shall appoint, fix the compensation, and prescribe the duties and powers of a director
24 of apprenticeship, and such other personnel as may be necessary to aid the council in the execution
25 of its functions under this chapter.
26 (b) The appointment of the director of apprenticeship and all other full-time personnel
27 shall be made in accordance with, and pursuant to, the merit system rules and regulations
28 applicable to the employees of the Department of Employment Security.
29 (6) At the call of and subject to the approval of the appointive authority the Apprenticeship
30 Council shall:
31 (a) designate from its membership a chair and a secretary, neither of whom shall be

- 7 -

1 employees of the state;
2 (b) formulate policies for the effective administration of this chapter;
3 (c) establish standards for apprenticeship agreements which in no case shall be lower than
4 those prescribed in this chapter;
5 (d) issue such rules and regulations as may be necessary to carry out the intents and
6 purposes of this chapter; and
7 (e) perform such other functions relative to apprenticeship as the appointive authority may
8 direct[; and].
9 [(f) not less than once each year, make to the appointive authority a report covering the
10 activities and findings of the council, which shall be transmitted to the Legislature and the public.]
11 Section 7. Section 40-10-27 is amended to read:
12 40-10-27. Entry upon land adversely affected by past coal mining practices --
13 Conducting of studies or exploratory work -- State acquisition of land -- Lien -- Waste
14 disposal fund -- Water pollution control and treatment plants.
15 (1) (a) If the board, after notice and hearing, makes a finding of fact as provided in
16 Subsection (1)(b), the agents, employees, or contractors of the division shall have the right to enter
17 property adversely affected by past coal mining practices and any other property to have access
18 to property adversely affected by past coal mining practices to do whatever is necessary or
19 expedient to restore, reclaim, abate, control, or prevent the adverse effects.
20 (b) The board shall find that:
21 (i) land or water resources have been adversely affected by past coal mining practices;
22 (ii) the adverse effects are at a stage where, in the public interest, action to restore, reclaim,
23 abate, control, or prevent should be taken; and
24 (iii) the owners of the land or water resources where entry must be made to restore,
25 reclaim, abate, control, or prevent the adverse effects of past coal mining practices:
26 (A) are not known;
27 (B) are not readily available; or
28 (C) will not give permission for the state or its political subdivisions, their agents,
29 employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent
30 the adverse effects of past coal mining practices.
31 (c) Notice of the division's right to enter the property shall be:

- 8 -

1 (i) given by mail, if the owners are known; and
2 (ii) posted upon the premises and advertised once in a newspaper of general circulation
3 in the county in which the land lies, if the owners are not known.
4 (d) This entry shall be construed as an exercise of the police power for the protection of
5 public health, safety, and general welfare and may not be construed as an act of condemnation of
6 property nor of trespass on it.
7 (e) The monies expended for this work and the benefits accruing to the premises entered
8 upon shall be chargeable against the land and shall mitigate or offset any claim in or any action
9 brought by any owner of any interest in these premises for any alleged damages by virtue of the
10 entry.
11 (f) Subsection (1) is not intended to create new rights of action or eliminate existing
12 immunities.
13 (2) (a) The agents, employees, or contractors of the division may enter upon any property
14 for the purpose of conducting studies or exploratory work to determine the existence of adverse
15 effects of past coal mining practices and to determine the feasibility of restoration, reclamation,
16 abatement, control, or prevention of these adverse effects.
17 (b) This entry shall be construed as an exercise of the police power for the protection of
18 public health, safety, and general welfare and may not be construed as an act of condemnation of
19 property or trespass on it.
20 (3) The state may acquire any land by purchase, donation, or condemnation which is
21 adversely affected by past coal mining practices if the board, after notice and hearing, determines
22 that acquisition of this land is necessary to successful reclamation and that:
23 (a) the acquired land, after restoration, reclamation, abatement, control, or prevention of
24 the adverse effects of past coal mining practices, will serve recreation and historic purposes,
25 conservation and reclamation purposes, or provide open space benefits; and
26 (b) (i) permanent facilities such as a treatment plant or a relocated stream channel will be
27 constructed on the land for the restoration, reclamation, abatement, control, or prevention of the
28 adverse effects of past coal mining practices; or
29 (ii) acquisitions of coal refuse disposal sites and all coal refuse on the sites will serve the
30 purposes of this chapter or that public ownership is desirable to meet emergency situations and
31 prevent recurrences of the adverse effects of past coal mining practices.

- 9 -

1 (4) (a) Title to all lands acquired under this section shall be in the name of the state.
2 (b) The price paid for land acquired under this section shall reflect the market value of the
3 land as adversely affected by past coal mining practices.
4 (5) (a) If land acquired under this section is considered suitable for industrial, commercial,
5 residential, or recreational development, the division, in conjunction with the Division of Forestry,
6 Fire and State Lands, may sell this land by public sale under a system of competitive bidding, at
7 not less than fair market value, and under any other rules promulgated to insure that the land is put
8 to proper use consistent with local and state land use plans.
9 (b) (i) The state, when requested after appropriate public notice, shall hold a public hearing
10 with the appropriate notice, in the counties or appropriate political subdivisions of the state in
11 which lands acquired under this section are located.
12 (ii) The hearing shall be held at a time which shall afford local citizens and governments
13 the maximum opportunity to participate in the decision concerning the use or disposition of the
14 lands after restoration, reclamation, abatement, control, or prevention of the adverse effects of past
15 coal mining practices.
16 (6) (a) The state, through the division and the Division of Forestry, Fire and State Lands,
17 shall have the authority to accept lands acquired and reclaimed by the Secretary of the Interior
18 pursuant to Section 407(h) of Public Law 95-87.
19 (b) The division has the authority to accept grants from the Secretary to carry out the
20 purposes of Section 407(h) of Public Law 95-87.
21 (7) (a) Within six months after the completion of projects to restore, reclaim, abate,
22 control, or prevent adverse effects of past coal mining practices on privately owned land, the
23 division shall itemize the monies expended and may file a statement of those expenses in the office
24 of the county recorder of the county in which the land lies, together with a notarized appraisal by
25 an independent appraiser of the value of the land before the restoration, reclamation, abatement,
26 control, or prevention of adverse effects of past coal mining practices if the monies expended result
27 in a significant increase in property value.
28 (b) This statement shall constitute a lien upon the land described in it.
29 (c) The lien may not exceed the amount determined by the appraisal to be the increase in
30 the market value of the land as a result of the restoration, reclamation, abatement, control, or
31 prevention of the adverse effects of past coal mining practices.

- 10 -

1 (d) A lien may not be filed against the property of any person, in accordance with this
2 subsection who owned the surface prior to May 2, 1977, and who neither consented to nor
3 participated in nor exercised control over the mining operation which necessitated the reclamation
4 performed.
5 (8) (a) The landowner may proceed to petition within 60 days after the filing of the lien
6 to determine the increase in the market value of the land as a result of the restoration, reclamation,
7 abatement, control, or prevention of the adverse effects of past coal mining practices.
8 (b) The amount reported to be the increase in value of the premises shall constitute the
9 amount of the lien and shall be recorded with the statement provided for in Subsection (7).
10 (c) Any party aggrieved by the decision may appeal as provided by law.
11 (9) (a) The lien provided in this section shall be recorded in the office of the county
12 recorder of the county in which the land lies.
13 (b) The statement shall constitute a lien upon the land as of the date of the expenditure of
14 the monies and shall have priority as a lien second only to the lien of real estate taxes imposed
15 upon the land.
16 (10) (a) The division may fill any voids, seal any abandoned tunnels, shafts, and
17 entryways, and reclaim surface impacts of underground or surface mines which the division
18 determines could endanger life and property, constitute a hazard to the public health and safety,
19 or degrade the environment.
20 (b) The division may make expenditures and carry out the purposes of this section without
21 regard to the provisions of Subsections 40-10-25(2) and (3) only after all reclamation with respect
22 to abandoned coal lands or coal development impacts have been met, except for those reclamation
23 projects relating to the protection of the public health or safety.
24 (c) In those instances where mine waste piles are being reworked for conservation
25 purposes, the incremental costs of disposing of the wastes from these operations by filling voids
26 and sealing tunnels may be eligible for funding if the disposal of these wastes meets the purposes
27 of this section.
28 (d) The division may acquire by purchase, donation, easement, or otherwise those interests
29 in land it determines necessary to carry out the provisions of this section.
30 [(11) The division shall make an annual report to the Legislature and the United States
31 Congress on operations under the fund, together with its recommendations as to future use of the

- 11 -

1 fund.]
2 [(12)] (11) (a) The division may request the attorney general, who is hereby authorized to
3 initiate, in addition to any other remedies provided for in this chapter, in any court of competent
4 jurisdiction, an action in equity for an injunction to restrain any interference with the exercise of
5 the right to enter or to conduct any work provided in this section.
6 (b) (i) The division, in conjunction with appropriate state agencies as determined in the
7 rules, may construct and operate plants for the control and treatment of water pollution resulting
8 from mine drainage.
9 (ii) The extent of this control and treatment of water pollution may be dependent upon the
10 ultimate use of the water.
11 (iii) This subsection may not be construed to repeal or supersede any portion of the federal
12 Water Pollution Control Act, 33 U.S.C. Sec. 1151 et seq., and no control or treatment under this
13 subsection shall in any way be less than that required under the federal Water Pollution Control
14 Act.
15 (iv) The construction of a plant may include major interceptors and other facilities
16 appurtenant to the plant.
17 (c) The division may transfer funds to other appropriate state agencies, in order to carry
18 out the reclamation activities authorized by this chapter.
19 Section 8. Section 63-2-908 is amended to read:
20 63-2-908. Report on management of government records.
21 [(1)] The state archives shall provide for public inspection of the title and a summary
22 description of each record series.
23 [(2) On or before June 1 of each year, the state archives shall prepare a report for the
24 Legislature and governor which shall contain:]
25 [(a) a summary description of each ordinance enacted in compliance with Section
26 63-2-701 and any report of noncompliance with this chapter; and]
27 [(b) a summary list of other sections in the code that contain provisions for the collection,
28 storage, classification, designation, access, or management of government records.]
29 Section 9. Section 63-65-3 is amended to read:
30 63-65-3. Investment officer -- Powers and duties.
31 (1) There is created within the Office of the State Treasurer an investment banking officer

- 12 -

1 to advise, counsel, and render technical assistance to authorizing agencies in the management of
2 state loan and grant programs.
3 (2) This officer shall:
4 (a) work cooperatively with the staff and boards of authorizing agencies as an advisor on
5 technical financial aspects concerning loan and grant programs authorized by law;
6 (b) coordinate procedures for the closing of and assist authorizing agencies in closing all
7 loans and grants of funds or other subsidy agreements;
8 (c) analyze, in conjunction with the appropriate authorizing agency, the financial
9 feasibility and economic and capital efficiency of projects of authorizing agencies, review
10 financing options, and make recommendations to each authorizing agency regarding terms of loans
11 or grants and levels of state subsidy in accordance with the financial feasibility of the project and
12 the efficiency of available state capital;
13 (d) coordinate and consolidate, to the extent possible, all financial and legal analysis of
14 financing plans and closings of loans and grants made by each authorizing agency; and
15 (e) provide an annual report of his activities to the state treasurer, the governor, the
16 Division of Finance, and the boards of each authorizing agency[, and the Legislature].
17 (3) The analysis under Subsection (2) (c) shall include, but is not limited to, consideration
18 of the following criteria:
19 (a) a demonstration of need based on the applicant's overall financial profile, including but
20 not limited to, overlapping debt, tax levies, user rates, fees, charges, assessments, and other
21 revenue and obligations existing within the community as a whole;
22 (b) the ability of the applicant to obtain financing from other (preferably private) sources
23 on terms and conditions reasonably affordable;
24 (c) the availability and advisability of financing methods such as loans, grants, interest buy
25 down arrangements, bond insurance, loan or bond guarantees, or any other appropriate method;
26 (d) the economic and efficiency of capital advantages enuring to the authorizing agency
27 if the financing plan is adopted;
28 (e) a demonstration of local public support for the financing plan; and
29 (f) availability of other funds and financing methods under law.
30 (4) Each authorizing agency shall consult with and cooperate with the officer and shall
31 consider his recommendations before proceeding to fund a project, but the final decision as to the

- 13 -

1 appropriate financing plan shall rest with the board of the authorizing agency according to their
2 legal authority existing at the time.
3 Section 10. Section 63A-4-101 is amended to read:
4 63A-4-101. Risk manager -- Appointment -- Duties.
5 (1) The executive director shall appoint a risk manager, who shall be qualified by
6 education and experience in the management of general property and casualty insurance.
7 (2) The risk manager shall:
8 (a) acquire and administer all property, casualty insurance, and workers' compensation
9 insurance purchased by the state;
10 (b) recommend that the executive director make rules:
11 (i) prescribing reasonable and objective underwriting and risk control standards for state
12 agencies;
13 (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
14 which these risks will be covered;
15 (iii) prescribing the properties, risks, deductibles, and amount limits eligible for payment
16 out of the fund;
17 (iv) prescribing procedures for making claims and proof of loss; and
18 (v) establishing procedures for the resolution of disputes relating to coverage or claims,
19 which may include binding arbitration[.];
20 (c) implement a risk management and loss prevention program for state agencies for the
21 purpose of reducing risks, accidents, and losses to assist state officers and employees in fulfilling
22 their responsibilities for risk control and safety;
23 (d) coordinate and cooperate with any state agency having responsibility to manage and
24 protect state properties, including the state fire marshal, the director of the Division of Facilities
25 Construction and Management, the Department of Public Safety, and institutions of higher
26 education;
27 (e) maintain records necessary to fulfill the requirements of this section;
28 [(f) present an annual report to the executive director describing the execution of risk
29 management responsibilities in the state;]
30 [(g)] (f) manage the fund in accordance with economically and actuarially sound principles
31 to produce adequate reserves for the payment of contingencies, including unpaid and unreported

- 14 -

1 claims, and may purchase any insurance or reinsurance considered necessary to accomplish this
2 objective; and
3 [(h)] (g) inform the agency's governing body and the governor when any agency fails or
4 refuses to comply with reasonable risk control recommendations made by the risk manager.
5 (3) Before the effective date of any rule, the risk manager shall provide a copy of the rule
6 to each agency affected by it.
7 Section 11. Section 64-13-5 is amended to read:
8 64-13-5. Council duties.
9 (1) The Corrections Advisory Council shall review and make recommendations to the
10 executive director of the Department of Corrections concerning:
11 (a) the role and responsibility of the department and its programs;
12 (b) existing and proposed policies of the department;
13 (c) the annual budget request for the department prior to submission to the governor;
14 (d) development and implementation of master plans for the department's programs and
15 facilities, including facility siting;
16 (e) any subject [deemed] considered appropriate by the council, except the council may not
17 become involved in administrative matters; and
18 (f) any subject concerning the department, as requested by the executive director.
19 (2) The council shall encourage citizen awareness and input regarding programs in the
20 field of corrections.
21 [(3) The council shall prepare an annual report for the governor and the Legislature on the
22 status of the department and its programs.]
23 [(4)] (3) The director of the department shall provide staff assistance and any information
24 necessary for the Corrections Advisory Council to fulfill its responsibilities under this chapter.
25 Section 12. Section 64-13a-8 is amended to read:
26 64-13a-8. Reports to governor and Legislature.
27 Utah correctional industries shall [from time to time] make reports to the governor
28 concerning the administration of this chapter, as [he] the governor may require[, and shall annually
29 before October 1 make to the governor and Legislature a report for the fiscal year ending on June
30 30 of the year in which the report is made, which shall contain:].
31 [(1) a balance sheet, income statement, and statement of changes in financial position and

- 15 -

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

- 16 -

1 Section 16. Repealer.
2 This act repeals:
3 Section 9-4-409, Plans for implementation -- Reports to Legislature.
4 Section 9-7-306, Annual report.
5 Section 11-33-9, Reports -- Copies.
6 Section 53-3-906, Reporting.
7 Section 63A-2-303, Annual report to Legislature.
8 Section 67-1a-4, Annual report.

- 17 -