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H.B. 213 Enrolled

                 

WORKERS' COMPENSATION FUND AMENDMENTS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: John E. Swallow

                  AN ACT RELATING TO WORKERS' COMPENSATION; AMENDING DEFINITION OF
                  WORKERS' COMPENSATION PRODUCTS AND SERVICES; AMENDING THE NAME OF
                  THE WORKERS' COMPENSATION FUND OF UTAH; AND MAKING TECHNICAL
                  CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      11-8-3, as last amended by Chapter 299, Laws of Utah 1995
                      31A-1-105, as last amended by Chapter 131, Laws of Utah 1999
                      31A-19a-401, as renumbered and amended by Chapter 130, Laws of Utah 1999
                      31A-21-101, as last amended by Chapter 10, Laws of Utah 1988, Second Special Session
                      31A-22-309, as last amended by Chapter 4, Laws of Utah 1994
                      31A-22-1001, as last amended by Chapter 204, Laws of Utah 1986
                      31A-26-103, as last amended by Chapter 375, Laws of Utah 1997
                      31A-33-101, as last amended by Chapter 107, Laws of Utah 1998
                      31A-33-102, as last amended by Chapter 375, Laws of Utah 1997
                      31A-33-103, as last amended by Chapter 204, Laws of Utah 1997
                      34A-2-102, as renumbered and amended by Chapter 375, Laws of Utah 1997
                      34A-2-107, as last amended by Chapter 10 and renumbered and amended by Chapter 375,
                  Laws of Utah 1997
                      34A-2-201, as last amended by Chapter 55, Laws of Utah 1999
                      34A-2-203, as renumbered and amended by Chapter 375, Laws of Utah 1997
                      34A-2-211, as last amended by Chapter 13, Laws of Utah 1998
                      34A-2-406, as renumbered and amended by Chapter 375, Laws of Utah 1997
                      51-5-4, as last amended by Chapter 127, Laws of Utah 1993
                      51-7-2, as repealed and reenacted by Chapter 285, Laws of Utah 1992


                      51-7-4, as last amended by Chapter 263, Laws of Utah 1995
                      59-9-101, as last amended by Chapter 375, Laws of Utah 1997
                      59-9-101.1, as last amended by Chapter 21, Laws of Utah 1999
                      63-5b-102, as last amended by Chapters 82 and 375, Laws of Utah 1997
                      63-38a-102, as enacted by Chapter 259, Laws of Utah 1992
                      63-95-102, as last amended by Chapter 76, Laws of Utah 1999
                      67-4-2, as last amended by Chapter 14, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 11-8-3 is amended to read:
                       11-8-3. Department of Environmental Quality to negotiate loans for sewage facilities.
                      (1) The Department of Environmental Quality may negotiate loans from the Retirement
                  Systems Fund, State Land Principal Fund, Workers' Compensation Fund [of Utah], or any state trust
                  and agency fund which has sums available for loaning, as these funds are defined in Title 51, Chapter
                  5, Funds Consolidation Act, not to exceed $1,000,000 in any fiscal year for the purposes of providing
                  the funding for the loans provided for in Section 11-8-2 .
                      (2) The terms of any borrowing and repayment shall be negotiated between the borrower and
                  the lender consistent with the legal duties of the lender.
                      Section 2. Section 31A-1-105 is amended to read:
                       31A-1-105. Presumption of jurisdiction.
                      (1) Any insurer, including the Workers' Compensation Fund [of Utah] created under Chapter
                  33, that provides coverage of a resident of this state, property located in this state, or a business
                  activity conducted in this state, or that engages in any activity described in Subsections
                  31A-15-102 (2)(a) through (h), is:
                      (a) doing an insurance business in this state; and
                      (b) subject to the jurisdiction of the insurance commissioner and the courts of this state under
                  Sections 31A-2-309 and 31A-2-310 to the extent of that coverage or activity.
                      (2) Any person doing or purporting to do an insurance business in this state as defined in
                  Section 31A-1-301 is subject to the jurisdiction of the insurance commissioner and this title, unless

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                  the insurer can establish that the exemptions of Section 31A-1-103 apply.
                      (3) This section does not limit the jurisdiction of the courts of this state under other
                  applicable law.
                      Section 3. Section 31A-19a-401 is amended to read:
                       31A-19a-401. Scope of part.
                      (1) This part applies to workers' compensation insurance and employers' liability insurance
                  written in connection with it.
                      (2) All insurers writing workers' compensation coverage, including the Workers'
                  Compensation Fund [of Utah] created under Chapter 33, are subject to this part.
                      Section 4. Section 31A-21-101 is amended to read:
                       31A-21-101. Scope of Title 31A, Chapters 21 and 22.
                      (1) Except as provided in Subsections (2) through (6), this chapter and Chapter 22 apply to
                  all insurance policies, applications, and certificates:
                      (a) delivered or issued for delivery in this state;
                      (b) on property ordinarily located in this state;
                      (c) on persons residing in this state when the policy is issued; and
                      (d) on business operations in this state.
                      (2) This chapter and Chapter 22 do not apply to:
                      (a) the exemptions provided in Section 31A-1-103 ;
                      (b) insurance policies procured under Sections 31A-15-103 and 31A-15-104 ;
                      (c) an insurance policy on business operations in this state if the contract is negotiated
                  primarily outside this state and if the operations in this state are incidental or subordinate to
                  operations outside this state, except that insurance required by a Utah statute must conform to the
                  statutory requirements; or
                      (d) other exemptions provided in this title.
                      (3) Sections 31A-21-102 , 31A-21-103 , 31A-21-104 , Subsections 31A-21-107 (1) and (3),
                  and Sections 31A-21-306 , 31A-21-308 , 31A-21-312 , and 31A-21-314 apply to ocean marine and
                  inland marine insurance. Section 31A-21-201 applies to inland marine insurance that is written

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                  according to manual rules or rating plans.
                      (4) Group or blanket policies are subject to this chapter and Chapter 22, except:
                      (a) group or blanket policies outside the scope of this title under Subsection 31A-1-103 (3)
                  (h); and
                      (b) other exemptions provided under Subsection (5).
                      (5) The commissioner may by rule exempt any class of insurance contract or class of insurer
                  from any or all of the provisions of this chapter and Chapter 22 if the interests of the Utah insureds,
                  creditors, or the public would not be harmed by the exemption.
                      (6) Workers' compensation insurance, including that written by the Workers' Compensation
                  Fund [of Utah] created under Chapter 33, is subject to this chapter and Chapter 22.
                      (7) Unless clearly inapplicable, any provision of this chapter or Chapter 22 applicable to
                  either a policy or a contract is applicable to both.
                      Section 5. Section 31A-22-309 is amended to read:
                       31A-22-309. Limitations, exclusions, and conditions to personal injury protection.
                      (1) A person who has or is required to have direct benefit coverage under a policy which
                  includes personal injury protection may not maintain a cause of action for general damages arising
                  out of personal injuries alleged to have been caused by an automobile accident, except where the
                  person has sustained one or more of the following:
                      (a) death;
                      (b) dismemberment;
                      (c) permanent disability or permanent impairment based upon objective findings;
                      (d) permanent disfigurement; or
                      (e) medical expenses to a person in excess of $3,000.
                      (2) (a) Any insurer issuing personal injury protection coverage under this part may only
                  exclude from this coverage benefits:
                      (i) for any injury sustained by the insured while occupying another motor vehicle owned by
                  or furnished for the regular use of the insured or a resident family member of the insured and not
                  insured under the policy;

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                      (ii) for any injury sustained by any person while operating the insured motor vehicle without
                  the express or implied consent of the insured or while not in lawful possession of the insured motor
                  vehicle;
                      (iii) to any injured person, if the person's conduct contributed to his injury:
                      (A) by intentionally causing injury to himself; or
                      (B) while committing a felony;
                      (iv) for any injury sustained by any person arising out of the use of any motor vehicle while
                  located for use as a residence or premises;
                      (v) for any injury due to war, whether or not declared, civil war, insurrection, rebellion or
                  revolution, or to any act or condition incident to any of the foregoing; or
                      (vi) for any injury resulting from the radioactive, toxic, explosive, or other hazardous
                  properties of nuclear materials.
                      (b) The provisions of this subsection do not limit the exclusions which may be contained in
                  other types of coverage.
                      (3) The benefits payable to any injured person under Section 31A-22-307 are reduced by:
                      (a) any benefits which that person receives or is entitled to receive as a result of an accident
                  covered in this code under any workers' compensation or similar statutory plan; and
                      (b) any amounts which that person receives or is entitled to receive from the United States
                  or any of its agencies because that person is on active duty in the military service.
                      (4) When a person injured is also an insured party under any other policy, including those
                  policies complying with this part, primary coverage is given by the policy insuring the motor vehicle
                  in use during the accident.
                      (5) (a) Payment of the benefits provided for in Section 31A-22-307 shall be made on a
                  monthly basis as expenses are incurred.
                      (b) Benefits for any period are overdue if they are not paid within 30 days after the insurer
                  receives reasonable proof of the fact and amount of expenses incurred during the period. If
                  reasonable proof is not supplied as to the entire claim, the amount supported by reasonable proof is
                  overdue if not paid within 30 days after that proof is received by the insurer. Any part or all of the

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                  remainder of the claim that is later supported by reasonable proof is also overdue if not paid within
                  30 days after the proof is received by the insurer.
                      (c) If the insurer fails to pay the expenses when due, these expenses shall bear interest at the
                  rate of 1-1/2% per month after the due date.
                      (d) The person entitled to the benefits may bring an action in contract to recover the expenses
                  plus the applicable interest. If the insurer is required by the action to pay any overdue benefits and
                  interest, the insurer is also required to pay a reasonable attorney's fee to the claimant.
                      (6) Every policy providing personal injury protection coverage is subject to the following:
                      (a) that where the insured under the policy is or would be held legally liable for the personal
                  injuries sustained by any person to whom benefits required under personal injury protection have been
                  paid by another insurer, including the Workers' Compensation Fund [of Utah] created under Chapter
                  33, the insurer of the person who would be held legally liable shall reimburse the other insurer for the
                  payment, but not in excess of the amount of damages recoverable; and
                      (b) that the issue of liability for that reimbursement and its amount shall be decided by
                  mandatory, binding arbitration between the insurers.
                      Section 6. Section 31A-22-1001 is amended to read:
                       31A-22-1001. Obligation to write workers' compensation insurance.
                      The Workers' Compensation Fund [of Utah] created under Chapter 33, shall write all workers'
                  compensation insurance for which application is made to the Workers' Compensation Fund [of Utah].
                  This requirement does not apply to any other insurer.
                      Section 7. Section 31A-26-103 is amended to read:
                       31A-26-103. Workers' compensation claims.
                      In addition to being subject to this and other chapters of this title, insurers writing workers'
                  compensation insurance in this state, including the Workers' Compensation Fund [of Utah] created
                  under Chapter 33, are subject to the Labor Commission with respect to claims for and payment of
                  compensation and benefits.
                      Section 8. Section 31A-33-101 is amended to read:
                       31A-33-101. Definitions.

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                      As used in this chapter:
                      (1) "Board" means the board of directors of the Workers' Compensation Fund.
                      (2) "Chief executive officer" means the chief executive officer appointed by the board.
                      (3) "Director" means a member of the board.
                      (4) "Fund" and "Workers' Compensation Fund" mean the nonprofit, quasi-public corporation
                  established by this chapter.
                      (5) "Injury Fund" means the premiums, reserves, investment income, and any other funds
                  administered by the Workers' Compensation Fund as provided in this chapter.
                      (6) "Joint enterprise" means a joint business activity either for-profit or not-for-profit:
                      (a) by which two or more persons provide insurance, products, or services; and
                      (b) that is established by contract between the persons providing the insurance, products, or
                  services.
                      (7) (a) "Workers' compensation products and services" means:
                      [(a)] (i) medical or lost time claims management;
                      [(b)] (ii) utilization review;
                      [(c)] (iii) rehabilitation counseling or training;
                      [(d)] (iv) fraud detection for workers' compensation claims;
                      [(e)] (v) loss prevention or safety consultation; [and]
                      [(f)] (vi) data or information reporting or processing involving workers' compensation[.]; and
                      (vii) liability insurance claims management if the claims management is related to or arising
                  out of:
                      (A) the sale of workers' compensation products and services described in Subsections
                  (7)(a)(i) through (vi) by:
                      (I) the Workers' Compensation Fund; or
                      (II) a subsidiary of the fund; or
                      (B) workers' compensation insurance coverage through:
                      (I) the Workers' Compensation Fund; or
                      (II) a subsidiary of the fund in accordance with Section 31A-33-103.5 .

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                      (b) "Workers' compensation products and services" does not include the bearing of any
                  insurance risk associated with insurance coverage.
                      Section 9. Section 31A-33-102 is amended to read:
                       31A-33-102. Establishment of the Workers' Compensation Fund and the Injury Fund.
                      (1) (a) There is created a nonprofit, quasi-public corporation to be known as the Workers'
                  Compensation Fund [of Utah] created by this chapter.
                      (b) The purpose of the fund is to:
                      (i) insure Utah employers against liability for compensation based on job-related accidental
                  injuries and occupational diseases; and
                      (ii) assure payment of this compensation to Utah employees who are entitled to it under Title
                  34A, Chapters 2, Workers' Compensation Act, and 3, Utah Occupational Disease Act.
                      (2) (a) There is created an Injury Fund, which shall be maintained by the Workers'
                  Compensation Fund.
                      (b) The Injury Fund shall consist of all assets acquired from premiums and penalties paid into
                  the Injury Fund and interest and dividends earned on those assets.
                      (c) The Injury Fund is the sole source of monies to:
                      (i) pay losses sustained on account of the insurance provided; and
                      (ii) pay salaries and other expenses of the Workers' Compensation Fund in accordance with
                  this chapter.
                      Section 10. Section 31A-33-103 is amended to read:
                       31A-33-103. Legal nature of Workers' Compensation Fund.
                      (1) The Workers' Compensation Fund is:
                      (a) a nonprofit, self-supporting, quasi-public corporation; and
                      (b) a legal entity, that may sue and be sued in its own name.
                      (2) All of the business and affairs of the corporation shall be conducted in the name of the
                  Workers' Compensation Fund [of Utah] or if conducted through a subsidiary, such other corporate
                  names that comply with state law.
                      Section 11. Section 34A-2-102 is amended to read:

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                       34A-2-102. Definition of terms.
                      As used in this chapter:
                      (1) "Average weekly wages" means the average weekly wages as determined under Section
                  34A-2-409 .
                      (2) "Award" means a final order of the commission as to the amount of compensation due:
                      (a) any injured employee; or
                      (b) the dependents of any deceased employee.
                      (3) "Compensation" means the payments and benefits provided for in this chapter or Chapter
                  3, Utah Occupational Disease Act.
                      (4) "Decision" means the ruling of an administrative law judge or, in accordance with Section
                  34A-2-801 , the commissioner or Appeals Board and may include:
                      (a) an award or denial of medical, disability, death, or other related benefits under this chapter
                  or Chapter 3, Utah Occupational Disease Act; or
                      (b) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
                  Occupational Disease Act.
                      (5) "Director" means the director of the division, unless the context requires otherwise.
                      (6) "Disability" means an administrative determination that may result in an entitlement to
                  compensation as a consequence of becoming medically impaired as to function. Disability can be                   total
                  or partial, temporary or permanent, industrial or nonindustrial.
                      (7) "Division" means the Division of Industrial Accidents.
                      (8) "Impairment" is a purely medical condition reflecting any anatomical or functional
                  abnormality or loss. Impairment may be either temporary or permanent, industrial or nonindustrial.
                      (9) "Order" means an action of the commission that determines the legal rights, duties,
                  privileges, immunities, or other interests of one or more specific persons, but not a class of persons.
                      (10) (a) "Personal injury by accident arising out of and in the course of employment" includes
                  any injury caused by the willful act of a third person directed against an employee because of the
                  employee's employment.
                      (b) "Personal injury by accident arising out of and in the course of employment" does not

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                  include a disease, except as the disease results from the injury.
                      (11) "Safe" and "safety," as applied to any employment or place of employment, means the
                  freedom from danger to the life or health of employees reasonably permitted by the nature of the
                  employment.
                      (12) "Workers' Compensation Fund [of Utah]" means the nonprofit, quasi-public corporation
                  created in Title 31A, Chapter 33, Workers' Compensation Fund [of Utah].
                      Section 12. Section 34A-2-107 is amended to read:
                       34A-2-107. Appointment of workers' compensation advisory council -- Composition
                  -- Terms of members -- Duties -- Compensation.
                      (1) The commissioner shall appoint a workers' compensation advisory council composed of:
                      (a) the following voting members:
                      (i) five employer representatives; and
                      (ii) five employee representatives; and
                      (b) the following nonvoting members:
                      (i) a representative of the Workers' Compensation Fund [of Utah];
                      (ii) a representative of a private insurance carrier;
                      (iii) a representative of health care providers;
                      (iv) the Utah insurance commissioner; and
                      (v) the commissioner or the commissioner's designee.
                      (2) Employers and employees shall consider nominating members of groups who historically
                  may have been excluded from the council, such as women, minorities, and individuals with disabilities.
                      (3) (a) Except as required by Subsection (3)(b), as terms of current council members expire,
                  the commissioner shall appoint each new member or reappointed member to a two-year term
                  beginning July 1 and ending June 30.
                      (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner 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.
                      (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall be

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                  appointed for the unexpired term.
                      (b) The commissioner shall terminate the terms of any council member who ceases to be
                  representative as designated by the member's original appointment.
                      (5) The council shall confer at least quarterly for the purpose of advising the commission, the
                  division, and the Legislature on the Utah workers' compensation and occupational disease laws, the
                  administration of them, and related rules.
                      (6) The council shall offer advice on issues requested by the commission, the division, and
                  the Legislature and also make recommendations to the commission and division regarding workers'
                  compensation, rehabilitation, and reemployment of employees who are disabled because of an
                  industrial injury or occupational disease.
                      (7) The commissioner or the commissioner's designee shall serve as the chair of the council
                  and call the necessary meetings.
                      (8) The commission shall provide staff support to the council.
                      (9) (a) (i) Members who are not government employees may not receive 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.
                      Section 13. Section 34A-2-201 is amended to read:
                       34A-2-201. Employers to secure workers' compensation benefits for employees --
                  Methods.
                      An employer shall secure the payment of workers' compensation benefits for its employees

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                  by:
                      (1) insuring, and keeping insured, the payment of this compensation with the Workers'
                  Compensation Fund [of Utah];
                      (2) insuring, and keeping insured, the payment of this compensation with any stock
                  corporation or mutual association authorized to transact the business of workers' compensation
                  insurance in this state; or
                      (3) obtaining approval from the division in accordance with Section 34A-2-201.5 to pay
                  direct compensation as a self-insured employer in the amount, in the manner, and when due as
                  provided for in this chapter or Chapter 3, Utah Occupational Disease Act.
                      Section 14. Section 34A-2-203 is amended to read:
                       34A-2-203. Payment of premiums by state department, commission, board, or other
                  agency.
                      Each department, commission, board, or other agency of the state shall pay the insurance
                  premium on its employees direct to the Workers' Compensation Fund [of Utah].
                      Section 15. Section 34A-2-211 is amended to read:
                       34A-2-211. Notice of noncompliance to employer -- Enforcement power of division --
                  Penalty.
                      (1) (a) In addition to the remedies specified in Section 34A-2-210 , if the division has reason
                  to believe that an employer is conducting business without securing the payment of benefits in one
                  of the three ways provided in Section 34A-2-201 , the division may give that employer written notice
                  of the noncompliance by certified mail to the last-known address of the employer.
                      (b) If the employer does not remedy the default within 15 days after delivery of the notice,
                  the division may issue an order requiring the employer to appear before the division and show cause
                  why the employer should not be ordered to comply with Section 34A-2-201 .
                      (c) If it is found that the employer has failed to provide for the payment of benefits in one of
                  the three ways provided in Section 34A-2-201 , the division may require any employer to comply with
                  Section 34A-2-201 .
                      (2) (a) Notwithstanding Subsection (1), the division may impose a penalty against the

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                  employer under this Subsection (2):
                      (i) subject to the notice and other requirements of Title 63, Chapter 46b, Administrative
                  Procedures Act; and
                      (ii) if the division believes that an employer of one or more employees is conducting business
                  without securing the payment of benefits in one of the three ways provided in Section 34A-2-201 .
                      (b) The penalty imposed under Subsection (2)(a) shall be the greater of:
                      (i) $1,000; or
                      (ii) three times the amount of the premium the employer would have paid for workers'
                  compensation insurance based on the rate filing of the Workers' Compensation Fund [of Utah], during
                  the period of noncompliance.
                      (c) For purposes of Subsection (2)(b)(ii), the premium is calculated by applying rates and rate
                  multipliers to the payroll basis under Subsection (2)(d), using the highest rated employee class code
                  applicable to the employer's operations.
                      (d) The payroll basis for the purpose of calculating the premium penalty shall be 150% of the
                  state's average weekly wage multiplied by the highest number of workers employed by the employer
                  during the period of the employer's noncompliance multiplied by the number of weeks of the
                  employer's noncompliance up to a maximum of 156 weeks.
                      (3) The penalty imposed under Subsection (2) shall be deposited in the Uninsured Employers'
                  Fund created by Section 34A-2-704 and used for the purposes of that fund.
                      (4) (a) An employer who disputes the determination, imposition, or amount of a penalty
                  imposed under Subsection (2) shall request a hearing before an administrative law judge within 30
                  days of the date of issuance of the administrative action imposing the penalty or the administrative
                  action becomes a final order of the commission.
                      (b) The employer's request for a hearing under Subsection (4)(a) shall specify the facts and
                  grounds that are the basis of the employer's objection to the determination, imposition, or amount of
                  the penalty.
                      (c) An administrative law judge's decision under this Subsection (4) may be reviewed
                  pursuant to Part 8, Adjudication.

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                      (5) (a) After a penalty has been issued and becomes a final order of the commission the
                  division on behalf of the commission may file an abstract for any uncollected penalty in the district
                  court.
                      (b) The abstract filed under Subsection (5)(a) shall state:
                      (i) the amount of the uncollected penalty;
                      (ii) reasonable attorneys' fees;
                      (iii) costs of collection; and
                      (iv) court costs.
                      (c) The filed abstract shall have the effect of a judgment of that court.
                      (6) Any administrative action issued by the division under this section shall:
                      (a) be in writing;
                      (b) be sent by certified mail to the last-known address of the employer;
                      (c) state the findings and administrative action of the division; and
                      (d) specify its effective date, which may be immediate or may be at a later date.
                      (7) The final order of the commission under this section, upon application by the division on
                  behalf of the commission made on or after the effective date of the order to a court of general
                  jurisdiction in any county in this state, may be enforced by an order to comply entered ex parte and
                  without notice by the court.
                      Section 16. Section 34A-2-406 is amended to read:
                       34A-2-406. Exemptions from chapter for employees temporarily in state -- Conditions
                  -- Evidence of insurance.
                      (1) Any employee who has been hired in another state and the employee's employer are
                  exempt from this chapter and Chapter 3, Utah Occupational Disease Act, while the employee is
                  temporarily within this state doing work for the employee's employer if:
                      (a) the employer has furnished workers' compensation insurance coverage under the workers'
                  compensation or similar laws of the other state;
                      (b) the coverage covers the employee's employment while in this state; and
                      (c) (i) the extraterritorial provisions of this chapter and Chapter 3 are recognized in the other

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                  state and employers and employees who are covered in this state are likewise exempted from the
                  application of the workers' compensation or similar laws of the other state; or
                      (ii) the Workers' Compensation Fund [of Utah]:
                      (A) is an admitted insurance carrier in the other state; or
                      (B) has agreements with a carrier and is able to furnish workers' compensation insurance or
                  similar coverage to Utah employers and their subsidiaries or affiliates doing business in the other
                  state.
                      (2) The benefits under the workers' compensation or similar laws of the other state are the
                  exclusive remedy against an employer for any injury, whether resulting in death or not, received by
                  an employee while working for the employer in this state.
                      (3) A certificate from an authorized officer of the industrial commission or similar department
                  of the other state certifying that the employer is insured in the other state and has provided
                  extraterritorial coverage insuring the employer's employees while working in this state is prima facie
                  evidence that the employer carries compensation insurance.
                      Section 17. Section 51-5-4 is amended to read:
                       51-5-4. Funds established -- Titles of funds -- Fund functions.
                      (1) (a) (i) The funds enumerated in this section are established as major fund types.
                      (ii) All resources and financial transactions of Utah state government shall be accounted for
                  within one of these major fund types.
                      (b) (i) All funds or subfunds shall be consolidated into one of the state's major fund types.
                      (ii) Where a specific statute requires that a restricted fund be established, that fund shall be
                  accounted for as an individual fund or subfund within the major fund type to meet generally accepted
                  accounting principles.
                      (iii) Existing and new activities of state government authorized by the Legislature shall be
                  accounted for within the framework of the major fund types established in this section.
                      (c) The Division of Finance shall determine the accounting classification that complies with
                  generally accepted accounting principles for all funds or subfunds created by the Legislature.
                      (d) (i) Major fund types shall be added by amending this chapter.

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                      (ii) Whenever a new act creates or establishes a fund without amending this chapter, the
                  reference to a fund in the new act means a subfund.
                      (2) Major Fund Type Titles:
                      (a) General Fund;
                      (b) Special Revenue Funds;
                      (c) Capital Projects Funds;
                      (d) Debt Service Funds;
                      (e) Enterprise Funds;
                      (f) Internal Service Funds;
                      (g) Trust and Agency Funds;
                      (h) General Fixed Assets Account Group;
                      (i) General Long-Term Obligation Account Group; and
                      (j) College and University Funds.
                      (3) The General Fund shall receive all revenues and account for all expenditures not
                  otherwise provided for by law in any other fund.
                      (4) Special Revenue Funds shall account for proceeds of specific revenue sources (other than
                  expendable trusts, or major capital projects) that are legally restricted to expenditures for a specific
                  purpose.
                      (a) The Uniform School Fund is a Special Revenue Fund that shall account for all revenues
                  that are required by law to be expended for the public school programs of the state.
                      (b) The Transportation Fund is a Special Revenue Fund that shall account for all revenues
                  that are required by Article XIII, Sec. 13, Utah Constitution, to be expended for highway purposes.
                      (5) Capital Projects Funds shall account for financial resources to be expended for the
                  acquisition or construction of major capital facilities, except that when financing for the acquisition
                  or construction of a major capital facility is obtained from a trust fund or a proprietary type fund
                  within one of the major fund types, the monies shall be accounted for in those accounts.
                      (6) Debt Service Funds shall account for the accumulation of resources for, and the payment
                  of, the principal and interest on general long-term obligations.

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                      (7) (a) Enterprise Funds are designated to account for the following:
                      (i) operations, financed and operated in a manner similar to private business enterprises,
                  where the Legislature intends that the costs of providing goods or services to the public are financed
                  or recovered primarily through user charges; or
                      (ii) operations where the Legislature requires periodic determination of revenues earned,
                  expenses incurred, and net income.
                      (b) The Alcoholic Beverage Control Fund is an Enterprise Fund that shall account for the
                  state-controlled liquor merchandising operations.
                      (c) The Utah Housing Finance Agency Fund, the Utah Correctional Industries Fund, and the
                  Workers' Compensation Fund [of Utah], are Enterprise Funds.
                      (8) Internal Service Funds shall account for the financing of goods or services provided by
                  one department, division, or agency to other departments, divisions, or agencies of the state, or to
                  other governmental units, on a cost-reimbursement basis.
                      (9) (a) Trust and Agency Funds shall account for assets held by the state as trustee or agent
                  for individuals, private organizations, or governmental units, or other funds.
                      (b) Expendable Trust Funds, Nonexpendable Trust Funds, and Agency Funds are Trust and
                  Agency Funds.
                      (i) The Retirement Systems Fund is a Trust Fund that shall account for resources received
                  and held by the state as trustee for the state retirement systems established by the Utah School
                  Employees' Retirement Act, the Utah Public Employees' Retirement Act, and the Firemen's Pension
                  Act. Additional retirement systems that are established by the Legislature shall be included in the
                  Retirement Systems Fund.
                      (ii) The State Land Principal Fund is a Nonexpendable Trust Fund that shall account for
                  resources received by the state as trustee for land grants made in the Enabling Act of the state of
                  Utah.
                      (10) The General Fixed Assets Account Group shall account for all fixed assets acquired or
                  constructed for use by the state, except for the fixed assets accounted for in the Internal Service,
                  Enterprise, Trust and Agency, and College and University Funds.

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                      (11) The General Long-Term Obligation Account Group shall account for general obligation
                  bonds, revenue bonds, capital lease obligations, accrued annual and compensatory leave, and other
                  long-term obligations not otherwise recorded in Internal Service, Enterprise, Trust and Agency, and
                  College and University Funds.
                      (12) College and University Funds shall account for the financial resources used to operate
                  the state's colleges and universities. They shall include the Current Funds, Fiduciary Funds, and Plant
                  Funds for each college and university.
                      Section 18. Section 51-7-2 is amended to read:
                       51-7-2. Exemptions from chapter.
                      The following funds are exempt from this chapter:
                      (1) funds invested in accordance with the participating employees' designation or direction
                  pursuant to a public employees' deferred compensation plan established and operated in compliance
                  with Section 457 of the Internal Revenue Code of 1954, as amended;
                      (2) funds of the [Utah] Workers' Compensation Fund;
                      (3) funds of the Utah State Retirement Board;
                      (4) funds of the Utah Technology Finance Corporation; and
                      (5) funds of the Utah Housing Finance Agency.
                      Section 19. Section 51-7-4 is amended to read:
                       51-7-4. Transfer of functions, powers, and duties relating to public funds to state
                  treasurer -- Exceptions -- Deposit of income from investment of state money.
                      (1) Unless otherwise required by the Utah Constitution or applicable federal law, the
                  functions, powers, and duties vested by law in each and every state officer, board, commission,
                  institution, department, division, agency, and other similar instrumentalities relating to the deposit,
                  investment, or reinvestment of public funds, and the purchase, sale, or exchange of any investments
                  or securities of or for any funds or accounts under the control and management of these
                  instrumentalities, are transferred to and shall be exercised by the state treasurer, except:
                      (a) funds assigned to the Utah State Retirement Board for investment under Section
                  49-1-302 ;

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                      (b) funds of member institutions of the state system of higher education:
                      (i) acquired by gift, devise, or bequest, or by federal or private contract or grant;
                      (ii) derived from student fees or from income from operations of auxiliary enterprises, which
                  fees and income are pledged or otherwise dedicated to the payment of interest and principal of bonds
                  issued by such institutions; and
                      (iii) any other funds which are not included in the institution's work program as approved by
                  the State Board of Regents;
                      (c) funds of the Utah Technology Finance Corporation;
                      (d) inmate funds as provided in Section 64-13-23 or in Title 64, Chapter 9b;
                      (e) trust funds established by judicial order;
                      (f) funds of the [Utah] Workers' Compensation Fund; and
                      (g) funds of the Utah Housing Finance Agency.
                      (2) All public funds held or administered by the state or any of its boards, commissions,
                  institutions, departments, divisions, agencies, or similar instrumentalities and not transferred to the
                  state treasurer as provided by this section shall be:
                      (a) deposited and invested by the custodian in accordance with this chapter, unless otherwise
                  required by statute or by applicable federal law; and
                      (b) reported to the state treasurer in a form prescribed by the state treasurer.
                      (3) Unless otherwise provided by the constitution or laws of this state or by contractual
                  obligation, the income derived from the investment of state money by the state treasurer shall be
                  deposited in and become part of the General Fund.
                      Section 20. Section 59-9-101 is amended to read:
                       59-9-101. Tax basis -- Rates -- Exemptions.
                      (1) Except for annuity considerations, insurance premiums paid by institutions within the state
                  system of higher education as specified in Section 53B-1-102 , and ocean marine insurance, every
                  admitted insurer shall pay to the commission on or before March 31 in each year, a tax of 2-1/4% of
                  the total premiums received by it during the preceding calendar year from insurance covering property
                  or risks located in this state. Subsection (1) does not apply to workers' compensation insurance,

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                  assessed under Subsection (2), and title insurance premiums, taxed under Subsection (3). The taxable
                  premium under Subsection (1) shall be reduced by:
                      (a) all premiums returned or credited to policyholders on direct business subject to tax in this
                  state;
                      (b) all premiums received for reinsurance of property or risks located in this state; and
                      (c) the dividends, including premium reduction benefits maturing within the year, paid or
                  credited to policyholders in this state or applied in abatement or reduction of premiums due during
                  the preceding calendar year.
                      (2) (a) Every admitted insurer writing workers' compensation insurance in this state, including
                  the Workers' Compensation Fund [of Utah] created under Title 31A, Chapter 33, shall pay to the tax
                  commission, on or before March 31 in each year, a premium assessment of between 1% and 8% of
                  the total workers' compensation premium income received by the insurer from workers' compensation
                  insurance in this state during the preceding calendar year.
                      (b) Total workers' compensation premium income means the net written premium as
                  calculated before any premium reduction for any insured employer's deductible, retention, or
                  reimbursement amounts and also those amounts equivalent to premiums as provided in Section
                  34A-2-202 .
                      (c) The percentage of premium assessment applicable for a calendar year shall be determined
                  by the Labor Commission under Subsection (2)(d). The total premium income shall be reduced in
                  the same manner as provided in Subsections (1)(a) and (1)(b), but not as provided in Subsection
                  (1)(c). The tax commission shall promptly remit from the premium assessment collected under
                  Subsection (2):
                      (i) an amount of up to 7.25% of the premium income to the state treasurer for credit to the
                  Employers' Reinsurance Fund created under Subsection 34A-2-702 (1);
                      (ii) an amount equal to 0.25% of the premium income to the state treasurer for credit to the
                  restricted account in the General Fund, created by Section 34A-2-701 ; and
                      (iii) an amount of up to 0.50% and any remaining assessed percentage of the premium income
                  to the state treasurer for credit to the Uninsured Employers' Fund created under Section 34A-2-704 .

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                      (d) (i) The Labor Commission shall determine the amount of the premium assessment for
                  each year on or before each October 15 of the preceding year. The Labor Commission shall make
                  this determination following a public hearing. The determination shall be based upon the
                  recommendations of a qualified actuary.
                      (ii) The actuary shall recommend a premium assessment rate sufficient to provide payments
                  of benefits and expenses from the Employers' Reinsurance Fund and to project a funded condition
                  with assets greater than liabilities by no later than June 30, 2025.
                      (iii) The actuary shall recommend a premium assessment rate sufficient to provide payments
                  of benefits and expenses from the Uninsured Employers' Fund and to maintain it at a funded condition
                  with assets equal to or greater than liabilities.
                      (iv) At the end of each fiscal year the minimum approximate assets in the Employers'
                  Reinsurance Fund shall be $5,000,000 which amount shall be adjusted each year beginning in 1990
                  by multiplying by the ratio that the total workers' compensation premium income for the preceding
                  calendar year bears to the total workers' compensation premium income for the calendar year 1988.
                      (v) The requirements of Subsection (2)(d)(iv) cease when the future annual disbursements
                  from the Employers' Reinsurance Fund are projected to be less than the calculations of the
                  corresponding future minimum required assets. The Labor Commission shall, after a public hearing,
                  determine if the future annual disbursements are less than the corresponding future minimum required
                  assets from projections provided by the actuary.
                      (vi) At the end of each fiscal year the minimum approximate assets in the Uninsured
                  Employers' Fund shall be $2,000,000, which amount shall be adjusted each year beginning in 1990
                  by multiplying by the ratio that the total workers' compensation premium income for the preceding
                  calendar year bears to the total workers' compensation premium income for the calendar year 1988.
                      (e) A premium assessment that is to be transferred into the General Fund may be collected
                  on premiums received from Utah public agencies.
                      (3) Every admitted insurer writing title insurance in this state shall pay to the commission,
                  on or before March 31 in each year, a tax of .45% of the total premium received by either the insurer
                  or by its agents during the preceding calendar year from title insurance concerning property located

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                  in this state. In calculating this tax, "premium" includes the charges made to an insured under or to
                  an applicant for a policy or contract of title insurance for:
                      (a) the assumption by the title insurer of the risks assumed by the issuance of the policy or
                  contract of title insurance; and
                      (b) abstracting title, title searching, examining title, or determining the insurability of title, and
                  every other activity, exclusive of escrow, settlement, or closing charges, whether denominated
                  premium or otherwise, made by a title insurer, an agent of a title insurer, a title insurance agent, or
                  any of them.
                      (4) Beginning July 1, 1986, former county mutuals and former mutual benefit associations
                  shall pay the premium tax or assessment due under this chapter. All premiums received after July 1,
                  1986, shall be considered in determining the tax or assessment.
                      (5) The following insurers are not subject to the premium tax on health care insurance that
                  would otherwise be applicable under Subsection (1):
                      (a) insurers licensed under Title 31A, Chapter 5, Domestic Stock and Mutual Insurance
                  Corporations;
                      (b) insurers licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance
                  Corporations;
                      (c) insurers licensed under Title 31A, Chapter 8, Health Maintenance Organizations and
                  Limited Health Plans;
                      (d) insurers licensed under Title 31A, Chapter 9, Insurance Fraternals;
                      (e) insurers licensed under Title 31A, Chapter 11, Motor Clubs;
                      (f) insurers licensed under Title 31A, Chapter 13, Employee Welfare Funds and Plans; and
                      (g) insurers licensed under Title 31A, Chapter 14, Foreign Insurers.
                      (6) An insurer issuing multiple policies to an insured may not artificially allocate the premiums
                  among the policies for purposes of reducing the aggregate premium tax or assessment applicable to
                  the policies.
                      (7) The retaliatory provisions of Title 31A, Chapter 3, apply to the tax or assessment imposed
                  under this chapter.

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                      (8) A premium tax paid to the General Fund may not be collected on premiums paid to public
                  agency insurance mutuals.
                      Section 21. Section 59-9-101.1 is amended to read:
                       59-9-101.1. Employers' Reinsurance Fund special assessment.
                      (1) For purposes of this section:
                      (a) "Calendar year" means a time period beginning January 1 and ending December 31 during
                  which an assessment is imposed.
                      (b) "Total workers' compensation premium income" has the same meaning as under
                  Subsection 59-9-101 (2).
                      (2) (a) For calendar years beginning on January 1, 1998, through December 31, 2000, the
                  following shall pay to the commission, on or before March 31 of each year, an assessment imposed
                  by the Labor Commission under Subsection (3):
                      (i) an admitted insurer writing workers' compensation insurance in this state, including the
                  Workers' Compensation Fund [of Utah] created under Title 31A, Chapter 33, Workers'
                  Compensation Fund [of Utah]; and
                      (ii) an employer authorized under Section 34A-2-201 to pay workers' compensation direct.
                      (b) The assessment imposed under Subsection (3) shall be in addition to:
                      (i) the premium assessment imposed under Subsection 59-9-101 (2); and
                      (ii) the assessment imposed under Section 34A-2-202 .
                      (3) (a) If the conditions described in Subsection (3)(b) are met, the Labor Commission may
                  impose an assessment in accordance with Subsections (3)(c) and (d) of up to 2% of:
                      (i) the total workers' compensation premium income received by the insurer from workers'
                  compensation insurance in this state during the preceding calendar year; or
                      (ii) if authorized under Section 34A-2-201 to pay workers' compensation direct, the amount
                  calculated under Section 34A-2-202 for a self-insured employer that is equivalent to the total
                  workers' compensation premium income.
                      (b) The Labor Commission may impose the assessment described in Subsection (3)(a) if:
                      (i) the Labor Commission determines that:

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                      (A) all admitted insurers writing workers' compensation insurance in this state shall pay the
                  maximum 7.25% of the premium income under Subsection 59-9-101 (2)(c)(i); and
                      (B) all employers authorized to pay compensation direct shall pay the maximum 7.25%
                  assessment under Section 34A-2-202 ; and
                      (ii) the maximum 7.25% of the premium income is insufficient to:
                      (A) provide payment of benefits and expenses from the Employers' Reinsurance Fund to
                  project a funded condition of the Employers' Reinsurance Fund with assets greater than liabilities by
                  no later than June 30, 2025; or
                      (B) maintain the minimum approximate assets required in Subsection 59-9-101 (2)(d)(iv).
                      (c) On or before each October 15 of the preceding year and following a public hearing, the
                  Labor Commission shall determine:
                      (i) whether an assessment will be imposed under this section for a calendar year; and
                      (ii) if the assessment will be imposed, the percentage of the assessment applicable for the
                  calendar year.
                      (d) The Labor Commission shall:
                      (i) base its determination on the recommendations of the qualified actuary required in
                  Subsection 59-9-101 (2)(d)(i); and
                      (ii) take into consideration the recommended premium assessment rate recommended by the
                  actuary under Subsection 59-9-101 (2)(d)(ii).
                      (4) An employer shall aggregate all assessments imposed under this section and Section
                  34A-2-202 or 59-9-101 to determine whether the total assessment obligation shall be paid in quarterly
                  installments in accordance with Sections 34A-2-202 and 59-9-104 .
                      (5) The commission shall promptly remit the assessment collected under Subsection (2) to
                  the state treasurer for credit to the Employers' Reinsurance Fund created under Section 34A-2-702 .
                      Section 22. Section 63-5b-102 is amended to read:
                       63-5b-102. Definitions.
                      (1) (a) "Absent" means:
                      (i) not physically present or not able to be communicated with for 48 hours; or

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                      (ii) for local government officers, as defined by local ordinances.
                      (b) "Absent" does not include a person who can be communicated with via telephone, radio,
                  or telecommunications.
                      (2) "Attack" means a nuclear, conventional, biological, or chemical warfare action against
                  the United States of America or this state.
                      (3) "Department" means the Department of Administrative Services, the Department of
                  Agriculture and Food, the Alcoholic Beverage Control Commission, the Department of Commerce,
                  the Department of Community and Economic Development, the Department of Corrections, the
                  Department of Environmental Quality, the Department of Financial Institutions, the Department of
                  Health, the Department of Human Resource Management, the Department of Workforce Services,
                  the Labor Commission, the National Guard, the Department of Insurance, the Department of Natural
                  Resources, the Department of Public Safety, the Public Service Commission, the Department of
                  Human Services, the State Tax Commission, the Department of Transportation, any other major
                  administrative subdivisions of state government, the State Board of Education, the State Board of
                  Regents, the Utah Housing Finance Agency, the Utah Technology Finance Corporation, the Workers'
                  Compensation Fund [of Utah], the State Retirement Board, and each institution of higher education
                  within the system of higher education.
                      (4) "Disaster" means a situation causing, or threatening to cause, widespread damage, social
                  disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural
                  phenomenon, or technological hazard.
                      (5) "Division" means the Comprehensive Emergency Management Division established in
                  Title 53, Chapter 2, Comprehensive Emergency Management Act.
                      (6) "Emergency interim successor" means a person designated by this chapter to exercise the
                  powers and discharge the duties of an office when the person legally exercising the powers and duties
                  of the office is unavailable.
                      (7) "Executive director" means the person with ultimate responsibility for managing and
                  overseeing the operations of each department, however denominated.
                      (8) "Internal disturbance" means a riot, prison break, disruptive terrorism, or strike.

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                      (9) "Natural phenomenon" means any earthquake, tornado, storm, flood, landslide, avalanche,
                  forest or range fire, drought, epidemic, or other catastrophic event.
                      (10) (a) "Office" includes all state and local offices, the powers and duties of which are
                  defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
                      (b) "Office" does not include the office of governor or the legislative or judicial offices.
                      (11) "Place of governance" means the physical location where the powers of an office are
                  being exercised.
                      (12) "Political subdivision" includes counties, cities, towns, townships, districts, authorities,
                  and other public corporations and entities whether organized and existing under charter or general
                  law.
                      (13) "Political subdivision officer" means a person holding an office in a political subdivision.
                      (14) "State officer" means the attorney general, the state treasurer, the state auditor, and the
                  executive director of each department.
                      (15) "Technological hazard" means any hazardous materials accident, mine accident, train
                  derailment, air crash, radiation incident, pollution, structural fire, or explosion.
                      (16) "Unavailable" means:
                      (a) absent from the place of governance during a disaster that seriously disrupts normal
                  governmental operations, whether or not that absence or inability would give rise to a vacancy under
                  existing constitutional or statutory provisions; or
                      (b) as otherwise defined by local ordinance.
                      Section 23. Section 63-38a-102 is amended to read:
                       63-38a-102. Definitions.
                      As used in this chapter:
                      (1) (a) "Agency" means each department, commission, board, council, agency, institution,
                  officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
                  panel, or other administrative unit of the state.
                      (b) "Agency" does not include the legislative branch, the board of regents, the Utah Higher
                  Education Assistance Authority, the board of trustees of each higher education institution, each

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                  higher education institution and its associated branches, centers, divisions, institutes, foundations,
                  hospitals, colleges, schools, or departments, a public education entity, or an independent agency.
                      (2) (a) "Dedicated credits revenues" means revenues from collections by an agency that are
                  deposited directly into an account for expenditure on a separate line item and program.
                      (b) "Dedicated credits" does not mean:
                      (i) federal revenues and the related pass through or the related state match paid by one
                  agency to another;
                      (ii) revenues that are not deposited in governmental funds;
                      (iii) revenues from any contracts; and
                      (iv) revenues received by the Attorney General's Office from billings for professional services.
                      (3) "Fees" means revenue collected by an agency for performing a service or providing a
                  function that the agency deposits or accounts for as dedicated credits or fixed collections.
                      (4) (a) "Fixed collections revenues" means revenue from collections:
                      (i) fixed by law or by the appropriation act at a specific amount; and
                      (ii) required by law to be deposited into a separate line item and program.
                      (b) "Fixed collections" does not mean:
                      (i) federal revenues and the related pass through or the related state match paid by one
                  agency to another;
                      (ii) revenues that are not deposited in governmental funds;
                      (iii) revenues from any contracts; and
                      (iv) revenues received by the Attorney General's Office from billings for professional services.
                      (5) (a) "Governmental fund" means funds used to account for the acquisition, use, and
                  balances of expendable financial resources and related liabilities using a measurement focus that
                  emphasizes the flow of financial resources.
                      (b) "Governmental fund" does not include internal service funds, enterprise funds, capital
                  projects funds, debt service funds, or trust and agency funds as established in Section 51-5-4 .
                      (6) "Independent agency" means the Utah State Retirement Office, the Utah Housing Finance
                  Agency, the Utah Technology Finance Corporation, and the Workers' Compensation Fund [of Utah].

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                      (7) "Program" means the function or service provided by an agency for which the agency
                  collects fees.
                      (8) "Revenue types" means the categories established by the Division of Finance under the
                  authority of this chapter that classify revenue according to the purpose for which it is collected.
                      Section 24. Section 63-95-102 is amended to read:
                       63-95-102. Definitions.
                      For purposes of this chapter:
                      (1) "Asset" means property of all kind, real and personal, tangible and intangible, and
                  includes:
                      (a) cash, except reasonable compensation or salary for services rendered;
                      (b) stock or other investments;
                      (c) goodwill;
                      (d) real property;
                      (e) an ownership interest;
                      (f) a license;
                      (g) a cause of action; and
                      (h) any similar property.
                      (2) "Authorizing statutes" means the statutes creating an entity as a quasi-governmental
                  entity.
                      (3) "Business interest" means:
                      (a) holding the position of trustee, director, officer, or other similar position with a business
                  entity; or
                      (b) the ownership, either legally or equitably, of at least 10% of the outstanding shares of a
                  corporation or 10% interest in any other business entity, being held by:
                      (i) an individual;
                      (ii) the individual's spouse;
                      (iii) a minor child of the individual; or
                      (iv) any combination of Subsections (3)(b)(i) through (iii).

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                      (4) "Interested party" means a person that held or holds the position of trustee, director,
                  officer, or other similar position with a quasi-governmental entity within:
                      (a) five years prior to the date of an action described in Subsection (6); or
                      (b) during the privatization of a quasi-governmental entity.
                      (5) "Lobbyist" is a person that provided or provides services as a lobbyist, as defined in
                  Section 36-11-102 , within:
                      (a) five years prior to the date of an action described in Subsection (6); or
                      (b) during the privatization of a quasi-governmental entity.
                      (6) (a) "Privatized" means an action described in Subsection (6)(b) taken under circumstances
                  in which the operations of the quasi-governmental entity are continued by a successor entity that:
                      (i) is privately owned;
                      (ii) is unaffiliated to the state; and
                      (iii) receives any asset of the quasi-governmental entity.
                      (b) An action referred to in Subsection (6)(a) includes:
                      (i) the repeal of the authorizing statute of a quasi-governmental entity and the revision to
                  state laws to terminate the relationship between the state and the quasi-governmental entity;
                      (ii) the dissolution of the quasi-governmental entity;
                      (iii) the merger or consolidation of the quasi-governmental entity with another entity; or
                      (iv) the sale of all or substantially all of the assets of the quasi-governmental entity.
                      (7) "Quasi-governmental entity" means the:
                      (a) Dairy Commission created in Title 4, Chapter 22, Dairy Promotion Act;
                      (b) Utah Technology Finance Corporation created in Title 9, Chapter 13, Utah Technology
                  and Small Business Finance Act;
                      (c) Heber Valley Railroad Authority created in Title 9, Chapter 3, Part 3, Heber Valley
                  Historic Railroad Authority;
                      (d) Utah Science Center Authority created in Title 9, Chapter 3, Part 4, Utah Science Center
                  Authority;
                      (e) Utah Housing Finance Agency created in Title 9, Chapter 4, Part 9, Utah Housing                   Finance

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                  Agency Act;
                      (f) Utah State Fair Corporation created in Title 9, Chapter 4, Part 11, Utah State Fair
                  Corporation Act;
                      (g) Workers' Compensation Fund [of Utah] created in Title 31A, Chapter 33, Workers'
                  Compensation Fund [of Utah];
                      (h) Utah State Retirement Office created in Title 49, Chapter 1, Part 2, Retirement Office and
                  Board;
                      (i) School and Institutional Trust Lands Administration created in Title 53C, Chapter 1, Part
                  2, School and Institutional Trust Lands Administration;
                      (j) Crime Victims' Reparations Office created in Title 63, Chapter 25a, Part 4, Crime Victims'
                  Reparations Act; and
                      (k) Utah Communications Agency Network created in Title 63C, Chapter 7, Utah
                  Communications Agency Network Act.
                      Section 25. Section 67-4-2 is amended to read:
                       67-4-2. Definitions.
                      As used in this chapter:
                      (1) "Federal funds" means cash received from the United States government or from other
                  individuals or entities for or on behalf of the United States and deposited with the state treasurer or
                  any agency of the state.
                      (2) "General Fund" means monies received into the treasury and not specially appropriated
                  to any other fund.
                      (3) "Maintain custody" means to direct the safekeeping and investment of state funds.
                      (4) (a) "State entity" means each department, commission, board, council, agency, institution,
                  officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
                  panel, or other administrative unit of the state.
                      (b) "State entity" includes independent state agencies and public corporations.
                      (5) (a) "State funds" means funds that are owned, held, or administered by a state entity,
                  regardless of the source of the funds.

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                      (b) "State funds" includes funds of independent state agencies or public corporations,
                  regardless of the source of funds.
                      (c) "State funds" does not include funds held by the Utah State Retirement Board or the
                  Workers' Compensation Fund [of Utah].
                      (6) "Warrant" means an order in a specific amount drawn upon the treasurer by the Division
                  of Finance or another state agency.

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