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S.B. 38 Enrolled

                 

LEGISLATIVE COMMITTEE NAMES

                 
REVISIONS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Peter C. Knudson

                  This act changes references to interim committees to reflect the current committee structure.
                  This act also modifies the Utah Code to make technical corrections to interim committee
                  names.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      9-2-1603, as last amended by Chapter 13, Laws of Utah 1998
                      9-4-708, as last amended by Chapter 181, Laws of Utah 2001
                      9-4-1204, as last amended by Chapter 117, Laws of Utah 1998
                      9-7-217, as enacted by Chapter 172, Laws of Utah 2001
                      31A-2-217, as enacted by Chapter 116, Laws of Utah 2001
                      36-12-5, as last amended by Chapters 104 and 225, Laws of Utah 2000
                      70C-8-102, as last amended by Chapter 208, Laws of Utah 1999
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 9-2-1603 is amended to read:
                       9-2-1603. Powers of the department.
                      The department shall:
                      (1) facilitate recycling development zones through state support of county incentives which
                  encourage development of manufacturing enterprises that use recycling materials currently
                  collected;
                      (2) evaluate an application from a county or municipality executive authority to be
                  designated as a recycling market development zone and determine if the county or municipality
                  qualifies for that designation;
                      (3) provide technical assistance to municipalities and counties in developing applications
                  for designation as a recycling market development zone;


                      (4) assist counties and municipalities designated as recycling market development zones in
                  obtaining assistance from the federal government and agencies of the state;
                      (5) assist any qualified business in obtaining the benefits of any incentive or inducement
                  program authorized by this part;
                      (6) monitor the implementation and operation of this part and conduct a continuing
                  evaluation of the progress made in the recycling market development zone; and
                      (7) submit an annual written report evaluating the effectiveness of the program and                   providing
                  recommendations for legislation to the [Business, Labor,] Workforce Services and Economic
                  Development Interim Committee and Natural Resources, Agriculture, and Environment Interim
                  Committee not later than November 1 of each year.
                      Section 2. Section 9-4-708 is amended to read:
                       9-4-708. Annual accounting.
                      (1) The executive director shall monitor the activities of recipients of grants and loans issued
                  under this part on a yearly basis to ensure compliance with the terms and conditions imposed on the
                  recipient by the director with the approval of the board or by this part.
                      (2) The entities receiving grants or loans shall provide the executive director with an annual
                  accounting of how the moneys they received from the fund have been spent.
                      (3) The executive director shall make an annual report to the board accounting for the
                  expenditures authorized by the board.
                      (4) The board shall submit an annual written report accounting for expenditures authorized
                  by the board and evaluating the effectiveness of the program to the [Business, Labor,] Workforce
                  Services and Economic Development Interim Committee before December 1 of each year.
                      Section 3. Section 9-4-1204 is amended to read:
                       9-4-1204. Technical assistance to political subdivisions for housing plan.
                      (1) Within appropriations from the Legislature, the division shall establish a program to assist
                  municipalities to meet the requirements of Section 10-9-307 and counties to meet the requirements
                  of Section 17-27-307 . Assistance under this section may include:
                      (a) financial assistance for the cost of developing a plan for low and moderate income

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                  housing;
                      (b) information on how to meet present and prospective needs for low and moderate income
                  housing; and
                      (c) technical advice and consultation on how to facilitate the creation of low and moderate
                  income housing.
                      (2) The division shall annually report to the [Legislature's Business, Labor,] Workforce
                  Services and Community and Economic Development Interim Committee, and to the Health and
                  Human Services Interim [Committees] Committee regarding the scope, amount, and type of
                  assistance provided to municipalities and counties under this section, including the number of low
                  and moderate income housing units constructed or rehabilitated within the state.
                      Section 4. Section 9-7-217 is amended to read:
                       9-7-217. Reporting.
                      The division shall make a report to the [Business, Labor,] Workforce Services and
                  Community and Economic Development Interim Committee [of the Legislature] at least once every
                  three years regarding the compliance of library boards with Section 9-7-215 .
                      Section 5. Section 31A-2-217 is amended to read:
                       31A-2-217. Coordination with other states.
                      (1) (a) Subject to Subsection (1)(b), the commissioner, by rule, may adopt one or more
                  agreements with another governmental regulatory agency, within and outside of this state, or with
                  the National Association of Insurance Commissioners to address:
                      (i) licensing of insurance companies;
                      (ii) licensing of agents;
                      (iii) regulation of premium rates and policy forms; and
                      (iv) regulation of insurer insolvency and insurance receiverships.
                      (b) An agreement described in Subsection (1)(a), may authorize the commissioner to modify
                  a requirement of this title if the commissioner determines that the requirements under the agreement
                  provide protections similar to or greater than the requirements under this title.
                      (2) (a) The commissioner may negotiate an interstate compact that addresses issuing

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                  certificates of authority, if the commissioner determines that:
                      (i) each state participating in the compact has requirements for issuing certificates of
                  authority that provide protections similar to or greater than the requirements of this title; or
                      (ii) the interstate compact contains requirements for issuing certificates of authority that
                  provide protections similar to or greater than the requirements of this title.
                      (b) If an interstate compact described in Subsection (2)(a) is adopted by the Legislature, the
                  commissioner may issue certificates of authority to insurers in accordance with the terms of the
                  interstate compact.
                      (3) If any provision of this title conflicts with a provision of the annual statement instructions
                  or the National Association of Insurance Commissioners Accounting Practices and Procedures
                  Manual, the commissioner may, by rule, resolve the conflict in favor of the annual statement
                  instructions or the National Association of Insurance Commissioners Accounting Practices and
                  Procedures Manual.
                      (4) The commissioner may, by rule, accept the information prescribed by the National
                  Association of Insurance Commissioners instead of the documents required to be filed with an
                  application for a certificate of authority under:
                      (a) Section 31A-4-103 , 31A-5-204 , 31A-8-205 , or 31A-14-201 ; or
                      (b) rules made by the commissioner.
                      (5) Before November 30, 2001, the commissioner shall report to the Business[,] and Labor[,
                  and Economic Development] Interim Committee regarding the status of:
                      (a) any agreements entered into under Subsection (1);
                      (b) any interstate compact entered into under Subsection (2); and
                      (c) any rule made under Subsections (3) and (4).
                      (6) This section shall be repealed in accordance with Section 63-55-231 .
                      Section 6. Section 36-12-5 is amended to read:
                       36-12-5. Duties of interim committees.
                      (1) Except as otherwise provided by law, each interim committee shall:
                      (a) receive study assignments by resolution from the Legislature;

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                      (b) receive study assignments from the Legislative Management Committee, created under
                  Section 36-12-6 ;
                      (c) place matters on its study agenda after requesting approval of the study from the
                  Legislative Management Committee, which request, if not disapproved by the Legislative
                  Management Committee within 30 days of receipt of the request, the interim committee shall
                  consider it approved and may proceed with the requested study;
                      (d) request research reports from the professional legislative staff pertaining to the
                  committee's agenda of study;
                      (e) investigate and study possibilities for improvement in government services within its
                  subject area;
                      (f) accept reports from the professional legislative staff and make recommendations for
                  legislative action with respect to such reports; and
                      (g) prepare and recommend to the Legislature a legislative program in response to the
                  committee's study agenda.
                      (2) (a) In addition to the duties established pursuant to Subsection (1), the Business[,] and
                  Labor[, and Economic Development] Interim Committee and the Health and Human Services
                  Interim Committee shall:
                      (i) identify provisions in Title 31A, Insurance Code, that impose a mandatory obligation on
                  health insurers with respect to coverage, benefits, or providers that have been in effect for five or
                  more years and have not been reviewed during the previous ten years; and
                      (ii) subject to the direction of the Legislative Management Committee which may divide the
                  provisions between the committees, review the provisions to determine whether the provisions
                  should be continued, modified, or repealed, provided that:
                      (A) any provision in effect for five or more years as of July 1, 2000, shall be reviewed before
                  November 30, 2005; and
                      (B) any provision enacted after July 1, 2000, shall be reviewed on the fifth year after
                  enactment.
                      (b) The review shall include:

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                      (i) the estimated fiscal impact of the provision on state and private health insurance; and
                      (ii) the purpose and effectiveness of the provision.
                      (c) The committee may request through, and with the approval of, the audit subcommittee
                  that the legislative auditor general perform, or otherwise assist in the performance of, the review
                  described in Subsection (2)(b).
                      (3) Except as otherwise provided by law, reports and recommendations of the interim
                  committees shall be completed and made public prior to any legislative session at which the reports
                  and recommendations are submitted. A copy of the reports and recommendations shall be mailed
                  to each member or member-elect of the Legislature, to each elective state officer, and to the state
                  library.
                      Section 7. Section 70C-8-102 is amended to read:
                       70C-8-102. Powers of department -- Conformity with federal law -- Reliance on rules
                  -- Consumer education.
                      (1) In addition to other powers granted by this title, the department, within the limitations
                  provided by law, may:
                      (a) receive and act on complaints, take action designed to obtain voluntary compliance with
                  this title, or commence administrative or judicial proceedings on its own initiative;
                      (b) counsel persons and groups on their rights and duties under this title;
                      (c) establish programs for the education of consumers with respect to credit practices and
                  problems;
                      (d) make studies appropriate to effectuate the purposes and policies of this title and make
                  the results available to the public;
                      (e) adopt, amend, and repeal rules to supplement, interpret, or carry out the provisions of this
                  title;
                      (f) maintain offices within this state; and
                      (g) employ any necessary hearing examiners, clerks, and other employees and agents.
                      (2) The department may adopt rules that supersede any provisions of this title that are or
                  come into conflict with the Federal Credit Protection Act or its implementing Regulation Z if the

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                  department:
                      (a) finds such a conflict to exist; and
                      (b) declares that the purpose of superseding this title is to resolve that conflict.
                      (3) Except for refund of an excess charge, no liability is imposed under this title for an act
                  done or omitted in conformity with the rule of the department, notwithstanding that after the act or
                  omission the rule may be amended or repealed or be determined by judicial or other competent
                  authority to be invalid for any reason.
                      (4) A rule or any part of a rule adopted by the department under this title may not be
                  determined by any judicial or other authority to be invalid in whole or in part unless such judicial
                  or other authority expressly finds that the rule or part of the rule is arbitrary, capricious, and
                  constitutes an abuse of discretion, or exceeds the authority granted to the department by this title, or
                  is otherwise unlawful.
                      (5) The department shall coordinate with representatives of education, government, and the
                  financial services industry and assist in the preparation of an initiative to develop, implement, and
                  monitor a financial services education curriculum that is:
                      (a) to be made available to the public; and
                      (b) appropriate for use in the public schools.
                      (6) Beginning in 1999, the department shall report biennially by no later than November 30
                  to the Business[,] and Labor[, and Economic Development] Interim Committee regarding:
                      (a) the need for consumer education programs administered by the department to promote
                  prudent and beneficial use of credit by consumers; and
                      (b) department efforts to promote the education of consumers with respect to credit practices
                  and problems, including:
                      (i) its efforts to coordinate, encourage, and assist public and private persons in developing
                  and operating voluntary educational and debt counseling programs; and
                      (ii) its activities under Subsection (5).

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