H.B. 37 Enrolled

1

REPEAL OF REPORTING REQUIREMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: James A. Dunnigan
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Utah Code related to reports made to interim
10 committees.
11 Highlighted Provisions:
12 This bill:
13 . repeals outdated reports including:
14 . a reporting requirement for a program related to prescription opiate use;
15 . reporting requirements by the insurance commissioner related to coordination
16 with other states;
17 . a reporting requirement related to a study of premium assessments; and
18 . a report related to collecting information related to tracking effects of abuse of
19 alcoholic products;
20 . repeals a reporting requirement related to complaint information related to title
21 insurance;
22 . repeals a reporting requirement related to the Rocky Mountain Center for
23 Occupational and Environmental Health;
24 . repeals a reporting requirement related to the nationwide database and mortgage
25 related licensing;
26 . repeals a reporting requirement related to the Department of Financial Institutions
27 and consumer credit education efforts; and
28 . makes technical and conforming amendments.
29 Money Appropriated in this Bill:

30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 26-1-36, as last amended by Laws of Utah 2010, Chapter 287
36 31A-2-217, as last amended by Laws of Utah 2008, Chapter 382
37 31A-2-404, as last amended by Laws of Utah 2012, Chapter 253
38 34A-2-107, as last amended by Laws of Utah 2011, Chapter 366
39 53-1-119, as enacted by Laws of Utah 2012, Chapter 357
40 53B-17-804, as last amended by Laws of Utah 2010, Chapter 323
41 61-2c-103, as last amended by Laws of Utah 2012, Chapter 166
42 70C-8-102, as last amended by Laws of Utah 2002, Chapter 65
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 26-1-36 is amended to read:
46 26-1-36. Duty to establish program to reduce deaths and other harm from
47 prescription opiates used for chronic noncancer pain.
48 (1) As used in this section, "opiate" means any drug or other substance having an
49 addiction-forming or addiction-sustaining liability similar to morphine or being capable of
50 conversion into a drug having addiction-forming or addiction-sustaining liability.
51 (2) In addition to the duties listed in Section 26-1-30 , the department shall develop and
52 implement a two-year program in coordination with the Division of Professional Licensing, the
53 Utah Labor Commission, and the Utah attorney general, to:
54 (a) investigate the causes of and risk factors for death and nonfatal complications of
55 prescription opiate use and misuse in Utah for chronic pain by utilizing the Utah Controlled
56 Substance Database created in Section 58-37f-201 ;
57 (b) study the risks, warning signs, and solutions to the risks associated with

58 prescription opiate medications for chronic pain, including risks and prevention of misuse and
59 diversion of those medications;
60 (c) provide education to health care providers, patients, insurers, and the general public
61 on the appropriate management of chronic pain, including the effective use of medical
62 treatment and quality care guidelines that are scientifically based and peer reviewed; and
63 (d) educate the public regarding:
64 (i) the purpose of the Controlled Substance Database established in Section
65 58-37f-201 ; and
66 (ii) the requirement that a person's name and prescription information be recorded on
67 the database when the person fills a prescription for a schedule II, III, IV, or V controlled
68 substance.
69 [(3) The department shall report on the development and implementation of the
70 program required in Subsection (2) to the legislative Health and Human Services Interim
71 Committee and the legislative Business and Labor Interim Committee no later than the
72 November interim meetings in 2008 and 2009. Each report shall include:]
73 [(a) recommendations on:]
74 [(i) use of the Utah Controlled Substance Database created in Section 58-37f-201 to
75 identify and prevent:]
76 [(A) misuse of opiates;]
77 [(B) inappropriate prescribing; and]
78 [(C) adverse outcomes of prescription opiate medications;]
79 [(ii) interventions to prevent the diversion of prescription opiate medications; and]
80 [(iii) medical treatment and quality care guidelines that are:]
81 [(A) scientifically based; and]
82 [(B) peer reviewed; and]
83 [(b) (i) a measure of results against expectations under the program as of the date of the
84 report; and]
85 [(ii) an analysis of the application of the program, use of the appropriated funds, and

86 the impact and results of the use of the funds.]
87 [(4) The report provided under Subsection (3) for the 2008 interim shall also provide a
88 final cumulative analysis of the measurable effectiveness of the program implemented under
89 this section.]
90 Section 2. Section 31A-2-217 is amended to read:
91 31A-2-217. Coordination with other states.
92 (1) (a) Subject to Subsection (1)(b), the commissioner, by rule, may adopt one or more
93 agreements with another governmental regulatory agency, within and outside of this state, or
94 with the National Association of Insurance Commissioners to address:
95 (i) licensing of insurance companies;
96 (ii) licensing of agents;
97 (iii) regulation of premium rates and policy forms; and
98 (iv) regulation of insurer insolvency and insurance receiverships.
99 (b) An agreement described in Subsection (1)(a), may authorize the commissioner to
100 modify a requirement of this title if the commissioner determines that the requirements under
101 the agreement provide protections similar to or greater than the requirements under this title.
102 (2) (a) The commissioner may negotiate an interstate compact that addresses issuing
103 certificates of authority, if the commissioner determines that:
104 (i) each state participating in the compact has requirements for issuing certificates of
105 authority that provide protections similar to or greater than the requirements of this title; or
106 (ii) the interstate compact contains requirements for issuing certificates of authority
107 that provide protections similar to or greater than the requirements of this title.
108 (b) If an interstate compact described in Subsection (2)(a) is adopted by the
109 Legislature, the commissioner may issue certificates of authority to insurers in accordance with
110 the terms of the interstate compact.
111 (3) If any provision of this title conflicts with a provision of the annual statement
112 instructions or the National Association of Insurance Commissioners Accounting Practices and
113 Procedures Manual, the commissioner may, by rule, resolve the conflict in favor of the annual

114 statement instructions or the National Association of Insurance Commissioners Accounting
115 Practices and Procedures Manual.
116 (4) The commissioner may, by rule, accept the information prescribed by the National
117 Association of Insurance Commissioners instead of the documents required to be filed with an
118 application for a certificate of authority under:
119 (a) Section 31A-4-103 , 31A-5-204 , 31A-8-205 , or 31A-14-201 ; or
120 (b) rules made by the commissioner.
121 [(5) Before November 30, 2001, the commissioner shall report to the Business and
122 Labor Interim Committee regarding the status of:]
123 [(a) any agreements entered into under Subsection (1);]
124 [(b) any interstate compact entered into under Subsection (2); and]
125 [(c) any rule made under Subsections (3) and (4).]
126 [(6)] (5) This section shall be repealed in accordance with Section 63I-1-231 .
127 Section 3. Section 31A-2-404 is amended to read:
128 31A-2-404. Duties of the commissioner and Title and Escrow Commission.
129 (1) Notwithstanding the other provisions of this chapter, to the extent provided in this
130 part, the commissioner shall administer and enforce the provisions in this title related to:
131 (a) title insurance; and
132 (b) escrow conducted by a title licensee or title insurer.
133 (2) The commission shall:
134 (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
135 subject to Subsection (3), make rules for the administration of the provisions in this title related
136 to title insurance including rules related to:
137 (i) rating standards and rating methods for a title licensee, as provided in Section
138 31A-19a-209 ;
139 (ii) the licensing for a title licensee, including the licensing requirements of Section
140 31A-23a-204 ;
141 (iii) continuing education requirements of Section 31A-23a-202 ;

142 (iv) examination procedures, after consultation with the commissioner and the
143 commissioner's test administrator when required by Section 31A-23a-204 ; and
144 (v) standards of conduct for a title licensee;
145 (b) concur in the issuance and renewal of a license in accordance with Section
146 31A-23a-105 or 31A-26-203 ;
147 (c) in accordance with Section 31A-3-103 , establish, with the concurrence of the
148 commissioner, the fees imposed by this title on a title licensee;
149 (d) in accordance with Section 31A-23a-415 determine, after consulting with the
150 commissioner, the assessment on a title insurer as defined in Section 31A-23a-415 ;
151 (e) conduct an administrative hearing not delegated by the commission to an
152 administrative law judge related to the:
153 (i) licensing of an applicant;
154 (ii) conduct of a title licensee; or
155 (iii) approval of a continuing education program required by Section 31A-23a-202 ;
156 (f) with the concurrence of the commissioner, approve a continuing education program
157 required by Section 31A-23a-202 ;
158 (g) with the concurrence of the commissioner, impose a penalty:
159 (i) under this title related to:
160 (A) title insurance; or
161 (B) escrow conducted by a title licensee;
162 (ii) after investigation by the commissioner in accordance with Part 3, Procedures and
163 Enforcement; and
164 (iii) that is enforced by the commissioner;
165 (h) advise the commissioner on the administration and enforcement of any matter
166 affecting the title insurance industry;
167 (i) advise the commissioner on matters affecting the commissioner's budget related to
168 title insurance; and
169 (j) perform other duties as provided in this title.

170 (3) The commission may make a rule under this title only if at the time the commission
171 files its proposed rule and rule analysis with the Division of Administrative Rules in
172 accordance with Section 63G-3-301 , the commission provides the Real Estate Commission that
173 same information.
174 (4) (a) The commissioner shall annually report the information described in Subsection
175 (4)(b) in writing to[: (i)] the commission[; and].
176 [(ii) the Business and Labor Interim Committee.]
177 (b) The information required to be reported under this Subsection (4):
178 (i) may not identify a person; and
179 (ii) shall include:
180 (A) the number of complaints the commissioner receives with regard to transactions
181 involving title insurance or a title licensee during the calendar year immediately proceeding the
182 report;
183 (B) the type of complaints described in Subsection (4)(b)(ii)(A); and
184 (C) for each complaint described in Subsection (4)(b)(ii)(A):
185 (I) any action taken by the commissioner with regard to the complaint; and
186 (II) the time-period beginning the day on which a complaint is made and ending the
187 day on which the commissioner determines it will take no further action with regard to the
188 complaint.
189 Section 4. Section 34A-2-107 is amended to read:
190 34A-2-107. Appointment of workers' compensation advisory council --
191 Composition -- Terms of members -- Duties -- Compensation.
192 (1) The commissioner shall appoint a workers' compensation advisory council
193 composed of:
194 (a) the following voting members:
195 (i) five employer representatives; and
196 (ii) five employee representatives; and
197 (b) the following nonvoting members:

198 (i) a representative of the Workers' Compensation Fund;
199 (ii) a representative of a private insurance carrier;
200 (iii) a representative of health care providers;
201 (iv) the Utah insurance commissioner or the insurance commissioner's designee; and
202 (v) the commissioner or the commissioner's designee.
203 (2) Employers and employees shall consider nominating members of groups who
204 historically may have been excluded from the council, such as women, minorities, and
205 individuals with disabilities.
206 (3) (a) Except as required by Subsection (3)(b), as terms of current council members
207 expire, the commissioner shall appoint each new member or reappointed member to a two-year
208 term beginning July 1 and ending June 30.
209 (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
210 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
211 council members are staggered so that approximately half of the council is appointed every two
212 years.
213 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
214 be appointed for the unexpired term.
215 (b) The commissioner shall terminate the term of a council member who ceases to be
216 representative as designated by the member's original appointment.
217 (5) [(a)] The council shall confer at least quarterly for the purpose of advising the
218 commission, the division, and the Legislature on:
219 [(i)] (a) the Utah workers' compensation and occupational disease laws;
220 [(ii)] (b) the administration of the laws described in Subsection (5)(a)[(i)]; and
221 [(iii)] (c) rules related to the laws described in Subsection (5)(a)[(i); and].
222 [(iv) advising the Legislature in accordance with Subsection (5)(b).]
223 [(b) (i) The council and the commission shall jointly study during 2009 the premium
224 assessment under Section 59-9-101 on an admitted insurer writing workers' compensation
225 insurance in this state and on a self-insured employer under Section 34A-2-202 as to:]

226 [(A) whether or not the premium assessment should be changed; or]
227 [(B) whether or not changes should be made to how the premium assessment is used.]
228 [(ii) The council and commission shall jointly report the results of the study described
229 in this Subsection (5)(b) to the Business and Labor Interim Committee by no later than the
230 2009 November interim meeting.]
231 (6) Regarding workers' compensation, rehabilitation, and reemployment of employees
232 who acquire a disability because of an industrial injury or occupational disease the council
233 shall:
234 (a) offer advice on issues requested by:
235 (i) the commission;
236 (ii) the division; and
237 (iii) the Legislature; and
238 (b) make recommendations to:
239 (i) the commission; and
240 (ii) the division.
241 (7) The commissioner or the commissioner's designee shall serve as the chair of the
242 council and call the necessary meetings.
243 (8) The commission shall provide staff support to the council.
244 (9) A member may not receive compensation or benefits for the member's service, but
245 may receive per diem and travel expenses in accordance with:
246 (a) Section 63A-3-106 ;
247 (b) Section 63A-3-107 ; and
248 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
249 63A-3-107 .
250 Section 5. Section 53-1-119 is amended to read:
251 53-1-119. Tracking effects of abuse of alcoholic products.
252 (1) There is created a committee within the department known as the "Alcohol Abuse
253 Tracking Committee" that consists of:

254 (a) the commissioner, or the commissioner's designee;
255 (b) the executive director of the Department of Health, or the executive director's
256 designee;
257 (c) the executive director of the Department of Human Services, or the executive
258 director's designee;
259 (d) the director of the Department of Alcoholic Beverage Control, or the director's
260 designee;
261 (e) the executive director of the Department of Workforce Services, or the executive
262 director's designee;
263 (f) the chair of the Utah Substance Abuse Advisory Council, or the chair's designee;
264 (g) the state court administrator or the state court administrator's designee; and
265 (h) the executive director of the Department of Technology Services, or the executive
266 director's designee.
267 (2) The commissioner, or the commissioner's designee, shall chair the committee.
268 (3) (a) Four members of the committee constitute a quorum.
269 (b) A vote of the majority of the committee members present when a quorum is present
270 is an action of the committee.
271 (4) The committee shall meet at the call of the chair, except that the chair shall call a
272 meeting at least quarterly.
273 (5) The committee may adopt additional procedures or requirements for:
274 (a) voting, when there is a tie of the committee members;
275 (b) how meetings are to be called; and
276 (c) the frequency of meetings.
277 (6) The committee shall establish a process to collect for each fiscal year the following
278 information:
279 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
280 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
281 violation related to underage drinking of alcohol;

282 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
283 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
284 violation related to driving under the influence of alcohol;
285 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
286 related to over-serving or over-consumption of an alcoholic product;
287 (d) the cost of social services provided by the state related to abuse of alcohol,
288 including services provided by the Division of Child and Family Services within the
289 Department of Human Services;
290 (e) where the alcoholic products are obtained that results in the violations or costs
291 described in Subsections (6)(a) through (d); and
292 (f) any information the committee determines can be collected and relates to the abuse
293 of alcoholic products.
294 (7) (a) The committee shall begin to collect the information described in Subsection (6)
295 by January 1, 2013. For fiscal year 2012-13, the committee is required only to report the
296 information collected between January 1, 2013 and June 30, 2013.
297 (b) Beginning December 31, 2013, the committee shall report the information collected
298 under Subsection (6) annually to the governor and Legislature by no later than the December
299 31 immediately following the fiscal year for which the information is collected.
300 [(8) Prior to the October 2012 Interim meeting of the Business and Labor Interim
301 Committee, the committee shall report to the Business and Labor Interim Committee:]
302 [(a) a list of information to be collected;]
303 [(b) standards to be used in collecting the information;]
304 [(c) criteria to be used in determining the level and extent that alcohol is related or
305 contributed to the activities for which data is to be collected; and]
306 [(d) how the collection of data will verify the presence of alcohol, blood alcohol levels,
307 and differentiate between persons using other substances of impairment and persons consuming
308 alcoholic beverages.]
309 Section 6. Section 53B-17-804 is amended to read:

310 53B-17-804. Reporting.
311 (1) (a) The board, through the director and the board chair, shall provide by no later
312 than July 1 of each year, a written report to[: (i)] the president of the university[; and].
313 [(ii) the Business and Labor Interim Committee.]
314 (b) The report required by this Subsection (1) shall:
315 (i) summarize the center's activities and accomplishments in the immediate proceeding
316 calendar year; and
317 (ii) provide information and the board's advice and recommendations on how the state,
318 university, and the center can:
319 (A) improve workplace health and safety; and
320 (B) contribute to economic growth and development in Utah and the surrounding
321 region.
322 (2) (a) If the center receives in a fiscal year money from the Eddie P. Mayne
323 Workplace Safety and Occupational Health Funding Program provided for in Section
324 34A-2-701 , the center shall provide a written report:
325 (i) by no later than the August 15 following the fiscal year;
326 (ii) to the Office of the Legislative Fiscal Analyst;
327 (iii) for review by the Higher Education Appropriations Subcommittee;
328 (iv) that accounts for the expenditure of money received in the fiscal year by the center
329 from the Eddie P. Mayne Workplace Safety and Occupational Health Funding Program
330 including impact on workplace safety in Utah; and
331 (v) that includes a preliminary statement as to money the center will request from the
332 Eddie P. Mayne Workplace Safety and Occupational Health Funding Program for the fiscal
333 year following the day on which the report is provided.
334 (b) A report provided under this Subsection (2) meets the reporting requirements under
335 Subsection 34A-2-701 (5)(b)(i)(B).
336 Section 7. Section 61-2c-103 is amended to read:
337 61-2c-103. Powers and duties of the division.

338 (1) The division shall administer this chapter.
339 (2) In addition to a power or duty expressly provided in this chapter, the division may:
340 (a) receive and act on a complaint including:
341 (i) taking action designed to obtain voluntary compliance with this chapter; or
342 (ii) commencing an administrative or judicial proceeding on the division's own
343 initiative;
344 (b) establish one or more programs for the education of consumers with respect to
345 residential mortgage loans;
346 (c) (i) make one or more studies appropriate to effectuate the purposes and policies of
347 this chapter; and
348 (ii) make the results of the studies described in Subsection (2)(c)(i) available to the
349 public;
350 (d) visit and investigate a person licensed under this chapter, regardless of whether the
351 person is located in Utah;
352 (e) employ one or more necessary hearing examiners, investigators, clerks, and other
353 employees and agents; and
354 (f) establish fees under Section 63J-1-504 for:
355 (i) processing an application for licensing or certification; and
356 (ii) any other function required or permitted by this chapter.
357 (3) The division shall make rules for the administration of this chapter in accordance
358 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including:
359 (a) licensure procedures for:
360 (i) a person required by this chapter to obtain a license with the division; and
361 (ii) the establishment of a branch office by an entity;
362 (b) proper handling of money received by a licensee;
363 (c) record-keeping requirements by a licensee, including proper disposal of a record;
364 (d) certification procedures for certifying an education provider; and
365 (e) standards of conduct for a licensee or certified education provider.

366 (4) The division may by rule made in accordance with Title 63G, Chapter 3, Utah
367 Administrative Rulemaking Act, require as a condition of maintaining a license or certification
368 under this chapter that a person comply with a requirement of the nationwide database if:
369 (a) required for uniformity amongst states; and
370 (b) not inconsistent with this chapter.
371 (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
372 Administrative Rulemaking Act, provide a process under which an individual may challenge
373 information contained in the nationwide database.
374 [(6) The division shall annually:]
375 [(a) review the requirements related to the nationwide database imposed by federal
376 licensing requirements or the nationwide database on:]
377 [(i) the division;]
378 [(ii) a licensee under this chapter;]
379 [(iii) a certified education provider; or]
380 [(iv) an approved examination provider; and]
381 [(b) after the review required by Subsection (6)(a):]
382 [(i) report to the Business and Labor Interim Committee the impact of the requirements
383 on the implementation by the division of this chapter; and]
384 [(ii) recommend legislation, if any, to the Business and Labor Interim Committee
385 related to how the division should coordinate with the nationwide database.]
386 [(7)] (6) The division may enter into a relationship or contract with the nationwide
387 database or another entity designated by the nationwide database to do the following related to
388 a licensee or other person subject to this chapter:
389 (a) collect or maintain a record; and
390 (b) process a transaction fee or other fee.
391 [(8)] (7) The division shall regularly report the following to the nationwide database:
392 (a) a violation of this chapter;
393 (b) licensing or disciplinary action under this chapter; and

394 (c) other information relevant to this chapter.
395 [(9)] (8) If a person pays a fee or costs to the division with a negotiable instrument or
396 any other method that is not honored for payment:
397 (a) the transaction for which the payment is submitted is voidable by the division;
398 (b) the division may reverse the transaction if payment of the applicable fee or costs is
399 not received in full; and
400 (c) the person's license, certification, or registration is automatically suspended:
401 (i) beginning the day on which the payment is due; and
402 (ii) ending the day on which payment is made in full.
403 Section 8. Section 70C-8-102 is amended to read:
404 70C-8-102. Powers of department -- Conformity with federal law -- Reliance on
405 rules -- Consumer education.
406 (1) In addition to other powers granted by this title, the department, within the
407 limitations provided by law, may:
408 (a) receive and act on complaints, take action designed to obtain voluntary compliance
409 with this title, or commence administrative or judicial proceedings on its own initiative;
410 (b) counsel persons and groups on their rights and duties under this title;
411 (c) establish programs for the education of consumers with respect to credit practices
412 and problems;
413 (d) make studies appropriate to effectuate the purposes and policies of this title and
414 make the results available to the public;
415 (e) adopt, amend, and repeal rules to supplement, interpret, or carry out the provisions
416 of this title;
417 (f) maintain offices within this state; and
418 (g) employ any necessary hearing examiners, clerks, and other employees and agents.
419 (2) The department may adopt rules that supersede any provisions of this title that are
420 or come into conflict with the Federal Consumer Credit Protection Act or its implementing
421 Regulation Z if the department:

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

[Bill Documents]