1     
STATE LIABILITY PROTECTION FOR SCHOOL

2     
EMPLOYEES

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Curtis Oda

6     
Senate Sponsor: Howard A. Stephenson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions relating to public school participation in the Risk
11     Management Fund.
12     Highlighted Provisions:
13          This bill:
14          ▸     modifies certain deadlines related to public school employee participation in the
15     Risk Management Fund.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          63A-4-204, as last amended by Laws of Utah 2008, Chapter 382
23          63A-4-204.5, as last amended by Laws of Utah 2008, Chapter 382
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 63A-4-204 is amended to read:
27          63A-4-204. School district participation in Risk Management Fund.
28          (1) (a) For the purpose of this section, action by a public school district shall be taken
29     upon resolution by a majority of the members of the school district's board of education.
30          (b) (i) Upon approval by the state risk manager and the board of education of the
31     school district, a public school district may participate in the Risk Management Fund and may
32     permit a foundation established under Section 53A-4-205 to participate in the Risk
33     Management Fund.
34          (ii) Upon approval by the state risk manager and the State Board of Education, a state
35     public education foundation may participate in the Risk Management Fund.
36          (c) Subject to any cancellation or other applicable coverage provisions, either the state
37     risk manager or the public school district may terminate participation in the fund.
38          (2) The state risk manager shall contract for all insurance, legal, loss adjustment,
39     consulting, loss control, safety, and other related services necessary to support the insurance
40     program provided to a participating public school district, except that all supporting legal
41     services are subject to the prior approval of the state attorney general.
42          (3) (a) The state risk manager shall treat each participating public school district as a
43     state agency when participating in the Risk Management Fund.
44          (b) Each public school district participating in the fund shall comply with the
45     provisions of this part that affect state agencies.
46          (4) (a) [By no later than March 31 of each] Each year, the risk manager shall prepare,
47     in writing, the information required by Subsection (4)(b) regarding the coverage against legal
48     liability provided a school district employee of this state:
49          (i) by the Risk Management Fund;
50          (ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
51          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
52     Employees Act.
53          (b) (i) The information described in Subsection (4)(a) shall include:
54          (A) the eligibility requirements, if any, to receive the coverage;
55          (B) the basic nature of the coverage for a school district employee, including what is
56     not covered; and
57          (C) whether the coverage is primary or in excess of any other coverage the risk
58     manager knows is commonly available to a school district employee in this state.
59          (ii) The information described in Subsection (4)(a) may include:
60          (A) comparisons the risk manager considers beneficial to a school district employee
61     between:
62          (I) the coverage described in Subsection (4)(a); and
63          (II) other coverage the risk manager knows is commonly available to a school district
64     employee in this state; and
65          (B) any other information the risk manager considers appropriate.
66          (c) [The] By no later than July 1 of each year, the risk manager shall provide the
67     information prepared under this Subsection (4) to each school district that participates in the
68     Risk Management Fund.
69          (d) A school district that participates in the Risk Management Fund shall provide a
70     copy of the information described in Subsection (4)(c) to each school district employee within
71     the school district[:] no later than the first day of each school year.
72          [(i) at the time an employee enters into an employment contract and signs a separate
73     acknowledgment of legal liability protection in accordance with Section 53A-3-411; or]
74          [(ii) if the school district does not provide the information to the employee pursuant to
75     Subsection (4)(d)(i):]
76          [(A) within 30 days of the day the school district employee is hired by the school
77     district; and]
78          [(B) by no later than April 15 of each calendar year.]
79          (e) If a school district hires an employee after the first day of the school year, no later
80     than 10 days after the day on which the employee is hired, the school district shall provide the
81     information described in Subsection (4)(c) to the employee.
82          Section 2. Section 63A-4-204.5 is amended to read:
83          63A-4-204.5. Charter school participation in Risk Management Fund.
84          (1) A charter school established under the authority of Title 53A, Chapter 1a, Part 5,
85     The Utah Charter Schools Act, may participate in the Risk Management Fund upon the
86     approval of the state risk manager and the governing body of the charter school.
87          (2) (a) For purposes of administration, the state risk manager shall treat each charter
88     school participating in the fund as a state agency.
89          (b) Each charter school participating in the fund shall comply with the provisions of
90     this part that affect state agencies.
91          (3) (a) [By no later than March 31 of each] Each year, the risk manager shall prepare,
92     in writing, the information required by Subsection (3)(b) regarding the coverage against legal
93     liability provided a charter school employee of this state:
94          (i) by the Risk Management Fund;
95          (ii) under Title 63G, Chapter 7, Utah Governmental Immunity Act of Utah; and
96          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
97     Employees Act.
98          (b) (i) The information described in Subsection (3)(a) shall include:
99          (A) the eligibility requirements, if any, to receive the coverage;
100          (B) the basic nature of the coverage for a charter school employee, including what is
101     not covered; and
102          (C) whether the coverage is primary or in excess of any other coverage the risk
103     manager knows is commonly available to a charter school employee in this state.
104          (ii) The information described in Subsection (3)(a) may include:
105          (A) comparisons the risk manager considers beneficial to a charter school employee
106     between:
107          (I) the coverage described in Subsection (3)(a); and
108          (II) other coverage the risk manager knows is commonly available to a charter school
109     employee in this state; and
110          (B) any other information the risk manager considers appropriate.
111          (c) [The] By no later than July 1 of each year, the risk manager shall provide the
112     information prepared under this Subsection (3) to each charter school that participates in the
113     Risk Management Fund.
114          (d) A charter school that participates in the Risk Management Fund shall provide a
115     copy of the information described in Subsection (3)(c) to each charter school employee within
116     the charter school[:] no later than the first day of each school year.
117          [(i) within 30 days of the day the charter school employee is hired by the charter
118     school; and]
119          [(ii) by no later than April 15 of each calendar year.]
120          (e) If a charter school hires an employee after the first day of the school year, no later
121     than 10 days after the day on which the employee is hired, the charter school shall provide the
122     information described in Subsection (3)(c) to the employee.