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     Committee Note:
10          The Administrative Rules Review Committee recommended this bill.
11     General Description:
12          This bill modifies provisions relating to public school participation in the Risk
13     Management Fund.
14     Highlighted Provisions:
15          This bill:
16          ▸     modifies certain deadlines related to public school employee participation in the
17     Risk Management Fund.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          63A-4-204, as last amended by Laws of Utah 2008, Chapter 382
25          63A-4-204.5, as last amended by Laws of Utah 2008, Chapter 382
26     

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




Legislative Review Note
Office of Legislative Research and General Counsel