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8 LONG TITLE
9 General Description:
10 This bill creates a fund to address certain workers' compensation costs.
11 Highlighted Provisions:
12 This bill:
13 ▸ enacts the Wildland Fire Response Workers' Compensation Liability Fund Act,
14 including:
15 • defining terms;
16 • creating the fund, subject to a cap;
17 • requiring reporting;
18 • creating a grant program; and
19 • authorizing rulemaking; and
20 ▸ makes technical and conforming amendments.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 65A-8-204, as last amended by Laws of Utah 2017, Chapter 210
28 ENACTS:
29 65A-16-101, Utah Code Annotated 1953
30 65A-16-102, Utah Code Annotated 1953
31 65A-16-201, Utah Code Annotated 1953
32 65A-16-202, Utah Code Annotated 1953
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34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 65A-8-204 is amended to read:
36 65A-8-204. Wildland Fire Suppression Fund created.
37 (1) There is created an expendable special revenue fund known as the "Wildland Fire
38 Suppression Fund."
39 (2) The fund shall be administered by the division to pay:
40 (a) wildfire suppression costs on eligible lands, including for an eligible entity that has
41 entered into a cooperative agreement, as described in Section 65A-8-203; and
42 (b) the charge imposed by the division to fund the Wildland Fire Response Workers'
43 Compensation Liability Fund created in Section 65A-16-201.
44 (3) The contents of the fund shall include:
45 (a) interest and earnings from the investment of fund money;
46 (b) money appropriated by the Legislature;
47 (c) costs recovered from successful investigations;
48 (d) federal funds received by the division for wildfire management costs;
49 (e) suppression costs billed to an eligible entity that does not participate in a
50 cooperative agreement;
51 (f) suppression costs paid to the division by another state agency;
52 (g) costs recovered from settlements and civil actions related to wildfire suppression;
53 (h) restitution payments ordered by a court following a criminal adjudication;
54 (i) the balance of the fund as of July 1, 2016;
55 (j) money deposited by the Division of Finance, pursuant to Section 59-21-2; [
56 (k) money transferred by the Division of Finance, pursuant to Section 63J-1-314[
57 (l) money transferred pursuant to Section 65A-16-201.
58 (4) Fund money shall be invested by the state treasurer with the earnings and interest
59 accruing to the fund.
60 Section 2. Section 65A-16-101 is enacted to read:
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64 65A-16-101. Title.
65 This chapter is known as the "Wildland Fire Response Workers' Compensation
66 Liability Fund Act."
67 Section 3. Section 65A-16-102 is enacted to read:
68 65A-16-102. Definitions.
69 As used in this chapter:
70 (1) "Catastrophic" is as defined by rule made by the division in accordance with Title
71 63G, Chapter 3, Utah Administrative Rulemaking Act.
72 (2) "Catastrophic injury" means an injury that:
73 (a) is catastrophic or results in death; and
74 (b) arises out of and in the course of a qualified firefighter responding to a wildland
75 fire.
76 (3) "Catastrophic workers' compensation claim" means a claim for workers'
77 compensation benefits under Title 34A, Chapter 2, Workers' Compensation Act, on the basis of
78 a catastrophic injury.
79 (4) "Fund" means the Wildland Fire Response Workers' Compensation Liability Fund
80 created in Section 65A-16-201.
81 (5) "Local government" means a county, city, town, special service district, or local
82 district.
83 (6) "Qualified wildland firefighter" is defined by rule made by the division in
84 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
85 (7) "Responding to a wildland fire" is defined by rule made by the division in
86 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
87 (8) "Workers' compensation costs" is defined by rule made by the division in
88 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
89 Section 4. Section 65A-16-201 is enacted to read:
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91 65A-16-201. Creation of fund.
92 (1) (a) There is created an expendable special revenue fund known as the "Wildland
93 Fire Response Workers' Compensation Liability Fund."
94 (b) The fund shall consist of:
95 (i) money deposited into the fund from a charge imposed by the division in an amount:
96 (A) related to the division's administration of the Wildland Fire Suppression Fund
97 created in Section 65A-8-204; and
98 (B) agreed to by the division and the eligible entities, as defined in Section 65A-8-203,
99 that enter into a cooperative agreement with the division;
100 (ii) money appropriated by the Legislature;
101 (iii) money received from the federal government for purposes of the fund;
102 (iv) money received from a local government for purposes of the fund;
103 (v) money received from a nongovernmental organization for purposes of the fund; and
104 (vi) interest or other earnings accrued in accordance with Subsection (1)(c)(ii).
105 (c) The state treasurer shall:
106 (i) invest the money in the fund following the procedures and requirements of Title 51,
107 Chapter 7, State Money Management Act; and
108 (ii) deposit all interest or other earnings derived from each investment described in
109 Subsection (1)(c)(i) into the fund.
110 (2) If at the end of the fiscal year the balance in the fund exceeds $10,000,000, the
111 amount in excess of $10,000,000 shall be transferred to the Wildland Fire Suppression Fund
112 created in Section 65A-8-204.
113 (3) The division shall report to the Natural Resources, Agriculture, and Environmental
114 Quality appropriations subcommittee concerning the operations of the fund by no later than a
115 November 2020 meeting of the appropriations subcommittee.
116 Section 5. Section 65A-16-202 is enacted to read:
117 65A-16-202. Grants for increases in workers' compensation costs as a result of a
118 catastrophic injury.
119 (1) In accordance with this section, the division may issue a grant from the fund to
120 compensate a local government for an increase in the local government's workers'
121 compensation costs on the basis of the local government having a catastrophic workers'
122 compensation claim.
123 (2) Consistent with this chapter, the division shall make rules, in accordance with Title
124 63G, Chapter 3, Utah Administrative Rulemaking Act, for administering the grants.
125 (3) The rules made under this section shall:
126 (a) describe the documentation necessary to establish:
127 (i) the amount of an increase in workers' compensation costs on the basis of the local
128 government having a catastrophic workers' compensation claim; and
129 (ii) the number of years the local government will experience an increase in workers'
130 compensation insurance costs on the basis of the local government having a catastrophic
131 workers' compensation claim;
132 (b) require that a local government apply for grant money on an annual basis; and
133 (c) include any other provision the division considers appropriate.