1     
GOVERNMENT INSURANCE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     Committee Note:
9          The Business and Labor Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     2 voting against     4 absent
11     General Description:
12          This bill makes changes to the Administrative Services Code, Independent Entities
13     Code, and Independent State Entities relating to risk management.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     authorizes the state risk manager to create one or more captive insurance
18     companies;
19          ▸     requires the risk manager to coordinate and cooperate with any covered entity
20     having responsibility for risk control and safety of school districts and charter
21     schools;
22          ▸     authorizes school districts, charter schools, the Utah Communications Authority,
23     and the Utah State Fair Corporation to participate in any captive insurance company
24     created by the risk manager; and
25          ▸     makes technical changes.
26     Money Appropriated in this Bill:
27          None

28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          31A-12-101, as last amended by Laws of Utah 1993, Chapter 212
33          51-7-2, as last amended by Laws of Utah 2018, Chapters 207 and 404
34          63A-4-102, as last amended by Laws of Utah 2009, Chapter 183
35          63A-4-103, as last amended by Laws of Utah 2020, Chapter 365
36          63A-4-201, as last amended by Laws of Utah 2011, Chapter 303
37          63A-4-202, as renumbered and amended by Laws of Utah 1993, Chapter 212
38          63A-4-204, as last amended by Laws of Utah 2018, Chapter 415
39          63A-4-204.5, as last amended by Laws of Utah 2018, Chapter 415
40          63A-4-205.5, as last amended by Laws of Utah 2015, Chapter 411
41          63E-1-304, as enacted by Laws of Utah 2013, Chapter 220
42          63G-7-605, as last amended by Laws of Utah 2018, Second Special Session, Chapter 9
43          63G-10-501, as enacted by Laws of Utah 2015, Chapter 355
44          63H-6-103, as last amended by Laws of Utah 2020, Chapter 152
45     ENACTS:
46          63A-4-101.1, Utah Code Annotated 1953
47          63A-4-208, Utah Code Annotated 1953
48     RENUMBERS AND AMENDS:
49          63A-4-101.5, (Renumbered from 63A-4-101, as last amended by Laws of Utah 2006,
50     Chapter 275)
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 31A-12-101 is amended to read:
54          31A-12-101. Definitions.
55          As used in this chapter:
56          (1) "Risk Management Fund" means the fund created under Section 63A-4-201.
57          (2) "Risk manager" means the person appointed under Section [63A-4-101]
58     63A-4-101.5.

59          Section 2. Section 51-7-2 is amended to read:
60          51-7-2. Exemptions from chapter.
61          The following funds are exempt from this chapter:
62          (1) funds invested in accordance with the participating employees' designation or
63     direction pursuant to a public employees' deferred compensation plan established and operated
64     in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
65          (2) funds of the Utah State Retirement Board;
66          (3) funds of the Utah Housing Corporation;
67          (4) endowment funds of higher education institutions;
68          (5) permanent and other land grant trust funds established pursuant to the Utah
69     Enabling Act and the Utah Constitution;
70          (6) the State Post-Retirement Benefits Trust Fund;
71          (7) the funds of the Utah Educational Savings Plan;
72          (8) funds of the permanent state trust fund created by and operated under Utah
73     Constitution, Article XXII, Section 4;
74          (9) the funds in the Navajo Trust Fund;
75          (10) the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
76          (11) the funds in the Employers' Reinsurance Fund;
77          (12) the funds in the Uninsured Employers' Fund; [and]
78          (13) the Utah State Developmental Center Long-Term Sustainability Fund, created in
79     Section 62A-5-206.7[.]; and
80          (14) the funds in the Risk Management Fund created in Section 63A-4-201.
81          Section 3. Section 63A-4-101.1 is enacted to read:
82          63A-4-101.1. Definitions.
83          As used in this chapter:
84          (1) "Captive insurance company" means the same as that term is defined in Section
85     31A-37-102.
86          (2) "Covered entity" means a participating entity of:
87          (a) the Risk Management Fund; or
88          (b) any captive insurance company created by the risk manager.
89          Section 4. Section 63A-4-101.5, which is renumbered from Section 63A-4-101 is

90     renumbered and amended to read:
91          [63A-4-101].      63A-4-101.5. Risk manager -- Appointment -- Duties.
92          (1) The executive director shall appoint a risk manager, who shall be qualified by
93     education and experience in the management of general property and casualty insurance.
94          (2) The risk manager shall:
95          (a) acquire and administer the following purchased by the state and any captive
96     insurance company created by the risk manager:
97          [(i) all property, casualty insurance; and]
98          (i) all property and casualty insurance;
99          (ii) reinsurance of property and casualty insurance; and
100          [(ii)] (iii) subject to Section 34A-2-203, workers' compensation insurance;
101          (b) recommend that the executive director make rules:
102          (i) prescribing reasonable and objective underwriting and risk control standards for
103     [state agencies;]:
104          (A) all covered entities of the Risk Management Fund; and
105          (B) any captive insurance company created by the risk manager;
106          (ii) prescribing the risks to be covered by the Risk Management Fund and the extent to
107     which these risks will be covered;
108          (iii) prescribing the properties, risks, deductibles, and amount limits eligible for
109     payment out of the [fund] Risk Management Fund;
110          (iv) prescribing procedures for making claims and proof of loss; and
111          (v) establishing procedures for the resolution of disputes relating to coverage or claims,
112     which may include binding arbitration;
113          (c) implement a risk management and loss prevention program for [state agencies]
114     covered entities for the purpose of reducing risks, accidents, and losses to assist [state officers
115     and employees] covered entities in fulfilling their responsibilities for risk control and safety;
116          (d) coordinate and cooperate with any [state agency] covered entity having
117     responsibility to manage and protect state properties, including:
118          (i) the state fire marshal;
119          (ii) the director of the Division of Facilities Construction and Management;
120          (iii) the Department of Public Safety; [and]

121          (iv) institutions of higher education;
122          (v) school districts; and
123          (vi) charter schools;
124          (e) maintain records necessary to fulfill the requirements of this section;
125          (f) manage the [fund] Risk Management Fund and any captive insurance company
126     created by the risk manager in accordance with economically and actuarially sound principles
127     to produce adequate reserves for the payment of contingencies, including unpaid and
128     unreported claims, and may purchase any insurance or reinsurance considered necessary to
129     accomplish this objective; and
130          (g) inform the [agency's] covered entity's governing body and the governor when any
131     [agency] covered entity fails or refuses to comply with reasonable risk control
132     recommendations made by the risk manager.
133          (3) Before the effective date of any rule, the risk manager shall provide a copy of the
134     rule to each [agency] covered entity affected by it.
135          Section 5. Section 63A-4-102 is amended to read:
136          63A-4-102. Risk manager -- Powers.
137          (1) The risk manager may:
138          (a) enter into contracts;
139          (b) form one or more captive insurance companies authorized under Title 31A, Chapter
140     37, Captive Insurance Companies Act;
141          [(b)] (c) purchase insurance or reinsurance;
142          [(c)] (d) adjust, settle, and pay claims;
143          [(d)] (e) pay expenses and costs;
144          [(e)] (f) study the risks of all [state agencies] covered entities and properties;
145          [(f)] (g) issue certificates of coverage [to state agencies for] or insurance for covered
146     entities with respect to any risks covered by the Risk Management Fund or any captive
147     insurance company created by the risk manager;
148          [(g)] (h) make recommendations about risk management and risk reduction strategies
149     to [state agencies] covered entities;
150          [(h)] (i) in consultation with the attorney general, prescribe insurance, indemnification,
151     and liability provisions to be included in all state contracts;

152          [(i)] (j) review [agency] covered entity building construction, major remodeling plans,
153     agency program plans, and make recommendations to the agency about needed changes to
154     address risk considerations;
155          [(j)] (k) attend agency planning and management meetings when necessary;
156          [(k)] (l) review any proposed legislation and communicate with legislators and
157     legislative committees about the liability or risk management issues connected with any
158     legislation; and
159          [(l)] (m) solicit any needed information about agency plans, agency programs, or
160     agency risks necessary to perform the risk manager's responsibilities under this part.
161          (2) (a) The risk manager may expend money from the Risk Management Fund to
162     procure and provide coverage to all [state agencies] covered entities and their indemnified
163     employees, except those [agencies] entities or employees specifically exempted by statute.
164          (b) The risk manager shall apportion the costs of that coverage according to the
165     requirements of this part.
166          (3) Before charging a rate, fee, or other amount to an executive branch agency, or to a
167     subscriber of services other than an executive branch agency, the director shall:
168          (a) submit the proposed rates, fees, or other amount and cost analysis to the Rate
169     Committee established in Section 63A-1-114; and
170          (b) obtain the approval of the Legislature as required by Section 63J-1-410.
171          (4) The director shall conduct a market analysis by July 1, 2005, and periodically
172     thereafter, of proposed rates and fees, which analysis shall include a comparison of the
173     division's rates and fees with the fees of other public or private sector providers where
174     comparable services and rates are reasonably available.
175          Section 6. Section 63A-4-103 is amended to read:
176          63A-4-103. Risk management -- Duties of covered entities.
177          (1) (a) Unless [specifically] expressly authorized by statute [to do so, a state agency], a
178     covered entity may not:
179          (i) purchase insurance or self-fund any risk unless authorized by the risk manager; or
180          (ii) procure or provide liability insurance for the state.
181          (b) (i) Notwithstanding the provisions of Subsection (1)(a), the Utah Board of Higher
182     Education may authorize higher education institutions to purchase insurance for, or self-fund,

183     risks associated with their programs and activities that are not covered through the risk
184     manager.
185          (ii) The Utah Board of Higher Education shall provide copies of those purchased
186     policies to the risk manager.
187          (iii) The Utah Board of Higher Education shall ensure that the state is named as
188     additional insured on any of those policies.
189          (2) Each [state agency] covered entity shall:
190          (a) comply with reasonable risk related recommendations made by the risk manager;
191          (b) participate in risk management training activities conducted or sponsored by the
192     risk manager;
193          (c) include the insurance, indemnification, and liability provisions prescribed by the
194     risk manager in all state contracts, together with a statement certifying to the other party to the
195     contract that the insurance and liability provisions in the contract are those prescribed by the
196     risk manager;
197          (d) [at each principal design stage,] upon request of the risk manager, provide written
198     notice to the risk manager that construction and major remodeling plans relating to [agency]
199     covered entity buildings and facilities to be covered by the [fund] Risk Management Fund are
200     available for review at each principal design stage, for risk control purposes, and make them
201     available to the risk manager for [his] review and to provide recommendations; and
202          (e) cooperate fully with requests from the risk manager for [agency] covered entity
203     planning, program, or risk related information, and allow the risk manager to attend [agency]
204     covered entity planning and management meetings.
205          (3) Failure to include in the contract the provisions required by Subsection (2)(c) does
206     not make the contract unenforceable by the state.
207          Section 7. Section 63A-4-201 is amended to read:
208          63A-4-201. Risk Management Fund created -- Administration -- Use.
209          (1) (a) There is created the Risk Management Fund, which shall be administered by the
210     risk manager.
211          (b) The fund shall cover property, liability, fidelity, and other risks as determined by
212     the risk manager in consultation with the executive director.
213          (2) The risk manager may only use the [fund] Risk Management Fund to pay:

214          (a) insurance or reinsurance premiums;
215          (b) costs of administering the [fund] Risk Management Fund and any captive insurance
216     companies created by the risk manager;
217          (c) loss adjustment expenses;
218          (d) risk control and related educational and training expenses; and
219          (e) loss costs which at the time of loss were eligible for payment under rules previously
220     issued by the executive director under the authority of Section [63A-4-101] 63A-4-101.5.
221          (3) In addition to any money appropriated to the [fund] Risk Management Fund by the
222     Legislature, the risk manager shall deposit with the state treasurer for credit to the [fund] Risk
223     Management Fund:
224          (a) any insured loss or loss expenses paid by insurance or reinsurance companies;
225          (b) the gross amount of all premiums and surcharges received under Section
226     63A-4-202;
227          (c) the net refunds from cancelled insurance policies necessary to self-insure previously
228     insured risks, with the balance of the proceeds to be refunded to the previously insured
229     [agencies] entities;
230          (d) all refunds, returns, or dividends from insurance carriers not specifically covered in
231     Subsections (3)(a), (b), and (c);
232          (e) savings from amounts otherwise appropriated for participation in the fund; and
233          (f) all net proceeds from sale of salvage and subrogation recoveries from adverse
234     parties related to losses paid out of the fund.
235          [(4) (a) Pending disbursement, the risk manager shall provide surplus money in the
236     fund to the state treasurer for investment as provided in Title 51, Chapter 7, State Money
237     Management Act.]
238          [(b) The state treasurer shall deposit all interest earned on invested fund money into the
239     fund.]
240          (4) The state treasurer shall invest the Risk Management Fund in accordance with
241     Section 63A-4-208 and deposit all interest or other income earned from investments into the
242     Risk Management Fund.
243          Section 8. Section 63A-4-202 is amended to read:
244          63A-4-202. Determination of insurance premiums -- Information furnished by

245     covered entities -- Notice to covered entities.
246          (1) Each [agency] covered entity shall provide the risk manager with all reasonable
247     information necessary to compute insurance premiums whenever [he] the risk manager
248     requests that information [from them].
249          (2) (a) The risk manager shall charge to each [agency] entity that receives insurance
250     coverage from the Risk Management Fund or any captive insurance company created by the
251     risk manager its proportionate share of the cost incurred based upon actuarially sound rating
252     techniques.
253          (b) [That premium] The risk manager shall include in the premium determined under
254     this section all costs of operating the [fund] Risk Management Fund as stated in Section
255     63A-4-201 and operating any captive insurance company created by the risk manager.
256          (3) To enable each [participating agency] covered entity to meet its budgeting
257     requirements, the risk manager shall provide each [participating agency] covered entity with
258     projected insurance costs for the next two fiscal years within the time limits required.
259          Section 9. Section 63A-4-204 is amended to read:
260          63A-4-204. School district participation in Risk Management Fund.
261          (1) (a) For the purpose of this section, action by a public school district shall be taken
262     upon resolution by a majority of the members of the school district's board of education.
263          (b) (i) Upon approval by the state risk manager and the board of education of the
264     school district, a public school district may participate in the Risk Management Fund or any
265     captive insurance company created by the risk manager, and may permit a foundation
266     established under Section 53E-3-403 to participate in the Risk Management Fund or any
267     captive insurance company created by the risk manager.
268          (ii) Upon approval by the state risk manager and the State Board of Education, a state
269     public education foundation may participate in the Risk Management Fund or any captive
270     insurance company created by the risk manager.
271          (c) Subject to any cancellation or other applicable coverage provisions, either the state
272     risk manager or the public school district may terminate participation in the [fund] Risk
273     Management Fund.
274          (2) The state risk manager shall contract for all insurance, reinsurance, legal, loss
275     adjustment, consulting, loss control, safety, and other related services necessary to support the

276     insurance [program] programs provided to a participating public school district, except that all
277     supporting legal services are subject to the prior approval of the state attorney general.
278          [(3) (a) The state risk manager shall treat each participating public school district as a
279     state agency when participating in the Risk Management Fund.]
280          [(b)] (3) Each public school district participating in the [fund] Risk Management Fund
281     shall comply with [the provisions of this part that affect state agencies] Section 63A-4-103.
282          (4) (a) Each year, the risk manager shall prepare, in writing, the information required
283     by Subsection (4)(b) regarding the coverage against legal liability provided a school district
284     employee of this state:
285          (i) by the Risk Management Fund or any captive insurance company created by the risk
286     manager;
287          (ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
288          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
289     Employees Act.
290          (b) (i) The information described in Subsection (4)(a) shall include:
291          (A) the eligibility requirements, if any, to receive the coverage;
292          (B) the basic nature of the coverage for a school district employee, including what is
293     not covered; and
294          (C) whether the coverage is primary or in excess of any other coverage the risk
295     manager knows is commonly available to a school district employee in this state.
296          (ii) The information described in Subsection (4)(a) may include:
297          (A) comparisons the risk manager considers beneficial to a school district employee
298     between:
299          (I) the coverage described in Subsection (4)(a); and
300          (II) other coverage the risk manager knows is commonly available to a school district
301     employee in this state; and
302          (B) any other information the risk manager considers appropriate.
303          (c) By no later than July 1 of each year, the risk manager shall provide the information
304     prepared under this Subsection (4) to each school district that participates in the Risk
305     Management Fund or any captive insurance company created by the risk manager.
306          (d) A school district that participates in the Risk Management Fund shall provide a

307     copy of the information described in Subsection (4)(c) to each school district employee within
308     the school district no later than the first day of each school year.
309          (e) If a school district hires an employee after the first day of the school year, no later
310     than 10 days after the day on which the employee is hired, the school district shall provide the
311     information described in Subsection (4)(c) to the employee.
312          Section 10. Section 63A-4-204.5 is amended to read:
313          63A-4-204.5. Charter school participation in Risk Management Fund.
314          (1) A charter school established under the authority of Title 53G, Chapter 5, Charter
315     Schools, may participate in the Risk Management Fund or any captive insurance company
316     created by the risk manager upon the approval of the state risk manager and the governing body
317     of the charter school.
318          [(2) (a) For purposes of administration, the state risk manager shall treat each charter
319     school participating in the fund as a state agency.]
320          [(b)] (2) Each charter school participating in the [fund] Risk Management Fund shall
321     comply with [the provisions of this part that affect state agencies] Section 63A-4-103.
322          (3) (a) Each year, the risk manager shall prepare, in writing, the information required
323     by Subsection (3)(b) regarding the coverage against legal liability provided a charter school
324     employee of this state:
325          (i) by the Risk Management Fund or any captive insurance company created by the risk
326     manager;
327          (ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
328          (iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
329     Employees Act.
330          (b) (i) The information described in Subsection (3)(a) shall include:
331          (A) the eligibility requirements, if any, to receive the coverage;
332          (B) the basic nature of the coverage for a charter school employee, including what is
333     not covered; and
334          (C) whether the coverage is primary or in excess of any other coverage the risk
335     manager knows is commonly available to a charter school employee in this state.
336          (ii) The information described in Subsection (3)(a) may include:
337          (A) comparisons the risk manager considers beneficial to a charter school employee

338     between:
339          (I) the coverage described in Subsection (3)(a); and
340          (II) other coverage the risk manager knows is commonly available to a charter school
341     employee in this state; and
342          (B) any other information the risk manager considers appropriate.
343          (c) By no later than July 1 of each year, the risk manager shall provide the information
344     prepared under this Subsection (3) to each charter school that participates in the Risk
345     Management Fund or any captive insurance company created by the risk manager.
346          (d) A charter school that participates in the Risk Management Fund or any captive
347     insurance company created by the risk manager shall provide a copy of the information
348     described in Subsection (3)(c) to each charter school employee within the charter school no
349     later than the first day of each school year.
350          (e) If a charter school hires an employee after the first day of the school year, no later
351     than 10 days after the day on which the employee is hired, the charter school shall provide the
352     information described in Subsection (3)(c) to the employee.
353          Section 11. Section 63A-4-205.5 is amended to read:
354          63A-4-205.5. Risk management -- Coverage of the Utah Communications
355     Authority.
356          The Utah Communications Authority established under authority of Title 63H, Chapter
357     7a, Utah Communications Authority Act, may participate in the Risk Management Fund or any
358     captive insurance company created by the risk manager.
359          Section 12. Section 63A-4-208 is enacted to read:
360          63A-4-208. Investment of Risk Management Fund.
361          (1) The state treasurer shall invest the assets of the Risk Management Fund created
362     under Section 63A-4-201 with the primary goal of providing for the stability, income, and
363     growth of the principal.
364          (2) Nothing in this section requires a specific outcome in investing.
365          (3) The state treasurer may deduct any administrative costs incurred in managing fund
366     assets from earnings before distributing the earnings.
367          (4) (a) The state treasurer may employ professional asset managers to assist in the
368     investment of the assets of the funds.

369          (b) The treasurer may only provide compensation to asset managers from earnings
370     generated by the funds' investments.
371          (5) (a) The state treasurer shall invest and manage the assets of the funds as a prudent
372     investor would by:
373          (i) considering the purposes, terms, distribution requirements, and other circumstances
374     of the funds; and
375          (ii) exercising reasonable care, skill, and caution in order to meet the standard of care
376     of a prudent investor.
377          (b) In determining whether the state treasurer has met the standard of care of a prudent
378     investor, the judge or finder of fact shall:
379          (i) consider the state treasurer's actions in light of the facts and circumstances existing
380     at the time of the investment decision or action, and not by hindsight; and
381          (ii) evaluate the state treasurer's investment and management decisions respecting
382     individual assets:
383          (A) not in isolation, but in the context of a fund portfolio as a whole; and
384          (B) as a part of an overall investment strategy that has risk and return objectives
385     reasonably suited to the funds.
386          Section 13. Section 63E-1-304 is amended to read:
387          63E-1-304. Limitations on risk management coverage.
388          (1) Except as specifically modified in its authorizing statute, an independent entity is
389     not eligible to receive coverage under the Risk Management Fund created by Section
390     63A-4-201 or any captive insurance company created by the risk manager.
391          (2) If an independent entity that receives coverage under the Risk Management Fund or
392     any captive insurance company created by the risk manager is involved in a commercial
393     activity, the state risk manager may require that the entity:
394          (a) procure commercial insurance coverage or provide proof of vendor's insurance
395     coverage for the commercial activity; and
396          (b) comply with loss prevention measures specified by the state risk manager.
397          Section 14. Section 63G-7-605 is amended to read:
398          63G-7-605. Adjustments to limitation of judgment amounts.
399          (1) As used in this section:

400          (a) "Adjusted consumer price factor" means what the consumer price index would be
401     without the medical care component and the medical services component.
402          (b) "Aggregate limit" means the limit on the aggregate amount of personal injury
403     damages claims from a single occurrence, as provided in Subsection 63G-7-604(1)(d).
404          (c) "Applicable index" means:
405          (i) the consumer price index, for a calculation of the percentage change in the
406     consumer price index;
407          (ii) the adjusted consumer price factor, for a calculation of the percentage change in the
408     adjusted consumer price factor;
409          (iii) the medical care component, for a calculation of the percentage change in the
410     medical care component; or
411          (iv) the medical services component, for a calculation of the percentage change in the
412     medical services component.
413          (d) "Base applicable index" means an applicable index for the year that is three years
414     before the year in which the legislative fiscal analyst calculates new limits under this section.
415          (e) "Consumer price index" means the annual index reported by the United States
416     Bureau of Labor Statistics for consumer prices for all urban consumers, not seasonally
417     adjusted.
418          (f) "Individual limit" means the limit on the amount of a judgment for damages for
419     personal injury, as provided in Subsection 63G-7-604(1)(a).
420          (g) "Latest aggregate limit" means the aggregate limit, as last adjusted by the risk
421     manager under this section.
422          (h) "Latest individual limit" means the individual limit, as last adjusted by the risk
423     manager under this section.
424          (i) "Latest property damage limit" means the property damage limit, as last adjusted by
425     the risk manager under this section.
426          (j) "Medical care component" means the medical care sub-index of the consumer price
427     index.
428          (k) "Medical services component" means the medical care services sub-index of the
429     consumer price index.
430          (l) "Percentage change" means the amount of change between the base applicable index

431     and the applicable index for the year before the year in which the legislative fiscal analyst
432     calculates new limits under this section, expressed as a percentage of the base applicable index.
433          (m) "Property damage limit" means the limit on the amount of a judgment for property
434     damage, as provided in Subsection 63G-7-604(1)(c).
435          (n) "Risk manager" means the state risk manager appointed under Section [63A-4-101]
436     63A-4-101.5.
437          (2) Each even-numbered year, the legislative fiscal analyst shall, subject to Subsection
438     (3):
439          (a) calculate a new individual limit by adding to the latest individual limit the sum of:
440          (i) 66.5% of the latest individual limit, multiplied by the percentage change in the
441     adjusted consumer price factor;
442          (ii) 16.75% of the latest individual limit, multiplied by the percentage change in the
443     medical care component; and
444          (iii) 16.75% of the latest individual limit, multiplied by the percentage change in the
445     medical services component;
446          (b) calculate a new aggregate limit by adding to the latest aggregate limit the sum of:
447          (i) 66.5% of the latest aggregate limit, multiplied by the percentage change in the
448     adjusted consumer price factor;
449          (ii) 16.75% of the latest aggregate limit, multiplied by the percentage change in the
450     medical care component; and
451          (iii) 16.75% of the latest aggregate limit, multiplied by the percentage change in the
452     medical services component;
453          (c) calculate a new property damage limit by adding to the latest property damage limit
454     the amount of the latest property damage limit multiplied by the percentage change in the
455     consumer price index;
456          (d) round up to the nearest $100 the individual limit, aggregate limit, and property
457     damage limit calculated under Subsections (2)(a), (b), and (c); and
458          (e) no later than May 1, communicate the newly calculated limits under Subsections
459     (2)(a), (b), and (c) to the risk manager.
460          (3) The newly calculated individual limit, aggregate limit, or property damage limit
461     under Subsection (2) may not be less than the amount of the limit before the new calculation

462     under Subsection (2).
463          (4) (a) Each even-numbered year, the risk manager shall make rules, to become
464     effective no later than July 1 of that year, that establish a new individual limit, aggregate limit,
465     and property damage limit, as calculated under Subsection (2).
466          (b) A newly calculated individual limit, aggregate limit, or property damage limit under
467     this section has prospective effect only from the date the rules establishing the new limit take
468     effect.
469          (c) An individual limit, aggregate limit, or property damage limit, as newly calculated
470     under this section, applies only to a claim for injury or loss that occurs after the effective date
471     of the rules that establish the newly calculated limit.
472          Section 15. Section 63G-10-501 is amended to read:
473          63G-10-501. Definitions.
474          As used in this part:
475          (1) "Executive director" means the individual appointed under Section 63A-1-105 as
476     the executive director of the Department of Administrative Services, created in Section
477     63A-1-104.
478          (2) "Risk management fund" means the fund created in Section 63A-4-201.
479          (3) "Risk manager" means the state risk manager appointed under Section [63A-4-101]
480     63A-4-101.5.
481          Section 16. Section 63H-6-103 is amended to read:
482          63H-6-103. Utah State Fair Corporation -- Legal status -- Powers.
483          (1) There is created an independent public nonprofit corporation known as the "Utah
484     State Fair Corporation."
485          (2) The board shall file articles of incorporation for the corporation with the Division
486     of Corporations and Commercial Code.
487          (3) The corporation, subject to this chapter, has all powers and authority permitted
488     nonprofit corporations by law.
489          (4) The corporation shall:
490          (a) manage, supervise, and control:
491          (i) all activities relating to the annual exhibition described in Subsection (4)(j); and
492          (ii) except as otherwise provided by statute, all state expositions, including setting the

493     time, place, and purpose of any state exposition;
494          (b) for public entertainment, displays, and exhibits or similar events:
495          (i) provide, sponsor, or arrange the events;
496          (ii) publicize and promote the events; and
497          (iii) secure funds to cover the cost of the exhibits from:
498          (A) private contributions;
499          (B) public appropriations;
500          (C) admission charges; and
501          (D) other lawful means;
502          (c) acquire and designate exposition sites;
503          (d) use generally accepted accounting principles in accounting for the corporation's
504     assets, liabilities, and operations;
505          (e) seek corporate sponsorships for the state fair park or for individual buildings or
506     facilities within the fair park;
507          (f) work with county and municipal governments, the Salt Lake Convention and
508     Visitor's Bureau, the Utah Travel Council, and other entities to develop and promote
509     expositions and the use of the state fair park;
510          (g) develop and maintain a marketing program to promote expositions and the use of
511     the state fair park;
512          (h) in accordance with provisions of this part, operate and maintain the state fair park,
513     including the physical appearance and structural integrity of the state fair park and the
514     buildings located at the state fair park;
515          (i) prepare an economic development plan for the state fair park;
516          (j) hold an annual exhibition that:
517          (i) is called the state fair or a similar name;
518          (ii) promotes and highlights agriculture throughout the state;
519          (iii) includes expositions of livestock, poultry, agricultural, domestic science,
520     horticultural, floricultural, mineral and industrial products, manufactured articles, and domestic
521     animals that, in the corporation's opinion will best stimulate agricultural, industrial, artistic, and
522     educational pursuits and the sharing of talents among the people of Utah;
523          (iv) includes the award of premiums for the best specimens of the exhibited articles

524     and animals;
525          (v) permits competition by livestock exhibited by citizens of other states and territories
526     of the United States; and
527          (vi) is arranged according to plans approved by the board;
528          (k) fix the conditions of entry to the annual exhibition described in Subsection (4)(j);
529     and
530          (l) publish a list of premiums that will be awarded at the annual exhibition described in
531     Subsection (4)(j) for the best specimens of exhibited articles and animals.
532          (5) In addition to the annual exhibition described in Subsection (4)(j), the corporation
533     may hold other exhibitions of livestock, poultry, agricultural, domestic science, horticultural,
534     floricultural, mineral and industrial products, manufactured articles, and domestic animals that,
535     in the corporation's opinion, will best stimulate agricultural, industrial, artistic, and educational
536     pursuits and the sharing of talents among the people of Utah.
537          (6) The corporation may:
538          (a) employ advisers, consultants, and agents, including financial experts and
539     independent legal counsel, and fix their compensation;
540          (b) (i) participate in the state's Risk Management Fund created under Section
541     63A-4-201 or any captive insurance company created by the risk manager; or
542          (ii) procure insurance against any loss in connection with the corporation's property
543     and other assets, including mortgage loans;
544          (c) receive and accept aid or contributions of money, property, labor, or other things of
545     value from any source, including any grants or appropriations from any department, agency, or
546     instrumentality of the United States or Utah;
547          (d) hold, use, loan, grant, and apply that aid and those contributions to carry out the
548     purposes of the corporation, subject to the conditions, if any, upon which the aid and
549     contributions were made;
550          (e) enter into management agreements with any person or entity for the performance of
551     the corporation's functions or powers;
552          (f) establish whatever accounts and procedures as necessary to budget, receive, and
553     disburse, account for, and audit all funds received, appropriated, or generated;
554          (g) subject to Subsection (8), lease any of the facilities at the state fair park;

555          (h) sponsor events as approved by the board; and
556          (i) enter into one or more agreements to develop the state fair park.
557          (7) (a) Except as provided in Subsection (7)(c), as an independent agency of Utah, the
558     corporation is exempt from:
559          (i) Title 51, Chapter 5, Funds Consolidation Act;
560          (ii) Title 51, Chapter 7, State Money Management Act;
561          (iii) Title 63A, Utah Administrative Services Code;
562          (iv) Title 63J, Chapter 1, Budgetary Procedures Act; and
563          (v) Title 67, Chapter 19, Utah State Personnel Management Act.
564          (b) The board shall adopt policies parallel to and consistent with:
565          (i) Title 51, Chapter 5, Funds Consolidation Act;
566          (ii) Title 51, Chapter 7, State Money Management Act;
567          (iii) Title 63A, Utah Administrative Services Code; and
568          (iv) Title 63J, Chapter 1, Budgetary Procedures Act.
569          (c) The corporation shall comply with:
570          (i) Title 52, Chapter 4, Open and Public Meetings Act;
571          (ii) Title 63G, Chapter 2, Government Records Access and Management Act;
572          (iii) the provisions of Title 63A, Chapter 1, Part 2, Utah Public Finance Website;
573          (iv) Title 63G, Chapter 6a, Utah Procurement Code, except for a procurement for:
574          (A) entertainment provided at the state fair park;
575          (B) judges for competitive exhibits; or
576          (C) sponsorship of an event at the state fair park; and
577          (v) the legislative approval requirements for new facilities established in Section
578     63A-5b-404.
579          (8) (a) Before the corporation executes a lease described in Subsection (6)(g) with a
580     term of 10 or more years, the corporation shall:
581          (i) submit the proposed lease to the State Building Board for the State Building Board's
582     approval or rejection; and
583          (ii) if the State Building Board approves the proposed lease, submit the proposed lease
584     to the Executive Appropriations Committee for the Executive Appropriation Committee's
585     review and recommendation in accordance with Subsection (8)(b).

586          (b) The Executive Appropriations Committee shall review a proposed lease submitted
587     in accordance with Subsection (8)(a) and recommend to the corporation that the corporation:
588          (i) execute the proposed sublease; or
589          (ii) reject the proposed sublease.