Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 49 (2016GS)

Sponsor

Rep. Oda, C.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies certain deadlines related to public school employee participation in the Risk Management Fund.

Every vote on this bill

Bill text

STATE LIABILITY PROTECTION FOR SCHOOL
EMPLOYEES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis Oda
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill modifies provisions relating to public school participation in the Risk
Management Fund.
Highlighted Provisions:
This bill:
▸ modifies certain deadlines related to public school employee participation in the
Risk Management Fund.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63A-4-204
, as last amended by Laws of Utah 2008, Chapter 382
63A-4-204.5
, as last amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63A-4-204
 is amended to read:
63A-4-204.
School district participation in Risk Management Fund.
(1) (a) For the purpose of this section, action by a public school district shall be taken
upon resolution by a majority of the members of the school district's board of education.
(b) (i) Upon approval by the state risk manager and the board of education of the
school district, a public school district may participate in the Risk Management Fund and may
permit a foundation established under Section 
53A-4-205
 to participate in the Risk
Management Fund.
(ii) Upon approval by the state risk manager and the State Board of Education, a state
public education foundation may participate in the Risk Management Fund.
(c) Subject to any cancellation or other applicable coverage provisions, either the state
risk manager or the public school district may terminate participation in the fund.
(2) The state risk manager shall contract for all insurance, legal, loss adjustment,
consulting, loss control, safety, and other related services necessary to support the insurance
program provided to a participating public school district, except that all supporting legal
services are subject to the prior approval of the state attorney general.
(3) (a) The state risk manager shall treat each participating public school district as a
state agency when participating in the Risk Management Fund.
(b) Each public school district participating in the fund shall comply with the
provisions of this part that affect state agencies.
(4) (a) [
By no later than March 31 of each
] 
Each
 year, the risk manager shall prepare,
in writing, the information required by Subsection (4)(b) regarding the coverage against legal
liability provided a school district employee of this state:
(i) by the Risk Management Fund;
(ii) under Title 63G, Chapter 7, Governmental Immunity Act of Utah; and
(iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
Employees Act.
(b) (i) The information described in Subsection (4)(a) shall include:
(A) the eligibility requirements, if any, to receive the coverage;
(B) the basic nature of the coverage for a school district employee, including what is
not covered; and
(C) whether the coverage is primary or in excess of any other coverage the risk
manager knows is commonly available to a school district employee in this state.
(ii) The information described in Subsection (4)(a) may include:
(A) comparisons the risk manager considers beneficial to a school district employee
between:
(I) the coverage described in Subsection (4)(a); and
(II) other coverage the risk manager knows is commonly available to a school district
employee in this state; and
(B) any other information the risk manager considers appropriate.
(c) [
The
] 
By no later than July 1 of each year, the
 risk manager shall provide the
information prepared under this Subsection (4) to each school district that participates in the
Risk Management Fund.
(d) A school district that participates in the Risk Management Fund shall provide a
copy of the information described in Subsection (4)(c) to each school district employee within
the school district[
:
] 
no later than the first day of each school year.
[
(i) at the time an employee enters into an employment contract and signs a separate
acknowledgment of legal liability protection in accordance with Section 
53A-3-411
; or
]
[
(ii) if the school district does not provide the information to the employee pursuant to
Subsection (4)(d)(i):
]
[
(A) within 30 days of the day the school district employee is hired by the school
district; and
]
[
(B) by no later than April 15 of each calendar year.
]
(e) If a school district hires an employee after the first day of the school year, no later
than 10 days after the day on which the employee is hired, the school district shall provide the
information described in Subsection (4)(c) to the employee.
Section 2. Section 
63A-4-204.5
 is amended to read:
63A-4-204.5.
Charter school participation in Risk Management Fund.
(1) A charter school established under the authority of Title 53A, Chapter 1a, Part 5,
The Utah Charter Schools Act, may participate in the Risk Management Fund upon the
approval of the state risk manager and the governing body of the charter school.
(2) (a) For purposes of administration, the state risk manager shall treat each charter
school participating in the fund as a state agency.
(b) Each charter school participating in the fund shall comply with the provisions of
this part that affect state agencies.
(3) (a) [
By no later than March 31 of each
] 
Each
 year, the risk manager shall prepare,
in writing, the information required by Subsection (3)(b) regarding the coverage against legal
liability provided a charter school employee of this state:
(i) by the Risk Management Fund;
(ii) under Title 63G, Chapter 7, Utah Governmental Immunity Act of Utah; and
(iii) under Title 52, Chapter 6, Reimbursement of Legal Fees and Costs to Officers and
Employees Act.
(b) (i) The information described in Subsection (3)(a) shall include:
(A) the eligibility requirements, if any, to receive the coverage;
(B) the basic nature of the coverage for a charter school employee, including what is
not covered; and
(C) whether the coverage is primary or in excess of any other coverage the risk
manager knows is commonly available to a charter school employee in this state.
(ii) The information described in Subsection (3)(a) may include:
(A) comparisons the risk manager considers beneficial to a charter school employee
between:
(I) the coverage described in Subsection (3)(a); and
(II) other coverage the risk manager knows is commonly available to a charter school
employee in this state; and
(B) any other information the risk manager considers appropriate.
(c) [
The
] 
By no later than July 1 of each year, the
 risk manager shall provide the
information prepared under this Subsection (3) to each charter school that participates in the
Risk Management Fund.
(d) A charter school that participates in the Risk Management Fund shall provide a
copy of the information described in Subsection (3)(c) to each charter school employee within
the charter school[
:
] 
no later than the first day of each school year.
[
(i) within 30 days of the day the charter school employee is hired by the charter
school; and
]
[
(ii) by no later than April 15 of each calendar year.
]
(e) If a charter school hires an employee after the first day of the school year, no later
than 10 days after the day on which the employee is hired, the charter school shall provide the
information described in Subsection (3)(c) to the employee.