reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 303 - Notice to debtor -- Contents -- Joint filers.

Effective 5/14/2019
63A-3-303.
Notice to debtor -- Contents -- Joint filers.
(1) When the state or any governmental entity executes, or intends to execute, on a lien created by Section 63A-3-307, the state or entity to which the receivable is owed shall send a notice by mail to the debtor at the debtor's last-known address.
(2) The notice required by Subsection (1) shall contain:
(a) the date and amount of the receivable;
(b) a demand for immediate payment of the amount;
(c) a statement of the right of the debtor to file a written response to the notice, to request a hearing within 21 days of the date of the notice, to be represented at the hearing, and to appeal any decision of the hearing examiner;
(d) the time within which a written response must be received from the debtor;
(e) a statement notifying the debtor that the state may obtain an order and execute upon income tax overpayments or refunds of the debtor if:
(i) the debtor fails to timely respond to the notice; or
(ii) a hearing is held and the hearing officer decides against the debtor; and
(f) the address to which the debtor may send a written request for a hearing.
(3) Notwithstanding Subsection (1), if the Office of State Debt Collection has agreed to collect a receivable, the Office of State Debt Collection may send the notice required by Subsection (1) instead of the entity to which the receivable is owed.
(4) Unless otherwise prohibited by law, the notice required by this section shall also be sent to any individuals that are joint filers with a debtor of an affected tax filing, if the state agency or other governmental entity attempting to levy a debtor's tax overpayment or refund is aware of the joint filer.
Amended by Chapter 84, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 304 - Effect of nonpayment or failure to respond.

Effective 5/14/2019
63A-3-304.
Effect of nonpayment or failure to respond.
If a written request for a hearing, or payment of delinquent receivable, is not received by the state or other governmental entity within 21 days from the date of the notice required by Section 63A-3-303, the debtor is in default and the state or other governmental entity may:
(1) levy the debtor's income tax overpayment or refund up to the amount of the receivable, plus interest, penalties, and collection costs allowed by law; and
(2) collect the balance, including as provided in Section 63A-3-307.
Amended by Chapter 84, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 305 - Hearing requested -- Notice to debtor.

Effective 5/14/2019
63A-3-305.
Hearing requested -- Notice to debtor.
(1) If a written response is received by the state or other governmental entity within 21 days from the date of the notice required by Section 63A-3-303 and a hearing is requested in the written response, the state or other governmental entity shall:
(a) set a hearing date within 28 days of the receipt of the response; and
(b) mail written notice of the hearing to the debtor at least 14 days before the date of the hearing.
(2) Notwithstanding Subsection (1), the state or other governmental entity is not required to set a hearing if the state or governmental entity releases its lien.
Amended by Chapter 84, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 306 - Hearing examiner -- Procedures -- Adjudicative proceedings.

Effective 5/14/2019
63A-3-306.
Hearing examiner -- Procedures -- Adjudicative proceedings.
(1)
(a) A hearing requested under this part shall be held before a hearing examiner designated by the state or other governmental entity setting the hearing.
(b) The hearing examiner may not be an officer or employee of the entity in state government responsible for collecting or administering the account.
(2) The state or other governmental entity shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3) If a hearing examiner determines a receivable is owed, in whole or in part:
(a) the state or other governmental entity may levy the debtor's income tax overpayment or refund up to the amount of the receivable determined to be owed, plus interest, penalties, and collection costs allowed by law and collect the balance, including as provided in Section 63A-3-307; and
(b) the state or other governmental entity may charge the debtor reasonable, actual collection costs for amounts charged by the hearing examiner for the debtor's hearing.
Amended by Chapter 84, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 307 - Liens.

Effective 5/12/2020
63A-3-307.
Liens.
(1) The following shall constitute a lien in the amount of the receivable plus interest, penalties, and collection costs allowed by law against any state income tax overpayment or refund due or to become due the debtor:
(a) a judgment, citation, tax, or administrative order issued by any agency, court, or other authority of the state, or by any political subdivision; or
(b) an amount, that has at any point been unpaid for 90 days or more, due the state or other governmental entity for which materials or services have been provided but for which payment has not been received by the servicing unit.
(2) The lien created by this section shall, for the purposes of Section 59-10-529 only, be considered a judgment.
Amended by Chapter 297, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 308 - Judicial review -- Effect on lien.

Effective 5/14/2019
63A-3-308.
Judicial review -- Effect on lien.
(1) Agency and judicial review of decisions from hearings conducted under this part are subject to review in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) The state or other governmental entity may retain in its possession a debtor's tax overpayment or refund while a decision from a hearing conducted under this part is being reviewed by an agency, court, or other authority of the state pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 84, 2019 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 3 - Accounts Receivable Collection › Section 310 - Rules for implementing part.

Effective 5/4/2022
63A-3-310.
Rules for implementing part.
The division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the implementation of this part, including rules for the conduct of hearings, injured spouse claims, and appointment of hearing examiners.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 4 - Infrastructure Revolving Loan Funds › Section 402 - Infrastructure funds established -- Purpose of funds -- Use of money in funds.

Effective 3/14/2023
63A-3-402.
Infrastructure funds established -- Purpose of funds -- Use of money in funds.
(1) There are created, as enterprise revolving loan funds:
(a) the inland port infrastructure revolving loan fund;
(b) the point of the mountain infrastructure revolving loan fund; and
(c) the military development infrastructure revolving loan fund.
(2) The purpose of each infrastructure fund is to provide funding, through infrastructure loans, for infrastructure projects undertaken by a borrower.
(3)
(a) Money in an infrastructure fund may be used only to provide loans for infrastructure projects.
(b) The division may not loan money in an infrastructure fund without the approval of:
(i) the respective loan approval body; and
(ii) the Executive Appropriations Committee of the Legislature, for a loan from the inland port fund or the point of the mountain fund.
Amended by Chapter 259, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 4 - Infrastructure Revolving Loan Funds › Section 403 - Money in infrastructure funds.

Effective 5/4/2022
63A-3-403.
Money in infrastructure funds.
(1) Money in each of the infrastructure funds shall be kept separate and accounted for separately from money in the other infrastructure funds.
(2) Each infrastructure fund includes money:
(a) appropriated to that fund by the Legislature;
(b) transferred to the fund from the State Infrastructure Bank Fund created in Section 72-2-202, if applicable;
(c) from federal, state, or other public grants or contributions;
(d) that an independent political subdivision transfers to the fund from other money available to the independent political subdivision;
(e) contributed or granted to the infrastructure fund from a private source; and
(f) collected from repayments of loans of infrastructure fund money.
(3) In addition to money identified in Subsection (2), the military development fund includes money repaid under the terms of a loan agreement, as described in Section 63A-3-404, executed on or after October 1, 2021, from a loan under Subsection 63B-27-101(3)(a)(i).
(4)
(a) Each infrastructure fund shall earn interest.
(b) All interest earned on infrastructure fund money shall be deposited into the respective infrastructure fund and included in the money of the infrastructure fund available to be loaned.
(5) The state treasurer shall invest infrastructure fund money as provided in Title 51, Chapter 7, State Money Management Act.
Amended by Chapter 463, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 501 - Definitions.

Effective 7/1/2021
63A-3-501.
Definitions.
As used in this part:
(1)
(a) "Accounts receivable" or "receivables" means any amount due to a state agency from an entity for which payment has not been received by the state agency that is servicing the debt.
(b) "Accounts receivable" includes:
(i) unpaid fees, licenses, taxes, loans, overpayments, fines, forfeitures, surcharges, costs, contracts, interest, penalties, third-party claims, sale of goods, sale of services, claims, and damages;
(ii) a civil accounts receivable; and
(iii) a civil judgment of restitution.
(c) "Accounts receivable" does not include a criminal accounts receivable.
(2) "Administrative offset" means:
(a) a reduction of an individual's tax refund or other payments due to the individual to reduce or eliminate accounts receivable that the individual owes to a state agency; and
(b) a reduction of an entity's tax refund or other payments due to the entity to reduce or eliminate accounts receivable that the entity owes to a state agency.
(3) "Civil accounts receivable" means the same as that term is defined in Section 77-32b-102.
(4) "Civil judgment of restitution" means the same as that term is defined in Section 77-32b-102.
(5) "Criminal accounts receivable" means the same as that term is defined in Section 77-32b-102.
(6) "Entity" means an individual, a corporation, partnership, or other organization that pays taxes to, or does business, with the state.
(7) "Office" means the Office of State Debt Collection created in Section 63A-3-502.
(8) "Past due" means any accounts receivable that the state has not received by the payment due date.
(9) "Political subdivision" means the same as that term is defined in Section 63G-7-102.
(10) "Restitution" means the same as that term is defined in Section 77-38b-102.
(11)
(a) "State agency" includes:
(i) an executive branch agency;
(ii) the legislative branch of state government; and
(iii) the judicial branches of state government, including justice courts.
(b) "State agency" does not include:
(i) any institution of higher education;
(ii) except in Subsection 63A-3-502(7)(g), the State Tax Commission; or
(iii) the administrator of the Uninsured Employers' Fund appointed by the Labor Commissioner under Section 34A-2-704, solely for the purposes of collecting money required to be deposited into the Uninsured Employers' Fund under:
(A) Section 34A-1-405;
(B)Title 34A, Chapter 2, Workers' Compensation Act; or
(C)Title 34A, Chapter 3, Utah Occupational Disease Act.
(12) "Writing-off" means the removal of an accounts receivable from an agency's accounts receivable records but does not necessarily eliminate further collection efforts.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 502.5 - Debtor's online access to debt amount.

Effective 5/4/2022
63A-3-502.5.
Debtor's online access to debt amount.
(1) As used in this section, "debt" means:
(a) an accounts receivable; or
(b) a criminal accounts receivable.
(2) On or before December 31, 2022, the office shall provide a debtor who has a debt transferred to the office online access to the debtor's account that identifies:
(a) the total balance the debtor owes for a debt;
(b)
(i) each person to whom the debtor owes a debt; or
(ii) if the person's name is redacted by a court or a state agency with authority to redact, another identifier for the debt in place of the person's name;
(c) for each person the debtor owes:
(i) the debtor's original balance for a debt; and
(ii) the debtor's current balance for a debt;
(d) the current interest rate for a debt; and
(e) the history of:
(i) any additional charge added to a debt including:
(A) the reason for the charge;
(B) the total amount of the charge; and
(C) the date the charge was added; and
(ii) any payment made by the debtor including:
(A) the debt to which a payment was applied; and
(B) whether the payment was applied to an administrative cost, accrued interest, the principal, or other fee.
Enacted by Chapter 323, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 503 - Legal services.

63A-3-503.
Legal services.
The Office of the Attorney General shall:
(1) provide to the office all legal services and advice related to the collection of accounts receivable:
(a) owed to the state; or
(b) for which the office has collection responsibilities; and
(2) establish policies governing:
(a) legal matters involving accounts receivable; and
(b) litigation of past-due accounts receivable.
Amended by Chapter 74, 2013 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 504 - Rulemaking authority -- Collection techniques.

Effective 7/1/2021
63A-3-504.
Rulemaking authority -- Collection techniques.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules:
(1) providing details, as necessary, for the distribution of debts collected in accordance with the priorities under Subsection 63A-3-505(3);
(2) to govern collection techniques, which may include the use of:
(a) credit reporting bureaus;
(b) collection agencies;
(c) garnishments;
(d) liens;
(e) judgments; and
(f) administrative offsets; and
(3) establishing that any portion of a payment for a civil judgment of restitution be credited to principal first and, if the principal amount owed for the civil judgment of restitution has been satisfied, the remainder of the payment be credited to interest that has accrued on the principal.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 505 - State Debt Collection Fund.

Effective 7/1/2021
63A-3-505.
State Debt Collection Fund.
(1) There is created an expendable special revenue fund entitled the "State Debt Collection Fund."
(2) The fund consists of:
(a) all amounts appropriated to the fund under this chapter;
(b) fees and interest established by the office under Subsection 63A-3-502(4)(g); and
(c) except as otherwise provided by law, all postjudgment interest collected by the office or the state, except postjudgment interest on a civil judgment of restitution.
(3) Money in this fund shall be used to pay for:
(a) the costs of the office in the performance of the office's duties under this chapter;
(b) a civil judgment of restitution for which debt is owed;
(c) interest accrued that is associated with the debt;
(d) principal on the debt to the state agencies or other entities that placed the receivable for collection; and
(e) other legal obligations including those ordered by a court.
(4)
(a) The fund may collect interest.
(b) All interest earned from the fund shall be deposited in the General Fund.
(5) The office shall ensure that money remaining in the fund at the end of the fiscal year that is not committed under the priorities established under Subsection (3) is deposited into the General Fund.
Amended by Chapter 260, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 3 - Division of Finance › Part 5 - Office of State Debt Collection › Section 506 - Allocation of funds.

63A-3-506.
Allocation of funds.
(1) Except as provided in Subsection (2), the money collected by the office less the office's fees shall be allocated on a prorated basis to the various revenue types that generated the accounts receivable.
(2) Notwithstanding the requirements of Subsection (1):
(a) federal cost allocation requirements for specific accounts receivable related to programs that are supported by federal funds take precedence over other cost allocation methods provided in this section; and
(b) the office shall use interest and fees collected on past due accounts receivable as provided in Section 63A-3-505.
Renumbered and Amended by Chapter 79, 2011 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 1 - Risk Manager › Section 101.1 - Definitions.

Effective 5/5/2021
63A-4-101.1.
Definitions.
As used in this chapter:
(1) "Captive insurance company" means the same as that term is defined in Section 31A-37-102.
(2) "Covered entity" means a participating entity of:
(a) the Risk Management Fund; or
(b) any captive insurance company created by the risk manager.
Enacted by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 1 - Risk Manager › Section 102 - Risk manager -- Powers.

Effective 5/4/2022
63A-4-102.
Risk manager -- Powers.
(1) The risk manager may:
(a) enter into contracts;
(b) form one or more captive insurance companies authorized under Title 31A, Chapter 37, Captive Insurance Companies Act;
(c) purchase insurance or reinsurance;
(d) adjust, settle, and pay claims;
(e) pay expenses and costs;
(f) study the risks of all covered entities and properties;
(g) issue certificates of coverage or insurance for covered entities with respect to any risks covered by the Risk Management Fund or any captive insurance company created by the risk manager;
(h) make recommendations about risk management and risk reduction strategies to covered entities;
(i) in consultation with the attorney general, prescribe insurance, indemnification, and liability provisions to be included in all state contracts;
(j) review covered entity building construction, major remodeling plans, program plans, and make recommendations to the covered entity about needed changes to address risk considerations;
(k) attend covered entity planning and management meetings when necessary;
(l) review any proposed legislation and communicate with legislators and legislative committees about the liability or risk management issues connected with any legislation; and
(m) solicit any needed information about covered entity plans, programs, or risks necessary to perform the risk manager's responsibilities under this part.
(2)
(a) The risk manager may expend money from the Risk Management Fund to procure and provide coverage to all covered entities and their indemnified employees, except those entities or employees specifically exempted by statute.
(b) The risk manager shall apportion the costs of that coverage according to the requirements of this part.
(3) Before charging a rate, fee, or other amount to an executive branch agency, or to a subscriber of services other than an executive branch agency, the director shall:
(a) submit the proposed rates, fees, or other amount and cost analysis to the Rate Committee established in Section 63A-1-114; and
(b) obtain the approval of the Legislature as required by Section 63J-1-410.
(4) The director shall conduct a market analysis by July 1, 2005, and periodically thereafter, of proposed rates and premiums, which analysis shall include a comparison of the division's rates and premiums with the rates and premiums of other public or private sector providers where comparable services and rates are reasonably available.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 1 - Risk Manager › Section 103 - Risk management -- Duties of covered entities.

Effective 5/5/2021
63A-4-103.
Risk management -- Duties of covered entities.
(1)
(a) Unless expressly authorized by statute, a covered entity may not:
(i) purchase insurance or self-fund any risk unless authorized by the risk manager; or
(ii) procure or provide liability insurance for the state.
(b)
(i) Notwithstanding the provisions of Subsection (1)(a), the Utah Board of Higher Education may authorize higher education institutions to purchase insurance for, or self-fund, risks associated with their programs and activities that are not covered through the risk manager.
(ii) The Utah Board of Higher Education shall provide copies of those purchased policies to the risk manager.
(iii) The Utah Board of Higher Education shall ensure that the state is named as additional insured on any of those policies.
(2) Each covered entity shall:
(a) comply with reasonable risk related recommendations made by the risk manager;
(b) participate in risk management training activities conducted or sponsored by the risk manager;
(c) include the insurance, indemnification, and liability provisions prescribed by the risk manager in all state contracts, together with a statement certifying to the other party to the contract that the insurance and liability provisions in the contract are those prescribed by the risk manager;
(d) upon request of the risk manager, provide written notice to the risk manager that construction and major remodeling plans relating to covered entity buildings and facilities to be covered by the Risk Management Fund are available for review at each principal design stage, for risk control purposes, and make them available to the risk manager for review and to provide recommendations; and
(e) cooperate fully with requests from the risk manager for covered entity planning, program, or risk related information, and allow the risk manager to attend covered entity planning and management meetings.
(3) Failure to include in the contract the provisions required by Subsection (2)(c) does not make the contract unenforceable by the state.
Amended by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 1 - Risk Manager › Section 104 - Course-of-construction insurance for facilities constructed by This is the Place Foundation.

Effective 7/1/2021
63A-4-104.
Course-of-construction insurance for facilities constructed by This is the Place Foundation.
The risk manager may provide course-of-construction insurance for facilities constructed by This is the Place Foundation at This is the Place State Park and bill the Division of State Parks for the cost of the insurance.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 201 - Risk Management Fund created -- Administration -- Use.

Effective 5/4/2022
63A-4-201.
Risk Management Fund created -- Administration -- Use.
(1)
(a) There is created the Risk Management Fund, which shall be administered by the risk manager.
(b) The fund shall cover property, liability, fidelity, and other risks as determined by the risk manager in consultation with the executive director.
(2) The risk manager may only use the Risk Management Fund to pay:
(a) insurance or reinsurance premiums;
(b) costs of administering the Risk Management Fund and any captive insurance companies created by the risk manager;
(c) loss adjustment expenses;
(d) risk control and related educational and training expenses; and
(e) loss costs which at the time of loss were eligible for payment under rules made by the risk manager in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) In addition to any money appropriated to the Risk Management Fund by the Legislature, the risk manager shall deposit with the state treasurer for credit to the Risk Management Fund:
(a) any insured loss or loss expenses paid by insurance or reinsurance companies;
(b) the gross amount of all premiums and surcharges received under Section 63A-4-202;
(c) the net refunds from cancelled insurance policies necessary to self-insure previously insured risks, with the balance of the proceeds to be refunded to the previously insured entities;
(d) all refunds, returns, or dividends from insurance carriers not specifically covered in Subsections (3)(a), (b), and (c);
(e) savings from amounts otherwise appropriated for participation in the fund; and
(f) all net proceeds from sale of salvage and subrogation recoveries from adverse parties related to losses paid out of the fund.
(4) The state treasurer shall invest the Risk Management Fund in accordance with Section 63A-4-208 and deposit all interest or other income earned from investments into the Risk Management Fund.
Amended by Chapter 169, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 202 - Determination of insurance premiums -- Information furnished by covered entities -- Notice to covered entities.

Effective 5/5/2021
63A-4-202.
Determination of insurance premiums -- Information furnished by covered entities -- Notice to covered entities.
(1) Each covered entity shall provide the risk manager with all reasonable information necessary to compute insurance premiums whenever the risk manager requests that information.
(2)
(a) The risk manager shall charge to each entity that receives insurance coverage from the Risk Management Fund or any captive insurance company created by the risk manager its proportionate share of the cost incurred based upon actuarially sound rating techniques.
(b) The risk manager shall include in the premium determined under this section all costs of operating the Risk Management Fund as stated in Section 63A-4-201 and operating any captive insurance company created by the risk manager.
(3) To enable each covered entity to meet its budgeting requirements, the risk manager shall provide each covered entity with projected insurance costs for the next two fiscal years within the time limits required.
Amended by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 203 - Refusal of agency to pay charges -- Notice to the Division of Finance for collection.

63A-4-203.
Refusal of agency to pay charges -- Notice to the Division of Finance for collection.
(1) If any agency of the state refuses to remit any payment as charged by the risk manager within 30 days after the date due, the risk manager may certify to the director of the Division of Finance the fact of the refusal and the amount of the delinquent payment, together with a request that the amount be transferred from funds of the delinquent agency to the Risk Management Fund.
(2) The risk manager shall mail a copy of the certification and request to the delinquent agency.
(3) The risk manager shall resolve claims against the fund in an expeditious manner.
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 204.5 - Charter school participation in Risk Management Fund.

Effective 5/5/2021
63A-4-204.5.
Charter school participation in Risk Management Fund.
(1) A charter school established under the authority of Title 53G, Chapter 5, Charter Schools, may participate in the Risk Management Fund or any captive insurance company created by the risk manager upon the approval of the state risk manager and the governing body of the charter school.
(2) Each charter school participating in the Risk Management Fund shall comply with Section 63A-4-103.
(3)
(a) 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 or any captive insurance company created by the risk manager;
(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 (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) 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 or any captive insurance company created by the risk manager.
(d) A charter school that participates in the Risk Management Fund or any captive insurance company created by the risk manager 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.
(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.
Amended by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 205.5 - Risk management -- Coverage of the Utah Communications Authority.

Effective 5/5/2021
63A-4-205.5.
Risk management -- Coverage of the Utah Communications Authority.
The Utah Communications Authority established under authority of Title 63H, Chapter 7a, Utah Communications Authority Act, may participate in the Risk Management Fund or any captive insurance company created by the risk manager.
Amended by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 206 - Limits on use of risk management data as evidence.

63A-4-206.
Limits on use of risk management data as evidence.
Notwithstanding any other provisions of law, any reports, recommendations, surveys, schedules, lists, or data compiled, or action taken or not taken by or at the request of the risk manager to identify, evaluate, or plan the safety enhancement or risk reduction of any potential accident sites or other hazards related to any entity covered by the Risk Management Fund may not be admitted into evidence in any court, or used for any other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in those reports, recommendations, surveys, schedules, lists, or data.
Renumbered and Amended by Chapter 212, 1993 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 207 - Records of risk management.

63A-4-207.
Records of risk management.
(1) A record provided to the Division of Risk Management by any governmental entity or political subdivision covered by the Risk Management Fund for the purpose of risk control or claims activities of the division shall be considered a record of the originating governmental entity or political subdivision for purposes of Title 63G, Chapter 2, Government Records Access and Management Act, if the originating governmental entity or political subdivision retains a copy of the record.
(2) Notwithstanding Subsection 63G-2-201(5), records may be exchanged between the Division of Risk Management and any governmental entity or political subdivision covered by the Risk Management Fund without meeting the requirements of Section 63G-2-206, provided that they are used only for purposes of risk control or claims activities.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 4 - Risk Management › Part 2 - Risk Management Fund › Section 208 - Investment of Risk Management Fund.

Effective 5/5/2021
63A-4-208.
Investment of Risk Management Fund.
(1) The state treasurer shall invest the assets of the Risk Management Fund created under Section 63A-4-201 with the primary goal of providing for the stability, income, and growth of the principal.
(2) Nothing in this section requires a specific outcome in investing.
(3) The state treasurer may deduct any administrative costs incurred in managing fund assets from earnings before distributing the earnings.
(4)
(a) The state treasurer may employ professional asset managers to assist in the investment of the assets of the funds.
(b) The treasurer may only provide compensation to asset managers from earnings generated by the funds' investments.
(5)
(a) The state treasurer shall invest and manage the assets of the funds as a prudent investor would by:
(i) considering the purposes, terms, distribution requirements, and other circumstances of the funds; and
(ii) exercising reasonable care, skill, and caution in order to meet the standard of care of a prudent investor.
(b) In determining whether the state treasurer has met the standard of care of a prudent investor, the judge or finder of fact shall:
(i) consider the state treasurer's actions in light of the facts and circumstances existing at the time of the investment decision or action, and not by hindsight; and
(ii) evaluate the state treasurer's investment and management decisions respecting individual assets:
(A) not in isolation, but in the context of a fund portfolio as a whole; and
(B) as a part of an overall investment strategy that has risk and return objectives reasonably suited to the funds.
Enacted by Chapter 33, 2021 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
63A-5b-102.
Definitions.
As used in this chapter:
(1) "Capitol hill facilities" means the same as that term is defined in Section 63C-9-102.
(2) "Capitol hill grounds" means the same as that term is defined in Section 63C-9-102.
(3) "Compliance agency" means the same as that term is defined in Section 15A-1-202.
(4) "Director" means the division director, appointed under Section 63A-5b-302.
(5) "Division" means the Division of Facilities Construction and Management created in Section 63A-5b-301.
(6) "Institution of higher education" means an institution listed in Subsection 53B-2-101(1).
(7) "Trust lands administration" means the School and Institutional Trust Lands Administration established in Section 53C-1-201.
(8) "Utah Board of Higher Education" means the Utah Board of Higher Education established in Section 53B-1-402.
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 3 - Division of Facilities Construction and Management › Section 301 - Creation -- Administration.

Effective 5/12/2020
63A-5b-301.
Creation -- Administration.
There is created within the department the Division of Facilities Construction and Management, to be administered by a director.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 3 - Division of Facilities Construction and Management › Section 302 - Director of division -- Appointment.

Effective 5/12/2020
63A-5b-302.
Director of division -- Appointment.
The executive director shall appoint the director of the division with the approval of the governor.
Renumbered and Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 3 - Division of Facilities Construction and Management › Section 304 - Agencies authorized to hold title.

Effective 5/3/2023
63A-5b-304.
Agencies authorized to hold title -- Transfer of real property to a government entity.
(1) As used in this section:
(a) "Agency property" means real property, as described in Subsection (2), that:
(i) is owned by a title agency; and
(ii) the title agency no longer uses or needs.
(b) "Government entity" means:
(i) a local government entity, as defined in Section 63A-5b-901; or
(ii) a state agency, as defined in Section 63A-5b-901.
(c) "Title agency" means an agency listed in Subsection (2).
(2) Notwithstanding Section 63A-5b-303, an agency may hold title to real property that the agency occupies for a purpose other than the agency's administrative offices, if the agency is:
(a) the Department of Transportation;
(b) the Department of Natural Resources;
(c) the Department of Workforce Services;
(d) the Division of Forestry, Fire, and State Lands;
(e) the Utah National Guard;
(f) an area vocational center or other institution administered by the State Board of Education;
(g) the trust lands administration; or
(h) an institution of higher education.
(3) A title agency is not required to obtain an appraisal of agency property the title agency intends to transfer to a government entity if:
(a) the director of the title agency determines that the transfer is in the best interest of the title agency and the state; and
(b) the government entity to which ownership of the agency property is transferred will use the property for a public purpose.
(4) Subsection (3) does not apply if the title agency is required by law to receive fair market value in exchange for a transfer of agency property to a government entity.
Amended by Chapter 200, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 3 - Division of Facilities Construction and Management › Section 305 - Duties and authority of director.

Effective 5/3/2023
63A-5b-305.
Duties and authority of director.
(1) The director shall:
(a) administer the division's duties and responsibilities;
(b) report all property acquired by the state, except property acquired by an institution of higher education or the trust lands administration, to the director of the Division of Finance for inclusion in the state's financial records;
(c) after receiving the notice required under Subsection 10-2-419(3)(b), file a written protest at or before the public hearing under Subsection 10-2-419(2)(b), if:
(i) it is in the best interest of the state to protest the boundary adjustment; or
(ii) the Legislature instructs the director to protest the boundary adjustment; and
(d) take all other action that the director is required to take under this chapter or other applicable statute.
(2) The director may:
(a) create forms and make policies necessary for the division or director to perform the division or director's duties;
(b)
(i) hire or otherwise procure assistance and service, professional, skilled, or otherwise, necessary to carry out the director's duties under this chapter; and
(ii) expend funds provided for the purpose described in Subsection (2)(b)(i) through annual operation budget appropriations or from other nonlapsing project funds;
(c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary for the division or director to perform the division or director's duties; and
(d) take all other action necessary for carrying out the purposes of this chapter.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 4 - Development of Capital Facilities › Section 401 - Definitions.

Effective 5/12/2020
63A-5b-401.
Definitions.
As used in this part:
(1)
(a) "Capital development project" means:
(i) a remodeling or site or utility improvement project with a total cost of $3,500,000 or more;
(ii) a new facility with a construction cost of $500,000 or more; or
(iii) a purchase of real property if an appropriation is requested and made for the purchase.
(b) "Capital development project" does not include a capital improvement project.
(2) "Capital improvement project" means:
(a) a remodeling, alteration, replacement, repair, or site or utility improvement project:
(i) with a total cost of less than $3,500,000; or
(ii)
(A) with a total cost of $3,500,000 or more; and
(B) that will be paid for with funds that are not state funds;
(b) a utility infrastructure improvement project that:
(i) has a total cost of less than $7,000,000;
(ii) consists of two or more projects that, if done separately, would each cost less than $3,500,000; and
(iii) the division determines is more cost effective or feasible to be completed as a single project; or
(c) a new facility with a total construction cost of less than $500,000.
(3)
(a) "New facility" means a new building constructed on state property regardless of the source of the funding that pays for construction of the new building.
(b) "New facility" includes:
(i) an addition to an existing building; and
(ii) the enclosure of space that was not previously fully enclosed.
(c) "New facility" does not include:
(i) the replacement of state-owned space that is demolished or that is otherwise removed from state use, if the total construction cost of the replacement space is less than $3,500,000; or
(ii) the construction of facilities that do not fully enclose a space.
(4) "Replacement cost" means, as determined by the Division of Risk Management:
(a) for state facilities, excluding auxiliary facilities as defined by the director, the cost to replace those facilities; and
(b) for infrastructure, as defined by the director, the cost to replace the infrastructure.
(5) "State funds" means public money appropriated by the Legislature.
Enacted by Chapter 152, 2020 General Session
2023 Utah Code › Title 63A - Utah Government Operations Code › Chapter 5b - Administration of State Facilities › Part 4 - Development of Capital Facilities › Section 402 - Capital development process -- Approval requirements.

Effective 5/4/2022
63A-5b-402.
Capital development process -- Approval requirements.
(1) Except as provided in Section 63A-5b-404, the division shall, on behalf of all agencies, submit capital development project recommendations and priorities to the Legislature for approval and prioritization.
(2) An agency that requests an appropriation for a capital development project shall submit to the division for transmission to the Legislature a capital development project request and a feasibility study relating to the capital development project.
(3)
(a) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that establish standards and requirements for a capital development project request and feasibility study.
(b) The rules shall include:
(i) a deadline by which an agency is required to submit a capital development project request;
(ii) conditions under which an agency may modify the agency's capital development project request after the agency submits the request, and requirements applicable to a modification; and
(iii) requirements for the contents of a feasibility study, including:
(A) the need for the capital development project;
(B) the appropriateness of the scope of the capital development project;
(C) any private funding for the capital development project; and
(D) the economic and community impacts of the capital development project.
(4) The division shall verify the completion and accuracy of a feasibility study that an agency submits under Subsection (2) prior to submitting capital development project recommendations and priorities under Subsection (1).
Amended by Chapter 421, 2022 General Session