Enrolled Legislation SB0234
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S.B. 234
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OCCUPATIONAL AND ENVIRONMENTAL
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HEALTH AMENDMENTS
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2007 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Ed Mayne
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House Sponsor: Roger E. Barrus
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LONG TITLE
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General Description:
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This bill modifies provisions related to the University of Utah.
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Highlighted Provisions:
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This bill:
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< defines terms;
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< codifies the creation of the Rocky Mountain Center for Occupational and
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Environmental Health at the University of Utah;
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< requires the creation of an advisory board;
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< requires reporting by the advisory board;
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< addresses the appointment of the director of the Rocky Mountain Center for
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Occupational and Environmental Health;
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< addresses offsets related to that center; and
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< makes technical and conforming amendments.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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34A-2-202.5, as enacted by Chapter 289, Laws of Utah 2005
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59-9-102.5, as enacted by Chapter 289, Laws of Utah 2005
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ENACTS:
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53B-17-801, Utah Code Annotated 1953
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53B-17-802, Utah Code Annotated 1953
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53B-17-803, Utah Code Annotated 1953
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53B-17-804, Utah Code Annotated 1953
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53B-17-805, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34A-2-202.5 is amended to read:
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34A-2-202.5. Offset for occupational health and safety related donations.
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(1) As used in this section:
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(a) "Occupational health and safety center" means [an entity:] the Rocky Mountain
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Center for Occupational and Environmental Health created in Title 53B, Chapter 17, Part 8,
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Rocky Mountain Center for Occupational and Environmental Health.
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[(i) affiliated with an institution within the state system of higher education as defined
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in Section 53B-1-102; and]
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[(ii) designated as an education and research center by the National Institute for
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Occupational Safety and Health.]
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(b) "Qualified donation" means a donation that is:
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(i) cash;
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(ii) given directly to an occupational health and safety center; and
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(iii) given exclusively for the purpose of:
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(A) supporting graduate level education and training in fields of:
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(I) safety and ergonomics;
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(II) industrial hygiene;
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(III) occupational health nursing; and
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(IV) occupational medicine;
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(B) providing continuing education programs for employers designed to promote
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workplace safety; and
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(C) paying reasonable administrative, personnel, equipment, and overhead costs of the
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occupational health and safety center.
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(c) "Self-insured employer" is a self-insured employer as defined in Section
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34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
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(2) (a) A self-insured employer may offset against the assessment imposed under
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Section 34A-2-202 an amount equal to the lesser of:
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(i) the total of qualified donations made by the self-insured employer in the calendar
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year for which the assessment is calculated; and
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(ii) .10% of the self-insured employer's total calculated premium calculated under
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Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
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(b) The offset provided under this Subsection (2) shall be allocated to the restricted
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account and funds described in Subsection 59-9-101(2)(c) in proportion to the rates provided in
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Subsection 59-9-101(2)(c).
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(3) An occupational health and safety center shall:
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(a) provide a self-insured employer a receipt for any qualified donation made by the
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self-insured employer to the occupational health and safety center;
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(b) expend monies received by a qualified donation:
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(i) for the purposes described in Subsection (1)(b)(iii); and
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(ii) in a manner that can be audited to ensure that the monies are expended for the
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purposes described in Subsection (1)(b)(iii); and
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(c) in conjunction with the report required by Section 59-9-102.5, report to the
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Legislature through the Office of the Legislative Fiscal Analyst by no later than July 1 of each
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year:
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(i) the qualified donations received by the occupational health and safety center in the
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previous calendar year; and
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(ii) the expenditures during the previous calendar year of qualified donations received
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by the occupational health and safety center.
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Section 2. Section 53B-17-801 is enacted to read:
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Part 8. Rocky Mountain Center for Occupational and Environmental Health
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53B-17-801. Title -- Definitions.
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(1) This part is known as "Rocky Mountain Center for Occupational and
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Environmental Health."
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(2) As used in this part:
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(a) "Affected populations" include:
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(i) employees;
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(ii) employers;
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(iii) insurers;
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(iv) professionals or professional organizations related to occupational and
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environmental health;
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(v) government agencies; and
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(vi) outside academic institutions.
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(b) "Board" means the Rocky Mountain Center for Occupational and Environmental
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Health Advisory Board created in Section 53B-17-803.
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(c) "Center" means the Rocky Mountain Center for Occupational and Environmental
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Health.
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(d) "Director" means the director of the center.
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(e) "University" means the University of Utah.
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Section 3. Section 53B-17-802 is enacted to read:
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53B-17-802. Rocky Mountain Center for Occupational and Environmental Health
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at the university.
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(1) There is established at the University of Utah the Rocky Mountain Center for
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Occupational and Environmental Health, to be an occupational health and safety center for
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education and research.
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(2) The university shall operate the center in a manner so that the center is:
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(a) eligible to be designated as an education and research center by the National
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Institute for Occupational Safety and Health in the United States Department of Health and
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Human Services; and
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(b) a resource for affected populations to:
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(i) improve workplace health and safety; and
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(ii) contribute to economic growth and development in Utah and the surrounding
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region.
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Section 4. Section 53B-17-803 is enacted to read:
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53B-17-803. Advisory board created.
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(1) The university shall create an advisory board known as the "Rocky Mountain
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Center for Occupational and Environmental Health Advisory Board" to:
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(a) promote occupational health and safety in Utah and the surrounding region;
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(b) promote the interests and mission of the center by advising the director on issues
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including:
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(i) operation of the center as a multidisciplinary, state-of-the-art program at the
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university;
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(ii) developing and maintaining state and institutional support;
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(iii) emerging local or regional, occupational health and safety education and research
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needs;
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(iv) continuing education and outreach to local and regional occupational health and
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safety professionals;
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(v) coordinating with other local or regional entities that promote occupational health
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and safety in a manner that meets the needs of both employers and employees; and
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(vi) grant requirements and renewal;
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(c) advise the director on the expenditure by the center of public funds including:
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(i) funds appropriated by the Legislature;
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(ii) donations; and
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(iii) federal or other grants; and
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(d) develop recommendations for the long-term operation of the center consistent with
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Section 53B-17-802.
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(2) (a) The board shall consist of no fewer than 15 and no more than 18 persons who
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represent the affected populations.
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(b) The university shall establish reasonable bylaws for the operation of the board
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including:
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(i) the selection of board members;
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(ii) quorum requirements; and
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(iii) voting requirements.
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(3) The board shall elect a board chair and vice chair from among the board members
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by a vote of the members.
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(4) (a) The board shall have an executive committee consisting of:
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(i) the board chair;
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(ii) the board vice chair; and
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(iii) three other board members, selected by the board chair in consultation with the
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director.
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(b) The executive committee shall meet at least quarterly to advise the center and to
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plan for board meetings.
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(5) The board chair, in consultation with the director, shall call board meetings at least
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two times each calendar year.
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(6) The board and the executive committee are subject to Title 52, Chapter 4, Open and
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Public Meetings Act.
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(7) (a) A board member may not receive compensation or per diem for the member's
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services, but may receive expenses incurred in the performance of the member's official duties
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at the rates established by the Division of Finance under Section 63A-3-107.
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(b) A board member may decline to receive expenses for the member's service.
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Section 5. Section 53B-17-804 is enacted to read:
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53B-17-804. Reporting.
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(1) The board, through the director and the board chair, shall provide by no later than
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July 1 of each year, a written report to:
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(a) the president of the university; and
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(b) the Business and Labor Interim Committee.
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(2) The report required by this section shall:
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(a) summarize the center's activities and accomplishments in the immediate proceeding
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calendar year; and
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(b) provide information and the board's advice and recommendations on how the state,
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university, and the center can:
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(i) improve workplace health and safety; and
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(ii) contribute to economic growth and development in Utah and the surrounding
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region.
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Section 6. Section 53B-17-805 is enacted to read:
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53B-17-805. Appointment and removal of director.
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(1) Subject to the advice and consent of the senior vice president for health sciences
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and after consultation with the individuals listed in Subsection (2), one of the following
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specified by the senior vice president for health sciences shall appoint and may remove the
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director:
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(a) the chair of the department within the university where the center resides; or
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(b) a designee of the senior vice president for health sciences.
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(2) The appointment or removal of the director under Subsection (1) may be made only
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after consultation with:
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(a) the senior vice president for academic affairs or the dean of the graduate school;
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(b) the dean of the school of medicine or the dean's designee;
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(c) the dean of the college of engineering or the dean's designee; and
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(d) the board through the board chair.
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Section 7. Section 59-9-102.5 is amended to read:
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59-9-102.5. Offset for occupational health and safety related donations.
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(1) As used in this section:
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(a) "Occupational health and safety center" means [an entity:] the Rocky Mountain
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Center for Occupational and Environmental Health created in Title 53B, Chapter 17, Part 8,
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Rocky Mountain Center for Occupational and Environmental Health.
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[(i) affiliated with an institution within the state system of higher education as defined
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in Section 53B-1-102; and]
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[(ii) designated as an education and research center by the National Institute for
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Occupational Safety and Health.]
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(b) "Qualified donation" means a donation that is:
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(i) cash;
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(ii) given directly to an occupational health and safety center; and
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(iii) given exclusively for the purpose of:
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(A) supporting graduate level education and training in fields of:
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(I) safety and ergonomics;
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(II) industrial hygiene;
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(III) occupational health nursing; and
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(IV) occupational medicine;
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(B) providing continuing education programs for employers designed to promote
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workplace safety; and
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(C) paying reasonable administrative, personnel, equipment, and overhead costs of the
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occupational health and safety center.
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(c) "Workers' compensation insurer" means an admitted insurer writing workers'
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compensation insurance in this state that is required to pay the premium assessment imposed
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under Subsection 59-9-101(2).
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(2) (a) A workers' compensation insurer may offset against the premium assessment
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imposed under Subsection 59-9-101(2) an amount equal to the lesser of:
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(i) the total of qualified donations made by the workers' compensation insurer in the
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calendar year for which the premium assessment is calculated; and
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(ii) .10% of the workers' compensation insurer's total workers' compensation premium
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income as defined in Subsection 59-9-101(2)(b) in the calendar year for which the premium
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assessment is calculated.
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(b) The offset provided under this Subsection (2) shall be allocated to the restricted
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account and funds described in Subsection 59-9-101(2)(c) in proportion to the rates provided in
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Subsection 59-9-101(2)(c).
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(3) An occupational health and safety center shall:
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(a) provide a workers' compensation insurer a receipt for any qualified donation made
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by the workers' compensation insurer to the occupational health and safety center;
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(b) expend monies received by a qualified donation:
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(i) for the purposes described in Subsection (1)(b)(iii); and
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(ii) in a manner that can be audited to ensure that the monies are expended for the
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purposes described in Subsection (1)(b)(iii); and
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(c) in conjunction with the report required by Section 34A-2-202.5, report to the
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Legislature through the Office of the Legislative Fiscal Analyst by no later than July 1 of each
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year:
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(i) the qualified donations received by the occupational health and safety center in the
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previous calendar year; and
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(ii) the expenditures during the previous calendar year of qualified donations received
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by the occupational health and safety center.
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