HB 334 — Educator Organization Amendments

Section 36-36-1033 is enacted to read:

36-36-10336-36-103. .

(i) current mechanisms for educators to communicate concerns, ideas, and feedback -to: 3 - 1st Sub.

(Buff) H.B.

334 03-06 23:07 to:

- 4 - HB0334 compared with HB0334S01 (iii) teacher leadership and advancement opportunities outside of administrative positions;

(iv) opportunities to promote innovation and experimentation in instructional -methods; 4 - 03-06 23:07 1st Sub.

(Buff) H.B.

334 methods;

(f){(f) consult{in with:coordination with the Division of Risk Management, examine professional liability insurance coverage for teachers, including:} } {(i) {current models of professional liability insurance coverage available to teachers, including coverage provided through membership in professional organizations;} } {(ii) {alternative models for providing professional liability insurance coverage to teachers, including:} } {(A) {state-sponsored coverage programs;} } {(B) {group purchasing arrangements;} } {(C) {coverage through LEAs;

and} } {(D) {private market options;} } {(iii) {the costs, benefits, and feasibility of each alternative model described in Subsection (1)(g)(ii);

and} } {(iv) {potential risks and liabilities that teachers face in the course of employment;} } (g){(f)} consult with:

(iv) representatives of educator professional development organizations;organizations;and {(v) {insurance industry professionals;

andand} (v)} - 5 - HB0334 compared with HB0334S01 (vi){(v)} other stakeholders the commission cochairs determine are relevant to the commission's work;

(g)(h){(g)} identify potential state resources, programs, or agencies that could provide or coordinate services to support educators;

(h)(i){(h)} identify statutory or regulatory changes needed to implement the commission's recommendations;

and (i)(j){(i)} before November 1, 2027, submit a written report to the Education Interim Committee that includes:

-(3) 5(a) -A 1stmajority Sub.of the members of the commission constitutes a quorum.

(Buff) H.B.

334 03-06 23:07 (3)(a) A majority of the members of the commission constitutes a quorum.

(4)(a)(4) (a) A member of the commission who is a legislator shall receive compensation and expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.

- 6 - HB0334 compared with HB0334S01 (c) A member of the commission who is not a legislator and who is not an employee of the state may receive:

{Section 4.

Section 63A-4-101.5 is amended to read:

} 63A-4-101.5.

Risk manager -- Appointment -- Duties.

(1) As used in this section, "K-12 personnel" means a public employee of a local education agency, as that term is defined in Section 53E-1-102.

[(1)] (2) (a) There is created within the department the Division of Risk Management.

(b) The executive director shall, with the approval of the governor, appoint a risk manager as the division director, who shall be qualified by education and experience in the management of general property and casualty insurance.

[(2)] (3) The risk manager shall:

(a) except as provided in Subsection [(4)] (5), acquire and administer the following purchased by the state or any captive insurance company created by the risk manager:

(i) all property and casualty insurance;

(ii) (A) professional liability insurance for K-12 personnel;

and (B) other professional liability insurance for public employees not covered under Subsection (3)(a)(ii) (A) if the risk manager determines there is sufficient demand;

[(ii)] (iii) reinsurance of property [and] insurance, casualty insurance, and professional liability insurance;

and [(iii)] (iv) subject to Section 34A-2-203, workers' compensation insurance;

(b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

(i) prescribing reasonable and objective underwriting and risk control standards for:

(A) all covered entities of the Risk Management Fund;

[and] (B) management of the professional liability insurance described in Subsection (3)(a)(ii);

and - 7 - HB0334 compared with HB0334S01 [(B)] (C) any captive insurance company created by the risk manager;

(ii) prescribing the risks to be covered by the Risk Management Fund and the extent to which these risks will be covered;

(iii) prescribing the properties, risks, deductibles, and amount limits eligible for payment out of the Risk Management Fund;

(iv) prescribing procedures for making claims and proof of loss;

and (v) establishing procedures for the resolution of disputes relating to coverage or claims, which may include binding arbitration;

(c) implement a risk management and loss prevention program for covered entities for the purpose of reducing risks, accidents, and losses to assist covered entities in fulfilling their responsibilities for risk control and safety;

(d) coordinate and cooperate with any covered entity having responsibility to manage and protect state properties, including:

(i) the state fire marshal;

(ii) the director of the Division of Facilities Construction and Management;

(iii) the Department of Public Safety;

(iv) institutions of higher education;

(v) school districts;

and (vi) charter schools;

(e) maintain records necessary to fulfill the requirements of this section;

(f) manage the Risk Management Fund and any captive insurance company created by the risk manager in accordance with economically and actuarially sound principles to produce adequate reserves for the payment of contingencies, including unpaid and unreported claims, and may purchase any insurance or reinsurance considered necessary to accomplish this objective;

and (g) inform the covered entity's governing body and the governor when any covered entity fails or refuses to comply with reasonable risk control recommendations made by the risk manager.

[(3)] (4) Before the effective date of any rule, the risk manager shall provide a copy of the rule to each covered entity affected by it.

[(4)] (5) The risk manager may not use a captive insurance company created by the risk manager to purchase:

(a) workers' compensation insurance;

- 8 - HB0334 compared with HB0334S01 (b) health insurance;

or (c) life insurance.

63I-1-23663I-1-236. .

Effective date.

2-9-26 12:46 PM - 69 -