34A-2-202.5. Offset for occupational health and safety related donations.
(1)
As used in this section:
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(a)
“Occupational health and safety center” means the Rocky Mountain Center for Occupational and Environmental Health created in 2.
(b)
“Qualified donation” means a donation that is:
(i)
cash;
(ii)
given directly to an occupational health and safety center; and
(iii)
given exclusively for the purpose of:
(A)
supporting graduate level education and training in fields of:
(I)
safety and ergonomics;
(II)
industrial hygiene;
(III)
occupational health nursing;
(IV)
occupational injury prevention; and
(V)
occupational medicine;
(B)
providing continuing education programs for employers designed to promote workplace safety; and
(C)
paying reasonable administrative, personnel, equipment, and overhead costs of the occupational health and safety center.
(c)
“Self-insured employer” is a self-insured employer as defined in Section 34A-2-201.5 that is required to pay the assessment imposed under Section 34A-2-202.
(2)
(a)
A self-insured employer may offset against the assessment imposed under Section 34A-2-202 an amount equal to the lesser of:
(i)
the total of qualified donations made by the self-insured employer in the calendar year for which the assessment is calculated; and
(ii)
.20% of the self-insured employer’s total calculated premium calculated under Subsection 34A-2-202(1)(d) for the calendar year for which the assessment is calculated.
(b)
The offset provided under this Subsection (2) shall be allocated in proportion to the percentages provided in Subsection 59-9-101(2)(c).
(3)
An occupational health and safety center shall:
(a)
provide a self-insured employer a receipt for any qualified donation made by the self-insured employer to the occupational health and safety center;
(b)
expend money received by a qualified donation:
(i)
for the purposes described in Subsection (1)(b)(iii); and
(ii)
in a manner that can be audited to ensure that the money is expended for the purposes described in Subsection (1)(b)(iii); and
(c)
in conjunction with the report required by Section 59-9-102.5, report to the Office of the Legislative Fiscal Analyst for review by the Higher Education Appropriations Subcommittee by no later than August 15 of each year:
(i)
the qualified donations received by the occupational health and safety center in the previous calendar year; and
(ii)
the expenditures during the previous calendar year of qualified donations received by the occupational health and safety center.
