reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 6 - Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments › Section 604 - Limitation of judgments against governmental entity or employee -- Process for adjustment of limits.

Effective 5/14/2019
63G-7-604.
Limitation of judgments against governmental entity or employee -- Process for adjustment of limits.
(1)
(a) Except as provided in Subsection (2) and subject to Subsection (3), if a judgment for damages for personal injury against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $583,900 for one person in any one occurrence, the court shall reduce the judgment to that amount.
(b) A court may not award judgment of more than the amount in effect under Subsection (1)(a) for injury or death to one person regardless of whether or not the function giving rise to the injury is characterized as governmental.
(c) Except as provided in Subsection (2) and subject to Subsection (3), if a judgment for property damage against a governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds $233,600 in any one occurrence, the court shall reduce the judgment to that amount, regardless of whether or not the function giving rise to the damage is characterized as governmental.
(d) Subject to Subsection (3), there is a $3,000,000 limit to the aggregate amount of individual awards that may be awarded in relation to a single occurrence.
(2) The damage limits established in this section do not apply to damages awarded as compensation when a governmental entity has taken or damaged private property for public use without just compensation.
(3) The limitations of judgments established in Subsection (1) shall be adjusted according to the methodology set forth in Section 63G-7-605.
Amended by Chapter 229, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 7 - Payment Process and Sources for Paying Proved Claims Against Governmental Entities › Section 701 - Payment of claim or judgment against state -- Presentment for payment.

Effective 7/1/2020
63G-7-701.
Payment of claim or judgment against state -- Presentment for payment.
(1) Each claim that is approved by the state or any final judgment obtained against the state shall be presented for payment to:
(a) the state risk manager; or
(b) the office, agency, institution, or other instrumentality involved, if payment by that instrumentality is otherwise permitted by law.
(2) If payment of the claim is not authorized by law, the judgment or claim shall be presented to the board of examiners for action as provided in Section 63G-9-301.
(3) If a judgment against the state is reduced by the operation of Section 63G-7-604, the claimant may submit the excess claim to the board of examiners.
Amended by Chapter 4, 2020 Special Session 5
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 7 - Payment Process and Sources for Paying Proved Claims Against Governmental Entities › Section 702 - Payment of claim or judgment against political subdivision -- Procedure by governing body -- Payment options.

Effective 5/10/2016
63G-7-702.
Payment of claim or judgment against political subdivision -- Procedure by governing body -- Payment options.
(1)
(a) Each claim approved by a political subdivision or any final judgment obtained against a political subdivision shall be submitted to the governing body of the political subdivision.
(b) The governing body shall pay the claim immediately from the general funds of the political subdivision unless:
(i) the funds are appropriated to some other use or restricted by law or contract for other purposes;
(ii) the political subdivision opts to pay the claim or award in installments under Subsection (2); or
(iii) the political subdivision elects to bond for the portion of the claim, judgment, or settlement that exceeds $3,000,000 in accordance with Subsection 11-14-103(1)(d).
(2) Except as provided in Subsection (3), if the subdivision is unable to pay the claim or award during the current fiscal year, it may pay the claim or award in not more than 10 ensuing annual installments of equal size or in whatever other installments that are agreeable to the claimant.
(3) If a political subdivision elects to bond for the portion of a claim, judgment, or settlement that exceeds $3,000,000 in accordance with Subsection 11-14-103(1)(d), the political subdivision may issue bonds with a maturity date not to exceed 21 years.
Amended by Chapter 386, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 7 - Payment Process and Sources for Paying Proved Claims Against Governmental Entities › Section 703 - Reserve funds for payment of claims or purchase of insurance created by political subdivisions.

63G-7-703.
Reserve funds for payment of claims or purchase of insurance created by political subdivisions.
Any political subdivision may create and maintain a reserve fund or, may jointly with one or more other political subdivisions, make contributions to a joint reserve fund, for the purpose of:
(1) making payment of claims against the cooperating subdivisions when they become payable under this chapter; or
(2) for the purpose of purchasing liability insurance to protect the cooperating subdivisions from any or all risks created by this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 7 - Payment Process and Sources for Paying Proved Claims Against Governmental Entities › Section 704 - Tax levy by political subdivisions for payment of claims, judgments, or insurance premiums.

Effective 3/28/2017
63G-7-704.
Tax levy by political subdivisions for payment of claims, judgments, or insurance premiums.
(1) Notwithstanding any provision of law to the contrary, a political subdivision may levy an annual property tax sufficient to pay:
(a) any claim, settlement, or judgment, including interest payments and issuance costs for bonds issued under Subsection 11-14-103(1)(d) to pay the portion of any claim, settlement, or judgment that exceeds $3,000,000;
(b) the costs to defend against any claim, settlement, or judgment; or
(c) for the establishment and maintenance of a reserve fund for the payment of claims, settlements, or judgments that may be reasonably anticipated.
(2)
(a) The payments authorized to pay for punitive damages or to pay the premium for authorized insurance is money spent for a public purpose within the meaning of this section and Utah Constitution, Article XIII, Sec. 5, even though, as a result of the levy, the maximum levy as otherwise restricted by law is exceeded.
(b)
(i) Except as provided in Subsection (2)(b)(ii), a levy under this section may not exceed .0001 per dollar of taxable value of taxable property.
(ii) A levy under Subsection (1)(a) to pay the portion of any claim, settlement, or judgment that exceeds $3,000,000 may not exceed .001 per dollar of taxable value of taxable property.
(c) Except as provided in Subsection 17-36-29(1), the revenues derived from this levy may not be used for any purpose other than those specified in this section.
(3) Beginning January 1, 2012, a local school board may not levy a tax in accordance with this section.
(4) A political subdivision that levies an annual property tax under Subsection (1)(a) to pay the portion of any claim, settlement, or judgment that exceeds $3,000,000:
(a) shall comply with the notice and public hearing requirements under Section 59-2-919; and
(b) may levy the annual property tax until the bonds' maturity dates expire.
Amended by Chapter 453, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 8 - Self-Insurance and Purchase of Liability Insurance by Governmental Entities › Section 801 - Insurance -- Self-insurance or purchase of liability insurance by governmental entity authorized -- Establishment of trust accounts for self-insurance.

63G-7-801.
Insurance -- Self-insurance or purchase of liability insurance by governmental entity authorized -- Establishment of trust accounts for self-insurance.
(1) Any governmental entity within the state may self-insure, purchase commercial insurance, or self-insure and purchase excess commercial insurance in excess of the statutory limits of this chapter against:
(a) any risk created or recognized by this chapter; or
(b) any action for which a governmental entity or its employee may be held liable.
(2)
(a) In addition to any other reasonable means of self-insurance, a governmental entity may self-insure with respect to specified classes of claims by establishing a trust account.
(b) In creating the trust account, the governmental entity shall ensure that:
(i) the trust account is managed by an independent private trustee; and
(ii) the independent private trustee has authority, with respect to claims covered by the trust, to:
(A) expend both principal and earnings of the trust account solely to pay the costs of investigation, discovery, and other pretrial and litigation expenses including attorneys' fees; and
(B) pay all sums for which the governmental entity may be adjudged liable or for which a compromise settlement may be agreed upon.
(c) Notwithstanding any law to the contrary, the trust agreement between the governmental entity and the trustee may authorize the trustee to:
(i) employ counsel to defend actions against the entity and its employees;
(ii) protect and safeguard the assets of the trust;
(iii) provide for claims investigation and adjustment services;
(iv) employ expert witnesses and consultants; and
(v) provide other services and functions that are necessary and proper to carry out the purposes of the trust.
(d) The money and interest earned on the trust fund may be invested by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act, and are subject to audit by the state auditor.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 8 - Self-Insurance and Purchase of Liability Insurance by Governmental Entities › Section 802 - Insurance -- Liability insurance -- Government vehicles operated by employees outside scope of employment.

63G-7-802.
Insurance -- Liability insurance -- Government vehicles operated by employees outside scope of employment.
(1) A governmental entity that owns vehicles driven by an employee of the governmental entity with the express or implied consent of the entity, but which, at the time liability is incurred as a result of an automobile accident, is not being driven and used within the course and scope of the driver's employment is, subject to Subsection (2), considered to provide the driver with the insurance coverage required by Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act.
(2) The liability coverages considered provided are the minimum limits under Section 31A-22-304.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 8 - Self-Insurance and Purchase of Liability Insurance by Governmental Entities › Section 803 - Liability insurance -- Construction of policy not in compliance with act.

63G-7-803.
Liability insurance -- Construction of policy not in compliance with act.
(1) If any insurance policy, rider, or endorsement issued after June 30, 2004 that was purchased to insure against any risk that may arise as a result of the application of this chapter contains any condition or provision not in compliance with the requirements of this chapter, that policy, rider, or endorsement is not invalid, but shall be construed and applied according to the conditions and provisions that would have applied had the policy, rider, or endorsement been in full compliance with this chapter, provided that the policy is otherwise valid.
(2) If any insurance policy, rider, or endorsement issued after June 30, 1966 and before July 1, 2004 that was purchased to insure against any risk that may arise as a result of the application of this chapter contains any condition or provision not in compliance with the requirements of the chapter, that policy, rider, or endorsement is not invalid, but shall be construed and applied according to the conditions and provisions that would have applied had the policy, rider, or endorsement been in full compliance with this chapter, provided that the policy is otherwise valid.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 8 - Self-Insurance and Purchase of Liability Insurance by Governmental Entities › Section 804 - Liability insurance -- Methods for purchase or renewal.

63G-7-804.
Liability insurance -- Methods for purchase or renewal.
(1) Except as provided in Subsection (2), a contract or policy of insurance may be purchased or renewed under this chapter only upon public bid to be let to the lowest and best bidder.
(2) The purchase or renewal of insurance by the state shall be conducted in accordance with the provisions of Title 63G, Chapter 6a, Utah Procurement Code.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 8 - Self-Insurance and Purchase of Liability Insurance by Governmental Entities › Section 805 - Liability insurance -- Insurance for employees authorized -- No right to indemnification or contribution from governmental agency.

63G-7-805.
Liability insurance -- Insurance for employees authorized -- No right to indemnification or contribution from governmental agency.
(1)
(a) A governmental entity may insure any or all of its employees against liability, in whole or in part, for injury or damage resulting from an act or omission occurring during the performance of an employee's duties, within the scope of employment, or under color of authority, regardless of whether or not that entity is immune from suit for that act or omission.
(b) Any expenditure for that insurance is for a public purpose.
(c) Under any contract or policy of insurance providing coverage on behalf of a governmental entity or employee for any liability defined by this section, regardless of the source of funding for the coverage, the insurer has no right to indemnification or contribution from the governmental entity or its employee for any loss or liability covered by the contract or policy.
(2) Any surety covering a governmental entity or its employee under any faithful performance surety bond has no right to indemnification or contribution from the governmental entity or its employee for any loss covered by that bond based on any act or omission for which the governmental entity would be obligated to defend or indemnify under the provisions of Section 63G-7-902.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 9 - Coverage and Representation of State Entities and Employees › Section 903 - Recovery of judgment paid and defense costs by government employee.

63G-7-903.
Recovery of judgment paid and defense costs by government employee.
(1) Subject to Subsection (2), if an employee pays a judgment entered against him, or any portion of it, that the governmental entity is required to pay under Section 63G-7-902, the employee may recover from the governmental entity the amount of the payment and the reasonable costs incurred in the employee's defense.
(2)
(a) If a governmental entity does not conduct the defense of an employee against a claim, or conducts the defense under a reservation of rights as provided in Subsection 63G-7-902(6), the employee may recover from the governmental entity under Subsection (1) if the employee can prove that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied.
(b) The employee has the burden of proof that none of the conditions set forth in Subsection 63G-7-202(3)(c) applied.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 9 - Coverage and Representation of State Entities and Employees › Section 904 - Indemnification of governmental entity by employee not required.

63G-7-904.
Indemnification of governmental entity by employee not required.
If a governmental entity pays all or part of a judgment, compromise, or settlement based on a claim against the governmental entity or an employee, the employee is not required to indemnify the governmental entity for the payment.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 8 - Immunity for Persons Performing Voluntary Services Act › Part 1 - General Provisions › Section 102 - Definitions.

63G-8-102.
Definitions.
As used in this act:
(1) "Compensation" means payment for services in any form whatsoever, whether per diem or otherwise, except where the payment is solely for the purpose of paying subsistence, travel, or other expenses incurred by the person performing those services.
(2) "Public entity" means the state or any political subdivision of it, or any office, department, division, board, agency, commission, council, authority, institution, hospital, school, college, university, or other instrumentality of the state or any political subdivision.
(3) "Volunteer facilitator" is as defined in Section 67-20-2.
Amended by Chapter 249, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 8 - Immunity for Persons Performing Voluntary Services Act › Part 2 - Immunity for Voluntary Services › Section 201 - Voluntary services -- Immunity from liability -- Exceptions.

Effective 8/18/2020
63G-8-201.
Voluntary services -- Immunity from liability -- Exceptions.
(1) A person performing services on a voluntary basis, without compensation, under the general supervision of, and on behalf of any public entity, is immune from liability with respect to any decisions or actions, other than in connection with the operation of a motor vehicle, taken during the course of those services, unless it is established that such decisions or actions were grossly negligent, not made in good faith, or were made maliciously.
(2) A volunteer facilitator is immune from liability to the extent provided in Subsection 67-20-3(4).
(3) A person or entity owning a building or other facility and an operator of or an employee in a building or facility is immune from liability with respect to any decisions or actions related to emergency or public health conditions, as described in Subsection 63G-7-201(2)(b)(iii), while acting under the general supervision of or on behalf of any public entity.
Amended by Chapter 10, 2020 Special Session 5
2023 Utah Code › Title 63G - General Government › Chapter 8 - Immunity for Persons Performing Voluntary Services Act › Part 2 - Immunity for Voluntary Services › Section 202 - Action under Governmental Immunity Act of Utah permitted.

63G-8-202.
Action under Governmental Immunity Act of Utah permitted.
Nothing in this chapter shall preclude legal action against a public entity for any injury occurring as a result of the decisions or actions taken by a person performing services on a voluntary basis for that entity, where such action would otherwise be permitted under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 8 - Immunity for Persons Performing Voluntary Services Act › Part 3 - Application › Section 301 - Applicability of act.

63G-8-301.
Applicability of act.
This act shall apply to any actions or decisions taken subsequent to the effective date of this act.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 2 - Board of Examiners › Section 201 - Members -- Functions.

Effective 2/27/2023
63G-9-201.
Members -- Functions.
(1) As used in this chapter:
(a) "Political subdivision" means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation.
(b) "State" means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, college, university, Children's Justice Center, or other instrumentality of the state.
(2) The governor, the state auditor, and the attorney general shall constitute a Board of Examiners, with power to examine all claims against the state or a political subdivision, for the payment of which funds appropriated by the Legislature or derived from any other source are not available.
(3) No claim against the state or a political subdivision, for the payment of which specifically designated funds are required to be appropriated by the Legislature shall be passed upon by the Legislature without having been considered and acted upon by the Board of Examiners.
(4) The governor shall be the president, and the state auditor shall be the secretary of the board, and in the absence of either an officer pro tempore may be elected from among the members of the board.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 2 - Board of Examiners › Section 202 - Procedures -- Adjudicative proceedings.

63G-9-202.
Procedures -- Adjudicative proceedings.
The Board of Examiners shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 2 - Board of Examiners › Section 204 - Record of proceedings.

63G-9-204.
Record of proceedings.
The board must keep a record of all its proceedings, and any member may cause the member's dissent to the action of a majority upon any matter to be entered upon such record. An abstract of all claims must be entered upon the minutes of the board before the same are acted upon.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 2 - Board of Examiners › Section 205 - Rules and regulations.

63G-9-205.
Rules and regulations.
The board may, in writing, establish rules and regulations not inconsistent with law for its government.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 2 - Board of Examiners › Section 206 - Witnesses -- Subpoena -- Examination -- Fees.

63G-9-206.
Witnesses -- Subpoena -- Examination -- Fees.
The president of the board may issue subpoenas and compel the attendance of witnesses and the production of books and papers before the board or any member thereof; and any member of the board may administer oaths and may examine witnesses. Whenever a witness is subpoenaed before the board to testify against any claim pending before it, the board may allow a reasonable fee to such witness for attendance, which fee must not exceed the fees allowed by law to witnesses in civil cases, and must be paid out of the appropriation for the contingent expenses of the board; provided, that in no instance shall a fee be allowed to a witness who has appeared in behalf of a claimant.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 301 - Audit and approval of claims -- Overexpenditure by agencies.

63G-9-301.
Audit and approval of claims -- Overexpenditure by agencies.
(1)
(a) The Board of Examiners shall audit any claim presented to it, if the settlement of the claim is required by law.
(b) If the claim is approved, the board shall transmit it to the Legislature with a statement of the reasons for the approval.
(2) When an agency's line item appropriation has been overexpended and a written report is submitted to the board as required by Section 63J-1-217, the board shall review the report and either:
(a) recommend and submit to the Legislature any supplemental appropriations or corrective legislation that may be needed; or
(b) recommend other internal procedures or policies that will make an overexpenditure in the future unlikely.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 302 - Form for presentment of claim against the state or political subdivision.

63G-9-302.
Form for presentment of claim against the state or political subdivision.
Any person having a claim against the state or a political subdivision, for which funds have not been provided for the payment thereof, or the settlement of which is not otherwise provided for by law, must present the same to the Board of Examiners, accompanied by a statement showing the facts constituting the claim.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 303 - Meeting to examine claims -- Notice of meeting.

Effective 7/1/2021
63G-9-303.
Meeting to examine claims -- Notice of meeting.
(1) At least 60 days preceding the annual general session of the Legislature, the board shall hold a session for the purpose of examining the claims referred to in Section 63G-9-302, and may adjourn from time to time until the work is completed.
(2) The board shall cause notice of such meeting or meetings to be published on the Utah Public Notice Website created in Section 63A-16-601.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 304 - Adjustment of claims -- Recommendations to Executive Appropriations Committee.

Effective 5/9/2017
63G-9-304.
Adjustment of claims -- Recommendations to Executive Appropriations Committee.
(1) The board shall, at the time designated, proceed to examine and adjust all claims referred to in Section 63G-9-302, and may hear evidence in support of or against the claims, and shall report to the Executive Appropriations Committee the facts and recommendations concerning the claims as the board considers proper.
(2) In making its recommendations, the board may state and use any official or personal knowledge which any member of the board may have touching the claims.
(3) The board may not pass upon or send to the Executive Appropriations Committee any claim for which the state or a political subdivision would not otherwise be liable were it not for its sovereign immunity.
(4) Notwithstanding Subsection (3), claims wherein the state or a political subdivision would be liable, were it not for its sovereign immunity, whether recommended by the board for approval or disapproval, shall be reported by the board to the Legislature with appropriate findings and recommendations as provided in this section.
Amended by Chapter 151, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 305 - Publication of abstract of claims allowed and rejected.

63G-9-305.
Publication of abstract of claims allowed and rejected.
The board must make up its report and recommendations at least 30 days before the meeting of the Legislature; and a brief abstract of the report, showing the claims rejected, and those allowed and the amounts thereof, must be published in a newspaper published at the seat of government before the meeting of the Legislature for such time as the board may prescribe.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 3 - Review of Claims › Section 306 - Reconsideration of rejected claims.

63G-9-306.
Reconsideration of rejected claims.
The board shall not entertain for a third time a demand against the state or a political subdivision once rejected by it or by the Legislature, unless the facts or reasons are presented to the board as in actions between private parties would furnish sufficient ground for granting a new trial.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 9 - Board of Examiners Act › Part 4 - Appeal of Claim Reviews › Section 401 - Appeal to Legislature.

63G-9-401.
Appeal to Legislature.
Any person interested who is aggrieved by the disapproval of a claim by the board may appeal from its decision to the Legislature by filing with the board a notice thereof, and upon the receipt of such notice the board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the Legislature.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 1 - General Provisions › Section 103 - Notice of voidableness of settlement agreements.

63G-10-103.
Notice of voidableness of settlement agreements.
Each financial settlement agreement that might cost government entities more than $100,000 that is executed by an agency in violation of this chapter, and each action settlement agreement that is executed by an agency in violation of this chapter, is voidable by the governor or the Legislature as provided in this chapter.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 2 - Financial Settlement Agreements › Section 201 - Governor to approve financial settlement agreements.

Effective 5/3/2023
63G-10-201.
Governor to approve financial settlement agreements.
(1) Before legally binding the state by executing a financial settlement agreement that might cost government entities more than $250,000 to implement, an agency shall submit the proposed financial settlement agreement to the governor for the governor's approval or rejection.
(2) The governor shall approve or reject each financial settlement agreement.
(3)
(a) If the governor approves the financial settlement agreement, the agency may execute the agreement.
(b) If the governor rejects the financial settlement agreement, the agency may not execute the agreement.
(4) If an agency executes a financial settlement agreement without obtaining the governor's approval under this section, the governor may issue an executive order declaring the settlement agreement void.
(5) An agency executing an agreement under this section shall give notice of the settlement to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 2 - Financial Settlement Agreements › Section 202 - Legislative review and approval of financial settlement agreements.

Effective 5/3/2023
63G-10-202.
Legislative review and approval of financial settlement agreements.
(1)
(a) Before legally binding the state by executing a financial settlement agreement that might cost government entities more than $1,000,000 to implement, an agency shall:
(i) submit the proposed financial settlement agreement to the governor for the governor's approval or rejection as required by Section 63G-10-201; and
(ii) if the governor approves the financial settlement agreement, submit the financial settlement agreement to the Legislative Management Committee for its review and recommendations.
(b) The Legislative Management Committee shall review the financial settlement agreement and may:
(i) recommend that the agency execute the financial settlement agreement;
(ii) recommend that the agency reject the financial settlement agreement; or
(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the financial settlement agreement.
(2)
(a) Before legally binding the state by executing a financial settlement agreement that might cost government entities more than $2,000,000 to implement, an agency shall:
(i) upon initiation of negotiations that an agency reasonably believes to have the potential to lead to a settlement agreement:
(A) notify the Legislature's general counsel that negotiations have commenced;
(B) continue to keep the Legislature's general counsel informed of material developments in the negotiation process; and
(C) permit the Legislature's general counsel to attend the negotiations;
(ii) submit the proposed financial settlement agreement to the governor for the governor's approval or rejection as required by Section 63G-10-201; and
(iii) if the governor approves the financial settlement agreement, submit the financial settlement agreement to the Legislature for its approval in an annual general session or a special session.
(b)
(i) If the Legislature approves the financial settlement agreement, the agency may execute the agreement.
(ii) If the Legislature rejects the financial settlement agreement, the agency may not execute the agreement.
(c) If an agency executes a financial settlement agreement without obtaining the Legislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the settlement agreement void; or
(ii) the Legislature may pass a joint resolution declaring the settlement agreement void.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 3 - Action Settlement Agreements › Section 301 - Cost evaluation of action settlement agreements.

Effective 5/3/2023
63G-10-301.
Cost evaluation of action settlement agreements.
(1) Before legally binding the state to an action settlement agreement that might cost the state a total of $250,000 or more to implement, an agency shall estimate the cost of implementing the action settlement agreement and submit that cost estimate to the governor and the Legislative Management Committee.
(2) The Legislative Management Committee may:
(a) direct its staff to make an independent cost estimate of the cost of implementing the action settlement agreement; and
(b) affirmatively adopt a cost estimate as the benchmark for determining which authorizations established by this part are necessary.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 3 - Action Settlement Agreements › Section 302 - Governor to approve action settlement agreements.

Effective 5/3/2023
63G-10-302.
Governor to approve action settlement agreements.
(1) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $250,000 to implement, an agency shall submit the proposed settlement agreement to the governor for the governor's approval or rejection.
(2) The governor shall approve or reject each action settlement agreement.
(3)
(a) If the governor approves the action settlement agreement, the agency may execute the agreement.
(b) If the governor rejects the action settlement agreement, the agency may not execute the agreement.
(4) If an agency executes an action settlement agreement without obtaining the governor's approval under this section, the governor may issue an executive order declaring the settlement agreement void.
(5) An agency executing an agreement under this section shall give notice of the settlement to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 3 - Action Settlement Agreements › Section 303 - Legislative review and approval of action settlement agreements.

Effective 5/3/2023
63G-10-303.
Legislative review and approval of action settlement agreements.
(1)
(a) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $1,000,000 to implement, an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor's approval or rejection as required by Section 63G-10-302; and
(ii) if the governor approves the action settlement agreement, submit the action settlement agreement to the Legislative Management Committee for its review and recommendations.
(b) The Legislative Management Committee shall review the action settlement agreement and may:
(i) recommend that the agency execute the settlement agreement;
(ii) recommend that the agency reject the settlement agreement; or
(iii) recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the settlement agreement.
(2)
(a) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $2,000,000 to implement, an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor's approval or rejection as required by Section 63G-10-302; and
(ii) if the governor approves the action settlement agreement, submit the action settlement agreement to the Legislature for its approval in an annual general session or a special session.
(b)
(i) If the Legislature approves the action settlement agreement, the agency may execute the agreement.
(ii) If the Legislature rejects the action settlement agreement, the agency may not execute the agreement.
(c) If an agency executes an action settlement agreement without obtaining the Legislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the action settlement agreement void; or
(ii) the Legislature may pass a joint resolution declaring the action settlement agreement void.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 4 - Department of Transportation Settlement Agreements › Section 401 - Condemnation, inverse condemnation settlements involving the Department of Transportation.

Effective 5/3/2023
63G-10-401.
Condemnation, inverse condemnation settlements involving the Department of Transportation.
(1) Notwithstanding the provisions of this chapter, the Department of Transportation need not obtain the approval of the governor or the Legislature for financial or action settlement agreements that resolve condemnation or inverse condemnation cases.
(2) Financial settlement agreements involving condemnation or inverse condemnation cases for $1,000,000 to $2,000,000 over the Department of Transportation's original appraisal shall be presented to the Transportation Commission for approval or rejection.
(3)
(a) Financial settlement agreements involving condemnation or inverse condemnation cases for more than $2,000,000 over the Department of Transportation's original appraisal and all action settlement agreements that resolve condemnation or inverse condemnation cases shall be presented:
(i) to the Transportation Commission for approval or rejection; and
(ii) if the financial or action settlement agreement is approved by the Transportation Commission, to the Legislative Management Committee.
(b) The Legislative Management Committee may recommend approval or rejection of the financial or action settlement agreement.
(4)
(a) The Department of Transportation may not enter into a financial settlement agreement that resolves a condemnation or inverse condemnation case and requires payment of $1,000,000 to $2,000,000 over the Department of Transportation's original appraisal until the Transportation Commission has approved the agreement.
(b) The Department of Transportation may not enter into a financial settlement agreement that resolves a condemnation or inverse condemnation case and requires payment of more than $2,000,000 over the Department of Transportation's original appraisal or enter into an action settlement agreement that resolves a condemnation or inverse condemnation case until:
(i) the Transportation Commission has approved the agreement; and
(ii) the Legislative Management Committee has reviewed the agreement.
(5) The Department of Transportation shall, for each settlement agreement approved under this section for an amount greater than $1,000,000 but less than $2,000,000, give notice to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.
Amended by Chapter 535, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 5 - Risk Management Fund Settlement Agreements › Section 501 - Definitions.

Effective 7/1/2021
63G-10-501.
Definitions.
As used in this part:
(1) "Executive director" means the individual appointed under Section 63A-1-105 as the executive director of the Department of Government Operations, created in Section 63A-1-104.
(2) "Risk management fund" means the fund created in Section 63A-4-201.
(3) "Risk manager" means the state risk manager appointed under Section 63A-4-101.5.
Amended by Chapter 33, 2021 General Session
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 63G - General Government › Chapter 10 - State Settlement Agreements Act › Part 5 - Risk Management Fund Settlement Agreements › Section 502 - Application of this part.

Effective 5/12/2015
63G-10-502.
Application of this part.
The authority required for the risk manager to settle a claim for which the risk management fund may be liable is governed exclusively by this part.
Enacted by Chapter 355, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 1 - General Provisions › Section 103 - Immigration Act Restricted Account.

63G-12-103.
Immigration Act Restricted Account.
(1) There is created a restricted account within the General Fund known as the "Immigration Act Restricted Account."
(2)
(a) The restricted account shall consist of:
(i) a fee collected under this chapter;
(ii) a fine collected under Section 63G-12-207;
(iii) civil penalties imposed under Section 63G-12-211 or 63G-12-306;
(iv) money appropriated to the restricted account by the Legislature; and
(v) interest earned on the restricted account.
(b) The restricted account shall earn interest.
(3) The Legislature may appropriate money from the restricted account to:
(a) the department and the Office of the Governor to pay the costs associated with the implementation of Section 63G-12-202;
(b) the department to administer this chapter;
(c) the State Tax Commission for costs associated with implementing Section 63G-12-203;
(d) the attorney general for costs associated with:
(i) litigation related to this chapter;
(ii) a multi-agency strike force created under Section 67-5-22.7; or
(iii) a memorandum of understanding executed under Section 67-5-28; and
(e) the Identity Theft Restricted Account created in Section 67-5-22.7.
Amended by Chapter 369, 2012 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 1 - General Provisions › Section 104 - Determining immigration status -- Transfer or maintenance of information.

63G-12-104.
Determining immigration status -- Transfer or maintenance of information.
Except as limited by federal law and this chapter, any state or local governmental agency is not restricted or prohibited in any way from sending, receiving, or maintaining information related to the lawful or unlawful immigration status of an individual by communicating with any federal, state, or local governmental entity for any lawful purpose, including:
(1) determining an individual's eligibility for any public benefit, service, or license provided by any federal agency, by this state, or by a political subdivision of this state;
(2) confirming an individual's claim of residence or domicile if determination is required by state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;
(3) if the individual is an alien, determining if the individual is in compliance with the federal registration laws under 8 U.S.C. Sec. 1301 through 1306; or
(4) a valid request for verification of the citizenship or immigration status of any person pursuant to 8 U.S.C. Sec. 1373.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 1 - General Provisions › Section 105 - Implementation to be consistent with federal law and civil rights.

63G-12-105.
Implementation to be consistent with federal law and civil rights.
A state or local agency shall implement this chapter in a manner that:
(1) is consistent with federal laws that regulate immigration;
(2) protects the civil rights of all persons; and
(3) respects the privileges and immunities of United States citizens.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 1 - General Provisions › Section 106 - Severability.

63G-12-106.
Severability.
(1) If a provision of Part 2, Guest Worker Program, or the application of a provision to a person or circumstance is held invalid, the remainder of this chapter may not be given effect without the invalid provision or application so that the provisions of this chapter are not severable.
(2) The following provisions are severable from this chapter:
(a)Title 76, Chapter 9, Part 10, The Illegal Immigration Enforcement Act;
(b) Section 76-10-2901; and
(c) Section 77-7-2.
Enacted by Chapter 18, 2011 General Session
2023 Utah Code › Title 63G - General Government › Chapter 12 - Utah Immigration Accountability and Enforcement Act › Part 2 - Guest Worker Program › Section 201 - Department to create program.

63G-12-201.
Department to create program.
(1) The department shall administer a program known as the "Guest Worker Program" created by this part. Under this program, the department shall:
(a) seek one or more waivers, exemptions, or authorizations to implement the program as provided in Section 63G-12-202;
(b) issue a permit as provided in Section 63G-12-207;
(c) establish fees in accordance with Section 63J-1-504 for a filing or service required by this part;
(d) take action under Section 63G-12-211; and
(e) report annually to the governor and the Legislature.
(2) The department may make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act, to the extent expressly provided for in this part.
(3) In implementing this part, the department shall cooperate with other state agencies to minimize any duplication in databases or services required under this part.
Enacted by Chapter 18, 2011 General Session