H.B. 134

1

GOVERNMENT IMMUNITY AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas C. Aagard
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Governmental Immunity Act of Utah by amending discovery
10 provisions for a claim of injury against a governmental entity.
11 Highlighted Provisions:
12 This bill:
13 . provides that, in order to be exempted from the standard time that the statute of
14 limitations begins to run, a claimant against a governmental entity must show that
15 the claimant could not reasonably have known of the existence of the cause of
16 action in time to file a claim within the limitation period; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 63-30d-401, as last amended by Laws of Utah 2007, Chapter 329
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63-30d-401 is amended to read:

28 63-30d-401. Claim for injury -- Notice -- Contents -- Service -- Legal disability --
29 Appointment of guardian ad litem.
30 (1) (a) Except as provided in Subsection (1)(b), a claim arises when the statute of
31 limitations that would apply if the claim were against a private person begins to run.
32 (b) (i) The statute of limitations does not begin to run [until a claimant knew, or with
33 the exercise of reasonable diligence should have known:] if a claimant:
34 (A) does not know, or with the exercise of reasonable diligence could not have known:
35 [(i)] (I) that the claimant had a claim against the governmental entity or its employee;
36 [and] or
37 [(ii)] (II) the identity of the governmental entity or the name of the employee[.]; and
38 (B) could not reasonably have known of the existence of the cause of action in time to
39 file a claim within the limitation period.
40 (ii) A statute of limitations that is tolled under Subsection (1)(b)(i) begins to run when
41 the claimant knew, or with the exercise of reasonable diligence should have known:
42 (A) that the claimant had a claim against the governmental entity or its employee; and
43 (B) the identity of the governmental entity or the name of the employee.
44 (c) The burden to prove the exercise of reasonable diligence is upon the claimant.
45 (2) Any person having a claim against a governmental entity, or against its employee
46 for an act or omission occurring during the performance of the employee's duties, within the
47 scope of employment, or under color of authority shall file a written notice of claim with the
48 entity before maintaining an action, regardless of whether or not the function giving rise to the
49 claim is characterized as governmental.
50 (3) (a) The notice of claim shall set forth:
51 (i) a brief statement of the facts;
52 (ii) the nature of the claim asserted;
53 (iii) the damages incurred by the claimant so far as they are known; and
54 (iv) if the claim is being pursued against a governmental employee individually as
55 provided in Subsection 63-30d-202 (3)(c), the name of the employee.
56 (b) The notice of claim shall be:
57 (i) signed by the person making the claim or that person's agent, attorney, parent, or
58 legal guardian; and

59 (ii) directed and delivered by hand or by mail according to the requirements of Section
60 68-3-8.5 to the office of:
61 (A) the city or town clerk, when the claim is against an incorporated city or town;
62 (B) the county clerk, when the claim is against a county;
63 (C) the superintendent or business administrator of the board, when the claim is against
64 a school district or board of education;
65 (D) the presiding officer or secretary/clerk of the board, when the claim is against a
66 local district or special service district;
67 (E) the attorney general, when the claim is against the State of Utah;
68 (F) a member of the governing board, the executive director, or executive secretary,
69 when the claim is against any other public board, commission, or body; or
70 (G) the agent authorized by a governmental entity to receive the notice of claim by the
71 governmental entity under Subsection (5)(e).
72 (4) (a) If an injury that may reasonably be expected to result in a claim against a
73 governmental entity is sustained by a claimant who is under the age of majority or mentally
74 incompetent, that governmental entity may file a request with the court for the appointment of a
75 guardian ad litem for the potential claimant.
76 (b) If a guardian ad litem is appointed, the time for filing a claim under Section
77 63-30d-402 begins when the order appointing the guardian is issued.
78 (5) (a) Each governmental entity subject to suit under this chapter shall file a statement
79 with the Division of Corporations and Commercial Code within the Department of Commerce
80 containing:
81 (i) the name and address of the governmental entity;
82 (ii) the office or agent designated to receive a notice of claim; and
83 (iii) the address at which it is to be directed and delivered.
84 (b) Each governmental entity shall update its statement as necessary to ensure that the
85 information is accurate.
86 (c) The Division of Corporations and Commercial Code shall develop a form for
87 governmental entities to complete that provides the information required by Subsection (5)(a).
88 (d) (i) Newly incorporated municipalities shall file the statement required by
89 Subsection (5)(a) at the time that the statement of incorporation and boundaries is filed with the

90 lieutenant governor under Section [ 10-1-106 ] 10-1-116 .
91 (ii) Newly incorporated local districts shall file the statement required by Subsection
92 (5)(a) at the time that the written notice is filed with the lieutenant governor under Section
93 17B-1-215 .
94 (e) A governmental entity may, in its statement, identify an agent authorized by the
95 entity to accept notices of claim on its behalf.
96 (6) The Division of Corporations and Commercial Code shall:
97 (a) maintain an index of the statements required by this section arranged both
98 alphabetically by entity and by county of operation; and
99 (b) make the indices available to the public both electronically and via hard copy.
100 (7) A governmental entity may not challenge the validity of a notice of claim on the
101 grounds that it was not directed and delivered to the proper office or agent if the error is caused
102 by the governmental entity's failure to file or update the statement required by Subsection (5).




Legislative Review Note
as of 12-21-07 1:59 PM

Office of Legislative Research and General Counsel