H.B. 97

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GOVERNMENT IMMUNITY AMENDMENTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Greg J. Curtis
5 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; AMENDING THE
6 GOVERNMENTAL IMMUNITY ACT TO PROVIDE SANCTIONS FOR EMPLOYEES
7 WHO COMMIT PERJURY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 ENACTS:
10 63-30-5.5, Utah Code Annotated 1953
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 63-30-5.5 is enacted to read:
13 63-30-5.5. Waiver of immunity for perjury or false statements by a government
14 employee.
15 (1) Immunity from suit for all governmental entities is waived as to any action brought
16 seeking damages or any other lawful relief arising out of, in connection with, or resulting from the
17 perjury, the intentional making of a false statement, or the making of a false statement with
18 reckless disregard as to its truthfulness, by a government employee in any court or administrative
19 hearing.
20 (2) If a plaintiff prevails through declaratory or injunctive relief for damages against a
21 government employee or governmental entity for the making of a perjured or false statement,
22 attorney fees and costs, if sought, shall be awarded to the plaintiff against the agency or
23 governmental entity employing the person or official making the perjured or false statement and
24 the individual involved.
25 (3) If a plaintiff prevails against a government employee or governmental entity because
26 of a perjured or false statement, the order of the court shall require the governmental entity to take
27 disciplinary action against the employee. The governmental entity shall be required to report to

1 the court within 90 days of the judgment the action taken against the employee or be liable for civil
2 contempt.




Legislative Review Note
as of 1-19-98 7:52 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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