S.B. 175 Enrolled

STATE SETTLEMENT AGREEMENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Lane Beattie
AN ACT RELATING TO STATE SETTLEMENT AGREEMENTS; MODIFYING
REQUIREMENTS RELATING TO APPROVAL OF SETTLEMENTS FOR DEPARTMENT
OF TRANSPORTATION CONDEMNATION CASES; AND MAKING TECHNICAL
CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-38b-104, as enacted by Chapter 313, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-38b-104 is amended to read:
63-38b-104. Legislative review and approval of settlement agreements.
(1) (a) [Before] Except as provided in Subsection (1)(c) and before legally binding the
state by executing a settlement agreement that might cost government entities more than $500,000
to implement, an agency shall:
(i) submit the proposed settlement agreement to the governor for his approval or rejection
as required by Section 63-38b-103 ; and
(ii) if the governor approves the settlement agreement, submit the settlement agreement
to the Legislative Management Committee for its review and recommendations.
(b) The Legislative Management Committee shall review the 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 he call a special session of the Legislature to review
and approve or reject the settlement agreement.
(c) The Department of Transportation need not submit settlement agreements resolving
condemnation cases to the Legislative Management Committee, unless the difference between the

Department of Transportation's original appraisal on the property and the amount of the settlement
is greater than $500,000.
(2) (a) [Before] Except as provided in Subsection (2)(d) and before legally binding the state
by executing a settlement agreement that might cost government entities more than $1,000,000 to
implement, an agency shall:
(i) submit the proposed settlement agreement to the governor for his approval or rejection
as required by Section 63-38b-103 ; and
(ii) if the governor approves the settlement agreement, submit the settlement agreement to
the Legislature for its approval in an annual general session or a special session.
(b) (i) If the Legislature approves the settlement agreement, the agency may execute the
agreement.
(ii) If the Legislature rejects the settlement agreement, the agency may not execute the
agreement.
(c) If an agency executes a settlement agreement without obtaining the Legislature's approval
under this [section] 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.
(d) The Department of Transportation need not submit settlement agreements resolving
condemnation cases to the Legislature, unless the difference between the Department of
Transportation's original appraisal on the property and the amount of the settlement is greater than
$1,000,000.

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