S.B. 175

1

STATE SETTLEMENT AGREEMENT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lane Beattie
5 AN ACT RELATING TO STATE SETTLEMENT AGREEMENTS; MODIFYING
6 REQUIREMENTS RELATING TO APPROVAL OF SETTLEMENTS FOR DEPARTMENT
7 OF TRANSPORTATION CONDEMNATION CASES; AND MAKING TECHNICAL
8 CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 63-38b-104, as enacted by Chapter 313, Laws of Utah 1995
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 63-38b-104 is amended to read:
14 63-38b-104. Legislative review and approval of settlement agreements.
15 (1) (a) [Before] Except as provided in Subsection (1)(c) and before legally binding the
16 state by executing a settlement agreement that might cost government entities more than $500,000
17 to implement, an agency shall:
18 (i) submit the proposed settlement agreement to the governor for his approval or rejection
19 as required by Section 63-38b-103; and
20 (ii) if the governor approves the settlement agreement, submit the settlement agreement
21 to the Legislative Management Committee for its review and recommendations.
22 (b) The Legislative Management Committee shall review the settlement agreement and
23 may:
24 (i) recommend that the agency execute the settlement agreement;
25 (ii) recommend that the agency reject the settlement agreement; or
26 (iii) recommend to the governor that he call a special session of the Legislature to review
27 and approve or reject the settlement agreement.

1 (c) The Department of Transportation need not submit settlement agreements resolving
2 condemnation cases to the Legislative Management Committee.
3 (2) (a) [Before] Except as provided in Subsection (2)(d) and before legally binding the
4 state by executing a settlement agreement that might cost government entities more than
5 $1,000,000 to implement, an agency shall:
6 (i) submit the proposed settlement agreement to the governor for his approval or rejection
7 as required by Section 63-38b-103; and
8 (ii) if the governor approves the settlement agreement, submit the settlement agreement
9 to the Legislature for its approval in an annual general session or a special session.
10 (b) (i) If the Legislature approves the settlement agreement, the agency may execute the
11 agreement.
12 (ii) If the Legislature rejects the settlement agreement, the agency may not execute the
13 agreement.
14 (c) If an agency executes a settlement agreement without obtaining the Legislature's
15 approval under this [section] Subsection (2):
16 (i) the governor may issue an executive order declaring the settlement agreement void; or
17 (ii) the Legislature may pass a joint resolution declaring the settlement agreement void.
18 (d) The Department of Transportation need not submit settlement agreements resolving
19 condemnation cases to the Legislature.




Legislative Review Note
as of 1-30-98 9:52 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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