S.J.R. 101

1

RESOLUTION APPROVING SETTLEMENT FOR
2 PRIVATE PRISON
3 2001 FIRST SPECIAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Gladwell
6 This joint resolution of the Legislature approves the legal settlement reached between the
7 Utah Department of Corrections and Cornell Corrections Corporation and their
8 subcontractors VCBO Architects and Hogan Construction. This joint resolution has an
9 immediate effective date.
10 Be it resolved by the Legislature of the state of Utah:
11 WHEREAS, the Utah Department of Corrections, following a lengthy mediation process
12 conducted by the Honorable Judge James S. Sawaya (retired), entered into a Stipulation and
13 Agreement to pay Cornell Corrections Corporation and their subcontractors VCBO Architects and
14 Hogan Construction for claims resulting from the cancellation of the privatized prison project;
15 WHEREAS, the Stipulation and Agreement will be paid out of funds that have already
16 been budgeted in the Department of Corrections, and the Division of Risk Management, thus
17 eliminating the need for further appropriation;
18 WHEREAS, the Governor has approved the settlement agreement and is submitting it to
19 the Legislature for approval as required by Subsection 63-38b-104 (2)(a); and
20 WHEREAS, Utah Code Section 63-38b-104 requires the Legislature's approval before a
21 state agency can execute a settlement agreement that might cost government entities more than $1
22 million to implement:
23 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the State of Utah
24 approves the settlement agreement that the Utah Department of Administrative Services, the
25 Attorney General's Office, and the Utah Department of Corrections negotiated with Cornell
26 Corrections Corporation and their subcontractors VCBO Architects and Hogan Construction for
27 the payment of $1,547,000, which includes the $675,000 previously paid by the state to Cornell

28 Corrections Corporation and their subcontractors VCBO Architects and Hogan Construction.
29 BE IT FURTHER RESOLVED that if approved by two-thirds of all the members elected
30 to each house, this resolution takes effect upon approval by the governor, or the day following the
31 constitutional time limit of Utah Constitution Article VII, Section 8, without the governor's
32 signature, or in the case of a veto, the date of veto override.




Legislative Review Note
as of 6-14-01 12:51 PM

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

Office of Legislative Research and General Counsel