H.B. 205 Enrolled

STATE SETTLEMENT AGREEMENTS
AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Wayne A. Harper

LONG TITLE
General Description:
This bill modifies provisions governing gubernatorial and legislative review and approval
of state settlement agreements.
Highlighted Provisions:
This bill:
. exempts contract claims settled by DFCM from gubernatorial and legislative review
and approval; and
. makes technical corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63-38b-101, as last amended by Chapter 235, Laws of Utah 2002

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-38b-101 is amended to read:
63-38b-101. Definitions.
As used in this chapter:
(1) (a) "Action settlement agreement" includes a stipulation, consent decree, settlement
agreement, or any other legally binding document or representation that resolves a threatened or

pending lawsuit between the state and another party by requiring the state to take legally binding
action.
(b) "Action settlement agreement" includes stipulations, consent decrees, settlement
agreements, and other legally binding documents or representations resolving a dispute between
the state and another party when the state is required to pay money and required to take legally
binding action.
(c) "Action settlement agreement" does not include:
(i) the internal process established by the Department of Transportation to resolve
construction contract claims;
(ii) any resolution of an employment dispute or claim made by an employee of the state of
Utah against the state as employer;
(iii) adjudicative orders issued by the State Tax Commission, the Public Service
Commission, the Labor Commission, or the Department of Workforce Services; or
(iv) the settlement of disputes arising from audits, defaults, or breaches of permits,
contracts of sale, easements, or leases by the School and Institutional Trust Lands Administration.
(2) (a) "Agency" means each department, commission, board, council, agency, institution,
officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau,
panel, or other administrative unit of the state.
(b) "Agency" includes the legislative branch, the judicial branch, the attorney general's
office, the State Office of Education, the Board of Regents, the institutional councils of each
higher education institution, and each higher education institution.
(3) (a) "Financial settlement agreement" includes a stipulation, consent decree, settlement
agreement, and any other legally binding document or representation that resolves a dispute
between the state and another party exclusively by requiring the payment of money from one
party to the other.
(b) "Financial settlement agreement" does not include:
(i) agreements made under the internal process established by the Department of
Transportation to resolve construction contract claims;

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(ii) adjudicative orders issued by the State Tax Commission, Public Service Commission,
Labor Commission, or the Department of Workforce Services; [or]
(iii) the settlement of disputes arising from audits, defaults, or breaches of permits,
contracts of sale, easements, or leases by the School and Institutional Trust Lands
Administration[.]; or
(iv) agreements made under the internal processes established by the Division of Facilities
Construction and Management or by law to resolve construction contract claims made against the
state by contractors or subcontractors.
(4) "Government entities" means the state and its political subdivisions.

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