1     
SETTLEMENT AUTHORITY AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: Bradley M. Daw

6     

7     LONG TITLE
8     General Description:
9          This bill addresses provisions relating to the settlement of claims against the state.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to the authority of the state risk manager to settle
13     claims against the state for which the state Risk Management Fund may be liable.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          63G-7-602, as renumbered and amended by Laws of Utah 2008, Chapter 382
21     ENACTS:
22          63G-10-501, Utah Code Annotated 1953
23          63G-10-502, Utah Code Annotated 1953
24          63G-10-503, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 63G-7-602 is amended to read:
28          63G-7-602. Compromise and settlement of claims by political subdivision.
29          [(1)] A political subdivision, after conferring with its legal officer or other legal
30     counsel if it does not have a legal officer, may compromise and settle any action as to the
31     damages or other relief sought.
32          [(2) The risk manager in the Department of Administrative Services may compromise
33     and settle any action against the state for which the Risk Management Fund may be liable:]
34          [(a) on the risk manager's own authority, if the amount of the settlement is $25,000 or
35     less;]
36          [(b) with the concurrence of the attorney general or the attorney general's representative
37     and the executive director of the Department of Administrative Services if the amount of the
38     settlement is $25,000.01 to $100,000; or]
39          [(c) by complying with the procedures and requirements of Title 63G, Chapter 10,
40     State Settlement Agreements, if the amount of the settlement is more than $100,000.]
41          Section 2. Section 63G-10-501 is enacted to read:
42     
Part 5. Risk Management Fund Settlement Agreements

43          63G-10-501. Definitions.
44          As used in this part:
45          (1) "Executive director" means the individual appointed under Section 63A-1-105 as
46     the executive director of the Department of Administrative Services, created in Section
47     63A-1-104.
48          (2) "Risk management fund" means the fund created in Section 63A-4-201.
49          (3) "Risk manager" means the state risk manager appointed under Section 63A-4-101.
50          Section 3. Section 63G-10-502 is enacted to read:
51          63G-10-502. Application of this part.
52          The authority required for the risk manager to settle a claim for which the risk
53     management fund may be liable is governed exclusively by this part.
54          Section 4. Section 63G-10-503 is enacted to read:
55          63G-10-503. Risk manager's authority to settle a claim -- Additional approvals
56     required.
57          The risk manager may compromise and settle any claim against the state for which the
58     risk management fund may be liable:
59          (1) on the risk manager's own authority, if the settlement amount is $50,000 or less;
60          (2) upon the approval of the attorney general, or the attorney general's representative,
61     and the executive director, if the settlement amount is more than $50,000 but not more than
62     $200,000;
63          (3) upon the governor's approval, if the settlement amount is more than $200,000 but
64     not more than $500,000;
65          (4) upon the Legislative Management Committee's approval, if the settlement amount
66     is more than $500,000 but not more than $1,000,000; and
67          (5) upon the Legislature's approval, if the settlement amount is more than $1,000,000.




Legislative Review Note
     as of 2-16-15 12:26 PM

Office of Legislative Research and General Counsel