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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to collection processes.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies provisions relating to processes to obtain property held by a governmental
13 entity.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 63G-7-603, as renumbered and amended by Laws of Utah 2008, Chapter 382
21 78B-5-808, as renumbered and amended by Laws of Utah 2008, Chapter 3
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 63G-7-603 is amended to read:
25 63G-7-603. Exemplary or punitive damages prohibited -- Governmental entity
26 exempt from execution, attachment, or garnishment.
27 (1) (a) A judgment may not be rendered against a governmental entity for exemplary or
28 punitive damages.
29 (b) If a governmental entity would be required to pay the judgment under Section
30 63G-7-902 or 63G-7-903, the governmental entity shall pay any judgment or portion of any
31 judgment entered against its employee in the employee's personal capacity even if the judgment
32 is for or includes exemplary or punitive damages.
33 (2) Execution, attachment, or garnishment may not issue against a governmental entity
34 in aid of collecting a judgment against a governmental entity or the governmental entity's
35 employee.
36 Section 2. Section 78B-5-808 is amended to read:
37 78B-5-808. Property subject to collection processes.
38 The state and any subdivision, agency, or institution of the state [
39 possession or under its control any credits or other personal property of[
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42 rights, remedies, and procedures applicable to attachment, garnishment, and execution,
43 respectively, except as provided in Section 78B-5-809.