8 Howard A. Stephenson
10 LONG TITLE
11 General Description:
12 This bill modifies a provision relating to limits on damages arising from claims against
13 governmental entities.
14 Highlighted Provisions:
15 This bill:
16 ▸ modifies a formula that the legislative fiscal analyst uses to calculate new damages
17 limits on certain claims against governmental entities.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
24 63G-7-605, as last amended by Laws of Utah 2018, Chapter 419
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 63G-7-605 is amended to read:
28 63G-7-605. Adjustments to limitation of judgment amounts.
29 (1) As used in this section:
30 (a) "Adjusted consumer price factor" means what the consumer price index[
32 care component and the medical services component.
33 (b) "Aggregate limit" means the limit on the aggregate amount of personal injury
34 damages claims from a single occurrence, as provided in Subsection 63G-7-604(1)(d).
35 (c) "Applicable index" means:
36 (i) the consumer price index, for a calculation of the percentage change in the
37 consumer price index;
38 (ii) the adjusted consumer price factor, for a calculation of the percentage change in the
39 adjusted consumer price factor;
40 (iii) the medical care component, for a calculation of the percentage change in the
41 medical care component; or
42 (iv) the medical services component, for a calculation of the percentage change in the
43 medical services component.
44 (d) "Base applicable index" means an applicable index for the year that is three years
45 before the year in which the legislative fiscal analyst calculates new limits under this section.
46 (e) "Consumer price index" means the annual index reported by the United States
47 Bureau of Labor Statistics for consumer prices for all urban consumers, not seasonally
50 for personal injury, as provided in Subsection 63G-7-604(1)(a).
52 manager under this section.
54 manager under this section.
56 adjusted by the risk manager under this section.
58 price index[
60 the consumer price index[
61 (l) "Percentage change" means the amount of change between the base applicable index
62 and the applicable index for the year before the year in which the legislative fiscal analyst
63 calculates new limits under this section, expressed as a percentage of the base applicable index.
65 property damage, as provided in Subsection 63G-7-604(1)(c).
66 (n) "Risk manager" means the state risk manager appointed under Section 63A-4-101.
67 (2) [
68 Subsection (3):
70 adding to the latest individual limit the sum of:
72 adjusted consumer price factor;
74 the medical care component; and
76 the medical services component;
78 adding to the latest aggregate limit the sum of:
80 adjusted consumer price factor;
82 the medical care component; and
84 the medical services component;
86 by adding to the latest property damage limit the amount of the latest property damage limit
87 multiplied by the percentage [
92 limit, aggregate limit, and property damage limit [
94 (e) no later than May 1, communicate the newly calculated limits under Subsections
95 (2)(a), (b), and (c) to the risk manager.
96 (3) The [
99 Subsection (2).
100 (4) (a) Each even-numbered year, the risk manager shall make rules, to become
101 effective no later than July 1 of that year, that establish a new individual limit, aggregate limit,
102 and property damage limit, as [
103 (b) [
104 property damage limit under this section has prospective effect only from the date the rules
105 establishing the new limit take effect.
106 (c) An individual limit, aggregate limit, or property damage limit, as [
107 calculated under this section, applies only to a claim for injury or loss that occurs after the
108 effective date of the rules that establish the [
109 Section 2. Effective date.
110 If approved by two-thirds of all the members elected to each house, this bill takes effect
111 upon approval by the governor, or the day following the constitutional time limit of Utah
112 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
113 the date of veto override.