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7 LONG TITLE
8 General Description:
9 This bill modifies the Governmental Immunity Act of Utah.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals a provision that:
13 • states that an action brought under the Governmental Immunity Act of Utah is
14 governed by the Utah Rules of Civil Procedure; and
15 • requires a plaintiff in an action under the Governmental Immunity Act of Utah
16 to file an undertaking when the action is filed.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 63G-6a-1904, as last amended by Laws of Utah 2015, Chapter 218
24 63G-7-203, as last amended by Laws of Utah 2018, Chapter 178
25 63G-7-301, as amended by Statewide Initiative -- Proposition 4, Nov. 6, 2018
26 63G-7-302, as last amended by Laws of Utah 2008, Chapter 3 and renumbered and
27 amended by Laws of Utah 2008, Chapter 382
28 REPEALS:
29 63G-7-601, as last amended by Laws of Utah 2017, Chapter 300
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 63G-6a-1904 is amended to read:
33 63G-6a-1904. Costs to or against protestor.
34 (1) If a protest is sustained administratively or upon administrative or judicial review
35 and the protesting bidder or offeror should have been awarded the contract under the
36 solicitation but is not, the protestor is entitled to the following relief as a claim against the
37 procurement unit:
38 (a) the reasonable costs incurred in connection with the solicitation, including bid
39 preparation and appeal costs; and
40 (b) any equitable relief determined to be appropriate by the reviewing administrative or
41 judicial body.
42 (2) If the final determination of a procurement appeals panel or other appellate body
43 does not sustain the protest, the protestor shall reimburse the conducting or issuing
44 procurement unit for all expenses that the conducting or issuing procurement unit incurred in
45 defending the appeal, including personnel costs, attorney fees, other legal costs, the per diem
46 and expenses paid by the conducting or issuing procurement unit to witnesses or appeals panel
47 members, and any additional expenses incurred by the staff of the conducting or issuing
48 procurement unit who have provided materials and administrative services to the procurement
49 appeals panel for that case.
50 (3) The provisions of [
51 Governmental Entity or a Government Employee, [
52 actions brought under this chapter by an aggrieved party for equitable relief or reasonable costs
53 incurred in preparing or appealing an unsuccessful bid or offer.
54 Section 2. Section 63G-7-203 is amended to read:
55 63G-7-203. Exemptions for certain actions.
56 The requirements of Sections 63G-7-401, 63G-7-402, and 63G-7-403[
57 do not apply to:
58 (1) an action that involves takings law, as defined in Section 63L-3-102; or
59 (2) an action filed under Title 67, Chapter 21, Utah Protection of Public Employees
60 Act.
61 Section 3. Section 63G-7-301 is amended to read:
62 63G-7-301. Waivers of immunity.
63 (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
64 obligation.
65 (b) Actions arising out of contractual rights or obligations are not subject to the
66 requirements of [
67 (c) The Division of Water Resources is not liable for failure to deliver water from a
68 reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
69 Act, if the failure to deliver the contractual amount of water is due to drought, other natural
70 condition, or safety condition that causes a deficiency in the amount of available water.
71 (2) Immunity from suit of each governmental entity is waived:
72 (a) as to any action brought to recover, obtain possession of, or quiet title to real or
73 personal property;
74 (b) as to any action brought to foreclose mortgages or other liens on real or personal
75 property, to determine any adverse claim on real or personal property, or to obtain an
76 adjudication about any mortgage or other lien that the governmental entity may have or claim
77 on real or personal property;
78 (c) as to any action based on the negligent destruction, damage, or loss of goods,
79 merchandise, or other property while it is in the possession of any governmental entity or
80 employee, if the property was seized for the purpose of forfeiture under any provision of state
81 law;
82 (d) subject to Subsection 63G-7-302(1), as to any action brought under the authority of
83 Utah Constitution, Article I, Section 22, for the recovery of compensation from the
84 governmental entity when the governmental entity has taken or damaged private property for
85 public uses without just compensation;
86 (e) subject to Subsection 63G-7-302(2), as to any action brought to recover attorney
87 fees under Sections 63G-2-405 and 63G-2-802;
88 (f) for actual damages under Title 67, Chapter 21, Utah Protection of Public Employees
89 Act;
90 (g) as to any action brought to obtain relief from a land use regulation that imposes a
91 substantial burden on the free exercise of religion under Title 63L, Chapter 5, Utah Religious
92 Land Use Act;
93 (h) except as provided in Subsection 63G-7-201(3), as to any injury caused by:
94 (i) a defective, unsafe, or dangerous condition of any highway, road, street, alley,
95 crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or
96 (ii) any defective or dangerous condition of a public building, structure, dam, reservoir,
97 or other public improvement;
98 (i) subject to Subsections 63G-7-101(4) and 63G-7-201(4), as to any injury
99 proximately caused by a negligent act or omission of an employee committed within the scope
100 of employment; and
101 (j) as to any action or suit brought under Section 20A-19-301 and as to any
102 compensation or expenses awarded under Section 20A-19-301(5).
103 Section 4. Section 63G-7-302 is amended to read:
104 63G-7-302. Assessment of damages in claims for taking or damaging property --
105 Claims for attorney fees in certain cases.
106 (1) In any action brought under the authority of Article I, Section 22, of the Utah
107 Constitution for the recovery of compensation from the governmental entity when the
108 governmental entity has taken or damaged private property for public uses without just
109 compensation, compensation and damages shall be assessed according to the requirements of
110 Title 78B, Chapter 6, Part 5, Eminent Domain.
111 (2) (a) Notwithstanding Section 63G-7-401, a notice of claim for attorney fees under
112 Subsection 63G-7-301(2)(e) may be filed contemporaneously with a petition for review under
113 Section 63G-2-404.
114 (b) The provisions of Subsection 63G-7-403(1), relating to the governmental entity's
115 response to a claim, [
116 not apply to a notice of claim for attorney fees filed contemporaneously with a petition for
117 review under Section 63G-2-404.
118 (c) Any other claim under this chapter that is related to a claim for attorney fees under
119 Subsection 63G-7-301(2)(e) may be brought contemporaneously with the claim for attorney
120 fees or in a subsequent action.
121 Section 5. Repealer.
122 This bill repeals:
123 Section 63G-7-601, Actions governed by Utah Rules of Civil Procedure --
124 Undertaking required.