Chief Sponsor: Jon Hawkins

Senate Sponsor: ____________


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

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 [Title 63G,] Chapter 7, Part 4, Notice of Claim Against a
51     Governmental Entity or a Government Employee, [and Section 63G-7-601] do not apply to
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[, and 63G-7-601]
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 [Sections] Section 63G-7-401, 63G-7-402, or 63G-7-403[, or 63G-7-601].
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, [and the provisions of Section 63G-7-601, requiring an undertaking,] do
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.