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7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to state legal actions.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the Government Records Access and Management Act to address
13 information regarding imminent or pending litigation shared among certain state
14 entities;
15 ▸ amends the state settlement approval process by:
16 • directing the attorney general to share with the approving person any
17 information relevant to a recommended settlement; and
18 • clarifying that the cost to implement an action settlement agreement includes the
19 cost of monetary and non-monetary terms;
20 ▸ provides the attorney general's authority to take certain enforcement action against
21 charter schools;
22 ▸ addresses the sharing of information between the attorney general and the
23 Legislature relating to state settlements and anticipated or pending state litigation;
24 and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides revisor instructions.
30 Utah Code Sections Affected:
31 AMENDS:
32 63G-2-103, as last amended by Laws of Utah 2023, Chapters 16, 173, 231, and 516
33 63G-10-301, as last amended by Laws of Utah 2023, Chapter 535
34 63G-10-302, as last amended by Laws of Utah 2023, Chapter 535
35 63G-10-303, as last amended by Laws of Utah 2023, Chapter 535
36 63G-10-501, as last amended by Laws of Utah 2021, Chapters 33, 344
37 63G-10-503, as last amended by Laws of Utah 2023, Chapter 535
38 63I-2-263, as last amended by Laws of Utah 2023, Chapters 33, 139, 212, 354, and 530
39 67-5-17, as enacted by Laws of Utah 2000, Chapter 212
40 ENACTS:
41 63G-31-401.1, Utah Code Annotated 1953
42 REPEALS AND REENACTS:
43 63G-10-103, as renumbered and amended by Laws of Utah 2008, Chapter 382
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 63G-2-103 is amended to read:
47 63G-2-103. Definitions.
48 As used in this chapter:
49 (1) "Audit" means:
50 (a) a systematic examination of financial, management, program, and related records
51 for the purpose of determining the fair presentation of financial statements, adequacy of
52 internal controls, or compliance with laws and regulations; or
53 (b) a systematic examination of program procedures and operations for the purpose of
54 determining their effectiveness, economy, efficiency, and compliance with statutes and
55 regulations.
56 (2) "Chronological logs" mean the regular and customary summary records of law
57 enforcement agencies and other public safety agencies that show:
58 (a) the time and general nature of police, fire, and paramedic calls made to the agency;
59 and
60 (b) any arrests or jail bookings made by the agency.
61 (3) "Classification," "classify," and their derivative forms mean determining whether a
62 record series, record, or information within a record is public, private, controlled, protected, or
63 exempt from disclosure under Subsection 63G-2-201(3)(b).
64 (4) (a) "Computer program" means:
65 (i) a series of instructions or statements that permit the functioning of a computer
66 system in a manner designed to provide storage, retrieval, and manipulation of data from the
67 computer system; and
68 (ii) any associated documentation and source material that explain how to operate the
69 computer program.
70 (b) "Computer program" does not mean:
71 (i) the original data, including numbers, text, voice, graphics, and images;
72 (ii) analysis, compilation, and other manipulated forms of the original data produced by
73 use of the program; or
74 (iii) the mathematical or statistical formulas, excluding the underlying mathematical
75 algorithms contained in the program, that would be used if the manipulated forms of the
76 original data were to be produced manually.
77 (5) (a) "Contractor" means:
78 (i) any person who contracts with a governmental entity to provide goods or services
79 directly to a governmental entity; or
80 (ii) any private, nonprofit organization that receives funds from a governmental entity.
81 (b) "Contractor" does not mean a private provider.
82 (6) "Controlled record" means a record containing data on individuals that is controlled
83 as provided by Section 63G-2-304.
84 (7) "Designation," "designate," and their derivative forms mean indicating, based on a
85 governmental entity's familiarity with a record series or based on a governmental entity's
86 review of a reasonable sample of a record series, the primary classification that a majority of
87 records in a record series would be given if classified and the classification that other records
88 typically present in the record series would be given if classified.
89 (8) "Elected official" means each person elected to a state office, county office,
90 municipal office, school board or school district office, special district office, or special service
91 district office, but does not include judges.
92 (9) "Explosive" means a chemical compound, device, or mixture:
93 (a) commonly used or intended for the purpose of producing an explosion; and
94 (b) that contains oxidizing or combustive units or other ingredients in proportions,
95 quantities, or packing so that:
96 (i) an ignition by fire, friction, concussion, percussion, or detonator of any part of the
97 compound or mixture may cause a sudden generation of highly heated gases; and
98 (ii) the resultant gaseous pressures are capable of:
99 (A) producing destructive effects on contiguous objects; or
100 (B) causing death or serious bodily injury.
101 (10) "Government audit agency" means any governmental entity that conducts an audit.
102 (11) (a) "Governmental entity" means:
103 (i) executive department agencies of the state, the offices of the governor, lieutenant
104 governor, state auditor, attorney general, and state treasurer, the Board of Pardons and Parole,
105 the Board of Examiners, the National Guard, the Career Service Review Office, the State
106 Board of Education, the Utah Board of Higher Education, and the State Archives;
107 (ii) the Office of the Legislative Auditor General, Office of the Legislative Fiscal
108 Analyst, Office of Legislative Research and General Counsel, the Legislature, and legislative
109 committees, except any political party, group, caucus, or rules or sifting committee of the
110 Legislature;
111 (iii) courts, the Judicial Council, the Administrative Office of the Courts, and similar
112 administrative units in the judicial branch;
113 (iv) any state-funded institution of higher education or public education; or
114 (v) any political subdivision of the state, but, if a political subdivision has adopted an
115 ordinance or a policy relating to information practices pursuant to Section 63G-2-701, this
116 chapter shall apply to the political subdivision to the extent specified in Section 63G-2-701 or
117 as specified in any other section of this chapter that specifically refers to political subdivisions.
118 (b) "Governmental entity" also means:
119 (i) every office, agency, board, bureau, committee, department, advisory board, or
120 commission of an entity listed in Subsection (11)(a) that is funded or established by the
121 government to carry out the public's business;
122 (ii) as defined in Section 11-13-103, an interlocal entity or joint or cooperative
123 undertaking;
124 (iii) as defined in Section 11-13a-102, a governmental nonprofit corporation;
125 (iv) an association as defined in Section 53G-7-1101;
126 (v) the Utah Independent Redistricting Commission; and
127 (vi) a law enforcement agency, as defined in Section 53-1-102, that employs one or
128 more law enforcement officers, as defined in Section 53-13-103.
129 (c) "Governmental entity" does not include the Utah Educational Savings Plan created
130 in Section 53B-8a-103.
131 (12) "Gross compensation" means every form of remuneration payable for a given
132 period to an individual for services provided including salaries, commissions, vacation pay,
133 severance pay, bonuses, and any board, rent, housing, lodging, payments in kind, and any
134 similar benefit received from the individual's employer.
135 (13) "Individual" means a human being.
136 (14) (a) "Initial contact report" means an initial written or recorded report, however
137 titled, prepared by peace officers engaged in public patrol or response duties describing official
138 actions initially taken in response to either a public complaint about or the discovery of an
139 apparent violation of law, which report may describe:
140 (i) the date, time, location, and nature of the complaint, the incident, or offense;
141 (ii) names of victims;
142 (iii) the nature or general scope of the agency's initial actions taken in response to the
143 incident;
144 (iv) the general nature of any injuries or estimate of damages sustained in the incident;
145 (v) the name, address, and other identifying information about any person arrested or
146 charged in connection with the incident; or
147 (vi) the identity of the public safety personnel, except undercover personnel, or
148 prosecuting attorney involved in responding to the initial incident.
149 (b) Initial contact reports do not include follow-up or investigative reports prepared
150 after the initial contact report. However, if the information specified in Subsection (14)(a)
151 appears in follow-up or investigative reports, it may only be treated confidentially if it is
152 private, controlled, protected, or exempt from disclosure under Subsection 63G-2-201(3)(b).
153 (c) Initial contact reports do not include accident reports, as that term is described in
154 Title 41, Chapter 6a, Part 4, Accident Responsibilities.
155 (15) "Legislative body" means the Legislature.
156 (16) "Notice of compliance" means a statement confirming that a governmental entity
157 has complied with an order of the State Records Committee.
158 (17) "Person" means:
159 (a) an individual;
160 (b) a nonprofit or profit corporation;
161 (c) a partnership;
162 (d) a sole proprietorship;
163 (e) other type of business organization; or
164 (f) any combination acting in concert with one another.
165 (18) "Personal identifying information" means the same as that term is defined in
166 Section 63A-12-100.5.
167 (19) "Privacy annotation" means the same as that term is defined in Section
168 63A-12-100.5.
169 (20) "Private provider" means any person who contracts with a governmental entity to
170 provide services directly to the public.
171 (21) "Private record" means a record containing data on individuals that is private as
172 provided by Section 63G-2-302.
173 (22) "Protected record" means a record that is classified protected as provided by
174 Section 63G-2-305.
175 (23) "Public record" means a record that is not private, controlled, or protected and that
176 is not exempt from disclosure as provided in Subsection 63G-2-201(3)(b).
177 (24) "Reasonable search" means a search that is:
178 (a) reasonable in scope and intensity; and
179 (b) not unreasonably burdensome for the government entity.
180 (25) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film,
181 card, tape, recording, electronic data, or other documentary material regardless of physical form
182 or characteristics:
183 (i) that is prepared, owned, received, or retained by a governmental entity or political
184 subdivision; and
185 (ii) where all of the information in the original is reproducible by photocopy or other
186 mechanical or electronic means.
187 (b) "Record" does not mean:
188 (i) a personal note or personal communication prepared or received by an employee or
189 officer of a governmental entity:
190 (A) in a capacity other than the employee's or officer's governmental capacity; or
191 (B) that is unrelated to the conduct of the public's business;
192 (ii) a temporary draft or similar material prepared for the originator's personal use or
193 prepared by the originator for the personal use of an individual for whom the originator is
194 working;
195 (iii) material that is legally owned by an individual in the individual's private capacity;
196 (iv) material to which access is limited by the laws of copyright or patent unless the
197 copyright or patent is owned by a governmental entity or political subdivision;
198 (v) proprietary software;
199 (vi) junk mail or a commercial publication received by a governmental entity or an
200 official or employee of a governmental entity;
201 (vii) a book that is cataloged, indexed, or inventoried and contained in the collections
202 of a library open to the public;
203 (viii) material that is cataloged, indexed, or inventoried and contained in the collections
204 of a library open to the public, regardless of physical form or characteristics of the material;
205 (ix) a daily calendar or other personal note prepared by the originator for the
206 originator's personal use or for the personal use of an individual for whom the originator is
207 working;
208 (x) a computer program that is developed or purchased by or for any governmental
209 entity for its own use;
210 (xi) a note or internal memorandum prepared as part of the deliberative process by:
211 (A) a member of the judiciary;
212 (B) an administrative law judge;
213 (C) a member of the Board of Pardons and Parole; or
214 (D) a member of any other body, other than an association or appeals panel as defined
215 in Section 53G-7-1101, charged by law with performing a quasi-judicial function;
216 (xii) a telephone number or similar code used to access a mobile communication
217 device that is used by an employee or officer of a governmental entity, provided that the
218 employee or officer of the governmental entity has designated at least one business telephone
219 number that is a public record as provided in Section 63G-2-301;
220 (xiii) information provided by the Public Employees' Benefit and Insurance Program,
221 created in Section 49-20-103, to a county to enable the county to calculate the amount to be
222 paid to a health care provider under Subsection 17-50-319(2)(e)(ii);
223 (xiv) information that an owner of unimproved property provides to a local entity as
224 provided in Section 11-42-205;
225 (xv) a video or audio recording of an interview, or a transcript of the video or audio
226 recording, that is conducted at a Children's Justice Center established under Section 67-5b-102;
227 (xvi) child sexual abuse material, as defined by Section 76-5b-103;
228 (xvii) before final disposition of an ethics complaint occurs, a video or audio recording
229 of the closed portion of a meeting or hearing of:
230 (A) a Senate or House Ethics Committee;
231 (B) the Independent Legislative Ethics Commission;
232 (C) the Independent Executive Branch Ethics Commission, created in Section
233 63A-14-202; or
234 (D) the Political Subdivisions Ethics Review Commission established in Section
235 63A-15-201; [
236 (xviii) confidential communication described in Section 58-60-102, 58-61-102, or
237 [
238 (xix) any item described in Subsection (25)(a) that is:
239 (A) described in Subsection 63G-2-305(17), (18), or (23)(b); and
240 (B) shared between any of the following entities:
241 (I) the Division of Risk Management;
242 (II) the Office of the Attorney General;
243 (III) the governor's office; or
244 (IV) the Legislature.
245 (26) "Record series" means a group of records that may be treated as a unit for
246 purposes of designation, description, management, or disposition.
247 (27) "Records officer" means the individual appointed by the chief administrative
248 officer of each governmental entity, or the political subdivision to work with state archives in
249 the care, maintenance, scheduling, designation, classification, disposal, and preservation of
250 records.
251 (28) "Schedule," "scheduling," and their derivative forms mean the process of
252 specifying the length of time each record series should be retained by a governmental entity for
253 administrative, legal, fiscal, or historical purposes and when each record series should be
254 transferred to the state archives or destroyed.
255 (29) "Sponsored research" means research, training, and other sponsored activities as
256 defined by the federal Executive Office of the President, Office of Management and Budget:
257 (a) conducted:
258 (i) by an institution within the state system of higher education defined in Section
259 53B-1-102; and
260 (ii) through an office responsible for sponsored projects or programs; and
261 (b) funded or otherwise supported by an external:
262 (i) person that is not created or controlled by the institution within the state system of
263 higher education; or
264 (ii) federal, state, or local governmental entity.
265 (30) "State archives" means the Division of Archives and Records Service created in
266 Section 63A-12-101.
267 (31) "State archivist" means the director of the state archives.
268 (32) "State Records Committee" means the State Records Committee created in
269 Section 63G-2-501.
270 (33) "Summary data" means statistical records and compilations that contain data
271 derived from private, controlled, or protected information but that do not disclose private,
272 controlled, or protected information.
273 Section 2. Section 63G-10-103 is repealed and reenacted to read:
274 63G-10-103. Notice of voidableness of settlement agreements.
275 (1) Each action settlement agreement and each financial settlement agreement executed
276 in violation of this chapter is voidable by the governor or the Legislature as provided in this
277 chapter.
278 (2) (a) When seeking approval of an action settlement agreement or a financial
279 settlement agreement under this chapter, upon request the attorney general shall provide to the
280 approving person any documents or information relevant to the recommended settlement.
281 (b) Information and documents shared under this section are governed by Subsection
282 67-5-17(6).
283 Section 3. Section 63G-10-301 is amended to read:
284 63G-10-301. Cost evaluation of action settlement agreements.
285 (1) Before legally binding the state to an action settlement agreement that might cost
286 the state a total of $250,000 or more to implement, inclusive of the cost of the required action
287 and any required monetary payment, an agency shall estimate the cost of implementing the
288 action settlement agreement and submit that cost estimate to the governor and the Legislative
289 Management Committee.
290 (2) The Legislative Management Committee may:
291 (a) direct its staff to make an independent cost estimate of the cost of implementing the
292 action settlement agreement; and
293 (b) affirmatively adopt a cost estimate as the benchmark for determining which
294 authorizations established by this part are necessary.
295 Section 4. Section 63G-10-302 is amended to read:
296 63G-10-302. Governor to approve action settlement agreements.
297 (1) Before legally binding the state by executing an action settlement agreement that
298 might cost government entities more than $250,000 to implement, inclusive of the cost of the
299 required action and any required monetary payment, an agency shall submit the proposed
300 settlement agreement, including all terms material to the settlement, to the governor for the
301 governor's approval or rejection.
302 (2) The governor shall approve or reject each action settlement agreement.
303 (3) (a) If the governor approves the action settlement agreement, the agency may
304 execute the agreement.
305 (b) If the governor rejects the action settlement agreement, the agency may not execute
306 the agreement.
307 (4) If an agency executes an action settlement agreement without obtaining the
308 governor's approval under this section, the governor may issue an executive order declaring the
309 settlement agreement void.
310 (5) An agency executing an agreement under this section shall give notice of the
311 settlement to the Legislative Management Committee by sending a settlement agreement report
312 to the president of the Senate, the speaker of the House of Representatives, and the director of
313 the Office of Legislative Research and General Counsel within three business days of executing
314 the agreement.
315 Section 5. Section 63G-10-303 is amended to read:
316 63G-10-303. Legislative review and approval of action settlement agreements.
317 (1) (a) Before legally binding the state by executing an action settlement agreement that
318 might cost government entities more than $1,000,000 to implement, inclusive of the cost of the
319 required action and any required monetary payment, an agency shall:
320 (i) submit the proposed action settlement agreement, including all terms that are
321 material to the settlement, to the governor for the governor's approval or rejection as required
322 by Section 63G-10-302; and
323 (ii) if the governor approves the action settlement agreement, submit the action
324 settlement agreement to the Legislative Management Committee for its review and
325 recommendations.
326 (b) The Legislative Management Committee shall review the action settlement
327 agreement and may:
328 (i) recommend that the agency execute the settlement agreement;
329 (ii) recommend that the agency reject the settlement agreement; or
330 (iii) recommend to the governor that the governor call a special session of the
331 Legislature to review and approve or reject the settlement agreement.
332 (2) (a) Before legally binding the state by executing an action settlement agreement that
333 might cost government entities more than $2,000,000 to implement, an agency shall:
334 (i) submit the proposed action settlement agreement, including all terms that are
335 material to the settlement, to the governor for the governor's approval or rejection as required
336 by Section 63G-10-302; and
337 (ii) if the governor approves the action settlement agreement, submit the action
338 settlement agreement to the Legislature for its approval in an annual general session or a
339 special session.
340 (b) (i) If the Legislature approves the action settlement agreement, the agency may
341 execute the agreement.
342 (ii) If the Legislature rejects the action settlement agreement, the agency may not
343 execute the agreement.
344 (c) If an agency executes an action settlement agreement without obtaining the
345 Legislature's approval under this Subsection (2):
346 (i) the governor may issue an executive order declaring the action settlement agreement
347 void; or
348 (ii) the Legislature may pass a joint resolution declaring the action settlement
349 agreement void.
350 Section 6. Section 63G-10-501 is amended to read:
351 63G-10-501. Definitions.
352 As used in this part:
353 (1) "Executive director" means the individual appointed under Section 63A-1-105 as
354 the executive director of the Department of Government Operations, created in Section
355 63A-1-104.
356 (2) "Risk management fund" means the fund created in Section 63A-4-201.
357 (3) "Risk manager" means the state risk manager appointed under Section
358 63A-4-101.5.
359 (4) "Settlement amount" means the total cost to implement:
360 (a) an action settlement as defined in Section 63G-10-102, including the cost of the
361 required action and any required monetary payment; or
362 (b) a financial settlement as defined in Section 63G-10-102.
363 Section 7. Section 63G-10-503 is amended to read:
364 63G-10-503. Risk manager's authority to settle a claim -- Additional approvals
365 required.
366 (1) The risk manager may compromise and settle any claim for which the risk
367 management fund may be liable:
368 (a) if the settlement amount is $500,000 or less, on the risk manager's own authority;
369 (b) if the settlement amount is more than $500,000 but not more than $1,000,000, upon
370 the approval of the attorney general, or the attorney general's representative, and the executive
371 director;
372 (c) if the settlement amount is more than $1,000,000 but not more than $1,500,000,
373 upon the governor's approval after receiving approval under Subsection (1)(b);
374 (d) if the settlement amount is more than $1,500,000 but not more than $2,000,000,
375 upon the Legislative Management Committee's approval after receiving approval under
376 Subsections (1)(b) and (c); and
377 (e) if the settlement amount is more than $2,000,000, upon the Legislature's approval
378 after receiving approval under Subsections (1)(b), (c), and (d).
379 (2) When seeking approval from a person under Subsection (1), the risk manager shall
380 provide the person a list of each material term in the proposed settlement agreement.
381 [
382 manager reasonably believes to have the potential to lead to a settlement requiring approval
383 under Subsection (1)(d) or (e):
384 (i) notify the Legislature's general counsel that negotiations have commenced;
385 (ii) continue to keep the Legislature's general counsel informed of material
386 developments in the negotiation process; and
387 (iii) permit the Legislature's general counsel to attend negotiations.
388 (b) The information that the risk manager shall provide to the Legislature's general
389 counsel under Subsection [
390 (i) the nature of the claim that is the subject of the settlement negotiations;
391 (ii) the known facts that support the claim and the known facts that controvert the
392 claim; and
393 (iii) the risk manager's assessment of the potential liability under the claim.
394 (c) A document, paper, electronic data, communication, or other material that the risk
395 manager provides to legislative general counsel in the discharge of the risk manager's
396 responsibility under this Subsection [
397 in Section 63G-2-103.
398 (d) Information provided by the risk manager to legislative general counsel under
399 Subsection [
400 general counsel under Subsection [
401 subject to Rule 408 of the Utah Rules of Evidence to the fullest extent possible.
402 (e) Subsections [
403 (i) the risk manager acts personally under this section or through counsel or another
404 individual acting under the risk manager's direction; or
405 (ii) other individuals under the direction of legislative general counsel are involved in
406 the process described in this section.
407 [
408 section for an amount greater than $250,000 but less than $1,500,000, give notice of the
409 settlement to the Legislative Management Committee by sending a settlement agreement report
410 to the president of the Senate, the speaker of the House of Representatives, and the director of
411 the Office of Legislative Research and General Counsel within three business days of executing
412 the agreement.
413 Section 8. Section 63G-31-401.1 is enacted to read:
414 63G-31-401.1. Government entity noncompliance.
415 (1) The state auditor shall:
416 (a) establish a process to receive and investigate alleged violations of this chapter by a
417 government entity;
418 (b) provide notice to the relevant government entity of:
419 (i) each alleged violation of this chapter by the government entity; and
420 (ii) each violation that the state auditor determines to be substantiated, including an
421 opportunity to cure the violation not to exceed 30 calendar days; and
422 (c) if a government entity fails to cure a violation in accordance with Subsection
423 (1)(b)(ii), report the government entity's failure to:
424 (i) for a political subdivision as defined in Section 63G-7-102 or a charter school, the
425 attorney general for enforcement under Subsection (2); or
426 (ii) for a state entity as defined in Section 67-4-2, the Legislative Management
427 Committee.
428 (2) (a) The attorney general shall:
429 (i) enforce this chapter against a political subdivision or charter school upon referral by
430 the state auditor under Subsection (1)(c) by imposing a fine of up to $10,000 per violation per
431 day; and
432 (ii) deposit fines under Subsection (2)(a) into the General Fund.
433 (b) A political subdivision or charter school may seek judicial review of a fine that the
434 attorney general imposes under this section to determine whether the fine is clearly erroneous.
435 (3) A local education agency is not in violation of this chapter for a lawful application
436 of Section 53G-8-211.
437 Section 9. Section 63I-2-263 is amended to read:
438 63I-2-263. Repeal dates: Title 63A to Title 63N.
439 (1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
440 Procurement Advisory Council is repealed July 1, 2025.
441 (2) Section 63A-17-303 is repealed July 1, 2023.
442 (3) Section 63A-17-806 is repealed June 30, 2026.
443 (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
444 Commission is repealed July 1, 2023.
445 (5) Section 63G-31-401 is repealed May 1, 2024.
446 [
447 [
448 safety communications network, is repealed July 1, 2033.
449 [
450 Commission for property tax deferral reimbursements, is repealed July 1, 2027.
451 [
452 taxable year as the targeted business income tax credit, is repealed December 31, 2024.
453 [
454 Enterprise Zone, is repealed December 31, 2024.
455 Section 10. Section 67-5-17 is amended to read:
456 67-5-17. Attorney-client relationship.
457 (1) When representing the governor, lieutenant governor, auditor, or treasurer, or when
458 representing an agency under the supervision of any of those officers, the attorney general
459 shall:
460 (a) keep the officer or the officer's designee reasonably informed about the status of a
461 matter and promptly comply with reasonable requests for information;
462 (b) explain a matter to the extent reasonably necessary to enable the officer or the
463 officer's designee to make informed decisions regarding the representation;
464 (c) abide by the officer's or designee's decisions concerning the objectives of the
465 representation and consult with the officer or designee as to the means by which they are to be
466 pursued; and
467 (d) jointly by agreement, establish protocols with the officer to facilitate
468 communications and working relationships with the officer or agencies under the officer's
469 supervision.
470 (2) Nothing in Subsection (1) modifies or supercedes any independent legal authority
471 granted specifically by statute to the attorney general.
472 (3) When the attorney general institutes or maintains a civil enforcement action on
473 behalf of the state of Utah that is not covered under Subsection (1), the attorney general shall:
474 (a) fully advise the governor, as the officer in whom the executive authority of the state
475 is vested, before instituting the action, entering into a settlement or consent decree, or taking an
476 appeal; and
477 (b) keep the governor reasonably informed about the status of the matter and promptly
478 comply with reasonable requests for information.
479 (4) In a civil action not covered under Subsection (1) or (3), the attorney general shall:
480 (a) keep the governor reasonably informed about the status of the matter and promptly
481 comply with reasonable requests for information;
482 (b) explain the matter to the extent reasonably necessary to enable the governor to
483 make informed decisions regarding the representation; and
484 (c) abide by the governor's decisions concerning the objectives of the representation
485 and consult with the governor as to the means by which they are to be pursued.
486 (5) The governor may appear in any civil legal action involving the state and appoint
487 legal counsel to advise or appear on behalf of the governor. The court shall allow the
488 governor's appearance.
489 (6) (a) As used in this section, "cooperative state litigation" means:
490 (i) an anticipated or pending settlement that may require approval by the Legislature or
491 the Legislative Management Committee in accordance with Title 63G, Chapter 10, State
492 Settlement Agreements Act; or
493 (ii) anticipated or pending litigation in which:
494 (A) a party challenges the constitutionality of a state law; or
495 (B) the state challenges a federal law or regulation.
496 (b) When the Office of the Attorney General discusses or shares with persons within
497 the legislative branch documents or information related to cooperative state litigation, the
498 sharing is in furtherance of matters of common interest between the represented parties.
499 Section 11. Effective date.
500 This bill takes effect on May 1, 2024.
501 Section 12. Revisor instructions.
502 The Legislature intends that the Office of Legislative Research and General Counsel, in
503 preparing the Utah Code database for publication, replace in any provision of Utah Code
504 "63G-31-401" with "63G-31-401.1."