Representative Brady Brammer proposes the following substitute bill:


1     
STATE LEGAL DISPUTE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: Kirk A. Cullimore

6     

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; [or]
236          (xviii) confidential communication described in Section 58-60-102, 58-61-102, or
237     [58-61-702.] 58-61-702; or
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          [(2)] (3) (a) The risk manager shall, upon initiation of negotiations that the risk
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 [(2)(a)] (3)(a) includes:
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 [(2)] (3) may not be considered to be a record, as defined
397     in Section 63G-2-103.

398          (d) Information provided by the risk manager to legislative general counsel under
399     Subsection [(2)(a)] (3)(a) and a communication between the risk manager and legislative
400     general counsel under Subsection [(2)(a)] (3)(a) shall be considered to be evidence that is
401     subject to Rule 408 of the Utah Rules of Evidence to the fullest extent possible.
402          (e) Subsections [(2)(c)] (3)(c) and (d) apply regardless of whether:
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          [(3)] (4) The risk manager shall, for each settlement agreement approved under this
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          [(5)] (6) Section 63H-7a-303 is repealed July 1, 2024.
447          [(6)] (7) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public
448     safety communications network, is repealed July 1, 2033.
449          [(7)] (8) Subsection 63J-1-602.2(45), which lists appropriations to the State Tax
450     Commission for property tax deferral reimbursements, is repealed July 1, 2027.
451          [(8)] (9) Subsection 63N-2-213(12)(a), relating to claiming a tax credit in the same
452     taxable year as the targeted business income tax credit, is repealed December 31, 2024.
453          [(9)] (10) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
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."