Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 215 (2015GS)

Sponsor

Sen. Hillyard, L.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies provisions relating to the authority of the state risk manager to settle claims against the state for which the state Risk Management Fund may be liable.

Every vote on this bill

Bill text

SETTLEMENT AUTHORITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lyle W. Hillyard
House Sponsor: 
Brad M. Daw
LONG TITLE
General Description:
This bill addresses provisions relating to the settlement of claims against the state.
Highlighted Provisions:
This bill:
▸ modifies provisions relating to the authority of the state risk manager to settle
claims against the state for which the state Risk Management Fund may be liable.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-7-602
, as renumbered and amended by Laws of Utah 2008, Chapter 382
ENACTS:
63G-10-501
, Utah Code Annotated 1953
63G-10-502
, Utah Code Annotated 1953
63G-10-503
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-7-602
 is amended to read:
63G-7-602.
Compromise and settlement of claims by political subdivision.
[
(1)
] A political subdivision, after conferring with its legal officer or other legal
counsel if it does not have a legal officer, may compromise and settle any action as to the
damages or other relief sought.
[
(2) The risk manager in the Department of Administrative Services may compromise
and settle any action against the state for which the Risk Management Fund may be liable:
]
[
(a) on the risk manager's own authority, if the amount of the settlement is $25,000 or
less;
]
[
(b) with the concurrence of the attorney general or the attorney general's representative
and the executive director of the Department of Administrative Services if the amount of the
settlement is $25,000.01 to $100,000; or
]
[
(c) by complying with the procedures and requirements of Title 63G, Chapter 10,
State Settlement Agreements, if the amount of the settlement is more than $100,000.
]
Section 2. Section 
63G-10-501
 is enacted to read:
Part 5. Risk Management Fund Settlement Agreements
 63G-10-501.
Definitions.
As used in this part:
(1) "Executive director" means the individual appointed under Section 
63A-1-105
 as
the executive director of the Department of Administrative Services, created in Section
63A-1-104
.
(2) "Risk management fund" means the fund created in Section 
63A-4-201
.
(3) "Risk manager" means the state risk manager appointed under Section 
63A-4-101
.
Section 3. Section 
63G-10-502
 is enacted to read:
 63G-10-502.
Application of this part.
The authority required for the risk manager to settle a claim for which the risk
management fund may be liable is governed exclusively by this part.
Section 4. Section 
63G-10-503
 is enacted to read:
 63G-10-503.
Risk manager's authority to settle a claim -- Additional approvals
required.
The risk manager may compromise and settle any claim against the state for which the
risk management fund may be liable:
(1) on the risk manager's own authority, if the settlement amount is $50,000 or less;
(2) upon the approval of the attorney general, or the attorney general's representative,
and the executive director, if the settlement amount is more than $50,000 but not more than
$200,000;
(3) upon the governor's approval, if the settlement amount is more than $200,000 but
not more than $500,000;
(4) upon the Legislative Management Committee's approval, if the settlement amount
is more than $500,000 but not more than $1,000,000; and
(5) upon the Legislature's approval, if the settlement amount is more than $1,000,000.