Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 441 (2018GS)

Sponsor

Rep. Knotwell, J.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• modifies provisions that require the governor or the Legislature to pre-approve various proposed settlements.

Every vote on this bill

Bill text

SETTLEMENT AGREEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Knotwell
Senate Sponsor: 
 Lincoln Fillmore
LONG TITLE
General Description:
This bill modifies provisions of the State Settlement Agreements Act.
Highlighted Provisions:
This bill:
▸ modifies provisions that require the governor or the Legislature to pre-approve
various proposed settlements.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-10-103
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-10-201
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-10-202
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-10-301
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-10-302
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63G-10-303
, as renumbered and amended by Laws of Utah 2008, Chapter 382
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-10-103
 is amended to read:
63G-10-103.
Notice of voidableness of settlement agreements.
The following are voidable by the governor or the Legislature as provided in this
chapter:
[
Each
] 
(1) a
 financial settlement agreement that [
might
]
:
(a) may
 cost government entities
, or may reduce financial obligations to government
entities,
 more than $100,000 [
that
]
; and
(b)
 is executed by an agency in violation of this chapter[
, and each
]
; and
(2) an
 action settlement agreement that is executed by an agency in violation of this
chapter[
, is voidable by the governor or the Legislature as provided in this chapter
].
Section 2. Section 
63G-10-201
 is amended to read:
63G-10-201.
Governor to approve financial settlement agreements.
(1) Before legally binding the state by executing a financial settlement agreement [
that
might cost government entities more than $100,000 to implement
], an agency shall submit the
proposed financial settlement agreement to the governor for the governor's approval or
rejection[
.
] 
if the financial settlement agreement:
(a) may cost government entities more than $100,000 to implement; or
(b) may reduce financial obligations to government entities in an amount more than
$100,000.
(2) The governor shall approve or reject each financial settlement agreement.
(3) (a) If the governor approves the financial settlement agreement, the agency may
execute the agreement.
(b) If the governor rejects the financial settlement agreement, the agency may not
execute the agreement.
(4) If an agency executes a financial settlement agreement without obtaining the
governor's approval under this section, the governor may issue an executive order declaring the
settlement agreement void.
Section 3. Section 
63G-10-202
 is amended to read:
63G-10-202.
Legislative review and approval of financial settlement agreements.
(1) (a) Before legally binding the state by executing a financial settlement agreement
that [
might
] 
may
 cost government entities more than $500,000 to implement, 
or may reduce
financial obligations to government entities by more than $500,000,
 an agency shall:
(i) submit the proposed financial settlement agreement to the governor for the
governor's approval or rejection as required by Section 
63G-10-201
; and
(ii) if the governor approves the financial settlement agreement, submit the financial
settlement agreement to the Legislative Management Committee for its review and
recommendations.
(b) The Legislative Management Committee shall review the financial settlement
agreement and may:
(i) recommend that the agency execute the financial settlement agreement;
(ii) recommend that the agency reject the financial settlement agreement; or
(iii) recommend to the governor that the governor call a special session of the
Legislature to review and approve or reject the financial settlement agreement.
(2) (a) Before legally binding the state by executing a financial settlement agreement
that [
might
] 
may
 cost government entities more than $1,000,000 to implement, 
or may reduce
financial obligations to government entities by more than $1,000,000,
 an agency shall:
(i) submit the proposed financial settlement agreement to the governor for the
governor's approval or rejection as required by Section 
63G-10-201
; and
(ii) if the governor approves the financial settlement agreement, submit the financial
settlement agreement to the Legislature for its approval in an annual general session or a
special session.
(b) (i) If the Legislature approves the financial settlement agreement, the agency may
execute the agreement.
(ii) If the Legislature rejects the financial settlement agreement, the agency may not
execute the agreement.
(c) If an agency executes a financial settlement agreement without obtaining the
Legislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the settlement agreement void;
or
(ii) the Legislature may pass a joint resolution declaring the settlement agreement void.
Section 4. Section 
63G-10-301
 is amended to read:
63G-10-301.
Cost evaluation of action settlement agreements.
(1) Before legally binding the state to an action settlement agreement that [
might
] 
may
cost the state a total of $100,000 or more to implement, 
or may reduce financial obligations to
the state by a total of $100,000 or more,
 an agency shall estimate the cost of implementing the
action settlement agreement and submit that cost estimate to the governor and the Legislative
Management Committee.
(2) The Legislative Management Committee may:
(a) direct its staff to make an independent cost estimate of the cost of implementing the
action settlement agreement; and
(b) affirmatively adopt a cost estimate as the benchmark for determining which
authorizations established by this part are necessary.
Section 5. Section 
63G-10-302
 is amended to read:
63G-10-302.
Governor to approve action settlement agreements.
(1) Before legally binding the state by executing an action settlement agreement that
[
might
] 
may
 cost government entities more than $100,000 to implement, 
or may reduce
financial obligations to government entities by a total of $100,000 or more,
 an agency shall
submit the proposed settlement agreement to the governor for the governor's approval or
rejection.
(2) The governor shall approve or reject each action settlement agreement.
(3) (a) If the governor approves the action settlement agreement, the agency may
execute the agreement.
(b) If the governor rejects the action settlement agreement, the agency may not execute
the agreement.
(4) If an agency executes an action settlement agreement without obtaining the
governor's approval under this section, the governor may issue an executive order declaring the
settlement agreement void.
Section 6. Section 
63G-10-303
 is amended to read:
63G-10-303.
Legislative review and approval of action settlement agreements.
(1) (a) Before legally binding the state by executing an action settlement agreement that
[
might
] 
may
 cost government entities more than $500,000 to implement, 
or may reduce
financial obligations to government entities by more than $500,000,
 an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor's
approval or rejection as required by Section 
63G-10-302
; and
(ii) if the governor approves the action settlement agreement, submit the action
settlement agreement to the Legislative Management Committee for its review and
recommendations.
(b) The Legislative Management Committee shall review the action settlement
agreement and may:
(i) recommend that the agency execute the settlement agreement;
(ii) recommend that the agency reject the settlement agreement; or
(iii) recommend to the governor that the governor call a special session of the
Legislature to review and approve or reject the settlement agreement.
(2) (a) Before legally binding the state by executing an action settlement agreement that
[
might
] 
may
 cost government entities more than $1,000,000 to implement, 
or may reduce
financial obligations to government entities by more than $1,000,000,
 an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor's
approval or rejection as required by Section 
63G-10-302
; and
(ii) if the governor approves the action settlement agreement, submit the action
settlement agreement to the Legislature for its approval in an annual general session or a
special session.
(b) (i) If the Legislature approves the action settlement agreement, the agency may
execute the agreement.
(ii) If the Legislature rejects the action settlement agreement, the agency may not
execute the agreement.
(c) If an agency executes an action settlement agreement without obtaining the
Legislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the action settlement agreement
void; or
(ii) the Legislature may pass a joint resolution declaring the action settlement
agreement void.
Legislative Review Note
Office of Legislative Research and General Counsel