Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 46 (2018GS)

Sponsor

Sen. Iwamoto, J.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the deadline for the Office of the Legislative Fiscal Analyst to communicate biennial adjustments of limits on damages to the state risk manager.

Every vote on this bill

Bill text

ADJUSTMENT OF LIMITS ON DAMAGES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jani Iwamoto
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill modifies a provision relating to the adjustment of limits on damages against
governmental entities.
Highlighted Provisions:
This bill:
▸ modifies the deadline for the Office of the Legislative Fiscal Analyst to
communicate biennial adjustments of limits on damages to the state risk manager.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-7-605
, as enacted by Laws of Utah 2017, Chapter 151
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-7-605
 is amended to read:
63G-7-605.
Adjustments to limitation of judgment amounts.
(1) As used in this section:
(a) "Adjusted consumer price factor" means what the consumer price index, as
provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code, would be without the medical
care component and the medical services component.
(b) "Aggregate limit" means the limit on the aggregate amount of personal injury
damages claims from a single occurrence, as provided in Subsection 
63G-7-604
(1)(d).
(c) "Individual limit" means the limit on the amount of a judgment for damages for
personal injury, as provided in Subsection 
63G-7-604
(1)(a).
(d) "Latest aggregate limit" means the aggregate limit, as last adjusted by the risk
manager under this section.
(e) "Latest individual limit" means the individual limit, as last adjusted by the risk
manager under this section.
(f) "Latest property damage limit" means the property damage limit, as last adjusted by
the risk manager under this section.
(g) "Medical care component" means the medical care sub-index of the consumer price
index, as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
(h) "Medical services component" means the medical services sub-index of the
consumer price index, as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
(i) "Property damage limit" means the limit on the amount of a judgment for property
damage, as provided in Subsection 
63G-7-604
(1)(c).
(2) (a) Each even-numbered year, the legislative fiscal analyst shall, subject to
Subsection (3):
(i) adjust the individual limit by an amount equal to the sum of:
(A) 66.5% of the latest individual limit, multiplied by the adjusted consumer price
factor;
(B) 16.75% of the latest individual limit, multiplied by the medical care component;
and
(C) 16.75% of the latest individual limit, multiplied by the medical services
component;
(ii) adjust the aggregate limit by an amount equal to the sum of:
(A) 66.5% of the latest aggregate limit, multiplied by the adjusted consumer price
factor;
(B) 16.75% of the latest aggregate limit, multiplied by the medical care component;
and
(C) 16.75% of the latest aggregate limit, multiplied by the medical services component;
(iii) adjust the property damage limit as a percentage equal to the percentage increase
or decrease in the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal
Revenue Code; and
(iv) no later than [
June
] 
May
 1, communicate the adjusted limits under Subsections
(2)(a)(i), (ii), and (iii) to the risk manager.
(b) The legislative fiscal analyst shall round up to the nearest $100 the individual limit,
aggregate limit, and property damage limit adjusted under Subsection (2)(a).
(3) The legislative fiscal analyst may not adjust an individual limit or aggregate limit
under Subsection (2) if the adjustment results in a decrease in the amount of the limit.
(4) (a) Each even-numbered year, the risk manager shall make rules, to become
effective no later than July 1 of that year, that establish a new individual limit, aggregate limit,
and property damage limit, as adjusted under Subsection (2).
(b) An adjustment to the individual limit, aggregate limit, or property damage limit
under this section has prospective effect only from the date the rules establishing the new limit
take effect.
(c) An individual limit, aggregate limit, or property damage limit, as adjusted under
this section, applies only to a claim for injury or loss that occurs after the effective date of the
rules that establish the adjusted limit.