Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 82 (2020GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies a provision relating to a governmental entity's obligation to provide information to a claimant after the filing of a notice of claim.

Every vote on this bill

Bill text

GOVERNMENTAL IMMUNITY MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill modifies the Governmental Immunity Act of Utah. 
Highlighted Provisions:
This bill:
▸ modifies a provision relating to a governmental entity's obligation to provide
information to a claimant after the filing of a notice of claim.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-7-403
, as last amended by Laws of Utah 2019, Chapter 229
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-7-403
 is amended to read:
63G-7-403.
Notifying of the receipt of a notice of claim -- Action in district court
-- Time for commencing action -- Commencing action after time limit.
(1) Within 60 days after the filing of a notice of claim, the governmental entity
, the
entity's representative,
 or [
its
] 
the entity's
 insurance carrier shall inform the claimant in writing:
(a) that the notice of claim has been received; and
(b) if applicable, that the governmental entity believes it is not the correct
governmental entity with which the notice of claim should have been filed.
(2) (a) (i) Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in
the district court against the governmental entity or an employee of the entity.
(ii) A claimant may not file an action before the date that is 60 days after the claimant's
notice of claim is filed.
(b) Subject to Subsection (3), a claimant shall commence the action within two years
after the claim arises, as provided in Subsection 
63G-7-401
(1), regardless of whether or not the
function giving rise to the claim is characterized as governmental.
(3) (a) As used in this Subsection (3), "claimant" includes a representative of an
individual:
(i) who dies before an action is begun under this section; and
(ii) whose cause of action survives the individual's death.
(b) A claimant may commence an action after the time limit described in Subsection
(2)(b) if:
(i) the claimant had commenced a previous action within the time limit of Subsection
(2)(b);
(ii) the previous action failed or was dismissed for a reason other than on the merits;
and
(iii) the claimant commences the new action within one year after the previous action
failed or was dismissed.
(c) A claimant may commence a new action under Subsection (3)(b) only once.