Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 175 First Substitute (2021GS)

Sponsor

Rep. Brammer, B.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies language relating to the claims that the state's risk manager may compromise and settle;
• modifies the dollar amount limits relating to the authority of the risk manager to compromise and settle claims and relating to the settlement of claims requiring the approval of the attorney general and the executive director of the Department of Administrative Services or of the governor; and
• requires the risk manager to communicate to the legislative general counsel regarding settlement negotiations.

Every vote on this bill

Bill text

RISK MANAGEMENT SETTLEMENT AUTHORITY
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill modifies provisions relating to the authority of the state's risk manager.
Highlighted Provisions:
This bill:
▸ modifies language relating to the claims that the state's risk manager may
compromise and settle;
▸ modifies the dollar amount limits relating to the authority of the risk manager to
compromise and settle claims and relating to the settlement of claims requiring the
approval of the attorney general and the executive director of the Department of
Administrative Services or of the governor; and
▸ requires the risk manager to communicate to the legislative general counsel
regarding settlement negotiations.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-10-503
, as enacted by Laws of Utah 2015, Chapter 355
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63G-10-503
 is amended to read:
63G-10-503.
Risk manager's authority to settle a claim -- Additional approvals
required.
(1)
 The risk manager may compromise and settle any claim [
against the state
] for
which the risk management fund may be liable:
[
(1)
] 
(a)
 on the risk manager's own authority, if the settlement amount is [
$50,000
]
$100,000
 or less;
[
(2)
] 
(b)
 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
]
$100,000
 but not more than [
$200,000
] 
$250,000
;
[
(3)
] 
(c)
 upon the governor's approval, if the settlement amount is more than
[
$200,000
] 
$250,000
 but not more than $500,000;
[
(4)
] 
(d)
 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)
] 
(e)
 upon the Legislature's approval, if the settlement amount is more than
$1,000,000.
(2) (a) The risk manager shall:
(i) as soon as reasonably possible after negotiations begin, notify legislative general
counsel of negotiations that the risk manager reasonably believes to have the potential to lead
to a settlement requiring approval under Subsection (1)(d) or (e); and
(ii) continue to keep legislative general counsel informed of material developments in
the negotiation process.
(b) The information that the risk manager shall provide to legislative general counsel
under Subsection (2)(a) includes:
(i) the nature of the claim that is the subject of the settlement negotiations;
(ii) the known facts that support the claim and the known facts that controvert the
claim; and
(iii) the risk manager's assessment of the potential liability under the claim.
(c) A document, paper, electronic data, communication, or other material that the risk
manager provides to legislative general counsel in the discharge of the risk manager's
responsibility under Subsection (2) may not be considered to be a record, as defined in Section
63G-2-103
.
(d) Information provided by the risk manager to legislative general counsel under
Subsection (2)(a) and a communication between the risk manager and legislative general
counsel under Subsection (2)(a) shall be considered to be evidence that is subject to Rule 408
of the Utah Rules of Evidence to the fullest extent possible.
(e) Subsections (2)(c) and (d) apply regardless of whether:
(i) the risk manager acts personally under this section or through counsel or another
individual acting under the risk manager's direction; or
(ii) other individuals under the direction of legislative general counsel are involved in
the process described in this section.