Utah Code 63G-10-303. Legislative review and approval of action settlement agreements
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(1)
Terms Used In Utah Code 63G-10-303
- Action settlement agreement: includes a stipulation, consent decree, settlement agreement, or any other legally binding document or representation that resolves a threatened or pending lawsuit between the state and another party by requiring the state to take legally binding action. See Utah Code 63G-10-102
- Agency: includes the legislative branch, the judicial branch, the attorney general's office, the State Board of Education, the Utah Board of Higher Education, the institutional councils of each higher education institution, and each higher education institution. See Utah Code 63G-10-102
- Government entities: means the state and its political subdivisions. See Utah Code 63G-10-102
- Joint resolution: A legislative measure which requires the approval of both chambers.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $1,000,000 to implement, inclusive of the cost of the required action and any required monetary payment, an agency shall:
(1)(a)(i) submit the proposed action settlement agreement, including all terms that are material to the settlement, to the governor for the governor’s approval or rejection as required by Section 63G-10-302 ; and
(1)(a)(ii) if the governor approves the action settlement agreement, submit the action settlement agreement to the Legislative Management Committee for its review and recommendations.
(1)(b) The Legislative Management Committee shall review the action settlement agreement and may:
(1)(b)(i) recommend that the agency execute the settlement agreement;
(1)(b)(ii) recommend that the agency reject the settlement agreement; or
(1)(b)(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)
(2)(a) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $2,000,000 to implement, an agency shall:
(2)(a)(i) submit the proposed action settlement agreement, including all terms that are material to the settlement, to the governor for the governor’s approval or rejection as required by Section 63G-10-302 ; and
(2)(a)(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.
(2)(b)
(2)(b)(i) If the Legislature approves the action settlement agreement, the agency may execute the agreement.
(2)(b)(ii) If the Legislature rejects the action settlement agreement, the agency may not execute the agreement.
(2)(c) If an agency executes an action settlement agreement without obtaining the Legislature’s approval under this Subsection (2):
(2)(c)(i) the governor may issue an executive order declaring the action settlement agreement void; or
(2)(c)(ii) the Legislature may pass a joint resolution declaring the action settlement agreement void.