Utah Code 63G-10-302. Governor to approve action settlement agreements
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(1) Before legally binding the state by executing an action settlement agreement that might cost government entities more than $250,000 to implement, inclusive of the cost of the required action and any required monetary payment, an agency shall submit the proposed settlement agreement, including all terms material to the settlement, to the governor for the governor’s approval or rejection.
Terms Used In Utah Code 63G-10-302
- 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
- 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.
- Settlement agreement report: means a report that:(5)(a) states the total amount of the settlement;(5)(b) states the payer of the settlement;(5)(c) states the recipient of the payment;(5)(d) summarizes the circumstances related to the settlement; and(5)(e) contains a copy of the settlement agreement, unless the agreement is not permitted to be disclosed due to a court order or other legal requirement. See Utah Code 63G-10-102
- 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
(2) The governor shall approve or reject each action settlement agreement.(3)(3)(a) If the governor approves the action settlement agreement, the agency may execute the agreement.(3)(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.(5) An agency executing an agreement under this section shall give notice of the settlement to the Legislative Management Committee by sending a settlement agreement report to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel within three business days of executing the agreement.