63G-10-102.  Definitions.
     As used in this chapter:

(1) 

Terms Used In 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
(a)  “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.

(b)  “Action settlement agreement” includes stipulations, consent decrees, settlement agreements, and other legally binding documents or representations resolving a dispute between the state and another party when the state is required to pay money and required to take legally binding action.

(c)  “Action settlement agreement” does not include:

(i)  the internal process established by the Department of Transportation to resolve construction contract claims;

(ii)  any resolution of an employment dispute or claim made by an employee of the state of Utah against the state as employer;

(iii)  adjudicative orders issued by the State Tax Commission, the Public Service Commission, the Labor Commission, or the Department of Workforce Services; or

(iv)  the settlement of disputes arising from audits, defaults, or breaches of permits, contracts of sale, easements, or leases by the School and Institutional Trust Lands Administration.

(2) 

(a)  “Agency” means each department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the state.

(b)  “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.

(3) 

(a)  “Financial settlement agreement” includes a stipulation, consent decree, settlement agreement, and any other legally binding document or representation that resolves a dispute between the state and another party exclusively by requiring the payment of money from one party to the other.

(b)  “Financial settlement agreement” does not include:

(i)  agreements made under the internal process established by the Department of Transportation to resolve construction contract claims;

(ii)  adjudicative orders issued by the State Tax Commission, Public Service Commission, Labor Commission, or the Department of Workforce Services;

(iii)  the settlement of disputes arising from audits, defaults, or breaches of permits, contracts of sale, easements, or leases by the School and Institutional Trust Lands Administration; or

(iv)  agreements made under the internal processes established by the Division of Facilities Construction and Management or by law to resolve construction contract claims made against the state by contractors or subcontractors.

(4)  “Government entities” means the state and its political subdivisions.

(5)  “Settlement agreement report” means a report that:

(a)  states the total amount of the settlement;

(b)  states the payer of the settlement;

(c)  states the recipient of the payment;

(d)  summarizes the circumstances related to the settlement; and

(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.

Amended by Chapter 535, 2023 General Session

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