Utah Code 63G-10-202. Legislative review and approval of financial settlement agreements
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(1)
Terms Used In Utah Code 63G-10-202
- 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
- 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. 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.
- 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
(1)(a) Before legally binding the state by executing a financial settlement agreement that might cost government entities more than $1,000,000 to implement, an agency shall:
(1)(a)(i) submit the proposed financial settlement agreement to the governor for the governor’s approval or rejection as required by Section 63G-10-201; and
(1)(a)(ii) if the governor approves the financial settlement agreement, submit the financial settlement agreement to the Legislative Management Committee for its review and recommendations.
(1)(b) The Legislative Management Committee shall review the financial settlement agreement and may:
(1)(b)(i) recommend that the agency execute the financial settlement agreement;
(1)(b)(ii) recommend that the agency reject the financial 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 financial settlement agreement.
(2)
(2)(a) Before legally binding the state by executing a financial settlement agreement that might cost government entities more than $2,000,000 to implement, an agency shall:
(2)(a)(i) upon initiation of negotiations that an agency reasonably believes to have the potential to lead to a settlement agreement:
(2)(a)(i)(A) notify the Legislature’s general counsel that negotiations have commenced;
(2)(a)(i)(B) continue to keep the Legislature’s general counsel informed of material developments in the negotiation process; and
(2)(a)(i)(C) permit the Legislature’s general counsel to attend the negotiations;
(2)(a)(ii) submit the proposed financial settlement agreement to the governor for the governor’s approval or rejection as required by Section 63G-10-201; and
(2)(a)(iii) if the governor approves the financial settlement agreement, submit the financial 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 financial settlement agreement, the agency may execute the agreement.
(2)(b)(ii) If the Legislature rejects the financial settlement agreement, the agency may not execute the agreement.
(2)(c) If an agency executes a financial settlement agreement without obtaining the Legislature’s approval under this Subsection (2):
(2)(c)(i) the governor may issue an executive order declaring the settlement agreement void; or
(2)(c)(ii) the Legislature may pass a joint resolution declaring the settlement agreement void.