§ 63G-10-202 — Legislative review and approval of financial settlement agreements.

(1) (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.

Legislative History

Amended by Chapter 535, 2023 General Session