63G-10-303 - Legislative review and approval of action settlement agreements.
63G-10-303. Legislative review and approval of action settlement agreements.
(1) (a) Before legally binding the state by executing an action settlement agreement thatmight cost government entities more than $500,000 to implement, an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor'sapproval or rejection as required by Section 63G-10-302; and
(ii) if the governor approves the action settlement agreement, submit the actionsettlement agreement to the Legislative Management Committee for its review andrecommendations.
(b) The Legislative Management Committee shall review the action settlementagreement and may:
(i) recommend that the agency execute the settlement agreement;
(ii) recommend that the agency reject the settlement agreement; or
(iii) recommend to the governor that the governor call a special session of the Legislatureto review and approve or reject the settlement agreement.
(2) (a) Before legally binding the state by executing an action settlement agreement thatmight cost government entities more than $1,000,000 to implement, an agency shall:
(i) submit the proposed action settlement agreement to the governor for the governor'sapproval or rejection as required by Section 63G-10-302; and
(ii) if the governor approves the action settlement agreement, submit the actionsettlement agreement to the Legislature for its approval in an annual general session or a specialsession.
(b) (i) If the Legislature approves the action settlement agreement, the agency mayexecute the agreement.
(ii) If the Legislature rejects the action settlement agreement, the agency may not executethe agreement.
(c) If an agency executes an action settlement agreement without obtaining theLegislature's approval under this Subsection (2):
(i) the governor may issue an executive order declaring the action settlement agreementvoid; or
(ii) the Legislature may pass a joint resolution declaring the action settlement agreementvoid.
Renumbered and Amended by Chapter 382, 2008 General Session