63G-10-304. Legislative review and approval of action settlement agreement related to election law.
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Effective 5/7/2025
63G-10-304. Legislative review and approval of action settlement agreement related to election law.
(1)As used in this section, "election law" means:
(a)a provision of Title 20A, Election Code; or
(b)a provision relating to elections or voting contained in any portion of the Utah Constitution, the Utah Code, or a Utah administrative rule.
(a)Before legally binding the state by executing an action settlement agreement that might limit the application or enforcement of an election law, an agency shall submit the proposed action settlement agreement, including all terms that are material to the settlement:
(i)to the governor for the governor's approval or rejection; and
(ii)if the governor approves the proposed action settlement agreement, to the Legislative Management Committee for the committee's review in accordance with Subsection
(3).
(b)If the governor rejects the action settlement agreement the agency may not execute the agreement.
(3)The Legislative Management Committee shall review an action settlement agreement submitted under Subsection (2)(a)(ii) and may:
(a)recommend that the agency execute the settlement agreement;
(b)recommend that the agency reject the settlement agreement; or
(c)refer the matter to the entire Legislature.
(a)If the Legislative Management Committee refers a matter to the entire Legislature under Subsection (3)(c), the agency may not execute the settlement agreement unless the Legislature approves the settlement agreement at a special session of the Legislature or a general session of the Legislature.
(b)If, under Subsection (4)(a) , the Legislature approves the action settlement agreement, the agency may execute the agreement.
(c)If, under Subsection (4)(a) , the Legislature rejects the action settlement agreement, the agency may not execute the agreement.
(5)If an agency executes an action settlement agreement without complying with, and waiting for completion of the action described in, the applicable provisions of this section:
(a)the governor may issue an executive order declaring the action settlement agreement void; or
(b)the Legislature may pass a joint resolution declaring the action settlement agreement void.
Enacted by Chapter 381 , 2025 General Session