01-29 13:35 1st Sub. (Green) S.B. 169
Todd Weiler proposes the following substitute bill:
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Governmental Immunity Act Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
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LONG TITLE
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General Description:
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This bill amends the Governmental Immunity Act.
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Highlighted Provisions:
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This bill:
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▸ requires a governmental entity to file a statement with Division of Corporations and
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Commercial Code containing:
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● any doing-business-as name the governmental entity utilizes;
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● the office or agent designated to receive service of a summons and complaint; and
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● the physical address to which service of a summons and complaint is to be delivered
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by hand or transmitted by mail; and
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▸ prohibits a governmental entity that fails to file or update the statement described above
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from challenging the sufficiency of service of the summons and complaint.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63G-7-401, as last amended by Laws of Utah 2023, Chapter 16
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63G-7-401 is amended to read:
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63G-7-401 . When a claim arises -- Notice of claim requirements --
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Governmental entity statement -- Limits on challenging validity or timeliness of notice of
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claim.
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(1)(a) Except as provided in Subsection (1)(b), a claim arises when the statute of
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limitations that would apply if the claim were against a private person begins to run.
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(b) The statute of limitations does not begin to run until a claimant knew, or with the
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exercise of reasonable diligence should have known:
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(i) that the claimant had a claim against the governmental entity or the governmental
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entity's employee; and
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(ii) the identity of the governmental entity or the name of the employee.
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(c) The burden to prove the exercise of reasonable diligence is upon the claimant.
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(2) Any person having a claim against a governmental entity, or against the governmental
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entity's employee for an act or omission occurring during the performance of the
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employee's duties, within the scope of employment, or under color of authority shall file
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a written notice of claim with the entity before maintaining an action, regardless of
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whether or not the function giving rise to the claim is characterized as governmental.
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(3)(a) The notice of claim shall set forth:
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(i) a brief statement of the facts;
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(ii) the nature of the claim asserted;
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(iii) the damages incurred by the claimant so far as the damages are known; and
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(iv) if the claim is being pursued against a governmental employee individually as
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provided in Subsection 63G-7-202(3)(c), the name of the employee.
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(b) The notice of claim shall be:
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(i) signed by the person making the claim or that person's agent, attorney, parent, or
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legal guardian, using any form of signature recognized by law as binding; and
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(ii) delivered, transmitted, or sent, as provided in Subsection (3)(c), to the office of:
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(A) the city or town clerk, when the claim is against an incorporated city or town;
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(B) the county clerk, when the claim is against a county;
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(C) the superintendent or business administrator of the board, when the claim is
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against a school district or board of education;
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(D) the presiding officer or secretary or clerk of the board, when the claim is
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against a special district or special service district;
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(E) the attorney general, when the claim is against the state;
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(F) a member of the governing board, the executive director, or executive
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secretary, when the claim is against any other public board, commission, or
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body; or
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(G) the agent authorized by a governmental entity to receive the notice of claim by
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the governmental entity under Subsection (5)(e).
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(c) A notice of claim shall be:
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(i) delivered by hand to the physical address provided under Subsection [(5)(a)(iii)(A)]
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(5)(a)(iv)(A);
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(ii) transmitted by mail to the physical address provided under Subsection [
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(5)(a)(iii)(A)] (5)(a)(iv)(A), according to the requirements of Section 68-3-8.5; or
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(iii) sent by electronic mail to the email address provided under Subsection [
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(5)(a)(iii)(B)] (5)(a)(iv)(B).
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(d) A claimant who submits a notice of claim by electronic mail under Subsection
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(3)(c)(iii) shall contemporaneously send a copy of the notice of claim by electronic
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mail to the city attorney, district attorney, county attorney, attorney general, or other
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attorney, as the case may be, who represents the governmental entity.
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(4)(a) If an injury that may reasonably be expected to result in a claim against a
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governmental entity is sustained by a claimant who is under the age of majority or
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mentally incompetent, that governmental entity may file a request with the court for
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the appointment of a guardian ad litem for the potential claimant.
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(b) If a guardian ad litem is appointed, the time for filing a claim under Section
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63G-7-402 begins when the order appointing the guardian ad litem is issued.
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(5)(a) A governmental entity subject to suit under this chapter shall file a statement with
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the Division of Corporations and Commercial Code within the Department of
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Commerce containing:
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(i) the name and address of the governmental entity;
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(ii) any doing-business-as name the governmental entity utilizes;
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[(ii)] (iii) the office or agent designated to receive a notice of claim and service of a
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summons and complaint; and
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[(iii)] (iv)(A) the physical address to which a notice of claim is to be delivered by
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hand or transmitted by mail, for a notice of claim that a claimant chooses to
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hand deliver or transmit by mail; [and]
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(B) the email address to which a notice of claim is to be sent, for a notice of claim
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that a claimant chooses to send by email, and the email address of the city
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attorney, district attorney, county attorney, attorney general, or other attorney,
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as the case may be, who represents the governmental entity[.] ; and
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(C) the physical address to which service of a summons and complaint is to be
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delivered by hand or transmitted by mail.
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(b) A governmental entity shall update the governmental entity's statement as necessary
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to ensure that the information is accurate.
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(c) The Division of Corporations and Commercial Code shall develop a form for
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governmental entities to complete that provides the information required by
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Subsection (5)(a).
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(d)(i) A newly incorporated municipality shall file the statement required by
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Subsection (5)(a) promptly after the lieutenant governor issues a certificate of
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incorporation under Section 67-1a-6.5.
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(ii) A newly incorporated special district shall file the statement required by
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Subsection (5)(a) at the time that the written notice is filed with the lieutenant
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governor under Section 17B-1-215.
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(e) A governmental entity may, in the governmental entity's statement, identify an agent
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authorized to accept notices of claim on behalf of the governmental entity.
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(6) The Division of Corporations and Commercial Code shall:
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(a) maintain an index of the statements required by this section arranged both
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alphabetically by entity and by county of operation; and
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(b) make the indices available to the public both electronically and via hard copy.
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(7) A governmental entity may not challenge the validity of a notice of claim [on the
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grounds that it] or the sufficiency of service of a summons and complaint on the grounds
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that the notice of claim or the summons and complaint was not directed and delivered to
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the proper office or agent if the error is caused by the governmental entity's failure to file
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or update the statement required by Subsection (5).
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(8) A governmental entity may not challenge the timeliness, under Section 63G-7-402, of a
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notice of claim if:
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(a)(i) the claimant files a notice of claim with the governmental entity:
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(A) in accordance with the requirements of this section; and
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(B) within 30 days after the expiration of the time for filing a notice of claim
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under Section 63G-7-402;
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(ii) the claimant demonstrates that the claimant previously filed a notice of claim:
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(A) in accordance with the requirements of this section;
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(B) with an incorrect governmental entity;
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(C) in the good faith belief that the claimant was filing the notice of claim with the
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correct governmental entity;
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(D) within the time for filing a notice of claim under Section 63G-7-402; and
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(E) no earlier than 30 days before the expiration of the time for filing a notice of
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claim under Section 63G-7-402; and
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(iii) the claimant submits with the notice of claim:
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(A) a copy of the previous notice of claim that was filed with a governmental
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entity other than the correct governmental entity; and
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(B) proof of the date the previous notice of claim was filed; or
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(b)(i) the claimant delivers by hand, transmits by mail, or sends by email a notice of
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claim:
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(A) to an elected official or executive officer of the correct governmental entity
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but not to the correct office under Subsection (3)(b)(ii); and
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(B) that otherwise meets the requirements of Subsection (3); and
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(ii)(A) the claimant contemporaneously sends a hard copy or electronic copy of
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the notice of claim to the office of the city attorney, district attorney, county
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attorney, attorney general, or other attorney, as the case may be, representing
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the correct governmental entity; or
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(B) the governmental entity does not, within 60 days after the claimant delivers
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the notice of claim under Subsection (8)(b)(i), provide written notification to
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the claimant of the delivery defect and of the identity of the correct office to
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which the claimant is required to deliver the notice of claim.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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