02-09 21:55 2nd Sub. (Salmon) 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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▸ defines a term;
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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;
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▸ prohibits a governmental entity from challenging the validity of a notice of claim, or the
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sufficiency of service of a summons and complaint, if the governmental entity:
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● fails to file or update the statement described above; and
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● has actual notice of the notice of claim or the summons and complaint;
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▸ if a challenge described above is not prohibited, requires a claimant to prove that the
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claimant used reasonable diligence in attempting to discover the identity of a
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governmental entity using a doing-business-as name; and
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▸ makes technical and conforming changes.
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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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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
2nd Sub. S.B. 169 2nd Sub. (Salmon) S.B. 169 02-09 21:55
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11-13-602, as last amended by Laws of Utah 2020, Chapters 354, 381
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63G-7-401, as last amended by Laws of Utah 2023, Chapter 16
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63G-7-403, as last amended by Laws of Utah 2020, Chapter 53
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63G-33-201, as enacted by Laws of Utah 2024, Chapter 511
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63L-5-302, as renumbered and amended by Laws of Utah 2008, Chapter 382
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 11-13-602 is amended to read:
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11-13-602 . Definitions.
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As used in this part:
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(1) "Asset" means funds, money, an account, real or personal property, or personnel.
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(2)(a) "Associated entity" means a taxed interlocal entity that adopts a segment's
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organizing resolution.
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(b) "Associated entity" does not include any other segment.
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(3) "Fiduciary duty" means a duty expressly designated as a fiduciary duty of:
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(a) a director or an officer of a taxed interlocal entity in:
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(i) the organization agreement of the taxed interlocal entity; or
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(ii) an agreement executed by the director or the officer and the taxed interlocal
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entity; or
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(b) a director or an officer of a segment in:
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(i) the organizing resolution of the segment; or
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(ii) an agreement executed by the director or the officer and the segment.
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(4) "Governing body" means the body established in an organizing resolution to govern a
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segment.
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(5) "Governmental law" means:
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(a) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
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Organizations, and Other Local Entities Act;
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(b) Title 63A, Chapter 3, Division of Finance;
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(c) Title 63G, Chapter 6a, Utah Procurement Code;
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(d) a law imposing an obligation on a taxed interlocal entity similar to an obligation
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imposed by a law described in Subsection (5)(a), (b), or (c);
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(e) an amendment to or replacement or renumbering of a law described in Subsection
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(5)(a), (b), (c), or (d); or
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(f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d).
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(6) "Indexed office" means the address identified under Subsection [63G-7-401(5)(a)(i)]
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63G-7-405(6)(a)(i) by a segment's associated entity in the associated entity's statement
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described in Subsection [63G-7-401(5)] 63G-7-401(6).
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(7) "Organization agreement" means an agreement, as amended, that creates a taxed
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interlocal entity.
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(8) "Organizing resolution" means a resolution described in Subsection 11-13-604(1) that
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creates a segment.
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(9) "Principal county" means the county in which the indexed office of a segment's
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associated entity is located.
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(10) "Project" means:
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(a) the same as that term is defined in Section 11-13-103; or
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(b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in
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accordance with Subsection 11-13-204(2).
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(11) "Public asset" means:
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(a) an asset used by a public entity;
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(b) tax revenue;
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(c) state funds; or
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(d) public funds.
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(12) "Segment" means a segment created in accordance with Section 11-13-604.
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(13) "Taxed interlocal entity" means:
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(a) a project entity that:
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(i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3,
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Project Entity Provisions;
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(ii) does not receive a payment of funds from a federal agency or office, state agency
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or office, political subdivision, or other public agency or office other than:
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(A) a payment that does not materially exceed the greater of the fair market value
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and the cost of a service provided or property conveyed by the project entity; or
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(B) a grant that is subject to accountability requirements and that the project entity
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receives for purposes related to a Utah interlocal energy hub, including
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research and development of technology, financing, construction, installation,
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operation, and other actions that the project entity may take with respect to a
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project; and
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(iii) does not receive, expend, or have the authority to compel payment from tax
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revenue; or
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(b) an interlocal entity that:
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(i) was created before 1981 for the purpose of providing power supply at wholesale
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to its members;
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(ii) does not receive a payment of funds from a federal agency or office, state agency
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or office, political subdivision, or other public agency or office other than:
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(A) a payment that does not materially exceed the greater of the fair market value
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and the cost of a service provided or property conveyed by the interlocal entity;
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or
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(B) a loan, grant, guaranty, transferable tax credit, cost-sharing arrangement, or
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other funding arrangement for an advanced nuclear power facility, as defined
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in 26 U.S.C. Sec. 45J(d), for an advanced nuclear reactor, as defined in 42
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U.S.C. Sec. 16271(b)(1), or for an advanced nuclear energy facility that is
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eligible for a guarantee under 42 U.S.C. Sec. 16513; and
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(iii) does not receive, expend, or have the authority to compel payment from tax
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revenue.
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(14)(a) "Use" means to use, own, manage, hold, keep safe, maintain, invest, deposit,
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administer, receive, expend, appropriate, disburse, or have custody.
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(b) "Use" includes, when constituting a noun, the corresponding nominal form of each
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term in Subsection (14)(a), individually.
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(15) "Utah interlocal energy hub" means project entity-owned facilities that:
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(a) are located within the state; and
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(b) facilitate the coordination of resources and participants in a multi-county or interstate
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region for:
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(i) the generation of energy, including with hydrogen fuel;
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(ii) the transmission of energy;
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(iii) energy storage, including compressed air energy storage;
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(iv) producing environmental benefits; or
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(v) the production, storage, or transmission of fuel, including hydrogen fuel.
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Section 2. 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) As used in this section, "doing-business-as name" means the name of an entity that:
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(a) is owned, operated, or controlled by a governmental entity; and
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(b)(i) is not the name of the governmental entity; or
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(ii) is not a name from which the governmental entity can be identified.
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[(1)] (2)(a) Except as provided in Subsection [(1)(b)] (2)(b), a claim arises when the
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statute of limitations that would apply if the claim were against a private person
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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)] (3) Any person having a claim against a governmental entity, or against the
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governmental entity's employee for an act or omission occurring during the performance
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of the employee's duties, within the scope of employment, or under color of authority
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shall file a written notice of claim with the entity before maintaining an action,
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regardless of whether or not the function giving rise to the claim is characterized as
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governmental.
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[(3)] (4)(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)] (4)(c), to the
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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)] (6)(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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(6)(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)] (6)(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)] (6)(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)] (4)(c)(iii) shall contemporaneously send a copy of the notice of claim by
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electronic mail to the city attorney, district attorney, county attorney, attorney
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general, or other attorney, as the case may be, who represents the governmental entity.
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[(4)] (5)(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)] (6)(a) A governmental entity subject to suit under this chapter shall file a statement
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with 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)] under Subsection (6)(a).
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(d)(i) A newly incorporated municipality shall file the statement required [by
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Subsection (5)(a)] under Subsection (6)(a) promptly after the lieutenant governor
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issues a certificate of 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)] under Subsection (6)(a) at the time that the written notice is
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filed with the lieutenant 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)] (7) 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)] (8) 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
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grounds that the notice of claim or the summons and complaint was not directed and
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delivered to the proper office or agent, if:
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(a) the error in the direction and delivery of the notice of claim or the summons and
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complaint is caused by the governmental entity's failure to file or update the
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statement [required by Subsection (5).] described in Subsection (6)(a); and
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(b) the governmental entity had actual notice of the notice of claim or the summons and
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complaint.
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(9) A claimant bears the burden of proving that, despite the claimant's use of reasonable
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diligence, the claimant could not discover the identity of a governmental entity, if:
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(a) the governmental entity asserts a challenge to the validity of a notice of claim, or the
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sufficiency of service of a summons and complaint, that is not prohibited under
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Subsection (8); and
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(b) the claimant opposes the challenge on the basis of the governmental entity's use of a
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doing-business-as name.
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[(8)] (10) A governmental entity may not challenge the timeliness, under Section 63G-7-402,
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of a 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)] (4)(b)(ii); and
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(B) that otherwise meets the requirements of Subsection [(3)] (4); 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)] (10)(b)(i), provide written
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notification to the claimant of the delivery defect and of the identity of the
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correct office to which the claimant is required to deliver the notice of claim.
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Section 3. Section 63G-7-403 is amended to read:
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63G-7-403 . Notifying of the receipt of a notice of claim -- Action in district court
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-- Time for commencing action -- Commencing action after time limit.
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(1) Within 60 days after the filing of a notice of claim, the governmental entity, the entity's
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representative, or the entity's insurance carrier shall inform the claimant in writing:
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(a) that the notice of claim has been received; and
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(b) if applicable, that the governmental entity believes it is not the correct governmental
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entity with which the notice of claim should have been filed.
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(2)(a)(i) Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in
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the district court against the governmental entity or an employee of the entity.
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(ii) A claimant may not file an action before the date that is 60 days after the
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claimant's notice of claim is filed.
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(b) Subject to Subsection (3), a claimant shall commence the action within two years
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after the claim arises, as provided in Subsection [63G-7-401(1)] 63G-7-401(2),
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regardless of whether or not the function giving rise to the claim is characterized as
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governmental.
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(3)(a) As used in this Subsection (3), "claimant" includes a representative of an
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individual:
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(i) who dies before an action is begun under this section; and
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(ii) whose cause of action survives the individual's death.
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(b) A claimant may commence an action after the time limit described in Subsection
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(2)(b) if:
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(i) the claimant had commenced a previous action within the time limit of Subsection
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(2)(b);
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(ii) the previous action failed or was dismissed for a reason other than on the merits;
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and
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(iii) the claimant commences the new action within one year after the previous action
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failed or was dismissed.
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(c) A claimant may commence a new action under Subsection (3)(b) only once.
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Section 4. Section 63G-33-201 is amended to read:
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63G-33-201 . Free exercise of religion -- Limitations on burdens imposed by
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government -- Claims or defenses -- Attorney fees and costs.
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(1) The free exercise of religion is a fundamental right and applies to all government action,
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including action that is facially neutral.
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(2) Except as provided in Subsection (3):
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(a) a government entity may not substantially burden the free exercise of religion of a
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person, regardless of whether the burden results from a rule of general applicability;
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and
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(b) a person other than a government entity may not seek to apply or enforce
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government action against another person that substantially burdens the free exercise
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of religion of the other person, regardless of whether the burden results from a rule of
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general applicability.
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(3) A government entity or government action may substantially burden a person's free
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exercise of religion only if the government entity, or any other person seeking to enforce
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government action, demonstrates that the burden on the person's free exercise of religion
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is:
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(a) essential to furthering a compelling governmental interest; and
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(b) the least restrictive means of furthering the compelling governmental interest.
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(4) A person whose free exercise of religion is burdened in violation of this section:
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(a) may assert the violation as a claim or defense in a judicial or administrative
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proceeding to obtain relief, regardless of whether a government entity is a party to the
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proceeding; and
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(b) is not required to exhaust administrative remedies before bringing a claim, or raising
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a defense, described in this Subsection (4).
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(5)(a) Except as provided in Subsection (5)(b), a person may not bring an action under
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this section against a government entity described in Subsections 63G-33-101(4)(a)(i)
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through (iii) unless, at least 60 days before the day on which the person brings the
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action, the person provides written notice to the government entity, in accordance
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with Subsections [63G-7-401(3)(b)] 63G-7-401(4)(b) through (d), that:
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(i) states that the person intends to bring an action against the entity for a violation of
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this section;
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(ii) describes the government action that has burdened or will burden the person's free
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exercise of religion; and
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(iii) describes the manner in which the government action burdens or will burden the
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person's free exercise of religion.
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(b) Subsection (5)(a) does not apply if the government action alleged in the action:
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(i) is ongoing, and complying with Subsection (5)(a) will place an undue hardship on
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the person or increase the harm suffered by the person; or
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(ii) is likely to occur or reoccur before the end of the 60-day period described in
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Subsection (5)(a).
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(6) A person who prevails in an action to enforce the provisions of this section against a
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government entity is entitled to recover reasonable attorney fees and costs.
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Section 5. Section 63L-5-302 is amended to read:
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63L-5-302 . Notice of claim -- Government's right to accommodate.
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(1) A person may not bring an action under Section 63L-5-301 unless, 60 days before
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bringing the action, the person sends written notice of the intent to bring an action.
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(2) The notice shall be addressed to the government entity imposing the land use regulation,
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and shall be prepared and delivered according to the requirements of Subsection [
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63G-7-401(3)] 63G-7-401(4).
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(3) Mailing of the notice required by Subsection (1) tolls the limitation period for bringing
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an action under this chapter for a period of 75 days, starting on the day the notice was
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mailed.
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(4) Notwithstanding Subsection (1), a person may bring an action under Section 63L-5-301
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before the expiration of the 60-day notice period if:
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(a) the imposition of a substantial burden on the person's free exercise of religion by the
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land use regulation is imminent; and
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(b) the person was not informed of and did not otherwise have knowledge of the land
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use regulation in time to reasonably provide 60 days notice.
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(5)(a) A government entity provided with the notice required by Subsection (2) may
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remedy the substantial burden on the person's free exercise of religion:
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(i) before the expiration of the 60-day notice period; or
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(ii) in the case of an action properly brought according to Subsection (4), before the
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adjudication of a court hearing on the action.
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(b) Nothing in this section prevents a government entity from providing a remedy after
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these time periods.
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(6) The court may not award compensatory damages, attorney's fees, costs, or other
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expenses to a person if the substantial burden has been cured by a remedy implemented
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by the government entity according to Subsection (5)(a).
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Section 6. Effective Date.
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This bill takes effect on July 1, 2025.
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