DAR File No. 43235
This rule was published in the November 1, 2018, issue (Vol. 2018, No. 21) of the Utah State Bulletin.
Administrative Services, Risk Management
Rule R37-4
Adjusted Utah Governmental Immunity Act Limitations on Judgments
Notice of Proposed Rule
(Amendment)
DAR File No.: 43235
Filed: 10/04/2018 03:18:51 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
These amendments are mandated by Section 63G-7-605, which requires the state risk manager to conduct rulemaking in even-numbered years to address limitation on judgments calculations received from the legislative fiscal analyst. An emergency rule that was effective 07/01/2018 and published in the June 15, 2018, Bulletin under Filing No. 42934, was filed to implement the subject calculations, and these amendments are required to make the emergency rule's changes permanent. (EDITOR'S NOTE: The emergency rule under Filing No. 42934 will expire on 10/29/2018. A new corresponding 120-day (emergency) rule is needed to retain the limitation of judgment revisions until these permanent rule amendments can be rendered effective so a new emergency rule has been filed under No. 43236 and is effective as of 10/29/2018 in this issue, November 1, 2018, of the Bulletin.)
Summary of the rule or change:
These amendments will increase the limitations of judgments against governmental entities or employees as follows: a) the per person limit for personal injury will increase from $717,100 to $745,200; b) the aggregate per occurrence limit will increase from $2,455,900 to $2,552,000; and c) the per occurrence property damage limit will increase from $286,900 to $295,000.
Statutory or constitutional authorization for this rule:
- Section 63G-7-604
- Section 63G-7-605
Anticipated cost or savings to:
the state budget:
This amended rule will increase financial exposure to the State Risk Fund which insures all state agencies, public institutions of higher education, school districts, and many of the charter schools. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums to be appropriated from the general fund; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to the state budget.
local governments:
This revised rule will increase financial exposure to all political subdivisions of the state. That increased exposure will be reflected in the form of higher payments to plaintiffs for significant liability claims and will likely have the effect of increased liability premiums; however, because the impact will be based upon the nature and severity of future claims, it is impossible to project the anticipated costs of these revisions to local governments.
small businesses:
This amended rule will impact small business owners that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims.
persons other than small businesses, businesses, or local governmental entities:
This amended rule will impact persons that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty because it is based upon the nature and severity of future claims. As indicated in the state budget and local government responses above, all governmental entities within the state of Utah are subject to these judgment limit increases, irrespective of their size.
Compliance costs for affected persons:
Compliance costs will only be experienced by governmental entities in the state of Utah and will only be experienced if they or their employees cause injury or damage to third parties. It is impossible to project compliance costs for all affected governmental entities because they will be based upon the nature and severity of future claims.
Comments by the department head on the fiscal impact the rule may have on businesses:
Tani Downing has reviewed and approved the above fiscal impact analysis on businesses.
Tani Downing, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
Administrative ServicesRisk Management
Room 5120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Brian Nelson at the above address, by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at [email protected]
- Darin Dennis at the above address, by phone at 801-538-9572, by FAX at , or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
12/03/2018
This rule may become effective on:
12/10/2018
Authorized by:
Brian Nelson, Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Non - Small Businesses
The revised rule will positively impact non-small businesses that experience personal injuries or property damage from government entities in that they may receive increased damage awards and settlements; however, this impact is impossible to project with any certainty, because it is based upon the nature and severity of future claims.
Tani Downing, Executive Director of the Department of Administrative Services, has reviewed and approved this fiscal analysis.
R37. Administrative Services, Risk Management.
R37-4. Adjusted Utah Governmental Immunity Act Limitations on Judgments.
R37-4-1. Authority and Calculation Process.
Pursuant to UCA 63G-7-60[4]5(4) the Risk Manager hereby establishes [a ]new limitations of judgments, based upon the adjustments communicated by the Legislative
Fiscal Analyst.
[Accordingly, the Risk Manager has calculated the consumer
price index (CPI) for calendar years 2013 and 2015 using the
standards provided in Sections 1(f)(4) and 1 (f)(5) of the Internal
Revenue Code. Section 1(f)(4) has defined the CPI for any calendar
year to mean the average of the consumer price index as of the
close of the 12-month period ending on August 31 of such calendar
year. Section 1(f)(5) has defined "consumer price index"
to mean the index used for all-urban consumers published by the
Department of Labor. By applying these standards, the consumer
price index for the calendar year 2013 is calculated to be 232.02
and the index for 2015 is 236.75. The percentage difference between
the 2013 index and the 2015 index was then computed to be
2.0%.]
R37-4-2. New Limitation of Judgment Amounts.
[As a result of the above required calculations, t]The new limitation of judgment amounts currently required by
UCA 63G-7-604
(3)[(1)] [has been]are increased as follows,
pursuant to UCA 63G-7-605, and [is]are effective July 1, 2018[6] for claims occurring on or after that date:
1) The limit for damages for personal
injury against a governmental entity, or an employee who a
governmental entity has a duty to indemnify, is [$717,100]$745,200 for one person in any one occurrence, and [$2,455,900]$2,552,000 aggregate amount of individual awards that be may
awarded in relation to a single occurrence; and
2) The limit for property damages
(excluding damages awarded as compensation when a governmental
entity has taken or damaged private property for public use without
just compensation) against a governmental entity, or an employee
whom a governmental entity has a duty to indemnify is [$286,900]$295,000 in any one occurrence.
R37-4-3. Limitations of Judgments by Calendar Date.
The limitations on judgments are established by the date of the occurrence. The dates and dollar amounts are as follows:
1) Incident(s) occurring before July 1,
2001 - $250,000 for one person in an occurrence, $500,000 aggregate
for two or more persons in an occurrence; and $100,000 for property
damage for any one occurrence[as explained in R37-4-2(2)].
2) Incident(s) occurring on or after July
1, 2001 - $500,000 for one person in an occurrence, $1,000,000
aggregate for two or more persons in an occurrence; and $200,000
for property damage for any one occurrence[as explained in R37-4-2(2)].
3) Incident(s) occurring on or after July
1, 2002 - $532,500 for one person in an occurrence, $1,065,000
aggregate for two or more persons in an occurrence; and $213,000
for property damage for any one occurrence[as explained in R37-4-2(2)].
4) Incident(s) occurring on or after July
1, 2004 - $553,500 for one person in an occurrence, $1,107,000
aggregate for two or more persons in an occurrence, and $221,400
for property damage for any one occurrence[as explained in R37-4-2(2)].
5) Incident(s) occurring on or after July
1, 2006 - $583,900 for one person in an occurrence, $1,167,900
aggregate for two or more persons in an occurrence, and $233,600
for property damage for any one occurrence[as explained in R37-4-2(2)].
6) Incident(s) occurring on or after July
1, 2007 - $583,900 for one person in an occurrence, $2,000,000
aggregate for two or more persons in an occurrence, and $233,600
for property damage for any one occurrence[as explained in R37-4-2(2)].
7) Incident(s) occurring on or after July
1, 2008 - $620,700 for one person in an occurrence, $2,126,000
aggregate for two or more persons in an occurrence, and $248,300
for property damage for any one occurrence[as explained in R37-4-2(2)].
8) Incident(s) occurring on or after July
1, 2010 - $648,700 for one person in an occurrence, $2,221,700
aggregate for two or more persons in an occurrence, and $259,500
for property damage for any one occurrence[as explained in R37-4-2(2)].
9) Incident(s) occurring on or after July
1, 2012 - $674,000 for one person in an occurrence, $2,308,400
aggregate for two or more persons in an occurrence, and $269,700
for property damage for any one occurrence[as explained in R37-4-2(2)].
10) Incident(s) occurring on or after July
1, 2014 - $703,000 for one person in an occurrence, $2,407,700
aggregate for two or more persons in an occurrence, and $281,300
for property damage for any one occurrence[as explained in R37-4-2(2)].
11) Incident(s) occurring on or after July
1, 2016 - $717,100 for one person in an occurrence, $2,455,900
aggregate for two or more persons in an occurrence, and $286,900
for property damage for any one occurrence[as explained in R37-4-2(2)].
12) Incident(s) occurring on or after July 1, 2018 - $745,200 for one person in an occurrence, $2,552,000 aggregate for two or more persons in an occurrence, and $295,000 for property damage for any one occurrence as explained in R37-4-2(2).
KEY: limitation on judgments, risk management, Governmental Immunity Act caps
Date of Enactment or Last Substantive Amendment: [June 1, 2016]2018
Notice of Continuation: May 5, 2017
Authorizing, and Implemented or Interpreted Law: 63G-7-604(4)
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2018/b20181101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Brian Nelson at the above address, by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at [email protected]; Darin Dennis at the above address, by phone at 801-538-9572, by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.