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H.B. 232

             1     

REIMBURSEMENT OF LEGAL FEES AND

             2     
COSTS TO EDUCATORS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Matt Throckmorton

             6      AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT EDUCATORS MAY
             7      RECOVER ATTORNEYS' FEES AND COSTS IN ACTIONS AGAINST THEM THAT ARE
             8      DISMISSED OR RESULT IN FINDINGS FAVORABLE TO THE EDUCATOR.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      ENACTS:
             11          53A-6-503, Utah Code Annotated 1953
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 53A-6-503 is enacted to read:
             14          53A-6-503. Reimbursement of legal fees and costs to educators.
             15          (1) As used in this section:
             16          (a) "Action" means any action, except those referred to in Section 63-30a-2 , brought
             17      against an educator by an individual or entity other than:
             18          (i) the entity who licenses the educator; and
             19          (ii) the school district that employs the educator or employed the educator at the time of
             20      the alleged act or omission.
             21          (b) "Educator" means an individual who holds or is required to hold a license under this
             22      chapter and is employed by a school district located within the state.
             23          (c) "School district" includes the Schools for the Deaf and the Blind and the state's applied
             24      technology centers.
             25          (2) Except as otherwise provided in Section 63-30a-2 , an educator is entitled to recover
             26      reasonable attorneys' fees and costs incurred in his defense against an individual or entity who
             27      initiates an action against the educator if:

             28          (a) the action is brought for any act or omission of the educator during the performance
             29      of his duties within the scope of his employment; and
             30          (b) it is dismissed or results in findings favorable to the educator.
             31          (3) An educator who recovers under this section is also entitled to recover reasonable
             32      attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees and
             33      costs allowed under Subsection (2).




Legislative Review Note
    as of 1-11-00 3:04 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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