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House Transportation delays action on bill that would limit ordinary negligence suits against agricultural vehicle owners
Summary
The Montana House Transportation Committee postponed executive action on House Bill 212 after members debated an amendment that would carve out gross-negligence exceptions to a proposed limited-liability provision for agricultural vehicles; at least one member asked for a separate hearing to examine constitutional and other legal questions.
The House Transportation Committee on Thursday postponed executive action on House Bill 212 after debate over an amendment that would change how liability is applied to owners and operators of agricultural vehicles.
Representative Byrne, who spoke to the amendment, said the change inserts language into the bill that would preserve liability for “gross negligence or willful or wanton misconduct” that causes serious bodily injury or death. Byrne said the amendment places that wording up front in the bill rather than relying on a cross-reference to Montana Code Annotated. “The limited liability pursuant to subsection 1(a) does not apply to the owner, lessee, operator of an agricultural vehicle if gross negligence or willful or wanton misconduct results in serious bodily injury or death of another person,” Byrne said.
Representative Staffman objected to acting on the change without more time to review it, saying he had seen the language for the first time in committee and wanted more information. “I’m gonna have to object,” Staffman said, adding that he was not prefiguring his final vote but wanted time to consult and hear from others about possible legal issues, including potential constitutional concerns.
Chair Durham acknowledged the concern and said it was the chair’s intent to move executive action on House Bill 212 to a later date, likely next Wednesday, to allow members time to review the amendment and consult counsel and stakeholders. The committee recessed shortly afterward.
Why it matters: The amendment changes how ordinary negligence claims involving farm equipment would be treated under the bill while keeping an explicit exception for grossly negligent conduct. Supporters said the text mirrors existing statutory language; opponents urged more time to assess legal risks.
Background and context: Byrne told the committee the language was drawn from Montana law and cited Montana Code Annotated, 2023, section 2-9-108 as the source the amendment mirrors. Byrne gave examples, saying that conduct such as driving drunk or operating a combine with cutting implements exposed could meet a gross-negligence standard, whereas ordinary driving errors such as a failed taillight or a missed signal would not.
Next steps: The committee did not take a final vote and recessed, saying executive action on House Bill 212 will be rescheduled for further consideration.
