House Transportation committee delays action on bill after sponsor inserts liability language for farm vehicles

The Montana House Transportation Committee paused executive action on “House Bill 2 12” after the bill’s sponsor offered an amendment that places liability language for agricultural vehicles directly into the bill.

Representative Byrne, the sponsor, told the committee the amendment lifts language from Montana Code Annotated and adds it into the bill so readers do not have to search the code. The inserted language, Byrne said, clarifies that limited liability under subsection 1(a) does not apply to the owner, lessee or operator of an agricultural vehicle if gross negligence or wanton misconduct results in serious bodily injury or death. Byrne offered an example to illustrate the difference in standards: “if you get drunk or, for example, you’re taking your combine and running it down the highway with the blade still on…the cutter still on the front of it, taking up the entire highway, and run into [a] school bus,” that would constitute gross negligence or wanton misconduct, he said.

Representative Staffman objected to moving forward immediately. “I’m gonna have to object,” he said, noting he had just seen the amendment and that it may raise constitutional questions. Staffman said he did not object to adding the amendment to the bill but asked for additional time to consult outside counsel and stakeholders before the committee took final action.

Chair Durham said it was the chair’s intent to move executive action on the measure to a later date and indicated the committee would likely take the item up next Wednesday. No formal vote on the bill occurred before the recess.

Why it matters: The amendment changes who can pursue ordinary negligence claims against owners or operators of farm equipment by preserving recoveries only in cases of gross negligence or wanton misconduct that result in serious injury or death. Supporters said the language already exists in Montana Code and the amendment simply makes it easier to find in the bill text. Opponents asked for more time to review potential constitutional implications and the practical effect of limiting ordinary negligence claims.

What’s next: Chair Durham scheduled the item for further executive action next Wednesday; committee staff were asked to circulate the amendment text and underlying code citation to members before that meeting.

Sources: Statements on the record from Representative Byrne and Representative Staffman during the committee meeting; sponsor’s reference to Montana Code Annotated.