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House approves amendment to Governmental Immunity Act indemnifying state employees in many civil‑rights cases
Summary
Senate Bill 207 passed the House 55–16; the bill seeks to indemnify state employees against punitive damages except for fraudulent or malicious conduct, addressing concerns raised after the 1983 Civil Rights Act application to state employees.
The Utah House approved Senate Bill 207, an amendment to the Governmental Immunity Act that would indemnify state employees against punitive damage awards arising from claims under federal civil‑rights provisions, unless employee conduct is fraudulent or malicious. The measure passed the House 55–16.
Sponsors said the bill closes a perceived loophole opened by the 1983 federal statute that could expose individual state employees to punitive damages. "What Senate Bill 207 tries to do is close that loophole by indemnifying the state employee for actions that are not fraudulent nor malicious," a sponsor said. Supporters argued employees — particularly supervisors — were nervous about potential exposure.
Opponents warned indemnification could invite larger punitive awards and increase state fiscal exposure. A floor critic observed that if the state insures punitive‑damage exposure, awards could rise and ‘‘the budget skyrocket.’’ Supporters noted that since 1983 no awards under that provision had been recorded in Utah, and risk management considered significant awards unlikely, but acknowledged the need to reassure employees.
After floor debate the bill was publicly read and signed by the presiding officers and entered in the House journal for February 1991. The House's recorded vote was 55 in favor and 16 opposed; Senate processing will follow per legislative process.
