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Utah House approves broad rewrite of Governmental Immunity Act
Summary
The House passed Senate Bill 55 on March 3, 2004, a comprehensive repeal and rewrite of the state's Governmental Immunity Act after months of task-force negotiation; supporters said it clarifies notice rules and restores predictability for governments, while proponents argued it expands access for claimants. Vote: 67-1.
Representative Curtis, the floor sponsor, told the House that Senate Bill 55 is the product of a large task force and a multi-year effort to modernize the state's governmental immunity law. "The task force was composed of 27 lawyers and 2 non lawyers who, together, represented virtually all stakeholders in the governmental immunity areas," Curtis said, describing a process of repeated meetings and compromise.
The bill repeals and reenacts the current act, clarifying key procedural rules and proposing several substantive changes. Curtis said the bill clarifies the notice-of-claims provision and requires the creation of a database identifying the proper recipient and address for notices of claim that will be accessible through the Department of Commerce. He also said the bill codifies the discovery rule for when the statute of limitations begins to run and shortens the time for a governmental entity to respond to a claim from 90 to 60 days.
Supporters, including Representative Becker, argued the bill balances claimant access with protection for government decision-making. "SB 55 has been well negotiated by those representing virtually all of the stakeholders in the governmental immunity arena," Becker said on the floor, calling it a "trade off and balancing of the interests of plaintiffs and those of governmental entities."
Representatives of cities, counties and claimant groups testified during the interim, Curtis said, and the sponsor summarized testimony from the Utah Trial Lawyers Association, the Utah League of Cities and Towns and other stakeholders. Curtis described one policy choice the bill addresses by abolishing the court-created distinction between proprietary and governmental functions, which he said had proved unpredictable in litigation.
Advocates for the bill said it will make it more likely that injured parties can pursue claims they previously lost for technical notice failures, while retaining protections for policy decisions made by legislatures rather than courts. "It is a complex bill," Curtis said. "Senate Bill 55 represents a balance between the interests of potential claimants as a whole and governmental entities and their employees."
The House voted to approve first substitute Senate Bill 55 by a roll-call of 67 yes and 1 no. The bill will be returned to the Senate for further consideration.
What happens next: The bill, as passed by the House, will go back to the Senate for concurrence and, if agreed, proceed to enrollment and signature by the presiding officers before becoming law or returning for further action.
