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House approves changes to government-immunity exceptions after contentious floor debate
Summary
House Bill 395 expands exceptions to government immunity for government employees accused of fraud, willful misconduct or intentionally knowing acts; amendments to remove language singling out child-welfare workers failed and the bill passed 47-19-9.
The Utah House passed House Bill 395 on waivers of governmental immunity after extensive floor debate over language that explicitly references child-welfare workers.
Representative Gregory Hughes, sponsor, said the bill adopts high legal standards for exceptions to immunity — including fraud and willful misconduct — and cited similar California legislation as precedent. "The language you need to be sensitive of is on line 44 it says with fraud or willful misconduct ... intentionally and knowingly," Hughes said while presenting the bill.
Representative Litback offered an amendment to delete lines that specifically reference child welfare workers, arguing the bill would "single out child welfare workers" and could jeopardize hard-won consensus and progress related to the long-running David C. lawsuit. Litback said the amendment aimed to prevent creating a perception that child-welfare staff were being treated differently from other state employees.
Hughes and other supporters said the change merely aligns statutory language across sections and would not reduce accountability; the sponsor said the bill was intended to ensure public employees remain accountable if they commit fraud or intentionally withhold evidence. Representative Mascara urged caution, noting ongoing progress in the David C. litigation and the risk of upsetting negotiated reforms.
The proposed amendment to remove the child-welfare-specific language failed on the floor. HB 395 then passed on final floor tally with 47 yes votes, 19 no votes and nine members absent. The bill is to be forwarded to the Senate for further consideration.
The floor record shows both legal and policy concerns were aired: proponents emphasized accountability and statutory consistency; opponents warned about signaling and practical effects on child-welfare workforce morale and ongoing litigation.
Next steps: HB 395 will be transmitted to the Senate for committee assignment and further action.
