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Utah Senate rejects competing workers—compensation reform bill in close vote

Utah State Senate · February 25, 1994
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Summary

Senate Bill 2 24, proposed by Senator Lane Beatty to revise apportionment of fault in workers' compensation cases, failed on Feb. 25, 1994, on a 14-15 vote after extended debate with SB 2 18. Sponsors argued the measure clarifies fault allocation while opponents warned of constitutional and fund risks.

Senate Bill 2 24, a workers' compensation and liability reform proposal by Senator Lane Beatty, failed in the Utah State Senate on Feb. 25, 1994, losing a recorded roll-call 14-15. The bill, presented for final consideration under suspension of the rules, would have provided statutory language for apportioning portions of fault among parties while maintaining employer immunity from direct damage suits.

Beatty told the Senate that his bill "provides for a portion of fault" that is assigned to each party and stressed that apportionment "does not of itself subject an employer to civil liability." He said the change was meant to clarify who caused what percentage of an accident without exposing the workers' compensation fund to new actions.

Opponents, including backers of SB 2 18, argued the Sullivan decision and subsequent case law require a legislative fix that returns the law to the 1986 balance; other senators raised constitutional concerns about abrogating common-law remedies without equivalent guarantees and warned of litigation complexity and higher litigation costs if employers regained exposure. One senator told the floor that previous reforms in 1986 were part of a negotiated trade to preserve the fund and that changing the balance now could jeopardize the no-fault system.

On the final roll-call the chair announced 14 ayes and 15 nays, and the bill failed to receive the majority required for passage. Proponents said aspects of the policy debate will continue, and both sides signaled openness to further refinement in the House or in future sessions.