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Senate raises governmental-immunity caps and advances bill after amendment

Utah State Senate · February 22, 2001
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Summary

After debate about exposure during large events and school-bus catastrophes, the Senate amended SB258 to reinstate a per-person cap of $500,000 and set a $5,000,000 cap per occurrence for multiple victims; the amended bill moved to third reading.

Senators debated amendments to Senate Bill 258, a measure addressing governmental immunity and liability caps. Senator Davis, sponsor, said the bill aimed to correct low caps in the risk-management statutes and improve compensation for personal-injury judgments. Several senators warned that inadequate caps could leave victims undercompensated while excessive caps could expose government units (including cities/counties) during catastrophic events such as accidents involving school buses or large public gatherings.

Senator Hilliard expressed concern about the state’s exposure during the Olympics and proposed restoring higher caps; Senator Hallowell offered detailed amendment language that reinstated a per-person cap and provided a $5,000,000 aggregate cap for two or more persons in a single occurrence. As described in floor debate, the amendment would read in part as a $500,000 limit per person in any single occurrence, with a $5,000,000 cap for multiple victims in the same occurrence.

Senators agreed to move the bill forward for additional consideration after the amendment. The roll-call and further procedural votes recorded SB258 as amended and placed it on the third-reading calendar. Proponents said the amendment balanced better compensation for individual victims while limiting catastrophic exposure; supporters also asked staff and risk-management officials to continue technical work on the caps during the interim.