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Committee advances short bill creating affirmative defense for conduct authorized by statute, drawing sharp public pushback
Summary
Representative Colin Jack’s HB330 would allow defendants to raise an affirmative defense when the conduct that allegedly caused harm was authorized or required by statute, permit, license, rule or order. Supporters called it a guardrail against retroactive judicial policy-making; plaintiffs’ attorneys and public-interest lawyers warned it is overly broad and could bar legitimate civil claims.
Representative Colin Jack and Attorney General Derek Brown presented House Bill 330, a compact measure that would create an affirmative defense where harm results from conduct, omission or condition that "was authorized or required" by statute, permit, license, rule or similar government instrument. Sponsors framed the bill as preserving legislative and regulatory primacy and preventing courts from effectively re-writing policy.
"We're not going to be ruled by lawsuits," Representative Jack said, arguing the measure protects…
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