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Committee sends liability‑limitation substitute to Senate after proponents argue it restores predictability
Summary
The committee unanimously recommended the second substitute of HB 330, which creates an affirmative defense for individuals and entities whose actions were authorized by statute, rule, permit or order; proponents said the change prevents litigation from effectively remaking policy via the courts, while some commenters urged narrower tailoring to preserve access to justice.
The Senate Economic Development and Workforce Services Standing Committee voted unanimously to send the second substitute of HB 330 — liability limitation amendments — to the full Senate with a favorable recommendation.
Representative Jack framed the bill as protecting regulated businesses and other actors from retroactive, novel tort claims when they have followed permits, statutes and regulatory requirements. An industry speaker used an energy‑sector analogy to warn of potential ruinous retroactive claims; Daniel Burton from the Utah Attorney General’s Office described the substitute as an affirmative defense: a defendant may raise that their conduct was authorized by law, and plaintiffs can defeat the defense by proving material noncompliance, fraud or exceeding scope. "If you follow the rules, you shouldn't be dragged into court," Burton told the committee.
Business groups including the U.S. Chamber and Utah Mining Association supported the bill on predictability grounds. The Utah Association for Justice said the sponsor addressed some concerns and that the second substitute represents progress; other individual commenters opposed what they described as overly broad defenses that could erode common‑law remedies.
After public comment and brief debate, Senator Hollins moved to recommend the second substitute favorably and the committee voted unanimously to advance the bill.
