Utah Senate delays liability‑limit bill after broad concerns about scope and redress
Get AI-powered insights, summaries, and transcripts
SubscribeSummary
Senators circled (paused) second substitute House Bill 330, which would create an affirmative defense for entities acting under governmental authorization, after multiple lawmakers warned the language could bar lawsuits by families harmed in congregate care and other non‑energy settings.
Senate leaders moved to 'circle' — set aside for further drafting — second substitute House Bill 330 on Friday after senators from both parties warned the bill, as written, could be broader than intended and might limit victims' access to the courts.
Sponsor Senator Winterton framed the bill around energy‑sector examples, saying it would protect businesses that “acted in good faith” and complied with permits and regulatory oversight. He described the second substitute as incorporating changes from stakeholders to address early concerns.
But Senator Wyler said the measure “may go too far” and expressed concern it could shield entities such as nursing homes or youth treatment centers from liability, leaving families without a remedy if state regulators did not find noncompliance. Senator Cullimore and Senator McCall raised similar concerns, noting the draft’s reliance on agency determinations and administrative rules could shift accountability from courts to regulators.
Winterton responded that the second substitute included exceptions where an agency has determined an entity materially failed to comply, and he proposed circling the bill to give sponsors and stakeholders time to narrow its scope. The motion to circle passed on a voice vote.
The action means the Senate will not take final action on HB330 this day; sponsors said they will work with colleagues to craft language that protects critical infrastructure while preserving avenues for redress where government authorization was absent or abused.
