578B-4-90178B-4-9020Liability Limitations Amendments2026 GENERAL SESSIONSTATE OF UTAHChief Sponsor: Colin W. JackSenate Sponsor: Ronald M. WintertonLONG TITLEGeneral Description:This bill creates an affirmative defense.Highlighted Provisions:This bill:creates an affirmative defense in a civil action for conduct, an omission, or a condition authorized or required by a governmental entity;provides that the affirmative defense does not apply if a person fails to comply with, or exceeds the scope of, a governmental entity's authorization or requirement, or causes harm through a defective product;clarifies when conduct, an omission, or a condition is considered to have occurred for purposes of the affirmative defense;specifies that the affirmative defense applies regardless of the theory of liability; andabrogates the common law to the extent the common law is inconsistent with the affirmative defense.Money Appropriated in this Bill:NoneOther Special Clauses:NoneUtah Code Sections Affected:ENACTS:78B-4-901, Utah Code Annotated 195378B-4-902, Utah Code Annotated 1953Be it enacted by the Legislature of the state of Utah:

Section 1. Section 78B-4-901 is enacted to read:9. Limitations on Liability Based on Governemtal Authorization 78B-4-901. Definitions.As used in this part,"governmental entity" means the same as that term is defined in Section 63G-7-102.

Section 2. Section 78B-4-902 is enacted to read:78B-4-902. Affirmative defense -- Reliance on governmental authorization -- Civil actions.(1)Except as provided in Subsection (2) or (3)(c), a person has an affirmative defense in a civil action if:(a)the conduct, omission, or condition alleged to have caused the plaintiff harm was authorized or required by:(i)statute;(ii)ordinance;(iii)administrative rule;(iv)a permit, license, or order; or(v)another written instrument that has the force of law and is issued by a governmental entity; and(b)the authorization or requirement described in Subsection (1)(a) was in effect at the time the conduct, omission, or condition occurred, which is:(i)for conduct, when the conduct is undertaken;(ii)for an omission, when the omission occurs; and(iii)for a condition, when the condition initially arises.(2)The affirmative defense described in Subsection (1) does not apply if the plaintiff proves that:(a)the person materially failed to comply with the terms or conditions of the authorization or requirement described in Subsection (1); or(b)the person's conduct exceeded the scope of the authorization or requirement described in Subsection (1).(3)This section does not:(a)create a cause of action;(b)affect the availability of another defense in a civil action; or(c)apply to any action for damages for personal injury, death, or property damages allegedly caused by a defect or defective condition in a product.(4)The affirmative defense described in this section applies in a civil action regardless of whether the civil action is based on negligence, strict liability, nuisance, or another theory of liability.(5)This section abrogates the common law to the extent the common law is inconsistent with this section.(6)If any provision of this section is held invalid, the invalidity does not affect any other provision of this section that can be given effect without the invalid provision.

Section 3. Effective Date.This bill takes effect on May 6, 2026.

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