Download Zipped Introduced WP 8.0 SB0183.ZIP 8,501 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
5 Lyle W. Hillyard
6 John L. Valentine
Howard C. Nielson
Robert M. Muhlestein
Terry R. Spencer
7 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ELIMINATING CERTAIN
8 EXCEPTIONS TO THE GOVERNMENT'S WAIVERS OF IMMUNITY; CHANGING THE
9 TIME PERIOD FOR FILING CLAIMS; MODIFYING THE DAMAGE CAPS; AND MAKING
10 TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
13 63-30-10, as last amended by Chapters 159 and 264, Laws of Utah 1996
14 63-30-12, as last amended by Chapter 164, Laws of Utah 1998
15 63-30-34, as last amended by Chapter 76, Laws of Utah 1991
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 63-30-10 is amended to read:
18 63-30-10. Waiver of immunity for injury caused by negligent act or omission of
19 employee -- Exceptions.
20 Immunity from suit of all governmental entities is waived for injury proximately caused
21 by a negligent or intentional wrongful act or omission of an employee committed within the scope
22 of employment [
24 (1) the exercise or performance or the failure to exercise or perform a discretionary
30 issue, deny, suspend, or revoke any permit, license, certificate, approval, order, or similar
35 if malicious or without probable cause;
42 place of legal confinement, except in cases where gross negligence or recklessness can be
45 existing in connection with an abandoned mine or mining operation, or any activity authorized by
46 the School and Institutional Trust Lands Administration or the Division of Forestry, Fire and State
49 of fog;
53 the requirements of Section 41-6-14 ;
55 alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them;
57 structure, dam, reservoir, or other public improvement;
59 (a) providing emergency medical assistance;
60 (b) fighting fire;
61 (c) regulating, mitigating, or handling hazardous materials or hazardous wastes;
62 (d) emergency evacuations; or
63 (e) intervening during dam emergencies; or
65 pursuant to Title 73, Chapter 5a, Dam Safety, or Title 73, Chapter 10, Board of Water Resources
66 - Division of Water Resources, which immunity is in addition to all other immunities granted by
68 Section 2. Section 63-30-12 is amended to read:
69 63-30-12. Claim against state or its employee -- Time for filing notice.
70 A claim against the state, or against its employee for an act or omission occurring during
71 the performance of the employee's duties, within the scope of employment, or under color of
72 authority, is barred unless notice of claim is filed with the attorney general within [
73 years after the claim arises, or before the expiration of any extension of time granted under Section
74 63-30-11 , regardless of whether or not the function giving rise to the claim is characterized as
76 Section 3. Section 63-30-34 is amended to read:
77 63-30-34. Limitation of judgments against governmental entity or employee --
78 Insurance coverage exception.
79 (1) (a) [
80 damages for personal injury against a governmental entity, or an employee whom a governmental
81 entity has a duty to indemnify, exceeds [
83 for general noneconomic damages to that amount.
84 (b) A court may not award judgment of more than [
85 noneconomic damages for injury or death to one person regardless of whether or not the function
86 giving rise to the injury is characterized as governmental.
87 (c) Except as provided in Subsection (2), if a judgment for property damage against a
88 governmental entity, or an employee whom a governmental entity has a duty to indemnify, exceeds
90 regardless of whether or not the function giving rise to the damage is characterized as
92 (2) The damage limits established in this section do not apply to:
93 (a) damages awarded as compensation when a governmental entity has taken or damaged
94 private property for public use without just compensation[
95 (b) awards for economic losses in personal injury or wrongful death cases.
Legislative Review Note
as of 2-5-99 2:56 PM
This legislation raises the following constitutional or statutory concerns:
The Utah Supreme Court in Condemarin v. University Hospital (1989) held the cap in the
Governmental Immunity Act unconstitutional. At that time the cap was at $100,000 for the entire
claim. This bill raises that cap significantly and also limits the cap to noneconomic damages.
With these changes the statute may withstand a constitutional attack.