S.B. 250
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 3, 2014 at 2:13 PM by lpoole. --> 1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts a provision relating to the duty of a governmental entity or employee.
10 Highlighted Provisions:
11 This bill:
12 . provides that a general duty that a governmental entity or employee owes to the
13 public does not create a specific duty to an individual member of the public unless
14 there is a special relationship between the governmental entity or employee and the
15 individual member of the public.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 63G-7-202, as last amended by Laws of Utah 2008, Chapter 395 and renumbered and
23 amended by Laws of Utah 2008, Chapter 382
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 63G-7-202 is amended to read:
27 63G-7-202. Act provisions not construed as admission or denial of liability --
28
29 personal liability.
30 (1) (a) Nothing contained in this chapter, unless specifically provided, may be
31 construed as an admission or denial of liability or responsibility by or for a governmental entity
32 or its employees.
33 (b) If immunity from suit is waived by this chapter, consent to be sued is granted, and
34 liability of the entity shall be determined as if the entity were a private person.
35 (c) No cause of action or basis of liability is created by any waiver of immunity in this
36 chapter, nor may any provision of this chapter be construed as imposing strict liability or
37 absolute liability.
38 (2) Nothing in this chapter may be construed as adversely affecting any immunity from
39 suit that a governmental entity or employee may otherwise assert under state or federal law.
40 (3) (a) Except as provided in Subsection (3)(c), an action under this chapter against a
41 governmental entity for an injury caused by an act or omission that occurs during the
42 performance of an employee's duties, within the scope of employment, or under color of
43 authority is a plaintiff's exclusive remedy.
44 (b) Judgment under this chapter against a governmental entity is a complete bar to any
45 action by the claimant, based upon the same subject matter, against the employee whose act or
46 omission gave rise to the claim.
47 (c) A plaintiff may not bring or pursue any civil action or proceeding based upon the
48 same subject matter against the employee or the estate of the employee whose act or omission
49 gave rise to the claim, unless:
50 (i) the employee acted or failed to act through fraud or willful misconduct;
51 (ii) the injury or damage resulted from the employee driving a vehicle, or being in
52 actual physical control of a vehicle:
53 (A) with a blood alcohol content equal to or greater by weight than the established
54 legal limit;
55 (B) while under the influence of alcohol or any drug to a degree that rendered the
56 person incapable of safely driving the vehicle; or
57 (C) while under the combined influence of alcohol and any drug to a degree that
58 rendered the person incapable of safely driving the vehicle;
Senate Committee Amendments 3-3-2014 lp/rhr
59
(iii) injury or damage resulted from the employee being physically or mentally59
60 impaired so as to be unable to reasonably perform the employee's job function because of:
61 (A) the use of alcohol;
62 (B) the nonprescribed use of a controlled substance as defined in Section 58-37-4 ; or
63 (C) the combined influence of alcohol and a nonprescribed controlled substance as
64 defined by Section 58-37-4 ;
65 (iv) in a judicial or administrative proceeding, the employee intentionally or knowingly
66 gave, upon a lawful oath or in any form allowed by law as a substitute for an oath, false
67 testimony material to the issue or matter of inquiry under this section; or
68 (v) the employee intentionally or knowingly:
69 (A) fabricated evidence; or
70 (B) except as provided in Subsection (3)(d), with a conscious disregard for the rights of
71 others, failed to disclose evidence that:
72 (I) was known to the employee; and
73 (II) (Aa) was known by the employee to be relevant to a material issue or matter of
74 inquiry in a pending judicial or administrative proceeding, if the employee knew of the pending
75 judicial or administrative proceeding; or
76 (Bb) was known by the employee to be relevant to a material issue or matter of inquiry
77 in a judicial or administrative proceeding, if disclosure of the evidence was requested of the
78 employee by a party to the proceeding or counsel for a party to the proceeding.
79 (d) The exception, described in Subsection (3)(c)(v)(B), allowing a plaintiff to bring or
80 pursue a civil action or proceeding against an employee, does not apply if the employee failed
81 to disclose evidence described in Subsection (3)(c)(v)(B), because the employee is prohibited
82 by law from disclosing the evidence.
83 (4) Except as permitted in Subsection (3)(c), no employee may be joined or held
84 personally liable for acts or omissions occurring:
85 (a) during the performance of the employee's duties;
86 (b) within the scope of employment; or
87 (c) under color of authority.
88 (5) A general duty that a governmental entity S. [
88a does
89 not create a specific duty to an individual member of the public, unless S. [
89a
Senate Committee Amendments 3-3-2014 lp/rhr
90
S.of the public stands so far apart from the general public that
] .S there is a special relationship90
91 between the governmental entity S. [
Legislative Review Note
as of 2-25-14 6:29 AM