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HB0330 • 2026
Liability Limitations Amendments
This bill passed the Legislature and reached final enactment based on the latest official action.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
This bill creates an affirmative defense.
Governor Signed
House/ received enrolled bill from Printing
House/ to Governor
Enrolled Bill Returned to House or Senate
House/ enrolled bill to Printing
Bill Received from House for Enrolling
Draft of Enrolled Bill Prepared
House/ concurs with Senate amendment
House/ received from Senate
House/ signed by Speaker/ sent for enrolling
House/ to Senate
Senate/ received from House
Senate/ signed by President/ returned to House
Senate/ to House
House/ placed on Concurrence Calendar
House/ received from Senate
Senate/ passed 3rd reading
Senate/ to House with amendments
Senate/ uncircled
Senate/ 3rd reading
Senate/ circled
Senate/ 2nd reading
Senate/ passed 2nd reading
LFA/ fiscal note publicly available for HB0330S02
LFA/ fiscal note sent to sponsor for HB0330S02
Senate/ comm rpt/ substituted
Senate/ placed on 2nd Reading Calendar
LFA/ bill assigned to staff for fiscal analysis for HB0330S02
LFA/ bill sent to agencies for fiscal input for HB0330S02
Senate Comm - Favorable Recommendation
Senate Comm - Substitute Recommendation
Senate/ to standing committee
Senate/ 1st reading (Introduced)
LFA/ fiscal note publicly available for HB0330S01
LFA/ fiscal note sent to sponsor for HB0330S01
Senate/ received from House
House/ 3rd reading
House/ circled
House/ passed 3rd reading
House/ substituted
House/ to Senate
House/ uncircled
LFA/ bill assigned to staff for fiscal analysis for HB0330S01
LFA/ bill sent to agencies for fiscal input for HB0330S01
House/ 2nd reading
House/ committee report favorable
House Comm - Favorable Recommendation
House/ to standing committee
House/ received fiscal note from Fiscal Analyst
LFA/ fiscal note publicly available for HB0330
LFA/ fiscal note sent to sponsor for HB0330
House/ 1st reading (Introduced)
House/ received bill from Legislative Research
Bill Numbered but not Distributed
LFA/ bill assigned to staff for fiscal analysis for HB0330
LFA/ bill sent to agencies for fiscal input for HB0330
Numbered Bill Publicly Distributed
This bill creates an affirmative defense.
5 78B-4-901 78B-4-902 0 Liability Limitations Amendments 2026 GENERAL SESSION STATE OF UTAH Chief Sponsor: Colin W. Jack Senate Sponsor: Ronald M. Winterton LONG TITLE General 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; specifies the circumstances in which the affirmative defense described above does not apply, including in an action for products liability; clarifies when conduct, an omission, or a condition is considered to have occurred for purposes of the affirmative defense; clarifies that lawful authorization to engage in an activity does not eliminate a duty to exercise reasonable care; specifies that the affirmative defense applies regardless of the theory of liability; and abrogates the common law to the extent the common law is inconsistent with the affirmative defense. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: ENACTS: 78B-4-901 , Utah Code Annotated 1953 78B-4-902 , Utah Code Annotated 1953 Be 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 Governmental 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 the governmental entity that issued the authorization or requirement described in Subsection (1) has determined that: (a) the person materially failed to comply with the terms or conditions of the authorization or requirement; (b) the person's conduct exceeded the scope of the authorization or requirement; or (c) the person procured the authorization or requirement by fraud. (3) This section does not: (a) create a cause of action; (b) affect the availability of another defense in a civil action; (c) apply to a products liability action; or (d) abrogate, eliminate, or reduce any common law or statutory duty to exercise reasonable care under the circumstances. (4) Subject to Subsections (2) and (3) , the affirmative defense described in this section applies to a civil action regardless of the theory of liability on which the action is based. (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 . 3-2-26 9:08 AM