H.B. 201 - Tolling Amendments

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Bill

Tolling Amendments

Number: H.B. 201 (2021GS)
Sponsor: Rep. Abbott, N.
Final action: Governor Signed 3/11/2021
Outcome: Became law — signed by Gov. Spencer J. Cox

Summary

This bill addresses the tolling of time limitations for certain individuals.

What it does

This bill:
provides that a cause of action that is tolled, because the individual is under 18 years old or mentally incompetent, includes any claim for general or special damages or any claim for which the individual's parent or guardian may be financially responsible for the general or special damages; and
makes technical and conforming changes.

Every vote on this bill

1/27/2021House Comm - Amendment Recommendation # 1

House Judiciary Committee

9 0 3not eligible / no record

1/27/2021House Comm - Favorable Recommendation

House Judiciary Committee

9 0 3not eligible / no record

2/3/2021House/ passed 3rd reading

Senate Secretary

70 0 5YEA

2/8/2021Senate Comm - Favorable Recommendation

Senate Judiciary, Law Enforcement, and Criminal Justice Committee

3 0 4not eligible / no record

2/11/2021Senate/ passed 2nd reading

Senate 3rd Reading Calendar

28 0 1not eligible / no record

2/12/2021Senate/ passed 3rd reading

Senate President

27 0 2not eligible / no record

Bill text

enrolled version · official source

TOLLING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor:
Todd D. Weiler
LONG TITLE
General Description:
This bill addresses the tolling of time limitations for certain individuals.
Highlighted Provisions:
This bill:
▸ provides that a cause of action that is tolled, because the individual is under 18 years
old or mentally incompetent, includes any claim for general or special damages or
any claim for which the individual's parent or guardian may be financially
responsible for the general or special damages; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78B-2-108
, as renumbered and amended by Laws of Utah 2008, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
78B-2-108
is amended to read:
78B-2-108.
Effect of disability -- Minority or mental incompetence -- Damages.
[
A person may not bring an action while under the age of majority or
]
(1) An individual may not bring a cause of action while the individual is:
(a) under 18 years old; or
(b)
mentally incompetent without a legal guardian.
(2)
During the time [
the person
]
that an individual
is underage or
mentally
incompetent, the statute of limitations for a cause of action other than for the recovery of real
property may not run.
(3) A cause of action under this section includes any claim:
(a) for general or special damages; or
(b) for which a parent or legal guardian of an individual described in Subsection (1)
may be financially responsible for the payment of general or special damages.