Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 364 (2025GS)

Sponsor

Rep. Christofferson, Kay J.

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• provides that, in certain circumstances, outside legal counsel is immune from suit to the same extent and on the same basis as an attorney who is an employee of a municipality; and
• adds a coordination clause to clarify a technical change made to Section 63G-7-201 in this bill and H.B. 48, Wildland Urban Interface Modifications, if both bills pass and become law.

Every vote on this bill

Bill text

3
63G-7-102
Governmental Immunity Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends the Governmental Immunity Act of Utah (act).
Highlighted Provisions:
This bill:
provides that, for purposes of the act, an independent contractor of a governmental entity 
is an employee of the governmental entity if the independent contractor:
is a law firm or attorney hired by the governmental entity; and
performs legal work related to a governmental function on behalf of the governmental 
entity; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63G-7-102
, as last amended by Laws of Utah 2023, Chapter 16
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63G-7-102
 is amended to read:
63G-7-102. Definitions.
As used in this chapter:
(1)
"Arises out of or in connection with, or results from," when used to describe the 
relationship between conduct or a condition and an injury, means that:
(a)
there is some causal relationship between the conduct or condition and the injury;
(b)
the causal relationship is more than any causal connection but less than proximate 
cause; and
(c)
the causal relationship is sufficient to conclude that the injury originates with, flows 
from, or is incident to the conduct or condition.
(2)
"Claim" means any asserted demand for or cause of action for money or damages, 
whether arising under the common law, under state constitutional provisions, or under 
state statutes, against a governmental entity or against an employee in the employee's 
personal capacity.
(3)
(a)
"Employee" includes:
(i)
(A)
a governmental entity's officers, employees, servants, trustees, or 
commissioners;
 or
(B)
an independent contractor of a governmental entity, if the independent 
contractor is a law firm or attorney hired by the governmental entity to perform 
legal work related to a governmental function on behalf of the governmental 
entity;
(ii)
a member of a governing body;
(iii)
a member of a government entity board;
(iv)
a member of a government entity commission;
(v)
members of an advisory body, officers, and employees of a Children's Justice 
Center created in accordance with Section 
67-5b-102
;
(vi)
a student holding a license issued by the State Board of Education;
(vii)
an educational aide;
(viii)
a student engaged in an internship under Section 
53B-16-402
 or 
53G-7-902
;
(ix)
a volunteer, as defined in Section 
67-20-2
; 
and
or
(x)
a tutor.
(b)
"Employee" includes all of the positions identified in Subsection 
(3)(a)
, whether or 
not the individual holding that position receives compensation.
(c)
"Employee"
Except as provided in Subsection (3)(a)(i)(B), "employee"
 does not 
include an independent contractor.
(4)
"Governmental entity" means:
(a)
the state and its political subdivisions; and
(b)
a law enforcement agency, as defined in Section 
53-1-102
, that employs one or more 
law enforcement officers, as defined in Section 
53-13-103
.
(5)
(a)
"Governmental function" means each activity, undertaking, or operation of a 
governmental entity.
(b)
"Governmental function" includes each activity, undertaking, or operation performed 
by a department, agency, employee, agent, or officer of a governmental entity.
(c)
"Governmental function" includes a governmental entity's failure to act.
(6)
"Injury" means death, injury to a person, damage to or loss of property, or any other 
injury that a person may suffer to the person or estate, that would be actionable if 
inflicted by a private person or the private person's agent.
(7)
"Personal injury" means an injury of any kind other than property damage.
(8)
"Political subdivision" means any county, city, town, school district, community 
reinvestment agency, special improvement or taxing district, special district, special 
service district, an entity created by an interlocal agreement adopted under 
Title 11, 
Chapter 13, Interlocal Cooperation Act
, or other governmental subdivision or public 
corporation.
(9)
"Property damage" means injury to, or loss of, any right, title, estate, or interest in real 
or personal property.
(10)
"State" means the state of Utah, and includes each office, department, division, agency, 
authority, commission, board, institution, hospital, college, university, Children's Justice 
Center, or other instrumentality of the state.
(11)
"Willful misconduct" means the intentional doing of a wrongful act, or the wrongful 
failure to act, without just cause or excuse, where the actor is aware that the actor's 
conduct will probably result in injury.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
1-30-25 9:15 AM