Utah Senate approves limited volunteer-immunity program after contentious debate

The Utah Senate on Feb. 20 passed the second substitute of Senate Bill 54, a measure that creates limited immunity and a state-backed insurance mechanism for certain volunteers, by a 17–10 vote. Sponsor Senator Taylor said the bill includes a premium-funded risk pool and statutory limits intended to protect ordinary volunteers while preserving judicial remedies for gross negligence.

“Let’s support those independent volunteers by saying we’re going to give you a small measure of protection,” Senator Taylor said, urging colleagues to back the measure to sustain volunteer programs, including those expected to help with the 2002 Olympics. Taylor and supporters pointed to a survey they said estimated potential lost volunteer hours (converted at minimum wage) that could amount to hundreds of millions of dollars if volunteer programs erode.

Opponents questioned the scope and necessity of the change. Senator Bueller said the body had not been shown concrete Utah cases of volunteers losing homes or facing catastrophic liability and cautioned against “inventing a cure for which there is no known disease.” Senator Hilliard and others warned that repealing and reenacting immunity provisions could expose long-standing statutes to legal challenge and could unintentionally encourage litigation by creating an available insurance remedy.

Senate debate included technical discussion of how the plan would operate: the bill carries a fiscal note intended to underwrite premiums (Senator Taylor referenced a $500,000 figure to set up the program and purchase coverage). Sponsors said they had worked with insurance-market participants and trial-lawyer suggestions to design a market-assisted program that would place the primary liability with a private insurer while the state would arrange access to coverage.

Those supporting the bill said the measure is narrowly targeted — with restrictions and definitions to limit immunity to volunteers acting in good faith — and can be repealed if it proves problematic. Those opposing it said narrower statutory fixes could offer protection for specific programs (for example, legislation already proposed for food banks) without rewriting long-standing immunity chapters.

The Senate vote sent the second substitute SB 54 to the House with 17 ayes, 10 nays, and 2 recorded as absent. The bill’s fiscal and operational details will be part of forthcoming House consideration.