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Senate narrows business liability protections to COVID-19 claims, adopts disclosure amendment
Summary
First Substitute Senate Bill 3,007 was approved after the Senate narrowed immunity to COVID-19 claims, excluded reckless and intentional conduct, and adopted an amendment requiring premises to post disclosure; debate centered on trade-offs between protecting businesses and preserving access to legal remedies.
The Utah Senate passed First Substitute Senate Bill 3,007 on April 23 after narrowing its scope to provide civil-immunity protections specifically for COVID-19 exposure claims while carving out willful and reckless conduct.
Sponsor (floor presentation) framed the legislation as an effort to reassure businesses and institutions as the economy reopens. "The thought was...we should give those businesses some assurances as they work to give their customers assurances that they will get immunity from these types of claims," the sponsor explained on the floor. The sponsor acknowledged constitutional concerns — specifically the Open Courts/"Open Courts Clause" analysis — and argued the bill addresses a social and economic evil by reducing opportunistic or frivolous litigation during an unprecedented public-health emergency.
Senator Iwamoto offered an amendment (amendment 1) requiring a disclosure or signage that premises adopt certain practices and notify patrons about the effect of the immunity; proponents said such notice is a reasonable, low-burden transparency measure, while opponents argued notice could increase litigation and undermine the bill's purpose. After floor debate that included detailed back-and-forth about whether the amendment would create new burdens, the Senate adopted the amendment as reflected in the roll-call exchange recorded on the floor.
Senators explained their votes at length on policy grounds: supporters argued the immunity encourages reopening and participation in economic activities and may improve reporting and tracing, while opponents warned it could be broad tort reform enacted in a special session without extended public hearings. The clerk recorded the Senate's final tally as 22 ayes, 6 nays, and 1 absent for the first substitute. The sponsor also placed intent language on the journal describing legislative intent that immunity (with exceptions) facilitates participation in social and economic activities and preserves reporting/tracking of COVID-19.
The bill now goes to the House for consideration.
