Senate sets aside second substitute to HB 5,001 on data privacy; senators cite need for more review

The Utah Senate voted to circle (reserve/postpone) the second substitute to House Bill 5,001, a measure with amendments intended to limit collection, storage and use of COVID‑19 related data. Senator Gilda, speaking for the bill, said earlier committee debate produced a first substitute that raised penalties from a misdemeanor to a felony and restricted certain location collection and contract procedures; she said the version before the Senate included a new subsection 4 that would broadly prohibit collection of data through app processes and that this subsection was new to sponsors.

Senator Brammer moved to circle the measure, arguing the Senate is a deliberative body and that the bill language in the floor packet had emerged only hours earlier. He urged robust public debate and committee consideration, noting concerns that the penalty structure and the new subsection had not been publicly reviewed. Senator Weiler voiced a related concern: as drafted, the state might have to pay a contractor the full contract amount without receiving usable product if the bill’s restrictions were enacted. Senators with committee experience (including Winter King) said they had not seen the current floor version and supported pausing the measure so stakeholders and counsel can work through the changes.

The motion to circle carried and the Senate reserved the second substitute to HB 5,001 for later consideration. The president then appointed senators to notify the governor and the House that the Senate had completed its work in the special session and the Senate adjourned.