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Senate clarifies COVID‑19 immunity law to include government entities
Summary
Senators approved a technical amendment clarifying that COVID‑19 liability protections enacted in May apply explicitly to government entities and incorporate provisions of the Governmental Immunity Act; supporters said the change does not add gross‑negligence protection and does not change workers'‑compensation remedies.
Senate Bill 5003, a technical amendment to the May COVID‑19 liability protections, passed the Utah Senate on June 18 after debate about the scope of immunity. Sponsor Sen. Cullimore told colleagues the change explicitly extends the previously enacted immunity to governmental entities and incorporates the Governmental Immunity Act's existing standards.
"This amends the bill that we passed in the special session in May which provides immunity for COVID‑related claims but excludes that immunity for reckless or intentional conduct," Cullimore said, adding the current amendment clarifies coverage for government bodies.
During floor debate senators asked whether the bill shields gross negligence or affects workers'‑compensation remedies. Cullimore and other supporters said gross negligence was not added to the bill and that workers'‑compensation law remains the exclusive remedy for employees injured at work, a point supporters cited to justify that the amendment was not intended to curtail established employee protections.
The Senate voted to pass SB 5003 (27 in favor, 2 opposed). The bill will be sent to the House for consideration.
