Chief Sponsor: Kirk A. Cullimore

House Sponsor: Marc K. Roberts


8     General Description:
9          This bill addresses immunity related to contagious viruses.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides civil immunity related to exposure to a contagious virus; and
14          ▸     addresses relationship of the provision to other laws.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     ENACTS:
21          78B-4-517, Utah Code Annotated 1953

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78B-4-517 is enacted to read:
25          78B-4-517. Immunity related to contagious virus.
26          (1) As used in this section:
27          (a) "Contagious virus" means a virus that results in an occurrence or imminent threat of

28     an illness or health condition that poses a high probability of:
29          (i) a large number of deaths in the affected population;
30          (ii) a large number of serious or long-term disabilities in the affected population; or
31          (iii) widespread exposure to the virus that poses a significant risk of substantial future
32     harm to a large number of people in the affected population.
33          (b) "Person" means the same as that term is defined in Section 68-3-12.5.
34          (c) "Premises" means real property and any appurtenant building or structure.
35          (2) Subject to the other provisions of this section, a person is immune from civil
36     liability for damages or an injury resulting from exposure of an individual to a contagious virus
37     on the premises owned or operated by the person, or during an activity managed by the person.
38     Immunity as described in this Subsection (2) does not apply to willful misconduct or
39     intentional infliction of harm.
40          (3) This section does not modify the application of:
41          (a) Title 34A, Chapter 2, Workers' Compensation Act;
42          (b) Title 34A, Chapter 3, Utah Occupational Disease Act;
43          (c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act; or
44          (d) Title 63G, Chapter 7, Governmental Immunity Act of Utah.
45          (4) The immunity in Subsection (2) is in addition to any other immunity protections
46     that may apply in state or federal law.
47          Section 2. Effective date.
48          If approved by two-thirds of all the members elected to each house, this bill takes effect
49     upon approval by the governor, or the day following the constitutional time limit of Utah
50     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
51     the date of veto override.