Arkansas 2021 Regular Session Status: In Committee

SB 17 — CONCERNING BUSINESS LIABILITY FOR A PERSON EXPOSED TO CORONAVIRUS 2019 (COVID-19); AND TO DECLARE AN EMERGENCY.

Last action — Sine Die adjournment

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

  • SB 17 Current pdf

How this bill changes current law

7 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes a new subchapter providing civil liability immunity to businesses during the COVID-19 pandemic.

  • Arkansas Code Title 16, Chapter 120

    Subchapter 11 — Coronavirus 2019 (COVID-19) Tort Immunity

    A new subchapter is created to establish COVID-19 tort immunity.

  • 16-120-1101

    The purpose of this subchapter is to protect businesses that open or remain open while COVID-19 is being spread in the community.

    Defines the purpose of the new subchapter.

  • 16-120-1102

    As used in this subchapter: (1) 'COVID-19' means coronavirus 2019 (COVID-19) or the virus that causes coronavirus 2019 (COVID-19); (2) 'Person' means an individual, entity, organization, group, association, partnership, business, institution of learning, commercial concern, corporation, or company; and (3) 'Premises' means real property and any building or structure appurtenant to real property.

    Establishes definitions relevant to the new tort immunity provisions.

  • 16-120-1103

    A person or a person's employee, agent, or officer is immune from civil liability for damages or injuries caused by or resulting from exposure of an individual to COVID-19 on business premises owned or operated by the person or during a business activity managed by the person.

    Grants civil liability immunity regarding COVID-19 exposure for businesses.

  • 16-120-1104

    The immunity from civil liability under this subchapter: (1) Is in addition to any other immunity provided by state or federal law; and (2) Applies to a claim brought: (A) In state or federal court; or (B) Before the Arkansas State Claims Commission.

    Clarifies that the immunity complements existing legal immunities and its applicability.

  • 16-120-1105

    The immunity from civil liability under this subchapter does not apply to: (1) Willful, reckless, or intentional misconduct resulting in injury or damages to another person; or (2) Workers' compensation benefits paid by or on behalf of an employer to an employee under the Workers' Compensation Law, § 11-9-101 et seq., or a comparable workers' compensation law of another jurisdiction.

    Lists exceptions to the liability immunity.

  • 16-120-1106

    It is presumed that a person or a person's employee, agent, or officer is not committing willful, reckless, or intentional misconduct under this subchapter if the person or the person's employee, agent, or officer is: (1) Substantially complying with health and safety directives or guidelines issued by the Governor or the Secretary of the Department of Health concerning COVID-19; or (2) Acting in good faith while attempting to comply with health and safety directives or guidelines issued by the Governor or the secretary concerning COVID-19.

    Establishes a presumption of compliance with health guidelines as a defense against misconduct claims.

Action History

  1. Sine Die adjournment

  2. Withdrawn by author.

  3. Withdrawn from Committee and placed on calendar.

  4. Read first time, rules suspended, read second time, referred to PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE

  5. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 136 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (136)

136 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare labor
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Frequently asked questions

Who sponsors SB 17?
SB 17 is sponsored by Dan Sullivan and Gonzales.
What is the current status of SB 17?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 17?
Track SB 17 free on One Click Politics — get push/email alerts when it moves.

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