Gianforte Signs Liability Protections Bill Into Law

Montana Gov. Greg Gianforte signed Senate Bill No. 65 into law Wednesday, Feb. 10. The new law shields businesses, health care providers, nonprofit organizations and places of worship from coronavirus-related lawsuits, provided they take measures to protect individuals from COVID-19 and follow public health guidelines.

“On Jan. 5, I addressed how critical it is to protect businesses, nonprofit organizations, places of worship and health care providers from lawsuits if they make a good faith effort to protect individuals from the spread of the coronavirus and follow clear public health guidelines,” Gianforte said. “And the legislature delivered.”

Gianforte continued, “On Jan. 5, Sen. Fitzpatrick introduced SB 65, and within a month, it cleared the Legislature with bipartisan support. I want to thank every legislator — Republican and Democrat — who recognized the importance of protecting businesses, nonprofits, and others that protect their workers, their customers, and their clients.”

Sen. Fitzpatrick, the bill’s primary sponsor, joined Gianforte with Senate President Mark Blasdel, Speaker of the House Wylie Galt, and Rep. Mark Noland in celebrating the bill’s signing.

“As an attorney, I know how important it is for folks to be protected from frivolous lawsuits. If you’re taking reasonable and responsible precautions to protect your employees, your members, your customers from COVID-19, you shouldn’t have to worry about unnecessary litigation. At the same time, this bill doesn’t give anyone a free pass and it makes clear that Montanans are protected from bad actors. There’s no immunity from lawsuits in the event someone is intentionally or recklessly creating a situation that leads to serious COVID-19 problems,” Fitzpatrick said.

“It’s fitting that the first major piece of legislation signed by our new Governor is key to getting Montanans back to work and kickstarting our recovery from the economic devastation of the COVID-19 pandemic,” Senate President Mark Blasdel (R., SD-4) said.

Organizations representing Montana businesses welcomed Governor Gianforte’s signing of SB 65.

Todd O’Hair, president and CEO of the Montana Chamber of Commerce, said: “Liability protections related to COVID-19 emerged as a top issue for the Montana Chamber and the businesses we represent within weeks of the pandemic arriving in our state.”

Brad Griffin, president of Montana Retail Association and Montana Restaurant Association, said “Restaurants and retailers across Montana have worked hard over the last year to keep their doors open while also protecting the health of their staff and customers. SB 65 is a critical to getting our economy going again.”

Steve Snezek, executive director of Montana Building Industry Association, said “Since the start of the pandemic, home building professionals have taken seriously their duties to protect their clients’ and employees’ health as we work in to keep folks safe and comfortable at home. SB 65 allows home builders to continue their work for Montanans with the assurance that observing best practices for COVID safety are a defense from unnecessary litigation.”

Cary Hegreberg, president and CEO of the Montana Bankers Association, said, “We are extremely grateful to the Legislature and to Gov. Gianforte for recognizing the importance of getting this bill passed and signed into law as quickly as possible. Bankers throughout the state have worked tirelessly for a year now working with families and business owners struggling to make financial ends meet, and SB 65 goes a long way in minimizing liabilities for just trying to do the right thing.”

Ronda Wiggers, on behalf of National Federation of Independent Business, Montana, said, “Montana’s Main Street businesses breathed a collective sigh of relief after Gov. Gianforte signed SB 65 into law today. The Governor’s action sends a clear message that he will not allow Montana small businesses to become victims of frivolous lawsuits. I commend Senator Fitzpatrick for shepherding this vital piece of legislation through the Legislature, and thank the Governor for signing it into law. Small businesses can now turn back to their normal, everyday struggles of keeping their doors open and working towards Montana’s economic recovery.”