HB2918 102ND GENERAL ASSEMBLY

LRB102 14003 LNS 19355 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2918

Introduced 2/19/2021, by Rep. Adam Niemerg

SYNOPSIS AS INTRODUCED:

New Act

Creates the COVID-19 Immunity Act. Provides that an individual, business, or unit of local government shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the individual, business, or unit of local government was in compliance or consistent with federal or State regulations, a presidential or gubernatorial executive order, or guidance applicable at the time of the alleged exposure. Provides that immunity does not apply to willful misconduct, reckless infliction of harm, or intentional infliction of harm. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the COVID-19 Immunity Act.

Section 5. Definitions. As used in this Act:

"COVID-19" means the novel coronavirus identified as SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions associated with the disease.

"Guidance" means written guidelines related to COVID-19 issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, Occupational Safety and Health Administration of the United States Department of Labor, Department of Public Health, Department of Commerce and Economic Opportunity, or any other State agency, board, or commission.

Section 10. Civil immunity. Notwithstanding any other provision of law, an individual, business, or unit of local government shall not be liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the individual, business, or unit of local government was in compliance or consistent with federal or State regulations, a presidential or gubernatorial executive order, or guidance applicable at the time of the alleged exposure. If 2 or more sources of guidance apply to the conduct or risk at the time of the alleged exposure, the individual, business, or unit of local government shall not be liable if the conduct is consistent with any applicable guidance.

Section 15. Exceptions. Immunity under Section 10 does not apply to willful misconduct, reckless infliction of harm, or intentional infliction of harm. This Act shall not affect rights and remedies under the Workers' Compensation Act.

Section 99. Effective date. This Act takes effect upon becoming law.