PRINTER'S NO. 1777
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1194
Session of
2020
INTRODUCED BY STEFANO, PHILLIPS-HILL, KILLION, ARNOLD, MASTRIANO
AND ARGALL, JUNE 16, 2020
REFERRED TO JUDICIARY, JUNE 16, 2020
AN ACT
Providing for certain civil immunity relating to COVID-19
exposure and for limitation of time to bring suit.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Exposure Liability Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business services." Any lawful activity conducted by a
trade, business or not-for-profit organization.
"COVID-19." The coronavirus disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"COVID-19 emergency declaration." The proclamation of
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disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal of
the state of disaster emergency.
"Gross negligence." An act or omission:
(1) that, when viewed from the standpoint of the actor
at the time of its occurrence, involves an extreme degree of
risk, considering the probability and magnitude of the
potential harm to others; and
(2) of which the actor has actual, subjective awareness
of the risk involved, but nevertheless proceeds with
conscious indifference to the rights, safety or welfare of
others.
"Premises." A building, structure, dwelling or real property
that may be entered or used by persons for business, public use,
lodging or the storage of goods, including a vehicle, aircraft
or watercraft used for the lodging of persons or carrying on of
business.
Section 3. Civil immunity.
A person that attempts, in good faith, to adhere to the
COVID-19 emergency declaration, the Governor's 20200319 TWW
COVID-19 Business Closure Order or any other executive order
relating to COVID-19, or any guidance issued by the Department
of Health or the Secretary of Health relating thereto, shall not
be liable for damages, injury or death resulting from or related
to actual or alleged exposure to COVID-19 in the course of or
through the performance or provision of business services absent
clear and convincing evidence of gross negligence.
Section 4. Limitation of time.
Notwithstanding any other provision of law to the contrary, a
person must bring suit for an alleged injury resulting from
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exposure to COVID-19 not later than one year after the date the
cause of action accrues.
Section 5. Construction.
Nothing in this act shall be construed to:
(1) Create a new cause of action or expand any liability
otherwise imposed, limit any defense or affect the
applicability of any law that affords greater protections to
defendants than are provided in this act.
(2) Preclude an otherwise valid claim for worker's
compensation benefits or collateral source payment under
State law.
Section 6. Expiration.
(a) General rule.--Except as otherwise provided in
subsection (b), this act shall expire two years after the COVID-
19 disaster declaration is terminated or expires under 35
Pa.C.S. ยง 7301(c)(relating to general authority of Governor).
(b) Exception.--Any civil liability arising out of an act or
omission or related to an injury that occurred during the
operation of this act shall be subject to the provisions of this
act in perpetuity.
Section 7. Effective date.
This act shall take effect immediately.
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