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.


LRB102 14003 LNS 19355 b

 

 

A BILL FOR

 

HB2918LRB102 14003 LNS 19355 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5COVID-19 Immunity Act.
 
6    Section 5. Definitions. As used in this Act:
7    "COVID-19" means the novel coronavirus identified as
8SARS-CoV-2, the disease caused by SARS-CoV-2, and conditions
9associated with the disease.
10    "Guidance" means written guidelines related to COVID-19
11issued by the Centers for Disease Control and Prevention of
12the United States Department of Health and Human Services,
13Occupational Safety and Health Administration of the United
14States Department of Labor, Department of Public Health,
15Department of Commerce and Economic Opportunity, or any other
16State agency, board, or commission.
 
17    Section 10. Civil immunity. Notwithstanding any other
18provision of law, an individual, business, or unit of local
19government shall not be liable in a civil action claiming an
20injury from exposure or potential exposure to COVID-19 if the
21act or omission alleged to violate a duty of care of the
22individual, business, or unit of local government was in

 

 

HB2918- 2 -LRB102 14003 LNS 19355 b

1compliance or consistent with federal or State regulations, a
2presidential or gubernatorial executive order, or guidance
3applicable at the time of the alleged exposure. If 2 or more
4sources of guidance apply to the conduct or risk at the time of
5the alleged exposure, the individual, business, or unit of
6local government shall not be liable if the conduct is
7consistent with any applicable guidance.
 
8    Section 15. Exceptions. Immunity under Section 10 does not
9apply to willful misconduct, reckless infliction of harm, or
10intentional infliction of harm. This Act shall not affect
11rights and remedies under the Workers' Compensation Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.