{"id":"DUT-NE-019","kind":"duty","level":"state","jurisdiction":"Nebraska","state":"NE","metro":"","industry":"","agency":"","eco":"","issuer":"Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts","authority":"Legislative Bill 139, introduced by Senators Briese and Williams; emergency clause (§ 10)","instrument":"Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9)","title":"A bill for an act relating to public health and welfare; to adopt the COVID-19 Liability Act; to adopt the Health Care Crisis Protocol Act; and to declare an emergency","dateIssued":"2021-05-25","effective":"2021-05-26 (emergency clause: \u0027this act takes effect when passed and approved according to law\u0027; codified § 25-3603 fixes the date as May 26, 2021)","end":"standing (no sunset in the enacted text)","startDate":"2021-05-26","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["DUTY","COND"],"addressees":["every \u0027Person\u0027: natural persons, every form of business entity, the State and its subdivisions, schools, religious and charitable organizations, and their employees, officers, agents, contractors and volunteers (sec. 2(3))"],"clause":"A person may not bring or maintain a civil action... from exposure or potential exposure to COVID-19 on or after the effective date of this act if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.","enforcement":"Loss of the immunity: a business not in substantial compliance with the applicable CDC, CMS or OSHA guidance remained exposed to suit","functions":[],"notes":"Conditioned every business\u0027s immunity from COVID-19 exposure suits on \u0027substantial compliance with any federal public health guidance that was applicable to the person, place, or activity,\u0027 with \u0027Federal public health guidance\u0027 defined in sec. 2(2) as \u0027written or oral guidance related to COVID-19 issued by\u0027 the CDC, CMS \u0027or... The federal Occupational Safety and Health Administration\u0027; the Legislature thereby made compliance with the federal health guidance the legal standard of care from May 26, 2021.","sourceUrl":"https://nebraskalegislature.gov/FloorDocs/107/PDF/Slip/LB139.pdf","snapshot":"","fileExists":true,"fileBytes":55420,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-NE","url":"/library/DUT-NE-019","exhibitUrl":"/exhibit/DUT-NE-019","citation":"Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019)","stateName":"Nebraska","related":["DUT-NE-021","DUT-NE-018","DUT-NE-020","DUT-NE-026","DUT-NE-028"]}