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Ex. DUT-AK-014 Standing duty Primary source read

HB 76, ch. 2 SLA 2021, secs. 1, 13, 14 and 15 (cross-reference to Ex. AK-028; not re-saved)

Findings; civil liability; licensee liability for client exposure to COVID-19; business and employee liability for customer exposure to COVID-19

Alaska State Legislature (SCS CSHB 76(FIN) am S), signed by Governor Dunleavy Apr. 30, 2021 · Alaska (State)

The COVID Project

The record

Jurisdiction
Alaska
Level
State
Authority
Legislative power; uncodified law of the State of Alaska (secs. 13-15 add new sections to the uncodified law)
Issued
2021-04-30 Apr. 30, 2021
Effective
2021-04-30 (sec. 23: 'This Act takes effect immediately under AS 01.10.070(c)') (read as 2021-04-30)
End
Secs. 14 and 15 are not among the sections repealed by sec. 21(a) (secs. 1-3, 5, 7, 8, 11 and 17) and stand as uncodified law; the disaster-emergency sections lapsed on the Governor's proclamation of Apr. 30, 2021 (Ex. AK-029) (read as 2021-04-30)
In force
Apr. 30, 2021 to Apr. 30, 2021
Quarters
2021 Q22021 Q3
Limitation types
Standing dutyOperating condition
Addressees
  • persons who engage in business ('business' as defined in AS 18.35.399) and their employees; licensees under AS 08 (AS 08.01.110); State agencies and persons acting at a government agency's request (sec. 13)
Character
liability shield condition
Collection
Standing duties: Alaska DUT-AK

Operative words

(b) To qualify for immunity under this section, the person engaging in business must have been operating the business in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the customer's exposure to COVID-19.

Penalty

Loss of the immunity; exposure to suit for sickness, death, economic loss and other damages

What it required

Sec. 15(a) immunizes 'A person who engages in business and an employee of that person' from civil liability for a customer's COVID-19 exposure 'while patronizing the business' only where, under (b), the business was operating 'in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the customer's exposure'; sec. 14 imposes the identical condition on licensees under AS 08 ('practicing the licensee's trade or profession in substantial compliance with the applicable federal, state, and municipal laws and health mandates'); the Legislature thereby made compliance with the health mandates and laws the standard of care for every Alaska business from Apr. 30, 2021.

Retrieval note

Sec. 1(a)(4) is the Legislature's own finding that 'lockdown orders and other pandemic-related factors have forced numerous state businesses to close their doors and lay off employees or reduce service levels and employee hours far below what would otherwise have been provided'; sec. 1(a)(5) finds that travel restrictions 'have resulted in further reduction of economic activities in the state'; sec. 1(b)(3) states the intent to extend 'all the powers granted under AS 18.15.390 and AS 26.23.020'. Sec. 13(b) immunizes 'A person... for acts performed in good faith at the request of a government agency acting on the authority granted by this Act.' The Governor's FAQ on HB 76 states: 'HB 76 provides liability protection for businesses from COVID-19 cases' (Ex. AK-089).