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Ex. DUT-IA-007 Standing duty Primary source read

Senate File 2338 (enrolled), An Act relating to civil actions... including civil actions related to the novel coronavirus, and including retroactive applicability provisions (the 'COVID-19 Response and Back-to-Business Limited Liability Act,' § 686D.1)

Senate File 2338 - Enrolled - COVID-19 Response and Back-to-Business Limited Liability Act (Iowa Code ch. 686D)

Iowa General Assembly (88th G.A.); signed by Governor Kim Reynolds June 18, 2020 · Iowa (State)

The COVID Project

The record

Jurisdiction
Iowa
Level
State
Authority
2020 Iowa Acts, S.F. 2338, §§ 3-11 (Iowa Code §§ 686D.1-686D.8)
Issued
2020-06-18 June 18, 2020
Effective
2020-07-01 (general effective date); div. II applies retroactively to January 1, 2020 (§ 11) (read as 2020-07-01)
End
standing (in force throughout 2020Q2-2021Q3 by retroactive application) (read as 2021-09-30)
In force
Standing since July 1, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • persons generally; employers; owners or persons in control of premises ('including a tenant, lessee, or occupant of a premises'); health care providers; manufacturers and suppliers of qualified products
Character
liability shield condition
Collection
Standing duties: Iowa DUT-IA

Operative words

A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or state statute, regulation, order, or public health guidance related to COVID-19...

Penalty

loss of the limitation on civil liability (exposure to ordinary tort liability for COVID-19 exposure claims) where the act or omission was not in substantial compliance with, or consistent with, the applicable statute, regulation, order or public health guidance, or where the premises possessor recklessly disregarded a substantial and unnecessary risk.

What it required

Conditioned the statutory protection from COVID-19 exposure suits on 'substantial compliance' with, or consistency with, every applicable federal or State statute, regulation, order or written public-health guidance (§ 686D.5), withheld the premises-owner protection from a person who 'recklessly disregards a substantial and unnecessary risk' of exposure (§ 686D.4(1)), and thereby made compliance with the health protocols the legal standard of care for every Iowa employer, premises possessor and business from January 1, 2020.

Retrieval note

Quotation continues: '... that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure.' (§ 686D.5, S.F. 2338 p. 5, ll. 3-12). § 686D.2(11): 'Public health guidance' means and includes written guidance related to COVID-19 issued by (a) the CDC, (b) CMS, (c) federal OSHA, (d) the office of the governor, (e) any state agency, including the department of public health. § 686D.2(10): 'Premises' means any real property and appurtenant building or structure serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. Signing date from the Iowa Legislature bill history (legis.iowa.gov billHistory SF2338, 88th G.A.: 'June 18, 2020 Signed by Governor'). Codified as Iowa Code ch. 686D (2021).