The COVID Project
The record
- Jurisdiction
- Nebraska
- Level
- State
- Authority
- Legislative Bill 139, introduced by Senators Briese and Williams; emergency clause (§ 10)
- Issued
- 2021-05-25 May 25, 2021
- Effective
- 2021-05-26 (emergency clause: 'this act takes effect when passed and approved according to law'; codified § 25-3603 fixes the date as May 26, 2021) (read as 2021-05-26)
- End
- standing (no sunset in the enacted text) (read as 2021-09-30)
- In force
- Standing since May 26, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOperating condition
- Addressees
- every 'Person': 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))
- Character
- liability shield condition
- Collection
- Standing duties: Nebraska DUT-NE
Operative words
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.
Penalty
Loss of the immunity: a business not in substantial compliance with the applicable CDC, CMS or OSHA guidance remained exposed to suit
What it required
Conditioned every business's immunity from COVID-19 exposure suits on 'substantial compliance with any federal public health guidance that was applicable to the person, place, or activity,' with 'Federal public health guidance' defined in sec. 2(2) as 'written or oral guidance related to COVID-19 issued by' the CDC, CMS 'or... The federal Occupational Safety and Health Administration'; the Legislature thereby made compliance with the federal health guidance the legal standard of care from May 26, 2021.
Retrieval noteNot retroactive: the immunity reaches exposure 'on or after the effective date' only (the Statement of Intent, DUT-NE-021, states 'The provisions of the legislation are not retroactive'). Sec. 4 preserves the Nebraska Workers' Compensation Act. The Judiciary Committee Statement (Feb. 18, 2021; read, not saved) lists written proponent testimony from DHHS Chief Medical Officer Gary Anthone and oral proponents including the Nebraska Chamber, Nebraska Medical Association, Greater Omaha Chamber, Lincoln Chamber, Nebraska Hospital Association, Nebraska Grocers Association and NFIB.