HB 4: "An Act providing immunity from liability and disciplinary action for occupational licensees for exposure of clients to COVID-19; providing immunity from liability for persons engaging in business and their employees for exposure of customers to COVID-19; and providing for an effective date."
00 HOUSE BILL NO. 4 01 "An Act providing immunity from liability and disciplinary action for occupational 02 licensees for exposure of clients to COVID-19; providing immunity from liability for 03 persons engaging in business and their employees for exposure of customers to 04 COVID-19; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 08.02 is amended by adding a new section to read: 07 Sec. 08.02.022. Licensee liability for client exposure to COVID-19. (a) A 08 licensee is immune from disciplinary action under this title for sickness, death, 09 economic loss, and other damages suffered by a client of the licensee from exposure to 10 novel coronavirus disease (COVID-19) in the course of the licensee's practice of the 11 licensee's trade or profession. 12 (b) To qualify for immunity under this section, a licensee must have been 13 practicing the licensee's trade or profession in substantial compliance with the 14 applicable federal, state, and municipal laws and health mandates in effect at the time
01 of the client's exposure to COVID-19. 02 (c) Immunity under this section does not apply to exposure to COVID-19 03 resulting from the gross negligence, recklessness, or intentional misconduct of a 04 licensee. 05 (d) Immunity under this section is in addition to any other immunity from 06 liability provided under state or federal law. 07 (e) In this section, "licensee" has the meaning given in AS 08.01.110. 08 * Sec. 2. AS 45.45 is amended by adding a new section to read: 09 Sec. 45.45.940. Business and employee liability for customer exposure to 10 COVID-19. (a) A person who engages in business and an employee of that person 11 when working in the business are immune from civil liability for sickness, death, 12 economic loss, and other damages suffered by a customer from exposure to novel 13 coronavirus disease (COVID-19) while patronizing the business. 14 (b) To qualify for immunity under this section, the person engaging in 15 business must have been operating the business in substantial compliance with the 16 applicable federal, state, and municipal laws and health mandates in effect at the time 17 of the customer's exposure to COVID-19. 18 (c) Immunity under this section does not apply to exposure to COVID-19 19 resulting from the gross negligence, recklessness, or intentional misconduct of a 20 person engaging in business or an employee of that person. 21 (d) Immunity under this section is in addition to any other immunity from 22 liability provided under state or federal law. 23 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. This Act applies to novel coronavirus disease (COVID-19) 26 exposure occurring on or after the effective date of this Act. 27 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).