SB 1 – Civil Immunity Related to COVID-19
Authored by Sen. Mark Messmer (R-Jasper)
Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized or sponsored by the person. Specifies that the immunities do not affect the duty of care owed by a nursing home to a patient. Defines COVID-19 protective product and provides civil immunity for harm that results from the design, manufacture, labeling, sale, distribution or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Limits certain immunities to tort actions. Prohibits class action suits. Exempts fraud and intentionally tortious acts from specified immunities.
HB 1002 Civil Immunity Related to COVID-19
Authored by Rep. Jerry Torr (R-Carmel)
Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Provides that a person is not liable to a claimant for loss, damage, injury or death arising from COVID-19 unless the claimant proves by clear and convincing evidence that the person caused the loss, damage, injury or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency.
Chamber position on both bills: Support (a top priority)
The latest: SB 1 bill was amended on second reading by Sen. Messmer, bringing the language closer to the House version (except it doesn’t include the health care provider provisions). The Senate passed SB 1 Thursday on third reading 40-8. The bill moves to the House where Rep. Torr is the House sponsor. Meanwhile, the House moved HB 1002 to third reading without any amendments; it is now ready for a full House vote.
Indiana Chamber action/commentary: The Chamber, the Indiana Manufacturers Association and the Insurance Institute of Indiana worked this week with HB 1002’s author, Rep. Torr, to discuss a few changes. It is expected that SB 1 will be heard next week in the House Judiciary Committee and then once it passes the House, a concurrence would then be necessary by Sen. Messmer. Likewise, it is expected that HB 1002 will pass the House next week.
Resources: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com; Bill Waltz at (317) 264-6887 or email: bwaltz@indianachamber.com
