,,ii #aafth ,,congress #b;d ,session ,s4 #ciae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #h1 #bjbj,mrs4 ,loeffler introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to exempt certain businesses from liability arising from claims relating to an individual contracting ,,covid-#ai as a result of patronizing a business or healthcare entity4 #a4 ,short title ,this ,act may be cited as the ,protecting ,reopening ,businesses ,recovering from ,,covid-#ai ,act4 #b4 ,findings and purpose 7a7 ,findings ,congress finds the following3 7#a7 ,,covid-#ai is a highly contagious infectious disease caused by the virus ,,sars-,co,v-#b with more than #f1jjj1jjj people worldwide1 and more than #a1ijj1jjj people in the ,united ,states1 infected4 7#b7 ,to flatten the infection curve1 the ,united ,states encouraged individuals to practice social distancing and ,states issued stay-at-home orders to enforce social distancing4 7#c7 ,the necessary measures taken to flatten the curve resulted in the closure or severe reduction in operations of numerous businesses1 including restaurants1 retailers1 and hospitality industry business4 7#d7 ,the closure and reduction in operations of these business precipitated a significant reduction of economic activity and strained the long term health of many businesses4 7#e7 ,the measures taken appear to have flattened the infection curve and ,states have begun to reopen4 7#f7 ,health experts agree that ,,covid-#ai remains a highly infectious disease4 7#g7 ,as businesses reopen and customers begin to patronize them there presents a risk of transmission despite mitigation efforts taken by businesses4 7#h7 ,businesses already strained by prior mitigation efforts cannot afford further economic strain resulting from civil tort claims stemming from customers and patrons contracting ,,covid-#ai4 7#i7 ,therefore1 it is necessary to provide businesses and healthcare providers with an exemption from liability for claims arising from or relating to individuals contracting ,,covid-#ai4 7b7 ,purpose ,the purpose of this ,act is to provide for an exemption from liability arising from claims arising from an individual contracting of ,,covid-#ai as a result of patronage of a business or health care entity during such time as a national health emergency exists4 #c4 ,definitions 7#a7 ,business ,the term business-- 7,a7 means any entity organized as corporation1 partnership1 limited liability corporation1 limited liability partnership1 sole proprietorship1 farming cooperative1 or any other corporate structure recognized by the ,state in which the business is domiciled2 and 7,b7 includes any nonprofit organization or educational institution4 7#b7 ,covered individual ,the term covered individual means-- 7,a7 any invitee or licensee1 as defined by the tort law of the ,state in which the business or ,,covid-#ai medical entity is domiciled or does business2 7,b7 any employee1 contractor1 or other individual providing services to a business or ,,covid-#ai medical entity2 or 7,c7 any other person who enters or otherwise visits or avails themselves of the services provided by a business or ,,covid-#ai medical entity4 7#c7 ,covered period ,the term covered period means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to ,,covid-#ai4 7#d7 ,,covid-#ai action ,the term ,,covid-#ai action-- 7,a7 means any civil action commenced in any ,federal or ,state court in which the alleged harm or injury to the plaintiff arises from or is related to the actual or potential contracting infection of ,,covid-#ai or ,,sars-,co,v-#b2 and 7,b7 does not include any action brought by a government entity in a regulatory1 supervisory1 or enforcement capacity4 7#e7 ,,covid-#ai medical entity ,any business or governmental institution that provides healthcare related services for ,,covid-#ai1 including treating1 testing1 or transportation of ,,covid-#ai patients1 manufacturing or distribution of personal protective equipment1 and manufacturing1 distributing1 or testing of other healthcare equipment4 7#f7 ,damages ,the term damages means any punitive1 compensatory1 or general damages recoverable under any ,state or ,federal law4 #d4 ,liability exemption for businesses and covid-#ai medical entities 7a7 ,in general ,during the covered period1 no business or ,,covid-#ai medical entity shall be liable for any damages arising from a claim arising from or relating from an individual's contracting of ,,covid-#ai if the business or ,,covid-#ai medical entity was-- 7#a7 operating in a fashion consistent with any applicable ,state or ,federal guidelines or requirements on reopening2 and 7#b7 using measures outlined by the ,center for ,disease ,control and ,prevention any other ,state or ,federal agency to mitigate the potential spread of ,,covid-#ai1 including requiring individuals to wear face coverings1 sanitizing the workplace1 practicing social distancing1 and using temperature checks4 7b7 ,exception ,subsection 7a7 shall not apply to a business or ,,covid-#ai medical entity that a court has determined to have acted grossly negligent4