ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

 


HB 2912: COVID-19; civil liability; evidence; penalties

Sponsor:  Representative Kavanagh, LD 23

Committee on Rules

Overview

Limits enforcement actions and civil liability during the state of emergency declared by the Governor relating to the COVID-19 outbreak.

History

On March 11, 2020, Governor Ducey issued a declaration of emergency and an executive order to provide health officials and administrators with tools and guidance necessary to combat the continued spread of COVID-19.

Governor Ducey, on March 19, 2020, issued an executive order limiting the operations of certain businesses to slow the spread of COVID-19. On March 30, 2020, the Governor issued an executive order limiting activities outside of the home, increasing physical distancing measures and defining essential activities for individuals.

A violation of an order, rule or regulation pursuant to a state of emergency order is a class 1 misdemeanor (A.R.S. § 26-317).

Provisions

1.    Prohibits charging, adjudicating, or convicting a person of an act prohibited or required by executive order.☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☒ Emergency (40 votes)	☐ Fiscal Note

a)    Applies only to the executive orders issued during the Governor's state of emergency and relating to the COVID-19 outbreak.

b)    Contains a retroactivity clause of March 11, 2020. (Sec. 1)

 

2.    Places, beginning March 11, 2020, a civil penalty not to exceed $100 on a person who knowingly fails or refuses to obey an executive order if the person is notified of the violation and does not remedy the violation within 24 hours of receiving the notice.

a)    Applies only to the executive orders issued during the Governor's state of emergency and relating to the COVID-19 outbreak.

b)    Contains a retroactivity clause of March 11, 2020. (Sec. 1)

 

3.    Prohibits, beginning March 11, 2020, the state or any political subdivision issuing a business, service, or professional license or permit in its jurisdiction from suspending or revoking a license or permit based on actions directly prohibited or required by executive order.

a)    Applies only to the executive orders issued during the Governor's state of emergency and relating to the COVID-19 outbreak.

b)    Contains a retroactivity clause of March 11, 2020. (Sec. 1)

 

4.    Exempts a school or person from being liable, except in cases of gross negligence, to an individual who contracts COVID-19 during the state of emergency order related to the COVID-19 outbreak, including after the individual enters or remains on the premises of the school or person.

a)    Expands the definition of a person to include an individual who owns or operates a business, corporation, limited liability company, church, religious institution or nonprofit organization.

b)    Defines school as a public, charter or private school providing K-12 instruction, a university, a community college, an accredited private postsecondary institution, a vocational program, or a vocational education program. (Sec. 2)

5.    States the burden of proof in a civil action is based on the plaintiff contracting COVID-19 and clear and convincing evidence the school or person acted with gross negligence.

a)    Specifies the burden of proof standard applies to all causes of actions accruing before, on or after the effective date. (Sec. 2)

 

6.    Contains a severability clause. (Sec. 3)

7.    Contains an emergency clause. (Sec. 4)

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11.                    HB 2912

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