The COVID Project
The record
- Jurisdiction
- Alaska
- Level
- State
- Authority
- Legislative power; uncodified law of the State of Alaska (secs. 13-15 add new sections to the uncodified law)
- Issued
- 2021-04-30 Apr. 30, 2021
- Effective
- 2021-04-30 (sec. 23: 'This Act takes effect immediately under AS 01.10.070(c)') (read as 2021-04-30)
- End
- Secs. 14 and 15 are not among the sections repealed by sec. 21(a) (secs. 1-3, 5, 7, 8, 11 and 17) and stand as uncodified law; the disaster-emergency sections lapsed on the Governor's proclamation of Apr. 30, 2021 (Ex. AK-029) (read as 2021-04-30)
- In force
- Apr. 30, 2021 to Apr. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOperating condition
- Addressees
- persons who engage in business ('business' as defined in AS 18.35.399) and their employees; licensees under AS 08 (AS 08.01.110); State agencies and persons acting at a government agency's request (sec. 13)
- Character
- liability shield condition
- Collection
- Standing duties: Alaska DUT-AK
Operative words
(b) To qualify for immunity under this section, the person engaging in business must have been operating the business in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the customer's exposure to COVID-19.
Penalty
Loss of the immunity; exposure to suit for sickness, death, economic loss and other damages
What it required
Sec. 15(a) immunizes 'A person who engages in business and an employee of that person' from civil liability for a customer's COVID-19 exposure 'while patronizing the business' only where, under (b), the business was operating 'in substantial compliance with the applicable federal, state, and municipal laws and health mandates in effect at the time of the customer's exposure'; sec. 14 imposes the identical condition on licensees under AS 08 ('practicing the licensee's trade or profession in substantial compliance with the applicable federal, state, and municipal laws and health mandates'); the Legislature thereby made compliance with the health mandates and laws the standard of care for every Alaska business from Apr. 30, 2021.
Retrieval noteSec. 1(a)(4) is the Legislature's own finding that 'lockdown orders and other pandemic-related factors have forced numerous state businesses to close their doors and lay off employees or reduce service levels and employee hours far below what would otherwise have been provided'; sec. 1(a)(5) finds that travel restrictions 'have resulted in further reduction of economic activities in the state'; sec. 1(b)(3) states the intent to extend 'all the powers granted under AS 18.15.390 and AS 26.23.020'. Sec. 13(b) immunizes 'A person... for acts performed in good faith at the request of a government agency acting on the authority granted by this Act.' The Governor's FAQ on HB 76 states: 'HB 76 provides liability protection for businesses from COVID-19 cases' (Ex. AK-089).