The COVID Project
The record
- Jurisdiction
- Pennsylvania
- Level
- State
- Authority
- Pa. Const. art. IV, sec. 15 (veto)
- Issued
- 2020-11-30 Nov. 30, 2020
- Effective
- 2020-11-30 (bill returned without approval; not enacted) (read as 2020-11-30)
- End
- n/a; the consequence (no general COVID-19 liability shield for Pennsylvania businesses) persisted through 2021 Q3 (read as 2021-09-30)
- In force
- Nov. 30, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- businesses; manufacturers, distributors, labelers and users of personal protective equipment; covered providers; school entities (the classes the vetoed bill would have protected)
- Character
- not enacted
- Collection
- Standing duties: Pennsylvania DUT-PA
Operative words
Providing immunity for a business that does not rigorously comply with public health orders does not ensure the safety of the public, its employees and is not in the public interest.... We should not be providing protection for noncompliance or carelessness.
Penalty
n/a (ordinary tort liability remained; the only executive immunity for businesses, PA-023 sec. 14, ran 'only as related to enforcement of the Secretary of Health's Updated Order Requiring Universal Face Coverings' and 'shall not apply to liability of employers with respect to their employees')
What it required
Withheld approval from the General Assembly's COVID-19 liability bill because it would shield businesses without conditioning protection on rigorous compliance with public health orders; the executive thereby stated compliance with the health orders as the standard of care, and Pennsylvania had no general business liability shield in 2020 or 2021. Character as recorded: not_enacted (veto message; no legal effect).
Retrieval noteThe sentence elided in the quotation reads: 'At a time when the COVID-19 virus is spreading rapidly, we need to be taking measures to ensure compliance with public health orders and improve safety practices.' The veto message also states: 'This legislation provides broad, overreaching immunity from civil liability during the current pandemic. I support, and provided, protections against liability for emergency and disaster services activities taken by health care practitioners under my May 6, 2020, executive order.' Legislative history from the General Assembly's bill page (read Sept. 29, 2026): passed the Senate as amended 29-20 (Nov. 19, 2020); House concurred 104-98 (Nov. 20, 2020); presented to the Governor Nov. 20, 2020; 'Vetoed by the Governor, Nov. 30, 2020 (Veto No. 19).'.