Bill Text: NJ A4279 | 2020-2021 | Regular Session | Introduced

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Bill Title: Provides immunity for manufacturers of personal protective equipment for injury or death alleged to have been sustained as result of act or omission in course of manufacturing or distributing PPE in support of State's response to outbreak of coronavirus disease during public health emergency and state of emergency declared by Governor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-06-18 - Introduced, Referred to Assembly Judiciary Committee [A4279 Detail]

Download: New_Jersey-2020-A4279-Introduced.html

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ASSEMBLY, No. 4279

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JUNE 18, 2020

 

 

Sponsored by:

Assemblyman  GARY S. SCHAER

District 36 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Provides immunity for manufacturers of personal protective equipment for injury or death alleged to have been sustained as result of act or omission in course of manufacturing or distributing PPE in support of State's response to outbreak of coronavirus disease during public health emergency and state of emergency declared by Governor.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act concerning immunity for manufacturers of personal protective equipment.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.   As used in this act, "personal protective equipment" means protective clothing, helmets, gloves, face shields, goggles, face masks, respirators, and other equipment designed to protect the wearer from injury or the spread of infection or illness.

     b.    Notwithstanding the provisions of any law, rule, or regulation to the contrary, a manufacturer of personal protective equipment  ("PPE") shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the manufacturer in the course of manufacturing or distributing PPE in support of the State's response to the outbreak of coronavirus disease during the public health emergency or state of emergency declared by the Governor in Executive Order 103 of 2020. The immunity granted pursuant to this section shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.

 

     2.    This act shall take effect immediately and shall be retroactive to March 9, 2020.

 

 

STATEMENT

 

     This bill provides certain immunities for manufacturers of personal protective equipment ("PPE"). Under the bill, manufacturers would not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the manufacturer in the course of manufacturing or distributing PPE in support of the State's response to the outbreak of coronavirus disease during the public health emergency or state of emergency declared by the Governor in Executive Order 103 of 2020, issued on March 9, 2020. The immunity granted under the bill would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.

     The bill defines "personal protective equipment" as protective clothing, helmets, gloves, face shields, goggles, face masks, respirators, and other equipment designed to protect the wearer from injury or the spread of infection or illness.

     The bill would take effect immediately and would be retroactive to March 9, 2020, the date the Governor issued Executive Order 103 of 2020.