An Act To Protect Maine Businesses, Nonprofits, Educational Institutions and Municipalities during the COVID-19 Pandemic
Maine Legislature, Session 130, LD 1403
Committee: Judiciary
Sponsors: DILLINGHAM, STEWART, DIAMOND
Amends: 14 MRSA §173

Legislative Document
No. 1403
H.P. 1037
House of Representatives, April 7, 2021
An Act To Protect Maine Businesses, Nonprofits, Educational 
Institutions and Municipalities during the COVID-19 Pandemic
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DILLINGHAM of Oxford.
Cosponsored by Senator STEWART of Aroostook and
Senator: DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  14 MRSA §173 is enacted to read:
§173.  Limited liability for coronavirus exposure
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Business organization" means an enterprise, corporation, partnership, limited 
liability company, proprietorship, association, business trust, real estate trust or other 
form of organization that is carrying on a business activity within the State regardless 
of whether organized for gain or profit or organized as a nonprofit or tax-exempt 
organization.
B.  "Coronavirus" means:
(1)  Severe acute respiratory syndrome coronavirus 2; or
(2)  Any ailment or disease caused or exacerbated by severe acute respiratory 
syndrome coronavirus 2.
C.  "Gross negligence" means an act or omission that, when viewed objectively from 
the standpoint of the actor at the time of its occurrence, creates risk to 3rd parties by 
knowingly operating in violation of government standards and guidance related to 
coronavirus exposure in effect at the time of the alleged act.
2.  Limitation of liability for exposure to coronavirus.  Notwithstanding any 
provision of law to the contrary, a municipality, educational institution or business 
organization is not liable for personal injury resulting from or related to an actual or alleged 
exposure to coronavirus occurring in the course of the municipality's, educational 
institution's or business organization's activity, or in the course of a person working for the 
municipality, educational institution or business organization in any capacity, while 
following applicable government standards and guidance related to coronavirus exposure.
3.  Liability exceptions.  The limitation of liability under subsection 2 does not apply 
to personal injury resulting from or related to the actual or alleged exposure to coronavirus 
proven by clear and convincing evidence to be the result of:
A.  Gross negligence;
B.  Willful misconduct;
C.  Intentional criminal conduct; or
D.  Intentional infliction of harm.
4.  Statute of limitations.  An action against a municipality, educational institution or 
business organization for an alleged personal injury arising from coronavirus must be 
commenced no later than one year after the day the cause of action arises.
5.  Construction.  This section does not create a new cause of action or expand any 
liability otherwise imposed, limit any defense or affect the applicability of any law that 
affords greater protections to a defendant than provided in this section.
SUMMARY
This bill provides a limitation against liability for a municipality, educational 
institution or for-profit or nonprofit business organization from suit alleging personal 
liability due to exposure to coronavirus if the municipality, educational institution or 
business organization is following applicable government standards and guidance related 
to coronavirus exposure.