HF 4545

as introduced - 91st Legislature (2019 - 2020) Posted on 04/14/2020 11:19am

A bill for an act
relating to civil actions; creating immunity defense for manufacturers producing
COVID-19 products; proposing coding for new law in Minnesota Statutes, chapter
604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.35] CORONAVIRUS DISEASE 2019 MANUFACTURING
ACTIVITIES; IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Association" means a trade, professional, agricultural, governmental, or similar
organization, the members of which are individuals, enterprises, or governmental units
engaged in similar lines of business, services, or activity.
new text end

new text begin (c) "Coronavirus Disease 2019 manufacturing activities" means manufacturing activities
related to the increase in demand for products during the outbreak of the infectious disease
known as COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Defective products. new text end

new text begin The increase in demand for products from the Coronavirus
Disease 2019 manufacturing activities may cause defective products resulting or reasonably
anticipated to result from operating deficiencies.
new text end

new text begin Subd. 3. new text end

new text begin Immunity in general. new text end

new text begin No cause of action may be maintained against an
association for damages or harm resulting from its Coronavirus Disease 2019 manufacturing
activities.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin Subdivision 3 does not apply if the party against whom the claim
is brought knew in fact that its Coronavirus Disease 2019 manufacturing activities were
fraudulent or materially or operationally defective.
new text end

new text begin Subd. 5. new text end

new text begin No implied cause of action created. new text end

new text begin No liability on the part of any person or
any public or private entity is implied or created by this section by the absence of a grant
of immunity under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end