Sponsored by:
Assemblyman GERARD SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Establishes immunity relating to COVID-19 spread on the premises of local community organizations under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing immunity relating to COVID-19 spread on the premises of local community organizations under certain circumstances and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any illness, injury, death, or other damages arising from, or related to, an exposure to, or transmission of, COVID-19 on the premises of a local community organization while engaged in a recreational or sporting aquatic event shall not give rise to any cause of action.
b. The immunity provided pursuant to subsection a. of this section shall apply only to local community organizations that adhere to COVID-19 cleaning and sanitizing standards as set forth by the Centers for Disease Control and Prevention. The immunity provided pursuant to subsection a. shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.
c. As used in this section:
“COVID-19” means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China.
“Local community organization” means a locally-based organization serving a community of people having shared interests that is incorporated, organized, and operated in such a manner as to qualify as a nonprofit corporation described in section 501(c)(3) of the federal Internal Revenue Code, 26 U.S.C. s.501(c)(3).
“Recreational or sporting aquatic event” means any recreational or sporting activity involving a swimming pool located on the property of a local community organization.
“Swimming pool” means a swimming pool, hot tub, or spa located on the property of a local community organization.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits any causes of action for damages arising from a COVID-19 exposure or transmission on the premises of a local community organization while engaged in a recreational or sporting aquatic event. This immunity would apply only to local community organizations that adhere to COVID-19 cleaning and sanitizing standards as set forth by the Centers for Disease Control and Prevention (CDC) and would not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct.
The bill defines “recreational or sporting aquatic event” to mean any recreational or sporting activity involving a swimming pool located on the property of a local community organization.