Temporary liability protections, agritourism bill awaits action by governor

Comprehensive legislation passed by the Republican-led Pennsylvania General Assembly last week to provide temporary liability protections during the ongoing COVID-19 pandemic now includes a provision to protect farmers from frivolous lawsuits.

House Bill (HB) 1737 is on the desk of  Democratic Gov. Tom Wolf, ready to be signed or vetoed, said Pennsylvania House Rep. Barb Gleim (R-199th District) on Friday. HB 1737 received approval from the state House of Representatives in a 104-98 vote on Nov. 20 after the state Senate on Nov. 19 voted 29-20 to pass the measure.  

Originally a Democratic-led House bill encompassing environmental liability protections for land banks, the Senate on Friday amended HB 1737 to include Rep. Gleim’s agritourism limited liability protections provision, as well as the COVID-19 temporary liability protections legislation offered by Pennsylvania State Sens. Lisa Baker (R-20th District) and Kristin Phillips-Hill (R-28th District). 

“All three components of the bill are pro-growth legislation that will allow Pennsylvanians to realize a path to normalcy in this time of crisis,” said Rep. Gleim, who was named prime sponsor of the bill after Democratic members dropped off of it. 

Specifically, HB 1737 now would provide for economic development agency, fiduciary, and lender environmental liability protection; for agritourism activity protection and for COVID-19-related liability; and for making a related repeal.

In a statement released on Friday, Pennsylvania Speaker of the House Bryan Cutler (R-100th District) urged Gov. Wolf to sign the bill. “Every sector of our economy has been forced to find a new way to operate due to the pandemic,” Cutler said. “However, our schools, employers, and community leaders should not have to fear legal repercussions for following the governor’s orders.”

Rep. Gleim agreed, calling HB 1737 “great policy” that is supported by the majority of state residents and their employers. “Over 75 associations, nonprofits, school and health care entities, farmers, manufacturers, and small businesses have voiced the need for this legislation to be enacted,” she said.

David Taylor, president and CEO of the Pennsylvania Manufacturers’ Association, applauded the bill’s passage and thanked the General Assembly for acknowledging the private sector’s work toward responding to the COVID-19 pandemic.

“Today, the General Assembly protected the manufacturers that have re-tooled to meet the dire need for personal protective equipment and the medical professionals who are on the front lines caring for COVID-19 patients,” Taylor said on Friday. “To be clear, this legislation does not provide complete immunity for anyone. It simply ensures that if businesses, institutions, and organizations follow public health directives set by federal or state governments, they will be granted basic protections against being sued.”