Some 35 business organizations are behind a Business and Industry Association of New Hampshire effort to push state lawmakers and the governor to back Covid-19 liability protections for companies.

The effort comes before the language of the bill — to be introduced by Sen. Bob Giuda, R-Warren — has been finalized. But it would provide a safe harbor, meaning that a business couldn’t be sued as long as it is following guidelines, he said, although “bad actors” would not be protected.

Businesses locally and nationally have long been pushing for liability protection against lawsuits, but so far in the first few months, few have materialized. Giuda said he knew of no such suits in New Hampshire, but he added, “It only takes one. Someone is going to sue.”

Sununu has said he supports liability protections but would prefer that it be passed at the national level. Business lobbyists in Washington pushed for such protections as part of the Covid relief package.

But it was not included, primarily because of objections from Democrats, and now they are working for it at the state level.

While both Giuda and the BIA declined to disclose the legislation’s language before it was finalized, NH Business Review did obtain a draft that has been circulating among some of the lobbyists and business groups backing the bill.

The draft says that a business couldn’t be sued “for personal injury resulting from or related to an actual or alleged exposure to Coronavirus in the course of its business activity” or by someone working for the business, as long as at the time, the business was “relying on and generally following applicable government standards and guidance related to Coronavirus exposure.”

The exception? “Clear and convincing evidence that the injuries were the result of gross negligence, willful misconduct, intentional criminal misconduct or intentional infliction of harm.”

Any such case would have to be filed within a year when that exposure occurred, according to the draft.

In addition to the BIA, the letter backing liability protections was signed by representatives from the National Federation of Independent Businesses, the New Hampshire Bankers Association, New Hampshire Auto Dealers Association, New Hampshire Grocers Association, New Hampshire Lodging and Restaurant Association, New Hampshire Motor Transport Association, New Hampshire Retail Association, New Hampshire Convenience Store and Energy Marketers, New Hampshire College and University Council, New Hampshire Hospital Association, New Hampshire Medical Society, New Hampshire School Boards Association, Ski New Hampshire, and a host of tourist groups and chambers of commerce including those in Portsmouth, Concord, Dover, Nashua, Rochester, the Lakes Region, Upper Valley, Mt. Washington Valley and North Country. — BOB SANDERS