Last Action | 04/11/21: became law without Governor's Signature (Acts Ch. 205) |
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Title | AN ACT relating to emergencies and declaring an emergency. |
Bill Documents |
Acts Chapter 205
Current/Final Introduced |
Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
Bill Request Number | 477 |
Sponsors | R. Stivers, R. Alvarado, J. Carpenter, D. Carroll, M. Castlen, R. Girdler, P. Hornback, S. Meredith, R. Mills, M. Nemes, D. Thayer, M. Wilson, M. Wise |
Summary of Original Version | Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during a declared emergency; amend KRS 39A.020 to define terms used; amend KRS 39A.070 and 39A.090 to conform; amend KRS 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Sections 1, 2, and 5 of the Act; EMERGENCY. |
Index Headings of Original Version |
Disasters - Immunity, owners and essential workers Effective Dates, Emergency - BR 477, emergencies Emergency Medical Services - Emergencies, immunity from lawsuit Engineers and Surveyors - Emergencies, immunity from lawsuit Health and Medical Services - Emergencies, immunity from lawsuit Hospitals and Nursing Homes - Emergencies, immunity from lawsuit Military Affairs and Civil Defense - Emergency, services provided, immunity Retroactive Legislation - BR 477, March 6, 2020 Architects - Emergency, services provided, immunity Claims - Emergencies, immunity and filing limitations Local Mandate - Emergencies, immunity from lawsuit |
Jump to Proposed Amendments |
Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 Senate Floor Amendment 6 Senate Floor Amendment 7 Senate Floor Amendment 8 Senate Floor Amendment 9 House Committee Substitute 1 with Fiscal Impact Statements House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 |
Votes | Vote History |
01/05/21 |
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01/06/21 |
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02/09/21 |
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02/10/21 |
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02/11/21 |
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02/24/21 |
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02/25/21 |
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02/26/21 |
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03/01/21 |
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03/02/21 |
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03/03/21 |
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03/04/21 |
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03/11/21 |
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03/12/21 |
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03/16/21 |
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03/29/21 |
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03/30/21 |
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04/11/21 |
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Amendment | Senate Committee Substitute 1 |
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Fiscal Impact Statement | Local Mandate to Senate Committee Substitute 1 |
Summary | Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, and specify the liability for essential services providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY. |
Index Headings |
Claims - Emergencies, immunity and filing limitations Disasters - Immunity, owners and essential workers Effective Dates, Emergency - Emergencies, immunity from lawsuit Effective Dates, Emergency - Repeal of Section 1, December 23, 2023 Emergency Medical Services - Emergencies, immunity from lawsuit Engineers and Surveyors - Emergencies, immunity from lawsuit Health and Medical Services - Emergencies, immunity from lawsuit Hospitals and Nursing Homes - Emergencies, immunity from lawsuit Local Mandate - Emergencies, immunity from lawsuit Military Affairs and Civil Defense - Emergency, services provided, immunity Retroactive Legislation - BR 477, March 6, 2020 Architects - Emergency, services provided, immunity |
Amendment | Senate Floor Amendment 1 |
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Sponsor | D. Yates |
Summary | Delete immunity from requirement to protect from risks associated with the SARS-COV-2 virus or the declared emergency. |
Index Headings |
Disasters - Emergency, SARS-COV-2, immunity, protecting from virus, removal Diseases - Emergency, SARS-COV-2, immunity, protecting from virus, removal |
Amendment | Senate Floor Amendment 2 |
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Sponsor | D. Yates |
Summary | Ensure that the Act is not interpreted to limit liability relating to non-COVID-SARS-2 motor vehicle accidents. |
Index Headings |
Disasters - Emergency, motor vehicle accidents, liability, Act does not limit Diseases - Emergency, motor vehicle accidents, liability, Act does not limit Motor Vehicles - Liability, Act does not limit |
Amendment | Senate Floor Amendment 3 |
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Sponsor | A. Southworth |
Summary | Delete definitions for "executive action" and "health care providers". |
Index Headings |
Disasters - Emergency, SARS-COV-2, health care providers, definition deleted Disasters - Emergency, SARS-COV-2, executive action, definition deleted Diseases - Emergency, SARS-COV-2, health care providers, definition deleted Diseases - Emergency, SARS-COV-2, executive action, definition deleted |
Amendment | Senate Floor Amendment 4 |
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Sponsor | A. Southworth |
Summary | Remove definition of "executive action" and other changes to definitions for KRS Chapter 39A; delete conforming statutes KRS 39A.070 and 39A.090; delete changes to KRS 39A.270 that specify those businesses that may remain open during an emergency. |
Index Headings |
Disasters - Emergency declaration, Governor's actions Diseases - Emergency declaration, Governor's actions Governor - Emergency declaration, definition of action taken |
Amendment | Senate Floor Amendment 5 |
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Sponsor | A. Southworth |
Summary | Specify that the owner of a premises is not liable for damage to property caused by the SARS-COV-2 virus. |
Index Headings |
Disasters - Emergency, SARS-COV-2, damage to real property, owner not liable Diseases - Emergency, SARS-COV-2, damage to real property, owner not liable Property - Real, damage, SARS-COV-2 emergency, owner not liable Real Estate - Damage, SARS-COV-2 emergency, owner not liable |
Amendment | Senate Floor Amendment 6 |
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Sponsor | R. Stivers |
Summary | Require that claims involving damage to real property related to the SARS-COV-2 pandemic be brought within the time set out in KRS 413.120. |
Index Headings |
Disasters - Emergency, SARS-COV-2, damage to real property, time for filing claim Diseases - Emergency, SARS-COV-2, damage to real property, time for filing claim Property - Real, damage claims, SARS-COV-2 emergency, time for filing Real Estate - Damage claims, SARS-COV-2 emergency, time for filing |
Amendment | Senate Floor Amendment 7 |
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Sponsor | R. Stivers |
Summary | Require that claims involving damage to real property related to the SARS-COV-2 pandemic be brought within the time set out in KRS 413.120; clarify the protection afforded essential workers. |
Index Headings |
Disasters - Emergency, SARS-COV-2, damage to real property, time for filing claim Disasters - Emergency, SARS-COV-2, essential service workers, liability refined Diseases - Emergency, SARS-COV-2, damage to real property, time for filing claim Diseases - Emergency, SARS-COV-2, essential service workers, liability refined Property - Real, damage claims, SARS-COV-2 emergency, time for filing Real Estate - Damage claims, SARS-COV-2 emergency, time for filing |
Amendment | Senate Floor Amendment 8 |
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Sponsor | R. Stivers |
Summary | Include distributors of medical or personal protective equipment as essential services providers. |
Index Headings |
Disasters - Emergency, SARS-COV-2, medical equipment distributors, essential services Diseases - Emergency, SARS-COV-2, medical equipment distributors, essential services Emergency Medical Services - Declared emergency, SARS-COV-2, medical equipment distributors, essential services Health and Medical Services - Declared emergency, SARS-COV-2, medical equipment distributors, essential services |
Amendment | Senate Floor Amendment 9 |
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Sponsor | R. Stivers |
Summary | Amend KRS 39A.270 specifying that the Governor or General Assembly may designate which services are essential during an emergency. |
Index Headings |
Disasters - Emergency, essential services, designation Diseases - Emergency, essential services, designation General Assembly - Emergency, essential services, designation Governor - Emergency, essential services, designation |
Amendment | House Committee Substitute 1 |
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Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
Summary | Create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought; specify the liability for essential services providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; provide that any person providing an essential service during the SARS-COV-2 pandemic shall be considered an agent of the Commonwealth; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY. |
Index Headings |
Disasters - Immunity, owners and essential workers Effective Dates, Emergency - Emergencies, immunity from lawsuit Effective Dates, Emergency - Repeal of Section 1, December 23, 2023 Emergency Medical Services - Emergencies, immunity from lawsuit Engineers and Surveyors - Emergencies, immunity from lawsuit Health and Medical Services - Emergencies, immunity from lawsuit Hospitals and Nursing Homes - Emergencies, immunity from lawsuit Military Affairs and Civil Defense - Emergency, services provided, immunity Retroactive Legislation - BR 477, March 6, 2020 Architects - Emergency, services provided, immunity Claims - Agents of the Commonwealth, designation Claims - Emergencies, immunity and filing limitations |
Amendment | House Floor Amendment 1 |
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Sponsor | K. Banta |
Summary | Retain original provisions; require person to act as an ordinary, reasonable, and prudent person. |
Index Headings | Claims - Agents of the Commonwealth, standard of care, establish |
Amendment | House Floor Amendment 2 |
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Sponsor | C. Stevenson |
Summary | Retain original provisions; and amend KRS 141.019 to allow the same treatment of unemployment compensation in accordance with Pub. L. No. 117-2, sec. 9042. |
Index Headings |
Taxation - Unemployment compensation, suspension of tax on a portion Taxation, Income--Individual - Unemployment compensation, suspension of tax on a portion Unemployment Compensation - Income taxation |
Amendment | House Floor Amendment 3 |
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Sponsor | T. Bojanowski |
Summary | Provide funds for the Urgent Needs School Replacement and Renovation Fund; APPROPRIATION. |
Index Headings |
Appropriations - Urgent Needs School Replacement and Renovation Fund, provide funds for Budget and Financial Administration - Urgent Needs School Replacement and Renovation Fund, provide funds for Capital Construction - Urgent Needs School Replacement and Renovation Fund, provide funds for Education, Finance - Urgent Needs School Replacement and Renovation Fund, provide funds for |
Amendment | House Floor Amendment 4 |
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Sponsor | C. Stevenson |
Summary | Retain original provisions; and amend KRS 141.019 to allow the same treatment of unemployment compensation in accordance with section 9042 of the American Rescue Plan Act of 2021; amend 21 RS HB 249/EN to remove the new language in Sections 29 and 30 and make conforming changes in section 31. |
Index Headings |
Taxation - Unemployment compensation, suspension of tax on a portion Taxation, Income--Individual - Unemployment compensation, suspension of tax on a portion Unemployment Compensation - Income taxation |
Amendment | House Floor Amendment 5 |
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Sponsor | C. Massey |
Summary | Retain original provisions to create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, specify the liability for essential service providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; provide definitions for additional terms including "COVID-19," "COVID-19 claim," and "arising from COVID-19"; and designate those businesses and providers deemed agents of the Commonwealth; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY. |
Index Headings |
Disasters - Immunity, owners and essential workers Effective Dates, Emergency - Emergencies, immunity from lawsuit Effective Dates, Emergency - Repeal of Section 1, December 23, 2023 Emergency Medical Services - Emergencies, immunity from lawsuit Engineers and Surveyors - Emergencies, immunity from lawsuit Health and Medical Services - Emergencies, immunity from lawsuit Hospitals and Nursing Homes - Emergencies, immunity from lawsuit Military Affairs and Civil Defense - Emergency, services provided, immunity Retroactive Legislation - BR 477, March 6, 2020 Architects - Emergency, services provided, immunity Claims - Business and service providers, deemed agents of the Commonwealth Claims - Emergencies, immunity and filing limitations State Agencies - Business and service providers, deemed agents of the Commonwealth |
Amendment | House Floor Amendment 6 |
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Sponsor | C. Massey |
Summary | Retain original provisions to create a new section of KRS Chapter 39A to provide liability protection for owners of premises during the SARS-COV-2 pandemic, set the time limit within which a claim for personal injury must be brought, specify the liability for essential service providers, and define what is an "essential service"; amend KRS 39A.020 to define "declared emergency", "disaster", and "executive action"; amend KRS 39A.070 and 39A.090 to conform; amend 39A.280 to refine the immunity of the state, private persons, volunteers, professional engineers and architects, and persons providing essential services during an emergency; provide definitions for additional terms including "COVID-19," "COVID-19 claim," and "arising from COVID-19"; and designate those businesses and providers deemed agents of the Commonwealth; EFFECTIVE MARCH 6, 2020, for Section 1 of the ACT; Repeal of Section 1 effective December 31, 2023; EMERGENCY. |
Index Headings |
Embalmers and Funeral Directors - Emergency, essential service, immunity from lawsuit Disasters - Immunity, owners and essential workers Effective Dates, Emergency - Emergencies, immunity from lawsuit Effective Dates, Emergency - Repeal of Section 1, December 23, 2023 Emergency Medical Services - Emergencies, immunity from lawsuit Engineers and Surveyors - Emergencies, immunity from lawsuit Health and Medical Services - Emergencies, immunity from lawsuit Hospitals and Nursing Homes - Emergencies, immunity from lawsuit Military Affairs and Civil Defense - Emergency, services provided, immunity State Agencies - Business and service providers, deemed agents of the Commonwealth Retroactive Legislation - BR 477, March 6, 2020 Architects - Emergency, services provided, immunity Claims - Business and service providers, deemed agents of the Commonwealth Claims - Emergencies, immunity and filing limitations |
Last updated: 11/9/2023 2:52 PM (EST)