Senate Bill 5

Actions | Amendments
Last Action 04/11/21: became law without Governor's Signature (Acts Ch. 205)
Title AN ACT relating to emergencies and declaring an emergency.
Bill Documents 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

Actions

Top | Amendments
01/05/21
  • introduced in Senate
  • to Committee on Committees (S)
  • to Economic Development, Tourism, and Labor (S)
  • taken from Economic Development, Tourism, and Labor (S)
  • 1st reading
  • returned to Economic Development, Tourism, and Labor (S)
01/06/21
  • taken from Economic Development, Tourism, and Labor (S)
  • 2nd reading
  • returned to Economic Development, Tourism, and Labor (S)
02/09/21
  • reported favorably, to Rules with Committee Substitute
  • floor amendments (1) and (2) filed to Committee Substitute
02/10/21
  • floor amendment (3) (4) (5) and (6) filed to Committee Substitute
02/11/21
  • floor amendment (6) withdrawn
  • floor amendment (7) filed to Committee Substitute
02/24/21
  • posted for passage in the Regular Orders of the Day for Thursday, February 25, 2021
  • floor amendment (8) filed to Committee Substitute
02/25/21
  • passed over and retained in the Orders of the Day
02/26/21
  • floor amendment (9) filed to Committee Substitute
  • passed over and retained in the Orders of the Day
03/01/21
  • 3rd reading
  • floor amendment (1) withdrawn
  • floor amendments (3) (4) and (5) defeated
  • passed 24-11 with Committee Substitute and floor amendments (2), (7), (8), and (9)
03/02/21
  • received in House
  • to Committee on Committees (H)
03/03/21
  • to Judiciary (H)
03/04/21
  • posted in committee
03/11/21
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
03/12/21
  • taken from Judiciary (H)
  • 2nd reading
  • returned to Judiciary (H)
03/16/21
  • reported favorably, to Rules with Committee Substitute
  • floor amendment (1) filed to Committee Substitute
03/29/21
  • taken from Rules
  • placed in the Orders of the Day
  • floor amendments (2), (3) and (4) filed to Committee Substitute
  • floor amendment (5) filed
03/30/21
  • floor amendment (6) filed
  • 3rd reading
  • floor amendment (3) ruled out of order
  • Bill passed 70-27 with floor amendment (6)
  • received in Senate
  • to Rules (S)
  • posted for passage for concurrence in House floor amendment (6)
  • Senate concurred in House floor amendment (6)
  • Bill passed 24-14
  • enrolled, signed by President of the Senate
  • enrolled, signed by Speaker of the House
  • delivered to Governor
04/11/21
  • became law without Governor's Signature (Acts Ch. 205)

Proposed Amendments

Top | Actions
Amendment Senate Committee Substitute 1
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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: 4/14/2021 8:30 AM (EDT)
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