House Bill 10

Actions | Amendments
Last Action 02/24/21: to Economic Development, Tourism, & Labor (S)
Title AN ACT relating to the limitation of liability during the COVID-19 pandemic and declaring an emergency.
Bill Documents Current
Introduced
Fiscal Impact Statements Local Mandate
Additional Fiscal Impact Statements Exist
Bill Request Number 71
Sponsors S. Sheldon, D. Bentley, J. Blanton, A. Bowling, J. Decker, D. Elliott, D. Fister, K. Fleming, R. Goforth, R. Heath, K. King, A. Koenig, W. Lawrence, D. Lewis, C. Massey, C. McCoy, S. McPherson, P. Pratt, M. Prunty, B. Reed, B. Rowland, T. Smith, W. Thomas, B. Wesley
Summary of Original Version Create a new section of KRS Chapter 411 to define "person"; to provide a defense to civil liability to a person who acts in good faith while operating a business during a state of emergency for ordinary negligence for a personal injury resulting from alleged or actual exposure to COVID-19 provided the person acts as an ordinary, reasonable, and prudent person would act under similar circumstances; create a new section of KRS Chapter 411 to provide that a public school official's decision to open or close a school is discretionary for purposes of determining qualified immunity; apply section retroactively; EMERGENCY.
Index Headings of Original Version Civil Actions - COVID-19, limitation of liability
Education, Elementary and Secondary - COVID-19, limitation of liability
Education, Higher - COVID-19, limitation of liability
Local Mandate - COVID-19, limitation of liability
Effective Dates, Emergency - COVID-19, limitation of liability
Labor and Industry - Liability, COVID-19, limitation
Retroactive Legislation - COVID-19, limitation of liability
Jump to Proposed Amendments House Committee Substitute 1 with Fiscal Impact Statements
House Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
01/06/21
  • introduced in House
  • to Committee on Committees (H)
  • to Judiciary (H)
  • taken from Judiciary (H)
  • 1st reading
  • returned to Judiciary (H)
01/07/21
  • taken from Judiciary (H)
  • 2nd reading
  • returned to Judiciary (H)
  • posted in committee
01/08/21
  • reported favorably, to Rules with Committee Substitute (1) and committee amendment (1)
  • taken from Rules (H)
  • placed in the Orders of the Day
  • 3rd reading
  • returned to the Orders of the Day
01/09/21
  • 3rd reading, passed 75-21 with Committee Substitute (1)
  • received in Senate
02/24/21
  • to Committee on Committees (S)
  • to Economic Development, Tourism, & Labor (S)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Fiscal Impact Statement Local Mandate to House Committee Substitute 1
Summary Retain the original provisions except for technical changes to the definition of "person" to add "charity or nonprofit organization"; change "Kentucky Department of Public Health" to the "Centers for Disease Control and Prevention"; remove the definition of "retail business"; make the rebuttable presumption applicable to "any person, as defined in subsection 1"; change "injury" to "exposure"; and clarify Section 2 so that executive order relates to school closure; EMERGENCY
Index Headings Education, Elementary and Secondary - COVID-19, limitation of liability
Education, Higher - COVID-19, limitation of liability
Effective Dates, Emergency - COVID-19, limitation of liability
Labor and Industry - Liability, COVID-19, limitation
Retroactive Legislation - COVID-19, limitation of liability
Civil Actions - COVID-19, limitation of liability

Amendment House Committee Amendment 1
Sponsor M. Cantrell
Summary Amend HB10/PHS 1 to include a provision that maintains employees' rights to access benefits under KRS Chapter 342.
Index Headings Workers' Compensation - COVID-19 liability limitation, workers' compensation, unaffected

Last updated: 2/26/2021 4:28 PM (EST)
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